BASIC INFORMATION
You have been identified as possibly being an individual or entity who currently owns or previously owned a home in TerraLargo and paid club membership fees to a Defendant on or after August 19, 2016 and before July 15, 2021, this notice is to advise you of these events and their potential effect on your legal rights. There will ultimately be a disposition of the claims and defenses raised by Plaintiff and Defendants in this lawsuit. The purpose of this notice is to inform you of this class action lawsuit and how it may potentially affect your legal rights.
The Court in charge of the case is the Circuit Court of the Tenth Judicial Circuit of the State of Florida, and the case is known as Raymond Pena Jr. v. The Kolter Group, LLC. et al., Case No. 2020-CA-002588.
The lawsuit alleges that the Defendants violated Florida Statutes by requiring TerraLargo homeowners to pay club membership fees and later transferring funds from the TerraLargo Club to Defendants. Defendants deny these claims and allegations and have asserted defenses.
The Court has not ruled on the merits of Plaintiffs’ claims or on Defendants’ denials and defenses.
In a class action, Plaintiff, as a representative, sues on behalf of people who have similar claims. All these people are Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.
The Court has ruled that this lawsuit may be maintained as a class action, meaning that the claims for damages can be pursued not only by Plaintiff individually, but also on behalf of a class consisting of certain other persons who paid club membership fees. The Court has named Plaintiff as representative of the whole class, and his attorneys, J. Daniel Clark of Clark & Martino, P.A., J. Carter Anderson of Bush Ross, P.A., and John Marc Tamayo of Campbell Trohn Tamayo & Aranda, as counsel for the class (collectively referred to as “Class Counsel”). The class consists of all persons who currently own, or previously owned a home in TerraLargo between August 19, 2016 and July 15, 2021, and have paid, or have been obligated to pay, a Club Membership Fee to a Defendant under the Club Plan.
This ruling by the Court does not mean that any money will be obtained for class members who paid club membership fees. These are still contested issues that have not been decided. Rather, the ruling means that the final outcome of this lawsuit—whether favorable to Plaintiff or Defendants—will apply in a like manner to every class member, that is, those who currently own or previously owned a home in TerraLargo and paid club membership fees to a Defendant on or after August 19, 2016 and before July 15, 2021.
WHO IS IN THE CLASS
The class consists of:
All persons who currently own, or previously owned a home in TerraLargo between August 19, 2016 and July 15, 2021, and have paid, or have been obligated to pay, a Club Membership Fee to a Defendant under the Club Plan.
If you are still not sure whether you are included, you can ask for free help. You can call 877-388-1755 or email info@TerraLargoClassAction.com and ask the Class Action Administrator to help you.
YOUR RIGHTS AND OPTIONS
If you fit the above description of a class member, you have a choice whether or not to remain a member of the class on whose behalf this suit is being maintained and litigated. Either choice will have its consequences, which you should fully understand before making your decision.
If you want to remain a member of the class, you should NOT submit a “Request to Opt Out” and you are NOT required to do anything at this time. By remaining a class member, any claim you may have against Defendants for damages will be determined in this lawsuit and cannot be presented in any other lawsuit. If you do nothing before the opt out deadline of October 24, 2025, you will have elected to remain a member of the class in accordance with this option.
You can exclude yourself from the class by sending a written “Request to Opt Out” to TerraLargo Class Action, EXCLUSIONS, c/o A.B. Data, Ltd., P.O. Box 173001, Milwaukee, WI 53217 by mail, postmarked no later than October 24, 2025. Your written request must include:
• Your name, address of your property or properties (if different than your mailing address), telephone number, and the statement that you want to opt out of the lawsuit;
• The case name and number: Raymond Pena, Jr. v. The Kolter Group, LLC. et al., Case No. 2020-CA-002588;
• A statement that you currently own or previously owned a home in TerraLargo and paid club membership fees to a Defendant on or after August 19, 2016 and before July 15, 2021; and
• Your signature.
You cannot exclude yourself by phone or email. If you ask to be excluded, you will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) the Defendants in the future, and otherwise reserve all rights that you may have, if any.
No. Unless you exclude yourself, you give up the right to sue the Defendants for the claims in this lawsuit. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Class to continue your own lawsuit. Remember, the exclusion deadline is October 24, 2025. Any exclusion request postmarked after that date will not be valid, and the sender will be a Class Member and bound by any judgment entered by the Court, whether favorable or unfavorable.
THE LAWYERS REPRESENTING YOU
If you do not exclude yourself from the settlement, the Court has appointed attorney J. Daniel Clark, Esq., of the law firm of Clark & Martino, P.A., 3407 W. Kennedy Blvd., Tampa, Florida 33609 to represent you and other Class Members. You will not be charged for this attorney. If you want to be represented by your own lawyer, you may hire one at your own expense.
Class Counsel may seek an award of attorneys’ fees and costs from any future recovery that may occur in this class action against the Defendants. They may also ask for reasonable additional incentive awards for the named Plaintiff from any future recovery that may occur in this class action against Defendants.
GETTING MORE INFORMATION
Any questions you have concerning the matters contained in this notice, including any corrections or changes of name and/or address, should NOT be directed to the Court, but should be directed in writing to:
TerraLargo Class Action
C/O A.B. Data, Ltd.
P.O. Box 173001
Milwaukee, WI 53217
Email: info@TerraLargoClassAction.com
Toll-Free Telephone: 877-388-1755
If you decide to remain a member of the class and wish to communicate with Class Counsel as your attorneys in this lawsuit, you may do so by contacting lead Class Counsel:
J. Daniel Clark, Esquire
Clark & Martino, P.A.
3407 W. Kennedy Blvd.
Tampa, Florida 33609
(813) 879-0700
You may, of course, seek the advice and guidance of your own attorney, if you desire at your own expense. The pleadings and other records in this lawsuit may be examined and copied at any time during regular business hours at the Office of the Clerk: Polk County Clerk of Circuit Court, 255 North Broadway Avenue, Bartow, FL 33830. Please do not contact the Court or the Circuit Clerk’s Office regarding the matters contained in this notice.