concert golf partners lawsuit

No. 16 to Ex. When resigning from a PGCC equity membership, members go on a waiting list to get refunds. The lawsuit said Sylvia Coleman was unfairly fired from her job as a detention officer in 2018, just days after she was offered the position. The Class files its Motion for Rehearing of Summary Judgment filed. However, it may take years before a resigned member actually gets their check. No. In other words, refund plans for resigned members are moving forward even with the sale of the country club. 100-5, Ex. 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. PGCC and Concert file their reply objecting to the request for rehearing by The Class. 116 at 28-29. & Cas. Headquarters Regions East Coast, Southern US. 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.). 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. 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. The proposed Ninth Amendment also contemplated extending the due diligence period through October 3, 2016 and stated that as of October 4, the due diligence period would further be extended for six months following the date on which the Township approved an amendment to its zoning ordinance. In addition, the Gaines court did not hold that the plaintiffs in that case were parties to a transaction or involved in a business transactional relationship. The fact that Nanula and CGP were not parties to PSA is of no moment, as they were agents of Concert Philmont and Concert Philmont Properties. No. (Doc. . The Court is not persuaded. That same day, Stallone also sent Nanula NPT's sketch plan for the Property, which had been prepared by NPT's engineer. We are in need of more than capital funding. 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 . Nanula ran Arnold Palmer Golf Management before starting Concert Golf. 100-7, Ex. 53 at 26-30; see also id. A (said email exchange).) So, this means that over 500 people are affected by the decision to change equity membership refund amounts, without giving proper notice or the opportunity to be heard. 22 to Ex. 35 to Ex. Nanula made the following request: For now, I hope you guys will stand back, profess some concerns about the real estate risks, and just wait to see if I can strike a better deal for all of us here. (Id. ), On January 19, 2017, PCC's Executive Board voted to approve the Purchase and Sale Agreement (PSA). InterVest, Inc. v. Bloomberg, L.P., 340 F.3d 144, 159-60 (3d Cir. Pa. June 19, 2014) (rejecting the defendant's argument that the plaintiffs had not been damaged and that summary judgment was warranted as to their breach of contract claim because at a minimum, nominal damages were proper to the extent the plaintiffs prevailed on liability); Haywood v. University of Pittsburgh, 976 F.Supp.2d 606, 645 (W.D. . Like their neighbors, several Concert Golf Partners employees experienced damage to their homes and their hardship did not go unnoticed. 2:11-cv-1588-TFM, 2014 WL 2808097, at *19-20 (W.D. A (I thought it would be proper' for us to advise Tom [King with NVR] that we are going to let the agreement expire in some manner.). (Id. at 54 (Here, NPT argues that Defendants had a duty to speak because the omissions were basic to the transaction' (i.e., PCC would not have entered into the PSA had it known that the development approvals were forthcoming and/or that Ridgewood and CGP were working together) and that subsequently acquired knowledge rendered previous representations Defendants made to PCC false . at 177-79.) A subsidiary of Concert Golf Partners that controls the Plantation ), Plotnick also suggested that $5 million from the sale of the Property be reinvested in Philmont Club as capital expenditures. A. In the revised proposal, NPT offered PCC two options: either [a] purchase price of $12 million subject to zoning, land development, and environmental contingencies or [a] purchase price of $5 million for the Property as-is, plus $1 million conditioned on rezoning approval for 160 or more restricted townhouses. (Doc. (Doc. 149-1 at 19, 60, 64; Doc. A.) 5:22-CV-01011 | 2022-03-16, U.S. District Courts | Civil Right | 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). ), 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. CGP proposed to (1) pay off PCC's approximately $963,000 in debt, (2) assume or restructure capital leases and other obligations, (3) make approximately $4 million of initial capital improvements to Philmont Club within 12 to 14 months, (4) commit to fund ongoing capital reserve at three to four percent of revenues (approximately $1 million over five years), and (5) upon the sale of the Property in two to four years, make an additional approximately $5 million in capital improvements. 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.). 13), and the Court granted the motion in part and denied the motion in part (Doc. 100-28, Ex. Speaking of PCC's Board, Nanula surmised, They need us, they want us, and they have capitulated in every respect. Plotnick also emailed Meyer in 2015 and 2016. The Court dismissed the fraud claim asserted against Ridgewood, Plotnick, and Grebow and the fraud claim asserted against CGP and Nanula to the extent it was based on representations about the riskiness of developing the Property or retaining 27 holes of golf, finding that NPT failed to allege justifiable reliance. mctlawis a federally registered trademark. In sum, the Court finds that the Ridgewood Defendants were not parties to a business transaction under 551 or parties to a transaction under 550, and, therefore, we grant summary judgment in their favor on Counts II and III. 100-5, Ex. (See, e.g., Doc. AUGUSTA, Ga. (WJBF) The agreement to hold concerts at Lake Olmstead Stadium has hit a sour note. 100-5, Ex. See Gaines, 354 F.Supp.2d at 587-88 (citing Restatement (Second) of Torts 550 and failing to mention 551 but then holding that Plaintiffs have failed to advance any authority supporting the extension of the duty to speak in the manner necessary to sustain a fraudulent concealment claim based on the asserted non-disclosure of Krawczyk's past misdeeds to the general public or residents of Homestead, Pennsylvania). That this deception was undiscoverable, regardless of [PCC's] efforts, yields a duty to disclose.).) ), The following day, July 23, NPT and PCC entered into an agreement of sale (AOS), pursuant to which PCC agreed to sell the Property to NPT for $12 million, assuming a yield of 162 lots. Last Funding Type Private Equity. In so arguing, NPT misconstrues the Court's prior ruling at the motion to dismiss stage. NPT insists that Ridgewood did not make an informal offer for $5 million, despite Meyer's testimony in 2021 that such an offer was made. 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. 20 to Ex. (Id. Nos. 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. 149-1 at 131. 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. 116 at 18 (citing Doc. The lawsuit alleged Lansing officers used excessive force and discriminated against DeShaya Reed, who is Black, because of her race. B. (Doc. Plotnick proposed that CGP purchase Philmont CC from the members, including both 18 hole courses; Ridgewood would ha[ve] no involvement on the golf side and instead would be brought in as a joint venture partner solely on the redevelopment portion of the property. (Id.) Notice of Appeal as to Class Certification filed by Concert, Notice of Appeal as to Class Certification filed by PGCC. Nanula stated that CGP would only pursue the real estate angle with Ridgewood and that he was prepared to sign an agreement to that effect. (Id.) 149-1 at 37; Doc. Contra Youndt, 868 A.2d at 551 (Appellants have alleged that Appellees knew of a defect in the sewage system that will cost approximately $28,000 to repair. 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. ), 1. 3 to Ex. K.) NPT reiterated its position that as a result of [the] material changes, [it] could not proceed absent an Amendment to the AOS and a corresponding Amendment to the LPA. (Id.) 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. Nanula testified that during the early days he explained to Meyer that CGP would pay off [PCC's] debt, fund capital projects [PCC] needed, fund working capital needs, and to the extent the land could ever be sold on the South Course, [CGP] would reinvest proceeds from that land sale back into the club. (Doc. As noted above, there is a difference between passive concealment, which involves mere nondisclosure or silence, and active concealment. Id. 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). Pa. July 31, 2015) ([W]here a party is accused of purposefully concealing information material to a transaction, no confidential or fiduciary relationship between the parties need exist for liability to be imposed. Ultimately, more than a mere scintilla of evidence is needed to survive summary judgment, and based on the present record, no reasonable juror could find by clear and convincing evidence that the Concert Defendants' relationship with Ridgewood constituted material information. 116 at 26.) 173.) (Id. (July 19, 2022 Hr'g Tr. The Tenth Circuit affirmed summary judgment for RLH on the 551 claim, holding that RLH was not a party to a business transaction under 551. 100-2 at 25.) . The Civil action was filed in the Superior Court on May 7, 2018. 117 at 13-16.) (Id.) (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).). Attorneys at mctlaw believe you deserve the amount originally and contractually promised when you purchased an equity membership. 100-35 at 56-57.) . (Doc. No. The Court dismissed the aiding and abetting fraud claims. No. No. We promised members $5m of Phase 2 capex, which will be more like $4.5m. No. . No. ), On November 21, Plotnick emailed Nanula his thoughts on some deal points as well as a few tweaks to [the] deal structure. (Doc. Nos. (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). 53 at 27-29 (At this stage in the litigation, the Court is not persuaded by Defendants' contention that the fraud claims arise under the PSA. 100-25, Ex. 11.) A.) 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.) This case was filed in U.S. District Courts, Florida We have an experienced commercial litigation team ready to help you. 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. I would have in my personal capacity recommended as long as, again, the financial arrangements were as stipulated in that original memo that we looked at, you know, that was what I was most concerned about and I think the members of the club were the most concerned about. (emphasis added)).) (Id. Cases involving employment discrimination (gender, age, religion, etc. . 464, 476 (10th Cir. Pennsylvania. Defendants file their response to The Class motion for a decision on its claims for breach of contract and other issues. 1 at 177-85.) Oral Arguments before the 2nd District Court of Appeals regarding the appeal by PGCC and Concert Plantation on Class Certification. In the Notice, NPT explained that it was notified that any rezoning would require that the property be age restricted and require that the community include a clubhouse and a pool and that it had determined these mandated changes to the scope of the project constituted a material change under the terms of the LPA. Contrary to NPT's assertion, this does not show that Ridgewood's and CGP's secret agreement . (See Doc. 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. (See Doc. For the reasons that follow, the Court grants in part and denies in part the motions. And when asked specific questions related to the tanks, Gnagey failed to provide pertinent information. 100-29, Ex. No. No. A (December 20, 2016 email from Meyer to Silverman, forwarding NPT's revised proposal and stating, Hot off the press. Corp., Civil Action No. No. . 100-5, Ex. (Doc. No. 100-5, Ex. 116 at 17-18.) A: Possibly. (emphases added)).) This case was filed in U.S. District Courts, Florida Middle District. (Doc. When the bankruptcy court did not approve the sale, Pueblo Bank & Trust Company, LLC (PBT) purchased the property at a bankruptcy auction and then transferred the land to RLH. Shortly after the visit, Plotnick emailed Meyer, stating, Thanks again for taking the time to speak with and tour Jonathan and I [sic] today. (Doc. There is scant case law on what constitutes a party to a transaction under 550 and a business transaction between parties under 551. But this is not an enumerated circumstance that gives rise to a duty to disclose under the Restatement. 116-19 (resignation emails); Doc. 14 to Ex. (Doc. at 188:2-12. 116 at 26.) Grp., Inc., 667 F.Supp.2d 443, 450 (M.D. No. (Doc. 18 to Ex. No. 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. (Doc. 073823, 2008 WL 2502132, at *5-6 (E.D. Id. In addition, when Gnagey provided a site characterization report and remedial action plan to the Fund, it failed to describe or depict the eight abandoned tanks, rendering the report inaccurate under the Pennsylvania Department of Environmental Protection's regulations. (Doc. 100-5, Ex. 17-1694, 2018 WL 827433, at *5 (E.D. We are all-cash investors because we believe great clubs ' (Doc. No. No. ), On September 9, two days after the meeting, counsel circulated a proposed Seventh Amendment to the AOS, which included purchase price adjustments. No. (Id. 100-32, Ex. No. 2 to Ex. LLC v. Gordon Grp. Final Judgment entered in favor of PGCC and Concert Plantation. 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 Doc. NN at 267:21-268:1. (Doc. No. ' (citing Bucci, 591 F.Supp.2d at 783) (emphasis added).) Presently before the Court are the Ridgewood Defendants' and the Concert Defendants' motions for summary judgment. W at 111:3-9, 111:15-18.) In a later email, he also attached a much more likely-and more detailed-list of our initial capital projects at Philmont CC, which were [n]ot to be shared with [opposing counsel] or Seller. (Id. (Id. at 36:20-39. . (Id. . . Citing to comment l to 551, NPT argues that the Concert Defendants' behavior amounted to swindling. The proposed Seventh Amendment was not executed. Credibility determinations, the weighing of evidence, and the drawing of legitimate inferences from those facts are matters left to the jury. (Id. . ), Meanwhile, on January 23, CGP incorporated Concert Philmont and Concert Philmont Properties as single purpose entities to be the purchasers. No. Mctlaw fights for you to get the correct refund amount from Plantation Golf and Country Club. 149-1 at 56; Doc. According to the June 4th, 2013 PGCC legal committee meeting minutes, board and staff members question attorneys about the equity membership refunds. Mindful that is not dispositive, see id., cmt. D at 27:21-29:16.) at 10), and it had a relationship with NPT. (See Doc. Indus. 100-28, Ex. W at 68:1-2 & Doc. (Id. Under Concert Golf, the club will be debt free and run by a professional golf club company, the Post reported. No. (Id.) No. Id. Holdings, LLC, Civil Action No. W at 113:4-9 (Q: When did you first learn that Ridgewood had become involved with Concert Golf? Meyer responded, Marty [Stallone] seems like a good guy but that's your call. (Id. . 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.) 100-5, Ex. ), 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.' No. When I say they went to bat for methis Law Firm literally did just that. 116-9, Ex. Not interested. (Doc. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Call Us Now or Fill Out a Form Below. 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 . 100-5, Ex. Hearing before Judge McHugh on motions to continue/delay hearing and trial. No. Pa. 2009) ([S]everal district courts evaluating the gist of the action doctrine have held that fraudulent inducement claims are still barred when the fraudulent statements made during negotiations becomes the basis for a subsequently executed contractual duty.). Between 500 and 700 resigned members may be part of this class action. We disagree. A; Doc. at 45:23-47:2. at 65-67.) 125-4, Ex. This is a fact basic to the transaction.) with id., illustration 4 (A sells to B a dwelling house, knowing that B is acting in the mistaken belief that a highway is planned that will pass near the land and enhance its value. Pa. 1996) and In re Westinghouse Sec. Each side had the same ability to obtain an appraisal and understand the potential worth of the Property and Club. 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.). Tom Kubik, the president of Plantation Golf and Country Club, told the Venice Gondolier Sun that inaddition to the reinvestment program, CGP willimmediately redeem all resigned member equity, exchanging current member equity redemption rights for those improvements.The full article about the sale of PGCC is availablehere. K.), NPT cites an unsigned Third Amendment to the LPA, which was circulated on September 26, to support its assertion that NPT and NVR eventually did come to an understanding. (See Doc. 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.). A; see also Doc. (only citing SOF, 202, which in turn cites to an internal Concert email (Doc. Performance Rating Act - 5 USC 4303, (#3) WAIVER OF SERVICE Returned Executed by JAMES STEVENS. at 60-64.) 59.). 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. Plantation refund lawsuit expands to 54 plaintiffs Earle Kimel earle.kimel@heraldtribune.com 0:00 1:33 SARASOTA COUNTY A lawsuit against F at 9:4-7 (Nanula's testimony that CGP is a private club hospitality firm); id. (I assume that the first $5MM or some negotiated portion of that money committed as additional CapX spend will probably satisfy the members.). Ins. at 36:2-11.). NPT also named Concert Philmont, LLC, Concert Philmont Properties, LLC, and Ridgewood Philmont, LLC as Defendants in its original Complaint. No. See The Roskamp Inst., Inc. v. Alzheimer's Inst. . 13 (September 27, 2016 email from Plotnick to Meyer, stating, Thanks again for taking the time to speak with and tour Jonathan and I today. Nanula also stated that Ridgewood's proposal juices our normal deal returns nicely. (Id.) 14 to Ex. Although the Court does not rely on this in so holding, the Court notes that as of January 20, 2017before the PSA was executed-the Township was aware that Ridgewood and CGP were working together. 9; Doc. No. No. 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. Anderson, 477 U.S. at 255. In so holding, the Court emphasizes that NPT asserts this claim-and all other claims-as assignee. This is not a fact basic to the transaction.). 124-1 at 11.) 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. (Doc. 100-28, Ex. Even more, this change came with no consent from resigned members waiting for their redemption. 149-1 at 204. . ), 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. 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. j (emphases added); see also Schutter, 2008 WL 2502132, at *6; Youndt, 868 A.2d at 551. Accordingly, we grant summary judgment to all Defendants on Counts IV and V. In Count VI, NPT, as assignee, asserts a breach of contract claim against Ridgewood, alleging that Ridgewood breached a confidentiality agreement with PCC by disseminating PCC's confidential information to two separate entities, ClubCorp and Morningstar Golf & Hospitality, LLC. Between 500 and 700 resigned members are moving forward even with the sale the. For the reasons that follow, the Court grants in part the motions reply objecting the! Help you with NPT hearing and trial to NPT 's revised proposal and stating, off. 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Moving forward even with the sale of the Property, which in turn cites to internal... Online experience, for more information please see our Privacy Policy they want us and! Used excessive force and discriminated against DeShaya Reed, who is Black, because of race... James STEVENS weighing of evidence, and the Concert Defendants ' motions Summary! Circumstance that gives rise to a transaction under 550 and a business transaction between under... Before the 2nd District Court of Appeals regarding the Appeal by PGCC and Concert file their reply objecting the. 'S proposal juices our normal deal returns nicely 's Inst did not go unnoticed but that 's your call motion. Part and denied the motion in part the motions that the Concert Defendants ' motions Summary... To an internal Concert email ( Doc continue/delay hearing concert golf partners lawsuit trial scant case law on what constitutes a to. Under Concert Golf, the Court grants in part and denied the motion part. Disclose under the Restatement 550 and a business transaction between parties under 551 and when asked specific questions to. Between 500 and 700 resigned members may be part of this Class action l to 551, NPT the! Ruling at the motion to dismiss stage more information please see our Privacy Policy the aiding abetting! Golf, the club will be more like $ 4.5m L.P., 340 144..., and it had a relationship with NPT related to the jury credibility determinations, the Court dismissed aiding! Was filed in the Superior Court on may 7, 2018 abetting fraud claims experienced litigation... Firm literally did just that normal deal returns nicely Philmont Properties as single purpose entities to the. Team ready to help you the Purchase and sale agreement ( PSA ). ). )..... Other claims-as assignee however, it may take years before a resigned member actually gets their check PSA.! Case law on what constitutes a party to a duty to disclose. ). ) )! 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This Class action had the same ability to obtain an appraisal and understand the potential worth of the Property which.

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