Mike Morgan Vs. Lennar

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Lennar's Federal Complaint
Motion to Dismiss or Stay
Lennar's Motion for Preliminary Injunction
Morgan's Motion for Summary Judgement
Magistrate Judge's Report and Recommendation on Plaintiffs Motion for a Preliminary Injunction
Lennar's Notice of Voluntary Dismissal

August 15, 2007 - Donna Shalala Lies in Sworn Affidavit - I haven't stepped forward with this until now, but we have a signed and sworn affidavit from Donna Shalala that was filed in the lawsuit in Martin County. What's very interesting here, is that Ms. Shalala perjured herself. Donna Shalala is the President of the University of Miami and on the Lennar Board of Directors. She was also appointed by President Bush to spearhead the investigation into our Veterans Hospitals. First it was Scooter Libby, now we have Donna Shalala lying. It will be interesting to see how this plays out. I will post my Motion for Contempt of Court against Donna Shalala next week, after it is filed. And after I prove the lie in court, I will sit down with the prosecutor for perjury charges. Stay tuned.

August 15, 2007 - Lennar Goes After Family - Here's a perfect example of just how underhanded and nasty Lennar Homes can get. They want to depose my brother and my parents. My parents 81 and 77 are in failing health, and know nothing about the issues of this website or the lawsuits Lennar has filed. Deposing them will probably kill them. They want to depose my brother as well. This is interesting, because now I can reveal the settlement agreement my brother signed with Lennar. Lennar wanted to shut him up. You see he purchased Lennar homes, but the homes were so defective that they returned his deposits. In fact, on the one home, Lennar said there was nothing wrong . . . but then did work on the trusses AND ripped off the roof and replaced it. I will post the settlement agreement and the issues surrounding these homes in the next few days. Still thinking about buying a Lennar Home?

August 10, 2007 - Email Received August 11, 2007 - Webmaster Note: My heart goes out to this family. Believe it or not, Lennar refuses to accept responsibility and Do The Right Thing. This is the family who lost their father when he was electrocuted in a defective Lennar Home. Email Received: I wish you all luck with your endeavors to get Lennar and or their sub contractors to do anything to help you. We are still battling the non caring and non responsibility attitude of Lennar and their subs. Sept 20th 2007 will be the 2 yr. anniversary that my Son In Law was electrocuted while installing a dryer vent in a new home in a Lennar sub division, leaving 2 young children, fatherless, with a disabled Mother. We did manage to get the licences of the County Inspectors, who now want to bring action against us. However, the Dept. of Professional Reg. & Licensing did nothing in any form of investigation against Pike Electric or their electrician, but we now have all their names, so we will submit the complaint again, nor would they do anything about Lennar. Mike Morgan has been fighting them for years. We also got wind that CBS in South Carolina was putting some sort of report together, however, we have not heard from them as of yet. I am so sorry you are all having such problems but until class actions lawsuits are put together nothing will be done. I have posted on as many of their stock holders web sites as I have found so far and will continue to do so, I know Lennar is moving closer to Ocala, where we live and I will be in front of any development they start with my warning signs to potential buyers. If my Son in law did not get electrocuted in the home, it would have been the next person who touched anything metal as the entire Home was energized. So if you are having any electrical problems PLEASE PLEASE, get an independent Electrician to do a full inspection. - Donna Garber - mother-in-law of the man that was killed in a Lennar Home Webmaster Note: This family desperately needs help. If you can help them financially with their basic needs of food, clothing and health care, please contact me Mike@DefectiveHomes.org - 772-260-5448

August 3 - Business Week Article - You Call This A Home? - Lennar Corp., another large builder, has drawn scrutiny in South Carolina. Residents of its new Pebble Creek development in North Charleston, such as Bill and Holly Hurley, say they have suffered from light-headedness, lethargy, and depression. Home inspections they commissioned showed unsafe levels of methane gas, which the Hurleys and others fear may be linked to possible soil contamination by a previous land owner. Miami-based Lennar says in a written statement that it "hired a consulting firm before the land was developed and found no evidence of recognized environmental conditions" at that time. Playing down health concerns, Lennar acknowledges that methane has seeped out of "broken sewer pipes and improperly seated toilets," which it says it has now repaired. The ultimate source of the gas hasn't been determined, however. The company has bought back one house as a result of the controversy. Read Full Article - Click Here

July 28 - Website Update - We have seen more than 14,000 visitors to the website during the past 30 days and at current rates we are tracking to surpass the 15,000 mark for August. I still need your help to keep this website live. If you have benefited from this site or find this site helpfully, I need you help. You can help financially by visiting our Help page - Click Here or you can help with your time on the maintenance of this website and our blog - just email me - Mike@DefectiveHomes.org - Also visit our Amazon.com page - Click Here

July 14 - Lennar Employee Sues Lennar - Here is the contents of an email I received regarding a lawsuit filed by a former Lennar employee: "There is a pdf complaint attached that provides a jaw dropping insider look at Lennar's conduct in 05 and 06. The complaint is accurate and well supported. A life-changing injury occurred as a direct result of Lennar's unethical and unlawful conduct. It appears corruption in Lennar was not limited to the local level as first thought. The entire case can be found here: http://www.riverside.courts.ca.gov/ " Joe in California If you would like to just read the Complaint - Click Here The Complaint includes allegations about mishandling of trust funds, steering to Lennar lenders, nondisclosure, harassment, retaliation and much more. It is a great read, and if all is proven true, it is a black scar for Lennar.

June 19 - I deposed Stuart Miller, the CEO of Lennar. Not much information, with most of the key answers being avoided. He like to say "I don't recall" or "I don't have any personal knowledge." What was most amazing, is that this CEO doesn't seem to know what is going on with his company. The questions were broad ranged, and the answers were either evasive, convoluted or there was no answer. It just goes to show how the problems at Lennar with defective homes, homes built in violation of building codes, and customer services problems are not being addressed at the top. And the guy running the company doesn't even know what's going on. I think the most amusing answer was when I asked him if he had ever seen my website. And even after I showed him a print out of my home page, he could not recall. I asked him about his Zero Defect policy and his Everything Included policy, but the answers were just as evasive. It's said when the top guy in a company has no clue what is going on. Here's a man with a law degree and a degree from Harvard. He's either sly as a fox or dumb as a rock. Either way, it should be a scary warning for stockholders and homeowners.

June 7 - Webmaster Note: Here is an email we received from a Lennar Homes owner from South Carolina, Ben Sauls. Ben has been responsible for bringing ABC and NBC into the story, and now it appears he has convinced the South Carolina Law Enforcement Division and the EPA to enter the investigation into Lennar Homes. Here is the email he sent to Francisco Da Costa, another activist that has published dozens of articles about problems with Lennar in California. You can Google "Francisco Da Costa" and find all of his articles. "We have a federal agency involved now, EPA Region IV is coming from Atlanta with an emergency response branch, based on all the data we sent or had sent, they will work in conjunction with the Department of Health and Environmental Control (DHEC). John and I want to thank you guys for all your help, Mike your info and help is tireless and awesome and Francisco you had some great suggestions, and great passion, we look forward to more dialog with you soon." Best Regards, Ben Sauls

May 30 - Lennar Attacks Wall Street - In an attempt to put more pressure on this website, Lennar Corporation deposed Wall Street's top housing analyst, Ivy Zelman of Credit Suisse. Lennar is suing to squash the First Amendment Rights to this website, threatening to take the depositions of more than 20 analysts, hedge fund managers and business publications in an attempt to force the shut this site down. For additional information on Lennar's Wall Street attack Click Here

May 26 - Lennar Homes Leadership Changes - There is a new division president of Lennar Homes. Michael Bottoms is no longer in the position. This comes after a series of stories broadcast by NBC and ABC in South Carolina about dangerous construction of homes in Wescott Plantation. The new division president says bottoms still works for Lennar -- and the numerous complaints did not impact the decision to replace him. He says he will work with home owners to fix the problems.

May 15 - ABC News Update- Former Lennar Homes Employee Speaks Out - He says some of these big builders like Lennar Homes, who he once worked for, cut corners just to meet their quotas. That's because he says it's the number of homes they're after, not the quality. Click Here for story and video - http://www.abcnews4.com

May 12 - Mortgage Issues - If you have had problems with Lennar's UAMC mortgage division, please email me at Mike@DefectiveHomes.org CBS News is interested in this issue, and your input is needed.

May 9 - New Class Action Filed - I just received a copy of the Class Action suit against Lennar filed regarding construction defects in San Francisco. It's a huge document with detailed inspection results that are a variety of problems and defects.

May 7 - ABC News - South Carolina - Use the link below to watch a videos of the ABC and NBC affiliate news reports about Lennar Homes problems in Charleston, SC . . . American Dream - American Nightmare? Click Here

May 5 - Sworn Affidavit - Stuart Miller, Lennar CEO, signed a sworn affidavit stating he does not have customer contact to deal with complaints. Here are two statements in his affidavit. If you have had contact with Stuart Miller or Jonathan Jaffe, please email me at Mike@DefectiveHomes.org

1 - "I do not manage customer complaints and I do not manage the litigation of lawsuits in Florida or elsewhere." (emphasis added)

2 - "I also have NO direct involvement in the handling of alleged construction defect claims or the handling of customer complaints, generally. I do occasionally communicate directly with customers." (emphasis added)

May 1 - Three Cheers for ABC - Good Morning America - GMA did a feature on incompetent inspectors and shoddy workmanship. Finally, the first real national medial coverage . . . but there will be more to come. Make your voice heard . . . share your experiences using this link but make sure you use the CONTRIBUTE button just beneath the Comments area. I suggest filing a comment AND then use the CONTRIBUTE button to share your story with the ABC News Team - http://abcnews.go.com

Here is a an excerpt - "An engineer found more than 25 code violations that the inspector had missed and said the house should be demolished and started over. Daniel never moved in because the house was unfit for occupancy." "I lost everything I ever had and I've lost everything I ever wanted to have and everything I ever tried to have -- before I even had it," Daniel said. "I never spent a night in this house." Your input is needed so please post your comments to ABC News - Make your voice heard . . . share your experiences using this link but make sure you use the CONTRIBUTE button just beneath the Comments area. I suggest filing a comment AND then use the CONTRIBUTE button to share your story with the ABC News Team - http://abcnews.go.com

April 26 - April Health Warning Not True - I just received an email from Cheryl Dunn of the Indian River County Health Department. She states in a letter dated April 18, 2007 - "In summary, the statements made at the public meeting on April 3, 2007 remain the same. The public drinking water in the county and more specifically, Diamond Lakes, is safe to drink." That resolves the previous conflicting reports and comments from residents and a Health Department official I met with.

April 21 - This week was day one of my deposition in the lawsuit Lennar has filed against me. We started off with an argument regarding their "five" attorneys using their Blackberry phones during the deposition. So we called the judge and wasted 45 minutes, before the judge ruled they could only use the Blackberries for emergencies, and he cited specific emergencies. Lennar attorneys thumbed their noses at the judge's order, but that's par for the course. After seven hours, they started asking questions about my businesses not related to the case. And that basically ended day one. In court the judge made a feeble attempt to take control of the case, by ordering my depositon will continue in court, and Saturdays if need be. Unfortunately, we have a judge that allows Lennar's attorneys to lie and twist the facts. It's a shame we can't get a judge that believes in the Constitution and is prepared to uphold the rules and regulations. It's a shame we have a judge that only wants to hear one side of the story. And it's a shame we have a judge that is letting Lennar run his courtroom.
After the day in court yesterday, I decided to discharge my attorneys. In fact, I was prepared to walk away and let Lennar have a default judgment. It's pretty clear this judge is going to rule in their favor, despite the facts. But after a few phone calls from some great people and an offer of financial aid, I decided to continue the battle. Although I cannot accept financial aid from folks through this website, I will continue the battle on my own. In the end, Lennar loses, even if this judge decides he does not have to uphold the Florida Rules of Civil Procedure, his own orders and the Constitution.
I want to thank all of you who have offered your support.

April 17 - Finally, a trial date for the lawsuit Lennar has filed against me to shut down this website. We are on our third judge, but it appears this one means business. He sent out an Order with specific dates, including a trial date for July 9th. Lennar filed their lawsuits in June of 2006, so we are coming up to a year of this. And finally, a judge that is taking control of the case and putting it before a jury.

March 23 -Of all the exciting news in the past several months at no time has the news been so encouraging for all of us especially for homebuyers in Washington State and Texas. Please read the following, and send an email or letter to your State officials. Let them know that you want Housing Lemon Laws in your State to protect you from the home builders delivering defective homes.
In Washington State, a bill that most thought would never see the light of day or at the most only stir-up some excitement among homeowners and consumer groups, now appears on the brink of passage. Senator Weinstein authored SB 5550 that would establish a Homeowner's Bill of Rights. Last week the bill passed the Senate on a 30-19 vote. "The days of 'caveat emptor' are over," said Sen. Brian Weinstein, D-Mercer Island referring to a "buyer-beware" doctrine.
In Texas, ask State lawmakers privately and most will agree that TRCC “Builder Protection Agency was a big mistake and should be abolished. Ask any homeowner who has experienced enduring the punishing so-called dispute resolution process of TRCC and all would agree that the agency should be abolished. Finally in the waning hours of the filing deadline Rep. Rob Eissler surprised everyone by filing HB 3269 that if passed would abolish the TRCC.Perhaps the most exciting Texas bills is the Home Lemon Law Bill (HB 2721) filed by Representative Senfronia Thompson which would require the builder to buy back a home if it is found to be a lemon.

March 22 - Many of you have asked for a legal update regarding the lawsuit Lennar has filed against me. I'm happy to say, everything is going fine. As reported earlier Ralph Nader's Public Citizen Group has filed an Amicus Brief in support of our position, and we have heard from some leading academicians from top universities. We've also heard from the American Association for Justice. And we've been on TV twice, with several stations contacting us for additional informatin. If you have media contacts, please keep us in mind.
In regard to our most recent court proceeding. The judge said he has had triple murder cases move faster than ours. Lennar has been dragging their feet in an attempt to avoid a final verdict in court. Yesterday, we had a two hour meeting with the judge, and it became painfull clear for Lennar's counsel that they were called out by my attorneys as liars.
Lennar continues to stall on providing the damaging documents we need, and they continue to file motions upon motions to run my my legal expenses. Little do they know, I have unlimted resources to battle this war, and we will all have a big win very soon.
Today the judge is going to set deadlines, if the attorneys cannot agree. It is highly unlikely that Lennar's attorneys are going to act professionally and conduct themselves within the Rules of Professional Conduct. I like to analogize this to a game of chess. They've just lost a bishop, and my queen has their rooks in a fork. That comes on top of the loss of three pawns. So far I still have all of my pieces, except the three pawns I spotted them. You've got to make some light of this situation, since it is a classic David versus Goliath fight . . . and I still have my slingshot.
As for the judge. This is the third, and hopefully the final. This guy is Aces. Unlike the first judge, who let Lennar's attorneys get away with whatever they wanted, this judge is in complete control of his courtroom. Please continue to pray for me. Once this case is over, we will be able to expand this site and spend more time helping homeowners.
I want to thank everyone that has sent thank you cards and kind emails of support.

March 21 - WOW - The power of this website is growing faster than we ever anticipated. We are now on pace for more than 20,000 unique and returning visitors this month. That's double what we saw just a few months ago! You can help make this website and even bigger success. If you have media contacts that are interested in the story that will rock the country during the next two years, please let them know about our website and send me their contact info so we can send them a package of information. We now have interest from several media folks and contact considering doing a full feature on the issues!

March 10 - If you've tried being nice with Lennar, and you're not getting anywhere read the following excerpt of an email I received from a home inspector. The lady that sent the email is a Lennar owner. She has major problems. She did it her way. She thought if she was nice to Lennar and the County Inspector, she would get her problems taken care of. I spent a great deal of time with her, but she did not follow my advice. I finally cut off all communication with her. So she is writing the inspector, and it is interesting to read the two areas of the excerpt that I highlighted. Now she is admitting I was right and the sugar way was wrong. Unfortunately, she now has the County against her, so her only way out is to get DBPR to look at the matter from a State level, but that takes 6-12 months. If you try the sugar way with Lennar, you will spend a great deal of time and money. You will destroy your personal lives with stress. And in the end they will beat you to a pulp.

Hope all is well. Would you or Mike be interested what Lennar had to say? Basically they deny yours and Jeff Hooper's reports. . Everything is fine and to Code!! Please let me know, Hopefully I get to meet with you the next time when in Fl. I tried the "Sugar way, "obviously that does not work with Lennar. Mike was correct. Yvonne Martinâs Crossing

March 5 - "Service Blitz" ??? - You've just got to read the letter Lennar sent to homeowners in Diamond Lakes. Keep in mind, they only sent this letter after I became involved and we started inspecting homes. Up until that point, Lennar did the run-around-end-run-around dance with these people. The letter Lennar sent the homeowners states that they are now going to show up and have a "service blitz." That's what happens when I get involved. Lennar did the same thing in Martin's Crossing. Unfortunately, the tent and the food and all the circus atmosphere stuff is meaningless, because Lennar is not fixing the big problems. The owners in Diamond Lakes didn't buy Lennar's ka ka. Read Entire Letter - Click Here