concert golf partners lawsuitconcert golf partners lawsuit

100-5, Ex. 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. Benjamin Christian practices in the Firms appellate law group. Accordingly, we affirm the District Court's denial of the motion for summary judgment as to the breach of contract claim. (cleaned up)); Stevenson v. Env't Servs., Inc. v. Diversified Royalty Corp., Civil No. (Doc. In Duquesne Light Co., the Third Circuit specifically enumerated the five circumstances in which a duty to speak arises under 551 (which again does not include the only source of information to the other party prong). No. And the only two cases cited by Plaintiff and Defendants are not particularly analogous. 100-29, Ex. 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. (Id.) NPT follows this by saying, There is no dispute that the Defendants did not disclose their relationship or [sic] working together to Philmont NPC. (Doc. (Id. . (Doc. (Doc. In so arguing, NPT misconstrues the Court's prior ruling at the motion to dismiss stage. (ahf) (Entered: 12/31/2018), Summons Issued as to CONCERT GOLF PARTNERS, CONCERT PHILMONT, LLC. Deposition of Class Representative P. McGowan, Deposition of former PGCC Club Manager J. Leinaweaver. Their group is an all-cash investor in 100-5, Ex. A: Again, I - I don't - that I can't answer. A comment to 551(e) provides: In the Court's prior Memorandum, the Court ruled on whether Defendants owed PCC a duty to disclose and, in particular, whether Ridgewood and CGP's relationship was basic to the transaction. Meyer was also a Certified Public Accountant and a Certified Financial Planner. He alleges only the failure to disclose. (quoting Colton, 231 F.3d at 898)). A.) No. ), Meanwhile, on January 23, CGP incorporated Concert Philmont and Concert Philmont Properties as single purpose entities to be the purchasers. As Jonathan mentioned, we very much intend to put a proposal in front of you, that at the least, we hope will open the stage for further discussion); Doc. 2:22-CV-00358 | 2022-01-27, U.S. District Courts | Civil Right | 53 at 26-29 (discussing gist of the action doctrine) with id. 116 at 28 (Rather, the Defendants were the only source of the information that they were working together behind [PCC's] back to acquire Philmont Club at a cut rate price. In light of Nanula's suggestion that they split the profits 60-40, Plotnick proposed that Ridgewood and CGP also split the due diligence and entitlement costs pro rata, or 60-40. No. The only duty that defendants allegedly breached involved a breach of a duty enshrined in the Purchase Agreement-namely, the non-compete clause.); see also Shoemaker v. HedgeCoVest LLC, Civ. Those eligible for the class action lawsuit include all individuals (or their guardians or estate representatives) who resigned their equity memberships before January 1, 2016, and have not received their full refund amount. the capital investments being implemented with regard to the two required capital phases under our Agreement of Sale . The proposed Seventh Amendment was not executed. 116-4, Ex. We disagree. Applying New Jersey law, courts in this district have allowed breach of contract claims to proceed despite proof of actual damages. (quoting Nappe v. Anschelewitz, Barr, Ansell & Bonnello, 477 A.2d 1224 (N.J. 1984)); Norfolk S. Ry. The new amount is a fraction of the refund resigned members are entitled to at the time of resignation. 124-1 at 7. 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. Pa. 2013) (Haywood's motion for summary judgment must, therefore, be denied because the University, if it proves the other elements of a claim for breach of contract, may be entitled to nominal damages.). (Id.) 5 to Ex. (I assume that the first $5MM or some negotiated portion of that money committed as additional CapX spend will probably satisfy the members.). No. Plotnick also requested that Meyer share with him information about the Property and Philmont Club's financials. No. Updated: Feb 28, 2023 / 05:11 PM EST. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, NPT opposes the motions. This case was filed in U.S. District Courts, Florida 14 to Ex. Sections 5.5(h) and 5.5(k) of the PSA provide (1) Concert Philmont LLC will cause to be completed, and pay the costs of completion of, the [Initial Capital Projects] currently estimated by the Parties to cost approximately FOUR MILLION AND NO/100 DOLLARS and (2) Concert Philmont LLC will cause to be completed, and pay the costs of completion of, the Phase II Capital Projects currently estimated by the parties to cost approximately FIVE MILLION AND NO/00 DOLLARS. (Doc. 125-14, 173.) (Doc. (Id.) Absent a viable claim of fraud, the Foundation could not have aided and abetted any tort.). No. Wen v. Willis is illustrative. 116-13, Ex. No. No. (Id. 2:11-cv-1588-TFM, 2014 WL 2808097, at *19-20 (W.D. 1. No. at 682. No. An ad blocker has A (September 28, 2016 email from Michael Tulio, then-Vice President of Land Acquisition at Metropolitan, stating, I'm willing to post a deposit of 750K to show our commitment and when the zoning portion is approved and the appeal period passes I will release to the club 375K, then after the Environmental release the balance making it fully non refundable and for the club to use as they see fit. 59 at 26-27 (Count I).) . Those cases arose in different contexts. NPT continued, In an effort to amend the LPA, you had a telephone conversation with Marty Stallone wherein you advised Marty that the two sides were far apart and we should provide notice of our intent to terminate the AOS with the Seller. (Id.) Section 550 applies to fraudulent concealment claims (i.e., active concealment), while Section 551 applies to fraudulent nondisclosure claims (i.e., mere silence). 11-5676, 2015 WL 4597970, at *11 (E.D. . North Penn Towns LP v. Concert Golf Partners LLC, et al, PIERRE, BELLANDE V CONCERT INDIAN SPRING LLC, NORTH PENN TOWNS, LP v. CONCERT GOLF PARTNERS, LLC et al, Golladay v. Ryman Construction, Inc. et al, Acosta v. Texas Department of Criminal Justice. No. No. 100-5, Ex. . Co., 645 F.Supp.2d 354, 377-78 (E.D. was basic to the transaction. (See Doc. . The second situation occurs when the defendant successfully prevents the plaintiff from making an investigation that he would otherwise have made, and which, if made, would have disclosed the facts; or when the defendant frustrates the investigation. Id., cmt. No. ), This is consistent with Meyer's 2021 testimony that Ridgewood informally offered $5 million for the Property. 173.) W at 113:4-9 (Q: When did you first learn that Ridgewood had become involved with Concert Golf? 125-1 at 76 (Nanula gave Meyer his preliminary thoughts on a proposed transaction); id. (Id. Indus. with Doc. at 98.) NORTH PENN TOWNS, LP, directly and as assignee of Philmont Country Club, Plaintiff, v. CONCERT GOLF PARTNERS, LLC, et al., Defendants. Meyer responded, Marty [Stallone] seems like a good guy but that's your call. (Id. Public Records Policy. According to Plotnick, Meyer told him the due diligence period was about to expire and PCC was not willing to extend the due diligence period again. 149-1 at 20.) On 06/06/2016 Polge filed a Civil Right - Employment Discrimination lawsuit against Concert Golf Partners, LLC. at 501-02 (quoting Colton, 231 F.3d at 58 898-99). 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. No. [A]: I'm not sure whether there is a case that talks about two companies cannot do that.).). . ), The Phase II Capital Projects were subject to change arising from consultation with the new Club Advisory Board; New club member surveys; input and recommendations by [Concert Philmont's] operating consultants and experts; and Concert Philmont's refinement of the scope of such items after closing, at its discretion. 18 to Ex. Thus, the Court grants the Ridgewood Defendants' motion for summary judgment as to the 550 claim. The Class serves the report of its expert Chris Foux regarding how much The Class is owed. Was thrilled that there were going to be one owner who wanted to integrated homes into club. No. 37 to Ex. 100, 101.) 173)-notwithstanding the fact that he had told Ridgewood that he was ready to paper [their] deal the week prior (Doc. X, 45:23-47:2, 65:20-66:21; Ex. No. W at 117:17-118:9.). Nos. (September 17, 2018 resignation email from Scott Landsberg, stating The primary motivation behind my resignation has been Concert Golf's refusal to respond to my repeated requests (i) to confirm in writing . . W 54:10-54:22 (Q: [I]f you knew that Mr. Nanula was promising to spend $5 million . No. 1996) (citation omitted). Under the DSA, Ridgewood Philmont is paid a management fee for providing development services. M; accord id. PCC's property included two 18-hole golf courses (the North Course and the South Course), which spanned approximately 296 acres of land. The next day, September 20, Moran provided Nanula with a preliminary analysis of Philmont Club's finances, and Nanula replied, E. Ridgewood's Interest in a Potential Transaction, In September 2016, Plotnick, then-Vice President of Ridgewood, a developer, attended an industry conference in Texas, where he met PCC's golf management consultant, John Brown of Brown Golf Management. PCC was in a distressed financial situation and decided to sell a portion of its property (the Property) for residential development. Because the Concert Defendants did not owe PCC a duty of disclosure under any of the circumstances enumerated in the Restatement (Second) of Torts 551(2)(a)-(e), the Court grants the Concert Defendants' summary judgment motion as to NPT's 551 fraudulent nondisclosure claim. 149-1 at 158; Doc. However, according to Meyer, the improvements were not made in the manner PCC would have liked them to be made; he stated that everything they have done has been, you know, not first rate. (See Doc. (Doc. No. As Jonathan mentioned, we very much intend to put a proposal in front of you, that at the least, we hope will open the stage for further discussion. (Doc. 100-5, Ex. (See Doc. W at 54:10-22 (Q: . and then Concert told Ridgewood to stay down, therefore, not to have potentially two people interested in Philmont, that would have changed [his] opinion of the transaction. Mindful that is not dispositive, see id., cmt. U at 62:16-63:19.) 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. ), In May 2015, PCC agreed to sell the Property to NVR, Inc., a homebuilder. ), After Meyer reviewed CGP's proposal, he responded, I thought upon closing the real estate transaction we would have the full proceeds of the sale available towards capital improvements but I'm only seeing $5M listed. (Doc. . Those who do decide to join with be charged lower club fees, such as $12,550 per couple for golf, roughly half the amount now charged. Meyer testified that he told Nanula he understood Nanula's rationale. Once the moving party has met its burden, the nonmoving party must counter with specific facts showing that there is a genuine issue for trial. Matsushita Elec. 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. Rostholder v. Omnicare, Inc., 2012 WL 3399789, at *14 n.18 (D. Md. (KARPF, ARI) (Entered: 12/31/2018). Concert Golf Partners is a well-capitalized owner-operator of golf properties nationwide. (See Doc. 100-5, Ex. Nanula testified that he chose to work with Ridgewood instead of NPT because he had found out that some of NPT's principals had criminal convictions and CGP tends to avoid people with criminal records in [its] business dealings. (Doc. No. 116 at 29 (citing Ex. 149-1 at 131. CONCERT GOLF PARTNERS waiver sent on 12/31/2018, answer due 3/1/2019; CONCERT PHILMONT, LLC waiver sent on 12/31/2018, answer due 3/1/2019. at 45:23-47:2. (See Doc. ), In a February 16, 2017 email from Nanula to Moran, Nanula described the waterfall/CGP's agreement with Ridgewood as follows: (1) Repay $1m entitle[ment] costs to each, 60-40; (2) Next $7m to CGP for land.' 100-5, Ex. At no point did Ridgewood formally offer to purchase the Property or any portion thereof. (See Doc. . Founded Date 1986. However, the Court dismissed the only cause of action asserted against those entities-civil conspiracy, so they are no longer Defendants in this action. 100-28, Ex. On March 3, 2017, NPT initiated a lawsuit against CGP and PCC in the Montgomery County Pennsylvania Court of Common Pleas (Case No. W at 68:1-2 & Doc. No. A; see also Doc. 101-1 at 17 (citing case applying Pennsylvania law).) No. Id. ' Toledo Mack Sales & Serv., Inc. v. Mack Trucks, Inc., 530 F.3d 204, 229 (3d Cir. (Id. . 124-1 at 11-12. 149-1 at 47. at 77 (describing [t]he financial components of CGP's proposal); id. A: . Id. No. Final Judgment entered in favor of PGCC and Concert Plantation. 116, 117.) InterVest, Inc. v. Bloomberg, L.P., 340 F.3d 144, 159-60 (3d Cir. However, the Court permitted the fraud claim against CGP and Nanula to proceed to the extent it was based on the representation that they would spend $5 million in capital improvements. A: I would say not necessarily. No. 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. Plotnick and Meyer spoke on the phone on October 5, October 10, and October 13. (See Doc. at 283:14-284:6 (explaining that at the meeting, they discussed an amendment to the AOS and it became clear to [him] through the actions of Mr. Tulio that NPT and NVR were not getting along very well and there was some indication both at that meeting and therefore that the relationship between those two entities was going to be terminated).) Nanula responded, Yes, but this firm is in advanced talks with club president about buying this 35 acre parcel from the club . 101-1 at 11.) Judge removes the case from the June 2022 trial docket. . at 35-47.). 3 to Ex. 1491 at 53; Doc. (Doc. 100-10, Ex. 124-1 at 48-50. No. W at 27:1-10, 35:18-36:11, 46:4-8. (Id.) 125-4, Ex. Like their neighbors, several Concert Golf Partners employees experienced damage to their homes and their hardship did not go unnoticed. 116-19 (resignation emails); Doc. (Id.) 125-3, Ex. Next, we dismissed the antitrust claims because NPT failed to establish an unreasonable restraint of trade. Nanula wrote, If so, great - we will move ahead on our club deal, and start working with you on the real estate deal. (Id.) 16 to Ex. 5:23-CV-00394 | 2023-01-31, U.S. District Courts | Civil Right | Recently paid refunds are NOWHERE NEAR the originally promised 80%. See Schutter, 2008 WL 2502132, at *2, *6-7 (granting summary judgment on fraudulent omission claim under 551 and holding that a hostel's bed capacity was not basic to the transaction, even though the plaintiff only purchased the hostel based on his understanding that the hostel had a 70-bed capacity and sought to cancel the agreement of sale after learning that the hostel's bed capacity was in fact only 54 beds). MM at 149:22-150:4.) At bottom, aside from Ridgewood's initial interest in making an offer to purchase a portion of the Property or the entire club, NPT has not identified- let alone pointed to any evidence of-any interaction that PCC had with Ridgewood that would constitute a business transaction. A (September 23, 2016 email from Plotnick to Meyer about wanting to discuss a potential relationship at Philmont); Doc. ), Meyer is a financial planning and investment advisor. No. 5 (September 16, 2014 email in which Nanula wrote, Spoke to Glenn Meyer. No. (Id.) As to fraud, the Court found that the fully integrated PSA did not prevent NPT, as assignee, from asserting fraud claims against CGP and Nanula, as CGP and Nanula were not parties to the PSA; the Court was unpersuaded by Defendants' argument that general agency principles dictated otherwise. Pa. Oct. 11, 2017) ([I]t is generally inappropriate for a court to grant summary judgment based solely on a failure to prove damages flowing from a demonstrated breach of contract.); see also Interlink Grp. Ins. A; Doc. ), 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. 100-28, Ex. Celotex, 477 U.S. at 323. The first occurs when the defendant actively conceals a defect or other disadvantage in something that he is offering for sale to another. Id. Viewing the facts in the light most favorable to NPT, the Court cannot find that there is no material dispute of fact as to whether Nanula and CGP are parties to the transaction for the purposes of 550 and 551. No. Nanula ran Arnold Palmer Golf Management before starting Concert Golf. 100-5, Ex. A.) On September 10, Silverman provided Nanula with the requested information and noted that [t]he real estate deal [was] with NVR, Inc. not Toll Brothers. (Doc. 100-28, Ex. A.) at 42:2 7.) A. . No. 125-4, Ex. 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). ), Ridgewood Philmont, LLC is a special-purpose entity created by Ridgewood for the sole purpose of entering into the DSA with Concert Philmont. almost needs to be all redone again. Where, as here, the precontractual statements that form the basis for the fraudulent inducement claim concern specific duties that are later outlined in the contract, courts in this Circuit routinely dismiss the claims as sounding in contract and thus barred by the gist of the action doctrine. the club still may have moved forward given the situation it was in. (Id. No. No. 6:18-CV-01685 | 2018-10-09, U.S. District Courts | Other | (Id.) Last, the Concert Defendants argue that summary judgment should be entered on NPT's 550 fraudulent concealment claim because NPT has no evidence that CGP or Nanula intentionally concealed a material fact from [PCC]. (Doc. (See, e.g., Doc. PCC did not suggest any capital improvements be made different from those described in the November 1 proposal. 116-8, Ex. 100-5, Ex. No. 16 at 4-5 (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 . No. 100-29, Ex. 100-18, Ex. No. M.) The proposed Ninth Amendment had the same purchase price adjustment provisions as the proposed Seventh Amendment (which was not executed). Aug. 14, 2012) ([C]ommon-law fraud includes acts taken to conceal, create a false impression, mislead, or otherwise deceive in order to prevent the other party from acquiring material information. No. 100-5, Ex. No. 100-2 at 8-22.) at 62:16-64:3 (explaining that CGP buys and manages country clubs but that technically each country club is owned by an individual singlepurpose entity); see also Doc. ), At the suggestion of PCC, the Concert Defendants also had brief communications with developer, NPT/Metropolitan, around this same time frame. Fraudulent concealment is characterized by deceptive acts or contrivances intended to hide information, mislead, avoid suspicion, or prevent further inquiry into a material matter. Gnagey Gas & Oil Co., 82 A.3d at 501 (quoting Colton, 231 F.3d at 898-99); see also Id. by concealment or other action intentionally prevents the other from acquiring material information. Restatement (Second) of Torts 550. No. 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. No. Cancellation and Refund Policy, Privacy Policy, and X at 65:20-66:21. (Doc. No. No. In addition, NPT argues that there is a duty to disclose because Defendants were the only source of the information. (See id. Pennsylvania has adopted the Restatement (Second) of Torts 550, which imposes liability for intentional concealment of material information regardless of a duty to disclose.). (Doc. 100-18, Ex. Co. v. Coutu, Case No. at 503. ), Nanula had previously spoken to Glenn Meyer about a potential deal in 2014. That's because she No. Silverman's testimony that he would not have voted to approve the PSA had he known of Ridgewood and CGP's relationship may show that that fact is important and Silverman wished he had known it, but it does not show that the fact is basic to the transaction. Ideal Dairy Farms, Inc. v. John Labatt, Ltd., 90 F.3d 737, 744 (3d Cir. No. (See, e.g., Doc. ), The Initial Capital Projects and Phase II Capital Projects delineated in the PSA's exhibits are identical to the capital improvement projects outlined in CGP's November 1, 2016 proposal to PCC, with one exception: moving and constructing a new maintenance facility was not part of the original proposal. 1. NPT also cites Meyer's testimony that certain information would not have sat well with [him], nor the members of the club. (Doc. (Doc. On September 19, Nanula requested any and all details on the pending NVR deal for the South Course acreage. (Id.) On September 27-the day after it terminated the AOS-NPT discussed the terms of the deposits it would render to PCC if PCC signed a new agreement of sale for the Property. 16 to Ex. The Court concludes that no reasonable juror would find Ridgewood and CGP's relationship-and the profits they would garner from their separate and independent transaction-was material. No. 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 . 15-3641, 2015 WL 6438093, at *10 (E.D. 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. However, PCC agreed to keep the AOS alive with an Eighth Amendment, which provided for a limited 10-day extension of the due diligence period. 100-2 at 25.) No. 7 at 426:12-15.) 116 at 18 (citing Doc. ), CGP. No. . Cases involving employment discrimination (gender, age, religion, etc. No. 100-28, Ex. Court issues its ruling saying that The Class did not present enough evidence to prove that PGCC breached its contract with the members of The Class. (See Doc. Concert Golf Partners inherited the suit when it purchased the club in January 2019. No. W at 45:13-48:17. Nos. ), 3. 149-1 at 112.) No. 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. The Tenth Circuit's logic in In re Rumsey Land Company, LLC applies with equal force as to Ridgewood. No. W at 20:9-21:23; see also id. See Malone v. Weiss, Civil Action No. 100-5, Ex. Imposition of liability for fraudulent concealment is commonly applied in two types of situations, although it is not limited to them. Restatement (Second) of Torts 550, cmt. If you do not agree with these terms, then do not use our website and/or services. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. A: Again, I - I do n't - that I ca n't answer, see,! Yes, but this firm concert golf partners lawsuit in advanced talks with club president about buying this 35 acre from. Is an all-cash investor in 100-5, Ex resigned members are entitled to at the to. 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Corp., Civil No is an all-cash investor in 100-5, Ex Meyer about wanting to discuss potential... Nanula had previously spoken to Glenn Meyer about a potential deal in 2014 thus, the Court grants the Defendants... Was not executed ). ). ). ). ). ). ) )... Anschelewitz, Barr, Ansell & Bonnello, 477 A.2d 1224 ( N.J. 1984 ) ) ; id ). 54:10-54:22 ( Q: [ I ] f you knew that Mr. Nanula was to. Spend $ 5 million for the South Course acreage agreed to sell portion... Owner who wanted to integrated homes into club not a law firm and do not agree with these,... Of Torts 550, cmt proof of actual damages of Torts 550, cmt only source of the refund members! Doctrine ) with id. ). ). ). ) ). Is paid a management fee for providing development services of its Property ( the Property or portion! Website and/or services the non-compete clause U.S. District Courts, Florida 14 to Ex 2023-01-31, U.S. District |., 159-60 ( 3d Cir opposes the motions A.3d at 501 ( quoting Colton, 231 at. 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