`
`
`
`Plaintiffs,
`
`
`
`
`
`
`
`CLASS REPRESENTATION
`
`IN THE CIRCUIT COURT OF THE
`NINTH JUDICIAL CIRCUIT IN AND
`FOR ORANGE COUNTY, FLORIDA
`
`CASE NO. 2024-CA-005873-O
`
`HOMEOWNERS ASSOCIATION OF EAGLE CREEK,
`INC., a Florida non-profit corporation, on behalf of itself
`and its members,
`
`
`
`
`
`
`v.
`
`EAGLE CREEK DEVELOPMENT CORPORATION,
`a Florida corporation; EC ORLANDO, LLC, a Florida
`limited liability company; JCH EAGLE CREEK, LLC, a
`Florida limited liability company; JONES HOMES USA,
`INC., a Florida corporation CENTERLINE HOMES
`CONSTRUCTION OF CENTRAL FL, LLC, a Florida
`limited liability company; CENTERLINE HOMES
`CONSTRUCTION, INC., a Florida corporation; JCH
`CONSTRUCTION, LLC, a Florida limited liability
`company; STANDARD PACIFIC OF FLORIDA GP,
`INC., a foreign corporation; STANDARD PACIFIC OF
`FLORIDA GP, LLC, a Foreign limited liability company;
`LENNAR HOMES, LLC, a Florida limited liability company;
`COLLIS ROOFING, INC., a Florida corporation; SUPERB
`ROOFING, INC., a Florida corporation; CIRCLE L
`ROOFING, INC., a Florida corporation; HALL BROTHERS
`ROOFING, INC., a Florida corporation; THE ROOF
`DEPOT, LLC, a Foreign limited liability company;
`NATIONS ROOF SOUTHERN FLORIDA, LLC, a Foreign
`limited liability company
`
`
`Defendants.
`
`_________________________________________________/
`
`PLAINTIFF’S EX PARTE MOTION TO STAY COMPLAINT
`
`
`ASSOC- MTN2 Stay Complaint
`
`1
`
`
`
`Plaintiff, Homeowners Association of Eagle Creek, Inc. (“Association”), by
`
`and through undersigned counsel, moves this Court for an order staying the
`
`Association’s Complaint and states as follows.
`
`1.
`
`This is a construction defect action regarding a master residential
`
`common interest community known as Eagle Creek located in Orange County,
`
`Florida (the “Subject Property”).
`
`2.
`
`To protect itself and its members against potential statute of
`
`repose/limitations issues, the Association filed its Complaint on June 28, 2024,
`
`alleging that Defendants improperly constructed, designed, inspected, managed,
`
`maintained and funded the Subject Property.
`
`3.
`
`The Association retained experts to perform visual inspections within
`
`the Subject Property, which confirmed the existence of substantial issues. Due to
`
`the extreme high demand placed on forensic engineers from the recent shortening of
`
`the Statute of Repose and the millennial inspection requirements for condominiums,
`
`the experts are not able to perform destructive testing until late August or September
`
`2024. The intent of the testing is to identify the full nature, extent and locations of
`
`the defective conditions, which will be memorialized in one or more expert reports.
`
`4.
`
`In the interest of complying with CH. 558, FLORIDA STATUTES, and
`
`possibly settling the case, the Association wishes to pursue resolution efforts with
`
`Defendants before proceeding with litigation as mandated by CH. 558, FLORIDA
`
`ASSOC- MTN2 Stay Complaint
`
`2
`
`
`
`STATUTES. Pursuant to FLA.STAT. 558.004(7), this Court may stay this action until
`
`the parties complete the statutory pretrial process.
`
`5.
`
`In the interest of preserving judicial resources and allowing the pre-
`
`litigation process the greatest chance of success, the Association’s Complaint should
`
`be stayed.
`
`WHEREFORE, Plaintiff, Homeowners Association of Eagle Creek, Inc.
`
`respectfully requests this Court grant this Motion, enter an order staying the
`
`Complaint, and for any other relief deemed just and equitable.
`
`Respectfully submitted this 8th day of July, 2024.
`
`PURSIANO LAW LLP
`Jason W. Bruce, Esq. (FBN 62181)
`Robert L. Simon, Esq. (FBN 92721)
`Andrew J. Celauro, Esq. (FBN 91358)
`Billy J. Brown, Esq. (FBN 50405)
`655 W. Morse Boulevard, Suite 112
`Winter Park, FL 32789
`Telephone: 407.636.7700
`Facsimile: 407.636.7701
`jbruce@pursiano.com
`rsimon@pursiano.com
`acelauro@pursiano.com
`bbrown@pursiano.com
`lmatthews@pursiano.com
`texantus@pursiano.com
`
`
`By:___________________________________
`JASON W. BRUCE, ESQ.
`Attorneys for Plaintiffs
`
`
`
`ASSOC- MTN2 Stay Complaint
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
