No. W at 36:20-37:13.). Nanula assured Meyer that CGP would find the right people to get this land transaction done. (Id.) If you do not agree with these terms, then do not use our website and/or services. No. 149-1 at 204. It is undisputed that CGP incorporated Concert Philmont to purchase the Club (id. No. 3 to Ex. No. (Doc. No. 464, 476 (10th Cir. ), On September 23, 2016, Plotnick emailed Meyer to discuss a potential relationship at Philmont. (Doc. (Doc. A.) The Judges overseeing this case are Anthony E. Porcelli and James S. Moody. 2 Forwarded To: Counsel on 12/31/2018 (ahf) (Entered: 12/31/2018), (#1) COMPLAINT against CONCERT GOLF PARTNERS, CONCERT PHILMONT, LLC ( Filing fee $ 400 receipt number 0313-13254330. Q: And why is that? As to the Ridgewood Defendants, NPT summarily asserts that they were parties to a transaction because they participated in the transaction by colluding with the Concert Defendants. (Doc. at 34; accord Doc. 59 at 36.) First, the resignation emails do not show that PCC members would have voted against the sale of the Club to CGP had they known of Ridgewood and CGP's relationship and the profits the Defendants stood to gain as a result of the deal. The Class files additional arguments explaining why the Receipt and Releases were never valid. DD at 8 (indicating that the purchase price included the unpaid principal balance and accrued and unpaid interest on PCC's Fox Chase Bank loan, which bore an original principal sum of $1.2 million); id. at 1, 88. 173.) Units and lots are referred to interchangeably. (Id. (See Doc. 116-13, Ex. Meyer testified that it would have been disconcerting to hear that Nanula had been speaking with another potential buyer about not approaching Philmont. No. Nanula noted that Ridgewood had been talking to [the] Club about buying the 9 holes for $5-6m but they need a credible golf operator to sell the members on this and that he told them to back off completely so I can buy the whole Club and then deal them in as our real estate partner. (Id.) 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. (See Doc. Concert Plantation & PGCC file a Motion to Continue/Delay the hearing on the Motion for Partial Summary Judgment as well as the Trial. No. Ct. 2013) ([S]ection 551 imposes liability for nondisclosure of information when the defendant has a specific duty to disclose, which arises only in certain, enumerated circumstances.). ), The agreed-upon Initial Capital Projects consisted of: renovating the men's and women's locker rooms so that they met a modern country club standard; improving the North Course bunker, cart path, greens, and drainage and removing trees; renovating the pool and pool area; and upgrading the HVAC infrastructure. 100-6, Ex. ), Meyer testified that PCC hired Brown Golf Management as a consultant to help [it] run and operate the club, hopefully more efficiently than PCC had been running it. ; see also Doc. 125-4, Ex. No. 116-2 at 202 (In discussing the component of the Defendants' agreement that yields a $7 million allocation for the Property, Mr. Nanula wrote to his associates: Next $7m to CGP for land. (Doc. Like RLH, NPT contends Ridgewood initially showed interest in potentially purchasing a portion of the Property or the entire club from PCC in 2014, 2015, and then again in September 2016. See id. However, NPT advised NVR that it would terminate the AOS effective Friday, September 16 (two days later) if it did not receive written notification from NVR advising which course of action it had chosen. ), On December 12, Nanula met with PCC's membership and gave a presentation on CGP's proposal to acquire the Club. 100-34, Ex. Concert Plantation and PGCC file a Motion to freeze the lawsuit until the Appeals Court rules on Class Action Certification. (July 19, 2022 Hr'g Tr. Like their neighbors, several Concert Golf Partners employees experienced damage to their homes and their hardship did not go unnoticed. Relator does not, however, allege any active concealment or suppression on the part of Omnicare. 149-1 at 71.) 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. Meyer advised that the transaction is subject to approval by a majority of the eligible voting members of the Club and that there would be a membership meeting to discuss the transaction. (Id. Because we find that there is a genuine issue of material fact as to whether the Concert Defendants are parties to a business transaction under 551 or parties to a transaction under 550, the Court denies summary judgment on Counts II and II as to this argument. 3 to Ex. Accordingly, the Court denies Ridgewood's motion for summary judgment as to the breach of contract claim. No. On 12/31/2018 STEVENS filed a Civil Right - Employment Discrimination lawsuit against CONCERT GOLF PARTNERS. No. A [Meyer]: Uhm, I don't recall, but it was a significant time frame after we completed the sale.).) Meyer's testimony underscores that CGP taking over as golf operator and CGP's monetary promises (i.e., paying off PCC's debt and spending $4 million in capital expenditures initially, followed by another $5 million upon the sale of the Property) were the bases of the transaction: It is also noteworthy that, before the PSA was executed, Meyer provided Nanula with the contact information for NVR and NPT/Metropolitan. at 97. Co., 709 F.3d 487, 497-98 (3d Cir. 100-29, Ex. No. Last, the Court denied the motion to dismiss NPT's breach of contract claim against Ridgewood, which was based on Ridgewood's alleged violation of a confidentiality agreement. No. I think that shows we are for real and committed to getting this deal done.). 2 to Ex. No. Plantation refund lawsuit expands to 54 plaintiffs Earle Kimel [email protected] 0:00 1:33 SARASOTA COUNTY A lawsuit against This case was filed in 100-18, Ex. 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. . PLC, 93 Fed.Appx. See Williams v. Hilton Grp. at 113. We paid $18,000, then it went up to $21,000, then it went to $30,000, he said, referring to the value of his equity. Compare Restatement (Second) of Torts 551, cmt. 100-8, Ex. 2:18-CV-05122 | 2018-11-28, U.S. District Courts | Civil Right | 100-25, Ex. U at 62:16-63:19.) Thus, PCC could have learned this information (Ridgewood and CGP's relationship) from the Township, and not just the Concert and Ridgewood Defendants. 647, 654 (E.D. (providing that NPT would work to obtain a text amendment to the current Township Zoning ordinance to (i) rezone the portion of the Property containing the Additional Land to the RSD-2 zoning district; and (ii) permit age-restricted townhouses to be permitted within the RSD-2 zoning district).). (Id. 149-1 at 19, 64.) Filing 1 COMPLAINT against CONCERT GOLF PARTNERS, LLC, CONCERT PHILMONT PROPERTIES, LLC, CONCERT PHILMONT, LLC, JONATHAN ), After receiving Ridgewood's proposal, Nanula forwarded the email to Nick Cicero, a partner at Freestone Capital Management. . 100-28, Ex. ), Meyer is a financial planning and investment advisor. 39 to Ex. 2 Forwarded To: Counsel on 12/31/2018 (ahf) (Entered: 12/31/2018), Docket(#1) COMPLAINT against CONCERT GOLF PARTNERS, CONCERT PHILMONT, LLC ( Filing fee $ 400 receipt number 0313-13254330. The hearing and the trial will move ahead as scheduled. No. ), The next day, on September 26, NPT sent PCC a proposed Ninth Amendment to the AOS. (Doc. No. W at 113:4-9 (Q: When did you first learn that Ridgewood had become involved with Concert Golf? ), Restatement (Second) of Torts 551, cmt. I don't know the answer to that question.).) (Id. The non-moving party must show more than the mere existence of a scintilla of evidence in support of its position. 124-1 at 11.) 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. 100-5, Ex. . The Judge immediately ruled in favor of PGCC and Concert on all counts and determined that The Class has no claims to present to a jury. W at 111:3-9, 111:15-18.) No. No. 53 at 53 (Under Pennsylvania law, a duty to speak exists only in limited circumstances,' such as (1) when there is a fiduciary, or confidential, relationship between the parties'; (2) where one party is the only source of information to the other party or the problems are not discoverable by other reasonable means; (3) when disclosure is necessary to prevent an ambiguous or partial statement from being misleading'; (4) where subsequently acquired knowledge makes a previous representation false'; or (5) where the undisclosed fact is basic to the transaction. Nanula reasoned that CGP would get a little more of the total proceeds because (1) we have to deal with member pressures and capex vagaries 3-5 years down the road, and (2) we upfronted the capital to buy all 300+ acres of land so that Ridgewood does not have to do this. (Id.) 35 to Ex. NORTH PENN TOWNS, LP, directly and as assignee of Philmont Country Club, Plaintiff, v. CONCERT GOLF PARTNERS, LLC, et al., Defendants. A; see also Doc. The Augusta Ultimately, only Concert Philmont took title to any property. at 654 (discussing materiality in the context of a breach of contract claim in an insurance case and an insurer's post-loss investigation). A: . 100-32, Ex. (Id. ), At the suggestion of PCC, the Concert Defendants also had brief communications with developer, NPT/Metropolitan, around this same time frame. Neither of these situations is present here. Nanula told Meyer that he would be willing to commit to funding and completing a series of capital projects that the board wanted to get done that was on the order of $4 million. (Doc. (See Doc. No. 2014)); see also id. 17 to Ex. Citing to comment l to 551, NPT argues that the Concert Defendants' behavior amounted to swindling. 116-14, Ex. The due diligence period was extended until September 29, 2016 through a series of eight amendments to the AOS. 1.) No. I cant recommend this firm enough. (Doc. 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. 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. 116 at 26.) 100-5, Ex. ), Cicero agreed that the return Ridgewood would receive under the proposal seems awfully high instead of just some set fee that is relatively nominal. (Id.) U at 58:2-19.) No. 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 design [to resign. W, 36:20-37:9, 54:10-54:22).) He told me to call him back in 6 months.).). . ), About a week later, on September 14, NPT provided NVR with formal notice of [its] intention to terminate the AOS. (See Doc. A (The purchase price for the Property shall be Twelve Million, Two Hundred Thousand and no/100 Dollars ($12,200,000) assuming a yield of one hundred sixty-two (162) single family market rate semi-attached residential townhome fee simple footprint lots.).) 2017-04395) (the "Original Action"), alleging that CGP tortiously interfered with its contract with PCC and 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. No. . A (December 20, 2016 email from Meyer to Silverman, forwarding NPT's revised proposal and stating, Hot off the press. (Doc. 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. Pa. Jul. See In re Rumsey Land Co., LLC, 944 F.3d at 1273 n.9 (Although contractual partners qualify as parties to a business transaction, a contractual relationship is not required under 551(2)(b).); Church Mut. Viewing the facts in the light most favorable to NPT, the Court will not consider whether there was a $5 million informal offer for the nine-hole Property, as NPT contends the Court must infer that Meyer did not make an offer since he failed to mention it in 2018. ), Philmont independently of Concert . 100-28, Ex. 100-22, Ex. (Doc. We promised members $5m of Phase 2 capex, which will be more like $4.5m. No. Holdings, LLC, Civil Action No. the capital investments being implemented with regard to the two required capital phases under our Agreement of Sale . . 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. VENICE What began as one lawsuit seeking a refund of an equity membership in the Plantation Golf & Country Club will go to trial next year as a class action involving hundreds of plaintiffs. (Doc. Nice guy . 2 to Ex. W at 119:20-120:6; see also id. 59 at 26-27 (Count I).) Namely, the FFE Agreement provided that the defendants would provide cash and all finance advisory services necessary to generate earnings, the plaintiff would receive 99.9% of the net profits, and when the FFE was dissolved, the plaintiff would receive distributions equal to $4 million. 2004) ([W]e hold that the District Court did not err in concluding that the doctrine barred Williams's claims against Ross, as well as his claims against Ladbrokes. In other words, CGP would not be purchasing Philmont Club directly. 100-5, Ex. As an experienced leader in these types of lawsuits, we were confident the firm would have the expertise. ), Nanula had previously spoken to Glenn Meyer about a potential deal in 2014. 100-5, Ex. (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).) Co., 2018 WL 1517022, at *4 n.2 (Put another away, Coutu cannot reasonably expect to lob facts into a business transaction, such as Bensusan being able to act as an appraiser under an insurance policy requiring an impartial appraiser, and then walk away unscathed when those facts cause mayhem to the business transaction. (Doc. (As you are aware, we are unable to terminate the AOS with the Seller, without your written consent. (Doc. No. No. The Class files its response opposing any continuation or delay, Hearing before Magistrate Bailey regarding numerous requests for documents, Deposition of Class Representative A. Anderson. But that information related to the amount of money CGP intended to spend on capital expenditures, not Ridgewood and CGP's relationship. (Doc. No. Financial terms of the transaction were not disclosed. At the conclusion of the meeting the Seller agreed to a minimal reduction in the sales price and unfortunately, without an Amendment to the LPA, we are forced to provide you this notice. (Id.) (Doc. ), Age Discrimination in Employment Act (ADEA) - 29 USC 621-634 Nanula explained that CGP was in the early stages of trying to purchase Philmont Club and had received an initial proposal from golf-adjacent developer Ridgewood. No. No. BB.) Ct. 2002)). Plotnick also proposed that [u]pon the sale of the real estate, the net proceeds [would] flow through the following waterfall: [f]irst, 60/40 (Concert/Ridgewood) until all out of pocket costs have been returned to both parties; [s]econd, 100% to Concert for the next $7MM. at 17)-i.e., after CGP and Nanula's initial November 1, 2016 proposal to acquire the Club and after Philmont's Executive Board voted to approve the PSA (id. Such is the case here. 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. a, the Court considers whether there is a genuine issue of material fact as to whether the Concert Defendants intentionally prevented PCC from acquiring material information. 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. Rumsey Land Company (Rumsey) owned a property, and when Rumsey filed for bankruptcy, Resource Land Holdings, LLC (RLH) offered to purchase the property. No. (Id. J.) No. Underground Storage Tank Indemnification Fund, 82 A.3d 485, 501 (Pa. Cmw. (ahf) (Entered: 12/31/2018), Summons Issued as to CONCERT GOLF PARTNERS, CONCERT PHILMONT, LLC. No. ), 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. No. (Doc. No. A.) 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. 53 at 26-30; see also id. No. Nor was he aware of anyone from Ridgewood professing such concerns to any other PCC Board member or club member. A subsidiary of Concert Golf Partners that controls the Plantation Golf and Country Club (PGCC) in Venice, FL faces a class-action lawsuit brought by former members who say they were denied millions of dollars in refunds. And on November 30, in response to receiving Meyer's email with the contact information of two firms (NPT and NVR), Nanula told Meyer that he would find the right people to get this land transaction done (Doc. (See Doc. No. 5 to Ex. (Id.) almost needs to be all redone again. No. 3:21-CV-00816 | 2021-04-08, U.S. District Courts | Other | . As such, the Court finds that 551(2)(b) did not impose a duty to disclose on the Concert Defendants. 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. 149-1 at 86. (Doc. No. In its response brief, NPT summarily asserts, without citation, The evidence clearly shows that the Defendants concealed their relationship and that concealment was material to the transaction at hand. (See Doc. Metal on Metal Hip Lawsuits & Settlements, Indian Law, Tribal Governance, Native Owned Businesses, Ruling granting class certification. . Pa. Oct. 23, 2015) (Plaintiffs in this case fail to allege an actionable underlying fraud that the Foundation could have aided and abetted . 1. 2015) (Under Pennsylvania law, if a party is able to prove breach of contract but can show no damages flowing from the breach, the party is entitled to recover nominal damages. 117 at 16-17. No. No. When asked whether he would have voted to sell the club to the Concert Defendants had he known that Concert Golf was telling Ridgewood to stand down and not make any offer to Philmont in exchange for . Company Type For Profit. Under either New Jersey or Pennsylvania law, actual damages need not be established to survive summary judgment on a contract claim. MM at 187:23-188:1.) The due diligence period was set to run from July 23, 2015 through October 21, 2015. 100-5, Ex. And the best part of all, documents in their CrowdSourced Library are FREE! (Doc. No. (Doc. . 13 to Ex. Concert Golf acquired 36-hole, 295-acre Philmont, which was founded as an all-Jewish club in 1906, in February 2017 in a deal that involved the payoff of the clubs debt and other commitments and bought White Manor CC under a similar arrangement at the end of 2016, the Inquirer reported. . 37 to Ex. No. 149-1 at 12.) 100-25, Ex. DD at 5.5(k). 116, 117.) On July 22, 2015, NPT and NVR entered into a Lot Purchase Agreement (LPA), which provided that NPT would sell the individual lots to NVR. (Doc. A; Doc. 1:21-CV-00455 | 2021-05-21, U.S. District Courts | Civil Right | 101-1 at 17 (citing case applying Pennsylvania law).) These projects were to be completed within two years after the sale of the developed Property. 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. F at 9:4-7 (Nanula's testimony that CGP is a private club hospitality firm); id. Ruling favors golf club in lawsuit filed by former members 59.). (Doc. That same day, Stallone also sent Nanula NPT's sketch plan for the Property, which had been prepared by NPT's engineer. 100-10, Ex. 125-14, 173.) The case status is Not Classified By Court. Silverman testified that there was such minimal communication with Ridgewood and that he never spoke with anyone from Ridgewood. ), 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. 100-24, Ex. CC (describing CGP as a boutique private club owneroperator). is the critical determinative factor in determining whether the claim is truly one in tort, or for breach of contract); id. 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. Defendants moved to dismiss the Complaint (see Doc. We are taking the risk in this scenario, not the club.); accord id., Ex. (See id. Last Funding Type Private Equity. Litig., 90 F.3d 696, 714 (3d Cir. No. Talk to our attorneys about your refund even if you already received a redemption check for an incorrect amount, or youre awaiting a redemption check. Federal courts applying Pennsylvania law have agreed with the impropriety of summary judgment in such a situation. 100-5, Ex. A. 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. No. 22 to Ex. These are self-serving business practices in action at the expense of resigned members. . Pa. Feb. 12, 2018) (Permitting a fraudulent inducement claim in this case would essentially negate the entire [] gist of the action doctrine because a Plaintiff would have only to allege that Defendants never intended to abide by a provision in their contract in order to escape dismissal. The Court disagrees. Case Details Parties. However,board members changed the redemption formula in the bylaws against attorney advice. Cancellation and Refund Policy, Privacy Policy, and (Id. . ), H. PCC Sells Philmont Club to the Concert Defendants, On November 17, PCC's Board of Directors approved CGP's proposal. (If the facts of a particular claim establish that the duty breached is one created by the parties by the terms of their contract . A copy of the meeting notes is available by clicking on the document to the right. 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. No. The Class files its Motion for Rehearing of Summary Judgment filed. (Doc. United States District Court, E.D. No. 100-5, Ex. Recently paid refunds are NOWHERE NEAR the originally promised 80%. Nanula wrote, If so, great - we will move ahead on our club deal, and start working with you on the real estate deal. (Id.) . We disagree. (emphasis added). A (November 1, 2016 Proposal from CGP to PCC stating the key financial components of the transaction).). 100-16, Ex. Critically, these allegations involve duties that were outlined in the PSA. No. 100-29, Ex. Concert Golf Partners is a boutique operator of private golf and country clubs headquartered in Lake Mary, FL. (Doc. Notably, Defendants fail to cite any applicable case law to support their position.).). Equal Employment Opportunity Act (EEOA) - 42 USC 2000e No. at 35-47.). (KARPF, ARI) (Entered: 01/14/2019), (#2) NOTICE of Appearance by DAVID KORSEN on behalf of JAMES STEVENS (KORSEN, DAVID) (Entered: 01/07/2019), DEMAND for Trial by Jury by JAMES STEVENS. See Celotex Corp. v. 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