100-5, Ex. No. PCC did not suggest any capital improvements be made different from those described in the November 1 proposal. 100-5, Ex. They have an outstanding team that truly care for their clientsI have been awarded a fair six figure settlement. 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. was basic to the transaction. (See Doc. On March 1, 2017, Ridgewood Philmont and Concert Philmont Properties entered into a Development Services Agreement (DSA), pursuant to which Ridgewood would be responsible for obtaining development approvals for the Property. (Doc. See generally id. ), Plotnick also suggested that $5 million from the sale of the Property be reinvested in Philmont Club as capital expenditures. (See Doc. NPT also argues the Concert Defendants had a duty to disclose under 551(2)(b). If you do not agree with these terms, then do not use our website and/or services. 116, 117.) ), On September 25, the day before the due diligence period was set to expire, Meyer emailed PCC's counsel, stating, After further thought, we have decided to let the agreement expire and evaluate our position rather than continue to negotiate with NVR. (Doc. 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. Pa. June 23, 2008); Youndt v. First Nat'l Bank of Port Allegany, 868 A.2d 539, 550 (Pa. Super. No. 5:23-CV-00394 | 2023-01-31, U.S. District Courts | Civil Right | (Id. 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.). 2:11-cv-1588-TFM, 2014 WL 2808097, at *19-20 (W.D. Company Type For Profit. PGCC and Concert file their reply objecting to the request for rehearing by The Class. 116-9, Ex. (See Doc. On November 2, 2016, Nanula emailed Plotnick, 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. If, however, the facts establish that the claim involves the defendant's violation of a broader social duty owed to all individuals, which is imposed by the law of torts and, hence, exists regardless of the contract, then it must be regarded as a tort.). (See Doc. . And, even to the extent that a statement about the mere intent to make an offer (i.e., a promise to make a promise) is a partial or ambiguous statement, as NPT posits, the Ridgewood Defendants are the ones who purportedly made this statement to PCC-not the Concert Defendants. T at 6; see also id. 100-15, Ex. 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. Rostholder v. Omnicare, Inc., 2012 WL 3399789, at *14 n.18 (D. Md. ), In an email from months before the PSA was executed, November 21, 2016, Nanula emailed Brandon Collins at CGP, writing, The wild ideas the Board has about a master plan' for the North Course are probably way overblown, and we have huge capital needs in the clubhouse, HVAC, etc. (quoting Colton, 231 F.3d at 898-99); accord U.S. ex rel. Deposition of Class Representative P. McGowan, Deposition of former PGCC Club Manager J. Leinaweaver. But see id. . On September 29, Plotnick and Nanula spoke on the phone. The evidence showed that Gnagey had discarded the abandoned tanks and the soil, and backfilled the excavated area without informing the Fund that it discovered the abandoned tanks; changed its invoicing procedure to the Fund after discovering the abandoned tanks; and issued three invoices to the Fund accompanied by photographs, narratives, and a chronology of daily work activities, all of which failed to document or disclose the abandoned tanks. Id. No. (See Doc. (See Doc. There is scant case law on what constitutes a party to a transaction under 550 and a business transaction between parties under 551. 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. A.) 100-18, Ex. 149-1 at 30-31.) Federal courts applying Pennsylvania law have agreed with the impropriety of summary judgment in such a situation. Meyer responded, Marty [Stallone] seems like a good guy but that's your call. (Id. at 36:20-37:13; see also id. 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. No. ), Meyer testified that he did not have extensive conversations with Ridgewood but that he would be the most knowledgeable on the conversations that did occur. Ct. 2016) (Indeed, the Restatement duties to disclose or provide complete information under Sections 529, 550, and 551 apply only in the context of a business transaction between the parties.). ), Silverman and Meyer testified that they were not aware of any damages the Club suffered by virtue of Ridgewood sharing the information with ClubCorp or Morningstar. (See Doc. . . Was thrilled that there were going to be one owner who wanted to integrated homes into club. Oct. 16, 2018) ([T]he Court holds that Diversified's no damages' argument does not support granting summary judgment to Diversified as to Stevenson's breach of contract claim.); Fagal v. Marywood Univ., Civil Action No. 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. 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. No. 100-28, Ex. . 100-10, Ex. Ultimately, NPT is upset that CGP may have gotten the better end of this business deal, which was based on real estate. (Id. ; see also Doc. . ), CGP. 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. Civil Action 19-4540-KSM (E.D. at 42:2 7.) Operating Status Active. 149-1 at 48; see also Doc. . A.) ), H. PCC Sells Philmont Club to the Concert Defendants, On November 17, PCC's Board of Directors approved CGP's proposal. (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.) . We are a boutique owner-operator of upscale private golf & country clubs nationwide. The case status is Not Classified By Court. (See Doc. 100-5, Ex. In re Rumsey Land Company, LLC is instructive as to whether the Ridgewood Defendants were parties to a business transaction under 551. 116-19, Ex. at 27.) They are not putting up any real capital at all here, and asked Cicero for his thoughts. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Uhm, the bunkering that they've done . On September 19, Nanula requested any and all details on the pending NVR deal for the South Course acreage. (Id.) (See Doc. (ahf) (Entered: 12/31/2018), DocketSummons Issued as to CONCERT GOLF PARTNERS, CONCERT PHILMONT, LLC. U at 58:20-59:11. Q: And why is that? No. CC (describing CGP as a boutique private club owneroperator). Performance Rating Act - 5 USC 4303. In their motions for summary judgment, Defendants argue that: As assignee, NPT asserts a fraud claim against the Concert Defendants, which arises out of affirmative misrepresentations CGP allegedly made to PCC concerning capital expenditures. No. (Doc. No. at 50-53.) PCC, NVR, and NPT met the next day, September 7, to discuss these issues. (Doc. ; see also id. . (Id.) (July 19, 2022 Hr'g Tr. In arguing that CGP and Ridgewood's relationship was a fact basic to the transaction, NPT cites only to Meyer and Silverman's testimony. Recently paid refunds are NOWHERE NEAR the originally promised 80%. Ins. No. ), At the suggestion of PCC, the Concert Defendants also had brief communications with developer, NPT/Metropolitan, around this same time frame. at 1274-75. 8:19-CV-02344 | 2019-09-20, U.S. District Courts | Other | A (December 20, 2016 email from Meyer to Silverman, forwarding NPT's revised proposal and stating, Hot off the press. A, #3 & #5.) (Doc. No. (Doc. (Id.) (See Doc. (Upon the sale of the fully entitled redeveloped portion of the property to a homebuilder, the waterfall will be as follows: -First, 50/50 to Ridgewood to repay the actual Approval Costs expended, -Second, 100% to Concert for the next $5MM of proceeds, -Last, 50/50 to Concert and Ridgewood for all additional proceeds.). (Id. Notably, Defendants fail to cite any applicable case law to support their position.).). No. Co. v. Pittsburgh & W.Va. R.R. 7 at 426:12-15.) That's because she 13 to Ex. No. Cancellation and Refund Policy, Privacy Policy, and (Compare Doc. 2018) (rejecting the plaintiff's argument that the need for chloride-free insulation to reduce the risk of corrosion was basic to the plaintiff's agreement to purchase crystallizer tanks from the defendant and finding that although the facts were important, they were not necessarily basic). 116-5, Ex. NPT planned to develop the Property and sell the developed lots to NVR to build homes. 9; 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).) 124-1 at 9. Throughout its response, Plaintiff emphasizes the distinction between fraudulent concealment under 550 and fraudulent nondisclosure under 551 and the fact that a duty to disclose is only required under 551-not 550. The Court reasoned: Here, RLH was not a party to a business transaction with Rumsey. No. Silverman was but one vote. On 06/06/2016 Polge filed a Civil Right - Employment Discrimination lawsuit against Concert Golf Partners, LLC. Under either New Jersey or Pennsylvania law, actual damages need not be established to survive summary judgment on a contract claim. 149-1 at 19, 64.) 22-2596 | 2022-08-29, Palm Beach County 15th Judicial Circuit Courts | Civil Right | (Id. (KARPF, ARI) (Entered: 12/31/2018). . Two days of hearings on the Motions for Partial Summary Judgment filed by both The Class and by PGCC and Concert Plantation, asking the Court to decide certain claims and defenses without the need for trial. (Doc. Concert Golf Partners will not require residents to be club members. (See Doc. Nanula said that Meyer understood and would be going back to the Board. Therefore, the Concert Defendants' motion for summary judgment is denied as to this argument. No. No. The Judges overseeing this case are Anthony E. Porcelli and James S. Moody. 100-43, Ex. . 5 to Ex. Uhm, so it's - it just hasn't been, you know, first-rate execution along the way). 15-3641, 2015 WL 6438093, at *10 (E.D. Shortly after the visit, Plotnick emailed Meyer, stating, Thanks again for taking the time to speak with and tour Jonathan and I [sic] today. AUGUSTA, Ga. (WJBF) The agreement to hold concerts at Lake Olmstead Stadium has hit a sour note. D at 29:13-22.) Finally, one place to get all the court documents we need. Although the meeting went well and the Township want[ed] to get the deal done (see id. 464, 476 (10th Cir. O.) A (We have to assume no real estate transaction might ever be possible, due to the environmental remediation vagaries and cost; the extensive infrastructure costs for the Philmont Ave. intersection project; and the Town approval uncertainties.).) D at 29:13-22. Nanula estimated that the member vote will be 90%+ in favor. (Id.) No. 100-26, Ex. 116-4, Ex. 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). After the call, Nanula emailed Fields, attaching a signed non-disclosure agreement and requesting information about PCC, including detailed income statements, [a] listing of recent capital improvements made, and the current list of potential capital projects (with estimated scope and costs, if any) that are being considered, and [a] summary of your current real estate deal and the Toll [Brothers] deal. (Doc. On 12/31/2018 STEVENS filed a Civil Right - Employment Discrimination lawsuit against CONCERT GOLF PARTNERS. A.) 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. 116 at 18 (citing Doc. No. ), 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. 100-5, Ex. Concert Plantation and PGCC file a Motion to freeze the lawsuit until the Appeals Court rules on Class Action Certification. 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. at 118:3-9. No. at 284:7-19; see also id. 100-26, Ex. 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. 125-3, Ex. . When I say they went to bat for methis Law Firm literally did just that. 18 to Ex. A: . That is not what this Court held. No. 12 to Ex. No. (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.).) Plotnick added, In the meantime, we will continue to stand on the sidelines and let you do your thing. ), Two days after the Club visit, on September 29, Ridgewood and PCC executed a confidentiality agreement to facilitate the sharing of information, pursuant to which Ridgewood agreed to not disclose or disseminate PCC's proprietary, non-public information. (Doc. 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. 149-1 at 14.) The Class provides the Court with its arguments explaining that there are fact issues that need to go to a jury to decide. (Id. Nanula explained that Meyer wanted to explore how we could give the club 100% of all our real estate proceeds in 2-4 years when a deal happens. (Id.) 116 at 29.) (Id. 124-1 at 21; see also Doc. Mail Class Action Notices mailed to class members/former PGCC equity members. No. Whether the Concert Defendants and/or Ridgewood Defendants Were Parties to a Transaction with PCC, The Concert and Ridgewood Defendants argue that summary judgment is mandated on the fraudulent concealment and fraudulent nondisclosure claims because 550 and 551 of the Restatement impose liability only on one who is a party to the transaction and CGP, Nanula, Ridgewood, Plotnick, and Grebow were not parties to the PSA. A (executed copy of a September 29, 2016 confidentiality agreement between Ridgewood and PCC).) No. at 117:22-23, 119:3-5 (Meyer's estimate that 90 plus percent of prior PCC members are no longer members of the club and his testimony that [t]he membership changed drastically because of, you know, the way Concert ran the club).) That same day, Meyer and Nanula had a phone call regarding the terms under which the Concert Defendants would purchase Philmont Club. ), 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. No. There is no evidence that PCC seriously considered NPT's revised proposal, which outlined two different options. No. ' (citing Bucci, 591 F.Supp.2d at 783) (emphasis added).) No. 149-1 at 33.) Underground Storage Tank Indemnification Fund, 82 A.3d 485, 501 (Pa. Cmw. And the best part of all, documents in their CrowdSourced Library are FREE! X at 65:20-66:15.) 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. Nanula also stated that Ridgewood's proposal juices our normal deal returns nicely. (Id.) Pa. 1996) and In re Westinghouse Sec. Likewise, PCC outright rejected NPT's two offers-which it received prior to executing the PSA with CGP-rather than try to start a bidding war between CGP and NPT. In the separate escrow agreement contract, to which Guaranty was a party, the agreement itself conclusively sets forth Guaranty's duties and must be strictly construed.); Gaines v. Krawczyk, 354 F.Supp.2d 573 (W.D. 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. 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). 21 to Ex. Id. And the best part of all, documents in their CrowdSourced Library are FREE! . at 682-83. No. As noted above, a defendant can be held liable under 551 only if there is a duty to disclose. During oral argument, NPT implied that this inconsistency in testimony rendered Meyer not credible. Concert Plantation & PGCC file their Motion for Summary Judgment to have the Court decide the breach of contract issue as well as decide whether the Receipt & Release forms signed by certain class members is valid. 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. No. 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. NPT informed NVR that unless they were able to come to some understanding concerning the additional costs that are involved as a result of this material change, NPT would be forced to provide notice of its intention to terminate the LPA. Specifically, NPT alleges that CGP falsely represented 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 when, in fact, it never intended to expend[] the full amount or engage in those projects as represented. (Id. The Kabelins invested significantly more than $1,200 in the golf club. (See, e.g., Doc. See The Roskamp Inst., Inc. v. Alzheimer's Inst. In so holding, the Court emphasizes that NPT asserts this claim-and all other claims-as assignee. PCC was in a distressed financial situation and decided to sell a portion of its property (the Property) for residential development. No. That Meyer and PCC never inquired further as to whether or not CGP had found the right developer after learning that CGP would likely not be moving forward with NPT/Metropolitan, coupled with the fact that Meyer recognized that it was CGP's call as to which developer to use, illustrate that CGP and Ridgewood's relationship was not a fact basic to the transaction. (Doc. W at 27:1-10, 35:18-36:11, 46:4-8. No. In sum, even when viewing the evidence in the light most favorable to Plaintiff, the Court cannot conclude that CGP and Ridgewood's relationship-and the fact that the pair would profit from that relationship-was a fact basic to the transaction. If PCC wanted to drive a harder bargain, it could have gotten an appraisal and tried to negotiate further and/or tried to attract other buyers. at 83 (On December 12, 2016, Nanula met with members of Philmont at the Club and made a power point presentation relating to CGP's proposal to acquire the Club.).) No. [I]f you knew that Mr. Nanula was promising to spend $5 million to you, but in reality he was planning to actually spend less than $5 million, would you have still voted to sell the club to Concert Golf? No. The Class files its Answer Brief to the brief filed by PGCC and Concert Plantation appealing Class Certification. 100-5, Ex. A: Possibly. (emphases added)).) ), On November 9, Nanula emailed Meyer and noted that in a meeting the following week, they should focus on [t]he capital project priorities that you really want to see happen at PCC and other elements of the Proposal. (Doc. But no reasonable juror could find from these facts that Ridgewood was a party to a business transaction. 149-1 at 15; Doc. No. 11.) 100-35, Ex. . W, 36:20-37:9, 54:10-54:22).) 125-14, 173.) (See Doc. (Doc. The family of the late Kobe Bryant has agreed to a $28.5 million settlement with Los Angeles County to resolve the remaining claims in a lawsuit over deputies and L.) Meyer testified that around the time of the September 7 meeting and thereafter, he understood that NPT and NVR were not getting along very well and NPT or Metropolitan was thinking about terminating their relationship with NVR (Doc. No. (KARPF, ARI) (Entered: 01/14/2019), Docket(#2) NOTICE of Appearance by DAVID KORSEN on behalf of JAMES STEVENS (KORSEN, DAVID) (Entered: 01/07/2019), DocketDEMAND for Trial by Jury by JAMES STEVENS. at 67-69.) Under Concert Golf, the club will be debt free and run by a professional golf club company, the Post reported. NPT primarily sought these extensions to sort out the unit yield issue but also needed to resolve certain environmental issues prior to any development of the Property. (Doc. Nanula decided it was time for Ridgewood and CGP to paper our deal on the real estate opportunity and asked Plotnick to send him his tweaks to CGP's counter-proposal. The gist of the action' doctrine is designed to maintain the conceptual distinction between breach of contract claims and tort claims [by] precluding plaintiffs from recasting ordinary breach of contract claims into tort claims. 124-1 at 9; Doc. Id. U.S. Courts Of Appeals | Other | 100-28, Ex. However, at the end of his email, Nanula wondered, why do we need Ridgewood at all? No. A: . See Church Mut. 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. Although RLH made an initial offer to purchase Rumsey's land and later placed an unsuccessful stalking horse bid on the property, RLH did not contract to buy anything from Rumsey. Id. 149-1 at 56; Doc. (Doc. . A: It - it might have. No. Although this Court has held that CGP and Nanula were not parties to the PSA (see Doc. 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