concert golf partners lawsuitMarch 2023
), A few hours later, Nanula sent a follow up email, stating that CGP continue[d] to be intrigued here, with the caveat that we still have to get comfortable with the Club in the event that no real estate proceeds are ever realized (enviro, Town, intersection, buyers). Defendants moved to dismiss the Complaint (see Doc. No. 100-5, Ex. The Court held oral argument on the motions on July 19, 2022. No. No. 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? A. And, the Court is even less persuaded by NPT's contention that Meyer's testimony that the Defendants' relationship was disconcerting shows that relationship went to the essence of the transaction. No. ), 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. The Motion by Concert Plantation and PGCC to continue/delay the trial is DENIED. 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. That Ridgewood could net a significant return from partnering with CGP does not mean that PCC was swindled. 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. No. (Doc. 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. Not interested.).) To the contrary, Russell complained that CGP did not abide by the terms of the PSA. . 100-5, Ex. A: Potentially . 53 at 53-57; see id. . 2:22-CV-00328 | 2022-01-26, U.S. District Courts | Civil Right | at 34; accord Doc. 100 28, Ex. On October 26, Nanula toured the Philmont Club. And there is insufficient evidence in the record from which a reasonable juror could find that Ridgewood and CGP's relationship-and their subsequent profits-were basic to the transaction. No. ), J. PCC Decides Not to Pursue a Deal with NPT. Concert Golf Partners bought Blue Hill CC in 2015, after the club was struggling with about $5 million (Doc. Pennsylvania. In response, Nanula explained that PCC had two choices: (1) they could either get the full proceeds of the sale of the Property, if a sale ever even occurred, and bear all the risks and costs during the process or (2) allow CGP to rescue and fix the club now without taking any risk or bearing any cost at all. (Id.) A Ultimately, PCC rejected NPT's proposals. 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. No. at 13:1-3; id. No. In examining the motion, we must draw all reasonable inferences in the nonmovant's favor. And the best part of all, documents in their CrowdSourced Library are FREE! No. at 25-27 (providing that Concert Philmont LLC would pay approximately $4 million for the initial capital projects and approximately $5 million for the second phase of capital improvement projects); id. ), On October 21, Plotnick emailed Nanula [his] initial thoughts to a structure of a deal between CGP and Ridgewood at PCC. (See Doc. ), On January 19, 2017, PCC's Executive Board voted to approve the Purchase and Sale Agreement (PSA). (So it seemed to me that this wasn't something that we might want to continue on down the road with.). 3:14-cv-02404, 2017 WL 4540613, at *8 (M.D. No. (See Doc. 100-5, Ex. at 36:20-39. Benjamin Christian practices in the Firms appellate law group. Such is the case here. In the Amended Complaint, NPT, as assignee, brings a fraud claim against CGP and Nanula (Count I); a fraudulent concealment claim against all Defendants, brought pursuant to Restatement (Second) of Torts 550 (Count II); a fraudulent nondisclosure claim against all Defendants, brought pursuant to Restatement (Second) of Torts 551 (Count III); aiding and abetting fraud claims against Concert Defendants (Count IV) and Ridgewood Defendants (Count V); and a breach of contract claim against Ridgewood (Count VI). 125-5, Ex. Plotnick testified that at the time, Ridgewood was interested in potentially purchasing either the entire Club or just a portion of it for land development. (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.). See 66 F.3d at 611. 100-8, Ex. No. (Doc. )Meyer stated that at the time he said no to that informal offer, he believed that PCC would not be hearing from Ridgewood again. 100-29, 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. Presently before the Court are Defendants' motions for summary judgment. 149-1 at 136-37. Between 500 and 700 resigned members may be part of this class action. ), 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. When I say they went to bat for methis Law Firm literally did just that. the law ordinarily infers that damage ensued, and, in the absence of actual damages, the law vindicates that right by awarding nominal damages.' WebAbout Concert Golf Partners. . 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. Ultimately, the Seventh Amendment to the AOS that was executed did not include any purchase price adjustments and merely extended the due diligence period to September 16, 2016. 22 to Ex. No. (Compare Doc. (Id. (Doc. 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. (Id. 116 at 26.) A (said email exchange).) 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. 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. Consequently, the minutes of this meeting proves the board members and legal committee were aware of the Self Serving Business Practices in use when changing redemption bylaws without consent. at 17.) Plotnick also proposed that in exchange for overseeing all of the approvals for the redevelopment of the south course and paying half of the costs of obtaining development approvals with a budget of $1 million (i.e., Ridgewood and CGP would each pay approximately $500,000), Ridgewood would be repaid the actual approval costs expended and fifty percent of the remaining proceeds after CGP receives $5 million of the proceeds. (Id. ), On December 20, NPT sent Meyer a revised proposal to buy the Property. (Doc. . 9 to Ex. 14 to Ex. (Id. . Nor was he aware of anyone from Ridgewood professing such concerns to any other PCC Board member or club member. 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. (Id. Theyre suing both PGCC and Concert Plantation LLC, a subsidiary of Concert Golf Partners that purchased PGCC in 2019. A (Eighth Amendment to the AOS, extending the due diligence period from September 16, 2016 to September 26, 2016). No. (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).). He alleges only the failure to disclose. (quoting Colton, 231 F.3d at 898)). 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. (Id. No. Units and lots are referred to interchangeably. J.) 124-1 at 9. (See Doc. 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.).) 116 at 28-29. 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? ), At no point did the Concert Defendants inform PCC that they were in talks with Ridgewood and planned to paper the deal on the real estate opportunity. (See Doc. After receiving the contact information, Nanula stated that it would be hard for [CGP] to work with [Stallone of NPT/Metropolitan] in light of Stallone's criminal history, but added that [r]egardless, [CGP would] find the right people to get this land transaction done. (Doc. . Why is this public record being published online? Final Judgment entered in favor of PGCC and Concert Plantation. Id. See Restatement (Second) of Torts 550-51; see also Gnagey, 82 A.3d at 501 ([T]he Colton court explained how and why the doctrine of active concealment' constitutes fraud even if there is no independent legal duty to disclose information, while the concept of mere silence' requires the disclosure of information only if there is a positive statutory, regulatory, or legal duty mandating disclosure. (citing United States v. Colton, 231 F.3d 890 (4th Cir. No. No. (Id.) No. The Court is not persuaded. No. ), On November 21, Plotnick emailed Nanula his thoughts on some deal points as well as a few tweaks to [the] deal structure. (Doc. No. of Am., Inc., Civil Action No. U at 62:16-63:19.) 100-29, Ex. at 35-47.). (Doc. . U at 58:20-59:11. 14 to Ex. No. No. (Id. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Because a party to a transaction is broader than a party to a contract, the fact that CGP and Nanula were not parties to the PSA is not dispositive. A.) 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. Why is this public record being published online? First, NPT has not pointed to any evidence showing that CGP and Ridgewood's partnership was a fact basic to the transaction. Nos. (Id. at 67-69.) 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. 149-1 at 169. No. 100-5, Ex. 100-34, Ex. 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. Whether the Concert Defendants were parties to a transaction with PCC for purposes of 550 and 551 is a closer call. X at 67:11-13; see also id. A (November 1, 2016 Proposal from CGP to PCC stating the key financial components of the transaction).). During oral argument, NPT implied that this inconsistency in testimony rendered Meyer not credible. 149-1 at 30-31.) 100-18, Ex. No. at 29; see also Doc. Therefore, even without compensatory damages, an insurer can be liable for nominal damages for violating its contractual duty of good faith by failing to settle. . A. (See id.). 100-5, Ex. 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. 20-6127, 2021 WL 6106423, at *1, *5 (E.D. 11.) . at 2-3 (The primary motivation behind my resignation has been Concert Golf's refusal to respond to my repeated requests (i) to confirm in writing . 125-3, Ex. A (Given these benefits and the operational and management obstacles we continue to experience, the Board of Directors is pursuing a transaction with [CGP]); Id. (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. ), Because NVR is a homebuilder and does not engage in real estate development, it assigned its agreement with PCC to NPT, a developer. Pa. Oct. 23, 2015) (Plaintiffs in this case fail to allege an actionable underlying fraud that the Foundation could have aided and abetted . Amanda Ellen B. Clay(Designation Retained), Gabrielle Elizabeth Klepper(Designation Retained). No. 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.). In re Rumsey Land Company, LLC is instructive as to whether the Ridgewood Defendants were parties to a business transaction under 551. 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. 173.) ), 1. . Litig., 90 F.3d 696, 714 (3d Cir. A.) The Judges overseeing this case are Anthony E. Porcelli and James S. Moody. Hearing on PGCCs motion that the Court decide the entire case (all claims by the The Class) without a trial. (explaining, by way of example, that a defendant is subject to liability if he reads a contract to the plaintiff and omits a portion of it or if he arranges stacks of aluminum sheets that he is selling [so] as to conceal defective sheets in the middle of the pile). Defendants file a Motion for Summary Judgment requesting that the Court decide the entire case based on the evidence without the need for trial. . 124-1 at 29. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 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. 1 at 177-85.) (Id.) In this same vein, a fraudulent inducement claim premised on an the allegation that a party to the contract never intended to abide by a provision in the contract is barred by the gist of the action doctrine. Co. v. Coutu, Case No. Updated: Feb 28, 2023 / 05:11 PM EST. No. The transaction closed on or around March 1. Nanula forwarded the materials from Silverman to CGP's consultant, Thomas Moran, to prepare a pro forma analysis. 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. 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. 17 to Ex. No. (Doc. No. A (Meyer's December 20, 2016 email to Silverman forwarding NPT's revised proposal, stating, Hot off the press. A. On January 21, 2017, Grebow emailed Nanula and Plotnick about his meeting with the Township, stating that the manager for the Township [d]idn't flinch on the 160 units and wanted a $1 million contribution for traffic and for the club to be age-restricted in return. Plotnick added, In the meantime, we will continue to stand on the sidelines and let you do your thing. 100-29, Ex. This case was filed in No. . No. 100-28, Ex. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (citation omitted). (Id. Attorneys at mctlaw believe you deserve the amount originally and contractually promised when you purchased an equity membership. 21 to Ex. 117 F.Supp.3d 673 (E.D. Credibility determinations, the weighing of evidence, and the drawing of legitimate inferences from those facts are matters left to the jury. A.) Corp., 66 F.3d 604 (3d Cir. 125-4, Ex. On 06/06/2016 Polge filed a Civil Right - Employment Discrimination lawsuit against Concert Golf Partners, LLC. NPT has not cited a single case suggesting that an individual or entity can be held to have a duty to disclose and be responsible for clarifying a partial or ambiguous statement that it did not make. 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 244:8-23.) Meyer testified that it would have been disconcerting to hear that Nanula had been speaking with another potential buyer about not approaching Philmont. (Doc. (Doc. at 682. 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. (Id. at 23. (See Doc. 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. 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. 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). No. No. (Id.). (Doc. Pa. Jul. Nanula responded, It looks like Marty was involved in a muni bond-rigging scandal in the late 1980s, and that it would be hard for [CGP] to work with him based purely on reputation concerns. (Id.) ), On September 9, two days after the meeting, counsel circulated a proposed Seventh Amendment to the AOS, which included purchase price adjustments. NN at 267:21-268:1. A, #3 & #5.) Concert Golf is a boutique operator of private golf and country clubs focused on providing high-quality lifestyle offerings and amenities for its members. The Concert Defendants argue that the fraud claim should be dismissed because it is barred by the statute of limitations, the gist of the action doctrine, and the economic loss doctrine, among other reasons. This case was filed in U.S. District Courts, Florida 149-1 at 75; Doc. 11 (January 20, 2017 email from Grebow to Nanula, stating Meeting with the manager went well . Co., 920 F.Supp. 100-8, Ex. (Doc. 1. 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