concert golf partners lawsuit

Cases involving employment discrimination (gender, age, religion, etc. (See Doc. 100-2 at 23-24; Doc. A does not disclose to B the fact that no highway is actually planned. Citing to comment l to 551, NPT argues that the Concert Defendants' behavior amounted to swindling. No. In addition, although the Court recognizes the distinction between 550 and 551 (i.e., the language of a party to a transaction versus party to a business transaction), the Court finds that the same reasoning applies here with respect to whether the Ridgewood Defendants were a party to a transaction for purposes of 550-NPT has not identified any transaction to which PCC and the Ridgewood Defendants were both parties. Tom Kubik, the president of Plantation Golf and Country Club, told the Venice Gondolier Sun that inaddition to the reinvestment program, CGP willimmediately redeem all resigned member equity, exchanging current member equity redemption rights for those improvements.The full article about the sale of PGCC is availablehere. No. 35 to Ex. 2003). 149-1 at 204. 100-35, Ex. In Pennsylvania, the elements of fraud must be proven by clear and convincing evidence. See Gnagey Gas & Oil Co., Inc., 82 A.3d at 493, 500 n.4 (noting that the presiding officer found that the Fund presented clear and convincing evidence that Gnagey perpetrated a fraud in concealing the existence of the abandoned tanks and/or misrepresenting the number of tanks at the site and ultimately affirming the presiding officer's holding that the hiding of the tanks constituted fraud); see also SodexoMAGIC, LLC v. Drexel Univ., 24 F.4th 183, 205, 212 (3d Cir. But this is not an enumerated circumstance that gives rise to a duty to disclose under the Restatement. No. (Doc. at 36:2-11.). 100-25, Ex. Nanula estimated that the member vote will be 90%+ in favor. (Id.) b. Last, it provided that at closing, PCC would grant NPT a credit against the purchase price in the amount of $375,000; however, if NPT's costs to construct and install the clubhouse were less than $1.6 million, the purchase price credit would be decreased by one-third. Therefore, based upon your proposal of a 60/40 split of the profits, we propose splitting all due diligence and entitlement costs 60/40 (Concert/RW). (Id. (See, e.g., Doc. Not interested. (Doc. (Id.) 100-5, Ex. [I]f I knew that was his intention I would say I wouldn't - that wouldn't have sat well with me, nor the members of the club.).). No. Attorneys at mctlaw believe you deserve the amount originally and contractually promised when you purchased an equity membership. A.) A (Meyer's December 20, 2016 email to Silverman forwarding NPT's revised proposal, stating, Hot off the press. A: Again, I - I don't - that I can't answer. 2000))); Boardakan Rest. Critically, these allegations involve duties that were outlined in the PSA. . On November 30, 2016, after learning that CGP had an interest in acquiring Philmont Club, Marty Stallone, an Executive Vice President at Metropolitan, sent Nanula the AOS between NPT and PCC, along with the Eighth Amendment. No. 1 to Ex. 2014)); see also id. Fraudulent Concealment and Fraudulent Nondisclosure Claims, In Counts II and III, NPT, as PCC's assignee, asserts fraudulent concealment and fraudulent nondisclosure claims against all Defendants under Restatement (Second) of Torts 550 and 551, alleging that the Concert and Ridgewood Defendants failed to disclose that they were working together and actively concealed their relationship. No. No. In addition, NPT argues that there is a duty to disclose because Defendants were the only source of the information. In re Rumsey Land Company, LLC is instructive as to whether the Ridgewood Defendants were parties to a business transaction under 551. During oral argument, NPT implied that this inconsistency in testimony rendered Meyer not credible. (Doc. Because each of the Defendants' misrepresentations [the plaintiff] claim[ed] induced him to enter into the FFE Agreement [were] incorporated into the FFE agreement, the court held that the gist of the action doctrine barred the fraudulent inducement claims. Because the gist of the action doctrine analysis is dispositive and bars NPT from bringing its fraud claim against the Concert Defendants, the Court does not address the Concert Defendants' other arguments as to why summary judgment is warranted on the fraud claim. M; accord id. ), On August 26, 2021, NPT filed an Amended Complaint. As you also are aware, you have the option under Paragraph 3(b) of the Collateral Assignment Agreement for [NPT] to assign the AOS to NVR, Inc. No. Nanula made the following request: For now, I hope you guys will stand back, profess some concerns about the real estate risks, and just wait to see if I can strike a better deal for all of us here. (Id. ; see also Doc. at 113. 2020-03-13, U.S. District Courts | Civil Right | 100-29, Ex. 124-1 at 11.) . No. 124-1 at 8; Doc. at 97. 124-1 at 8. But see id. 1.) (See Doc. j, illustration 3 (A sells to B a dwelling house, without disclosing to B the fact that the house is riddled with termites. 53 at 53 (Because CGP and Nanula were not parties to the PSA, the integration clause does not apply to them and NPT's fraud claims against them survive the motion to dismiss.)), courts have stated that an individual can be a party to a transaction for purposes of 550 and 551 liability even if they were not a party to the contract itself. Ridgewood appears to argue that Pennsylvania law applies. at 5357.) ), During a mid-January 2017 email exchange with counsel about a draft of the PSA, Nanula wrote that the current Exhibit I cover[ed] the Big 4 of these projects, which included utility infrastructure; pool/porch/patio; locker rooms; and golf course. Under Section 21 of their agreement of sale, NVR was given the option to assign the agreement to a third-party or terminate the agreement and simultaneously execute a substantially identical agreement of sale between PCC and a third-party. No. 100-10, Ex. The Motion by Concert Plantation and PGCC to continue/delay the trial is DENIED. 08-1386, 2018 WL 5033749, at *6 (D.N.J. 100-5, Ex. . Between 500 and 700 resigned members may be part of this class action. A; Doc. . at 17.) 11 to Ex. W at 20:9-21:23; see also id. (If the facts of a particular claim establish that the duty breached is one created by the parties by the terms of their contract . . In In re Rumsey Land Company, LLC, the Tenth Circuit considered whether a 551 fraudulent nondisclosure claim could be brought against a third party in the context of a land sale. No. Pa. 1996) and In re Westinghouse Sec. No. 100-5, Ex. ), On December 20, NPT sent Meyer a revised proposal to buy the Property. (Doc. Rumsey Land Company (Rumsey) owned a property, and when Rumsey filed for bankruptcy, Resource Land Holdings, LLC (RLH) offered to purchase the property. In sum, because the representations concerning capital improvements that Plaintiff alleges fraudulently induced PCC to enter into the PSA were ultimately incorporated into the PSA, NPT's fraud claim sounds in contract, not tort, and is barred by the gist of the action doctrine. (Doc. ), Meyer testified that the Philmont that was sold to Concert Golf and the Philmont that exists today are two drastically different entities that has [sic] disrupted, you know, in my view the lives of all of its prior members. (Doc. Public Records Policy. ), 3. The Court also dismissed the civil conspiracy claim because NPT failed to plead actual malice. Ruling favors golf club in lawsuit filed by former members No. It is clear that NPT believes it has been wronged. No. N.), D. CGP Expresses Interest in a Potential Transaction with PCC, Meanwhile, on August 30, 2016, Philmont Club member David Fields had a phone call with Nanula, the sole member of CGP. 100-5, Ex. The mere fact that Ridgewood showed interest in making an offer to PCC and followed up with telephone calls does not mean that they were parties to a transaction, whether business-related or not. This field is for validation purposes and should be left unchanged. PCC's property included two 18-hole golf courses (the North Course and the South Course), which spanned approximately 296 acres of land. No. Plotnick testified that he spoke with Meyer that same day and that Meyer told him PCC was under contract to sell the Property. See Toledo Mack Sales & Serv., Inc., 530 F.3d at 229; eToll, Inc., 811 A.2d at 14 (cleaned up); see also Bruno v. Erie Ins. 100-29, Ex. And NPT has made quite clear that it is pursuing a fraudulent nondisclosure claim based on the Restatement (Second) of Torts 551. (See Doc. P.) The following day, on December 1, Stallone sent Nanula the draft of the text amendment he presented to Lower Moreland Township's Board of Supervisors at its September meeting related to zoning. (Doc. 38 to Ex. There, the court held that the defendant, Gnagey, actively concealed eight abandoned tanks from the plaintiff, the Fund, which provided coverage to storage tank owners. A (said email exchange).) Because NPT was unable to terminate the AOS with PCC without NVR's written consent, it asked NVR to determine whether it would consent or whether it would prefer for NPT to assign the AOS to NVR. Ins. A (December 20, 2016 email from Meyer to Silverman, forwarding NPT's revised proposal and stating, Hot off the press. We disagree. (emphasis added). (Id. Summary judgment is appropriate if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. Fed.R.Civ.P. A: [I]f I knew that that was his intention . No. (Id.) In addition, when Gnagey provided a site characterization report and remedial action plan to the Fund, it failed to describe or depict the eight abandoned tanks, rendering the report inaccurate under the Pennsylvania Department of Environmental Protection's regulations. If you would like the costs split 50/50, we would request a 50/50 profit split as well[.]).) ), Philmont independently of Concert . In other words, CGP would not be purchasing Philmont Club directly. No. But it did not. ), NPT. No. 116-16) pertaining to capital improvements and appears entirely unrelated to trying to hide or deceive PCC as to CGP and Ridgewood's relationship); Doc. at 683; see also Plexicoat Am., LLC, 9 F.Supp.3d at 48889 (holding that the gist of the action doctrine barred two of the plaintiff's fraud in the inducement claims where the plaintiff alleged that the defendant represented it was ready, willing and able to comply with the terms and conditions set forth in the Agreement and that it would utilize its national sales and marketing team and programs to promote, market and advertise the sale of Plaintiff's products as because those statements were clearly enshrined in the Agreement, which provided that the defendants would use commercially reasonable effort' to promote and sell the Products and generate a minimum amount of sales); First United Bank & Tr., 667 F.Supp.2d at 451 (concluding that the gist of the action doctrine barred the fraudulent inducement claims where [i]t [was] clear that the[] representations and duties detailed in the Master Agreement concern[ed] the same facts and circumstances that [the plaintiff] now alleges were misrepresented in order to induce it to enter the Master Agreement and emphasizing that the subject representations made during negotiations foreshadowed contractual duties and subsequently ripened into contractual provisions such that the duties allegedly breached were grounded in the contract itself); CRS Auto Parts, Inc., 645 F.Supp.2d at 380 (finding that the gist of the action doctrine barred the plaintiff's fraud claim in part because [a]ny contractual statements by Turley concerned coverage duties that were later outlined in the written insurance policy). Lake Mary, FL and Santa Monica, CA April 21, 2022 Concert Golf Partners (Concert Golf, CGP or the Company) announced today that it has received an investment from Clearlake Capital Group, L.P. (together with its affiliates, Clearlake). 100-35 at 56-57.) 116-10, Ex. Scrape $2.5m here.').) 1 at 177-85.) (See Doc. 5 to Ex. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, NPT relies on the evidence of disgruntled members to support its contention that Ridgewood and CGP's relationship was material. 116-14, Ex. No. Federal courts applying Pennsylvania law have agreed with the impropriety of summary judgment in such a situation. Silverman explained that it would be easier to provide a summary of the current real estate deal with NPT verbally as [PCC was] in the process of receiving an amendment to the [AOS] that will better clarify the details. (Id.) A; see also Doc. . The case status is Not Classified By Court. No. A: It - it might have. (Id. (Id.) ), F. PCC Engages in Separate Discussions with NPT, Ridgewood, and CGP About Selling the Property and/or Philmont Club, After NPT terminated the AOS on September 26, PCC had separate discussions with NPT, Ridgewood, and CGP about potential deals. T.) NPT's revised proposal included a chart comparing NPT/Metropolitan's proposals side-by-side to CGP's proposal. He wanted to explore how we could give the club 100% of all our real estate proceeds . We are taking the risk in this scenario, not the club.); accord id., Ex. No. CC; Doc. Next, we dismissed the antitrust claims because NPT failed to establish an unreasonable restraint of trade. (Id. Nanula also stated that he would work on a preliminary proposal to share [that] week. (Id.) When asked whether he, on behalf of PCC, decided to move forward with the transaction anyway, Meyer testified, [W]e were in a position of weakness, so we didn't really have a whole lot of room to negotiate. (Id. No. Nanula told Meyer no; about $5m is all we could afford to plow back, given that CGP is taking the risk in this scenario, not the club. (Id.) 125-5, Ex. (See id. No. (Doc. 2:19-CV-04540 | 2019-10-01, U.S. District Courts | Labor | W at 54:10-22 (Q: . Credibility determinations, the weighing of evidence, and the drawing of legitimate inferences from those facts are matters left to the jury. LLC v. Gordon Grp. And although there was a mass exodus of members from the club, Meyer's testimony is that the membership changed so drastically because of the way Concert ran the club and because CGP did not act in accordance with what [it] said [it] was going to do-not because CGP used Ridgewood as the developer or because Ridgewood received a significant return. (Doc. NORTH PENN TOWNS, LP, directly and as assignee of Philmont Country Club, Plaintiff, v. CONCERT GOLF PARTNERS, LLC, et al., Defendants. Here, NPT alleges that the Concert Defendants fraudulently induced PCC to enter into the PSA by falsely representing to PCC during negotiations that it would engage in certain capital improvement projects and that it would make $4 million in initial capital improvements upon acquiring PCC and another $5 million in capital improvements upon the sale of the Property. However, the amount of money the club saves from lowering refund amounts greatly outweighs the amount they have to pay in a few lawsuits over the refunds. According to Meyer, Brown Golf Management both own[ed] clubs and served[d] as a management company for clubs across the country, and PCC had roughly a two-year relationship with them. (Doc. Ins. Judgment will be entered against a party who fails to sufficiently establish any element essential to that party's case and who bears the ultimate burden of proof at trial. 100-5, Ex. 100-5, Ex. See Malone v. Weiss, Civil Action No. CONCERT PHILMONT, LLC doing business as PHILMONT COUNTRY CLUB, 3331 Street Road, Two Greenwood Square, Suite 128, 3331 Street Road, Two Greenwood Square, S/128, Docket(#3) WAIVER OF SERVICE Returned Executed by JAMES STEVENS. . 59 at 26-27 (Count I).) The Class serves the report of its expert Chris Foux regarding how much The Class is owed. (Id. No. 101-1 at 11.) (See, e.g., 123-5, Ex. Restatement (Second) of Torts 550 (stating that one party to a transaction is subject to liability if he conceals or intentionally prevents the other party from acquiring material information); Restatement (Second) of Torts 551 (explaining that one party to a business transaction is under a duty to exercise reasonable care to disclose to the other before the transaction is consummated in certain circumstances); accord LEM 2Q, LLC v. Guaranty Nat'l Title Co., 144 A.3d 174, 182 (Pa. Super. Next, the Concert Defendants argue that summary judgment is appropriate on NPT's 551 fraudulent nondisclosure claim because they did not owe PCC a duty to speak. NPT must set forth more than a mere scintilla of evidence to survive summary judgment, and it has not. 2022) (holding that the evidence produced by [the plaintiff] would allow a reasonable jury the option of concluding by clear and convincing evidence that Drexel misrepresented or concealed its own projections for student enrollment). at 284:7-19; see also id. No. (Id.) Meyer also testified that he did not believe the Concert Defendants necessarily acted in accordance with what they said they were going to do. (Id. (We would like for everything to be pro rata. A.) A: Well, you know, because we - we wanted to be out of the club business so, you know, if we received one offer where we were going to have an operator versus another offer that was just for real estate deal there may have been some concerns about, you know, continuing to having [sic] to operate the club.). Civil Action 19-4540-KSM (E.D. 100-8, Ex. (See Doc. July 18, 2014) (The New Jersey Supreme Court has held that proof of actual damages is not necessary to survive summary judgment on a breach of contract claim: the general rule is that whenever there is a breach of contract . No. Undoubtedly, the record shows that Nanula and CGP were heavily involved in the negotiations for the transaction. Concert Golf Partners inherited the suit when it purchased the club in January 2019. 59 at 27-32.). Shortly after the AOS was executed, however, NPT learned that a 2014 zoning change meant the Property could only yield 105 units by-right. (Doc. Approximately two-and-a-half years later, on September 18, 2019, as part of the settlement, NPT and PCC entered into a Limited Assignment of Claims Agreement. No. No. 149-1 at 63; Doc. 100-28, Ex. A: Potentially . (See Doc. Corp. USA, Inc. v. Am. (Our proposal guarantees you all of the money that is currently at risk in the existing Center [sic] Golf offer.). 21 to Ex. D at 27:21-29:16.) 173.) O.) Plaintiff North Penn Towns, L.P. (NPT), as assignee of Philmont Country Club (PCC), has sued Concert Golf Partners, LLC (CGP) and Peter Nanula (the However, even applying that rule in this context, the Court finds that here, the omitted information is so obviously unimportant that reasonable minds could not differ on its materiality. 100-8, Ex. Pennsylvania. if, but only if, he is under a duty to the other to exercise reasonable care to disclose the matter in question. Restatement (Second) of Torts 551; see also Gnagey Gas & Oil Co., Inc. v. Pa. No. No. 16 (October 19, 2018 resignation email from Mitch Russell, stating, There is no regard for the agreement between Philmont and Concert golf [sic] and I will clearly go on the record of saying Concert stole Philmont and to date has yet to live up to any of the declarations in the agreement . F at 9:4-7 (Nanula's testimony that CGP is a private club hospitality firm); id. Full title:NORTH PENN TOWNS, LP, directly and as assignee of Philmont Country Club, Court:United States District Court, E.D. See Wen, 117 F.Supp.3d at 683. The illustrations to the comment make clear that a fact can be important and still not go to the essence of the transaction-and therefore would not constitute a basic fact giving rise to a duty to disclose. NN at 267:21-268:1. at 50-53.) It will be paid in installments as summarized below but 100% of the money is guaranteed with no contingencies on Township approvals or environmental issues. Last day for PGCC and Concert to reply to the Motion for Rehearing filed by The Class. The Country Club sold to Concert Golf Partners, a company that owns and operates 19 upscale private clubs. Along with the sale came a plan to recapitalize. ), L. Meyer and Silverman Later Learn About CGP and Nanula's Discussions and Are Disconcerted, Meyer did not learn that CGP and Ridgewood had been working together until after the sale. No. They are not putting up any real capital at all here, and asked Cicero for his thoughts. was basic to the transaction. (See Doc. ), Ridgewood. at 70-71. 140-1 at 49. ), On November 1, 2016, Nanula provided PCC with a formal written proposal for CGP's purchase of Philmont Club and the Property. Concert Golf Partners will not require residents to be club members. There is no evidence that PCC seriously considered NPT's revised proposal, which outlined two different options. No. 1. No. (See Doc. Silverman also testified that Nanula wasn't being very honest with us and stated he does not like doing deals with people that aren't honest. (Id. 116 at 28-19 (Ridgewood and CGP also had a duty to disclose their relationship because disclosure was necessary to prevent Ridgewood's backing out of its promise to make an offer to [PCC] from being misleading.).) Plaintiff North Penn Towns, L.P. (NPT), as assignee of Philmont Country Club (PCC), has sued Concert Golf Partners, LLC (CGP) and Peter Nanula (the Concert Defendants) and Ridgewood Real Estate Partners, LLC (Ridgewood), Jonathan Grebow, and Michael Plotnick (the Ridgewood Defendants) (collectively, Defendants) for fraud, fraudulent nondisclosure, and fraudulent concealment under Restatement (Second) of Torts 550 and 551, aiding and abetting fraud, and breach of contract. Plotnick also suggested that Nanula get feedback from Meyer and PCC's Board before putting their agreement in writing. ), to Plotnick's knowledge, there were no governmental approvals issued, or even applied for, that would permit the development of the Property with 160 or more units as of that date (see Doc. The Class files additional arguments explaining why the Receipt and Releases were never valid. at 35:19-36:9 (Q: [I]f you had known that Ridgewood and Concert, Concert Golf had cut a deal to work together, would it have changed your perspective on the offer that Concert Golf made? No. (So it seemed to me that this wasn't something that we might want to continue on down the road with.). No. Nonetheless, even finding that Concert Defendants actively concealed their relationship, there is no evidence that this relationship was material information that deceived PCC into entering into the PSA. (Id. ), filed by JAMES STEVENS. then the claim is to be viewed as one for breach of contract. To get in contact, fill out the form below, or call 888.952.5242. Whether the Concert Defendants were parties to a transaction with PCC for purposes of 550 and 551 is a closer call. Where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party, there is no genuine issue for trial. ), Ridgewood Philmont, LLC is a special-purpose entity created by Ridgewood for the sole purpose of entering into the DSA with Concert Philmont. (See Doc. Ct. 2002)). Landsberg lodged a similar complaint. A ([T]he minimum Purchase Price will be no less than the product of $73,308.64 multiplied by 150 or Eleven Million, Two Hundred Ninety-Six Thousand, Two Hundred Ninety-Six and no/100 Dollars ($11,296,296) irrespective of Unit yield[.]).) (See Doc. (See Doc. (stating that under NPT/Metropolitan's proposal, NPT/Metropolitan would only purchase 9 holes and PCC would retain ownership and control of EVERYTHING else, whereas CGP's proposal involved total sale of all land and assets of the club pursuant to which PCC would abdicate[] club control to CGP).) So, the country club chose profit over people. Co., 920 F.Supp. No. Stallone, who knew of CGP's proposal, responded by comparing NPT's offer of a guaranteed $5 million for the Property to CGP's proposal: [I]f the club accepts the offer on the table from Center [sic] Golf, it only gets $5 million for the same land and that $5 million is at risk with contingencies. (Id. . All of these ball drops' as Peter Nanula would refer to them, along with the disregard to the contract (60 Acres of Land vs 80, Modern Clubhouse Standards, Outings during off-peak times, and $5M of improvements [I'd be shocked if half of that was spent with the patchwork that has been done to date]) have brought me to my decision [to resign]. (emphasis added)); id. However, Meyer also testified had he known that Nanula was speaking with another potential buyer to not continue to approach PCC, that information would have been disconcerting to him. A (agreement between NPT and PCC, stating that the land to be sold is comprised of approximately 61.60 gross acres); id., Ex. ), On September 9, two days after the meeting, counsel circulated a proposed Seventh Amendment to the AOS, which included purchase price adjustments. See In re Westinghouse Sec. Case Summary. Not interested).). Those cases arose in different contexts. 125-4, Ex. Nos. (Id.) at 34; accord Doc. That is not what this Court held. Concert Plantation & PGCC file a Motion to Continue/Delay the hearing on the Motion for Partial Summary Judgment as well as the Trial. (KARPF, ARI) (Entered: 12/31/2018). ), Meyer testified that the Concert Defendants had discretion as to do what they wished as to the four general areas of capital improvements discussed and that the Concert Defendants did everything that was discussed. (See Doc. MM at 187:23-188:1.) Meyer was also a Certified Public Accountant and a Certified Financial Planner. (Doc. NPT also cites Meyer's testimony that certain information would not have sat well with [him], nor the members of the club. (Doc. Although the dictionary gives as an example a party to the contract,' the Court does not consider that to be the universe of parties who can take part in a transaction. (quoting Black's Law Dictionary 1297 (10th ed. No. 100-5, Ex. 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To plead actual malice comparing NPT/Metropolitan 's proposals side-by-side to CGP 's proposal not enumerated. Judgment, and asked Cicero for his thoughts over people Second ) of Torts 551 the club... Is instructive as to whether the Concert Defendants necessarily acted in accordance with what they said they going... Pennsylvania law have agreed with the sale came a plan to recapitalize give the club 100 % of our! Other words, CGP would not be purchasing Philmont club directly ( would. Filed by former members no the antitrust claims because NPT failed to establish an unreasonable restraint trade. On August 26, 2021, NPT argues that the member vote will be %... To me that this inconsistency in testimony rendered Meyer not credible circumstance that gives rise to a transaction.... ). ). ). ). ). ) )... ] week the club 100 % of all our real estate proceeds B the fact that no is... Been wronged out the form below, or concert golf partners lawsuit 888.952.5242 of fraud must be proven by clear and evidence...
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