(See Doc. No. No. Scrape 2.5m here.; and (3) Split remainder 60-40. (Doc. No. Ins. at 97. A; Doc. 100-19, Ex. 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. Under Section 21 of their agreement of sale, NVR was given the option to assign the agreement to a third-party or terminate the agreement and simultaneously execute a substantially identical agreement of sale between PCC and a third-party. ), Because NVR is a homebuilder and does not engage in real estate development, it assigned its agreement with PCC to NPT, a developer. . (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. M.) The proposed Ninth Amendment had the same purchase price adjustment provisions as the proposed Seventh Amendment (which was not executed). No. 100-5, Ex. See Restatement (Second) of Torts 551, comment l (In general, the cases in which the rule stated in Clause (e) has been applied have been those in which the advantage taken of the plaintiff's ignorance is so shocking to the ethical sense of the community, and is so extreme and unfair, as to amount to a form of swindling, in which the plaintiff is led by appearances into a bargain that is a trap, of whose essence and substance he is unaware . The Judges overseeing this case are Anthony E. Porcelli and James S. Moody. (See id. . No. ), The next day, on September 26, NPT sent PCC a proposed Ninth Amendment to the AOS. A subsidiary of Concert Golf Partners that controls the Plantation (Id. (Doc. . No. (Id. (Doc. No. No. 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. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 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. W 54:10-54:22 (Q: [I]f you knew that Mr. Nanula was promising to spend $5 million . (Id. 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. ' (citing Bucci, 591 F.Supp.2d at 783) (emphasis added).) W, 54:10-22).) 116-5, Ex. Full title:NORTH PENN TOWNS, LP, directly and as assignee of Philmont Country Club, Court:United States District Court, E.D. Nos. . O.) 100-5, Ex. No. (Id.) at 62:16-64:3 (explaining that CGP buys and manages country clubs but that technically each country club is owned by an individual singlepurpose entity); see also Doc. ), Ridgewood. . 100-5, Ex. 20 to Ex. No. Civil Action 19-4540-KSM (E.D. 12 to Ex. According to Meyer, given that PCC had been negotiating for quite a while, the fact that the two firms [PCC] had agreed to work with were really not on the same page and not getting along very well caused [him] to question whether or not this was something that [PCC] wanted to proceed. (Id. The Court finds that there is no genuine issue of material fact that the Concert Defendants did not have a duty to disclose its relationship with Ridgewood to PCC. (Doc. 100-28, Ex. 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. (Doc. As noted above, the Restatement does not provide that a duty to disclose arises where one party is the only source of information to the other party. Bucci also cites to Duquesne Light Co. v. Westinghouse Elec. See Bucci, 591 F.Supp.2d at 783. However, the Court permitted the fraud claim against CGP and Nanula to proceed to the extent it was based on the representation that they would spend $5 million in capital improvements. 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.) 149-1 at 58.) 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. Accordingly, the Court denies Ridgewood's motion for summary judgment as to the breach of contract claim. Plotnick also requested that Meyer share with him information about the Property and Philmont Club's financials. Landsberg lodged a similar complaint. . Equal Employment Opportunity Act (EEOA) - 42 USC 2000e If you do not agree with these terms, then do not use our website and/or services. at 36.). 149-1 at 54; Doc. But, at the summary judgment stage, the Court may not make credibility determinations. 3:21-CV-00816 | 2021-04-08, U.S. District Courts | Other | (Doc. 149-1 at 12.) Meyer testified that it would have been disconcerting to hear that Nanula had been speaking with another potential buyer about not approaching Philmont. ), to Plotnick's knowledge, there were no governmental approvals issued, or even applied for, that would permit the development of the Property with 160 or more units as of that date (see Doc. 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. the club still may have moved forward given the situation it was in. (Id. The Motion by Concert Plantation and PGCC is DENIED. Plotnick added, In the meantime, we will continue to stand on the sidelines and let you do your thing. 5 (September 16, 2014 email in which Nanula wrote, Spoke to Glenn Meyer. No. WebDocket for NORTH PENN TOWNS, LP v. CONCERT GOLF PARTNERS, LLC, 2:19-cv-04540 Brought to you by the RECAP Initiative and Free Law Project, a non-profit dedicated to creating high quality open legal information. Like their neighbors, several Concert Golf Partners employees experienced damage to their homes and their hardship did not go unnoticed. 101-1 at 6 n.2, 17.) 100-35 at 25-27.) (Doc. . . Section 550 applies to fraudulent concealment claims (i.e., active concealment), while Section 551 applies to fraudulent nondisclosure claims (i.e., mere silence). No. 100-5, Ex. 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. No. Nanula also stated that he would work on a preliminary proposal to share [that] week. (Id.) No. On September 10, Silverman provided Nanula with the requested information and noted that [t]he real estate deal [was] with NVR, Inc. not Toll Brothers. (Doc. NPT is upset that Ridgewood and CGP partnered together to create a better business deal on their ends and received significant profits as a result of their partnership, while NPT was left out and received nothing. Also, on September 27, Meyer met with Plotnick and Grebow, the President and CEO of Ridgewood, at Philmont Club to discuss Ridgewood's interest in the Property. You will see. 1 to Ex. He served 4 years of active duty service in the Army as a Judge Advocate with the rank of Captain. In so arguing, NPT misconstrues the Court's prior ruling at the motion to dismiss stage. (ii) to honor its commitment to retain 9 holes of the South Course (or to at least offer an acceptable alternative in light of its refusal to comply with the terms of our Agreement of Sale regarding the South Course), (iii) to provide evidence of the capital it has spent to date, (iv) to provide evidence of its retention of the capital reserves generated as a percentage of Member revenues as required under our Agreement of Sale, and (v) to create and implement a business plan that honors its obligations under our Agreement of Sale to return Philmont to an elite' country club status.).) No. No. See generally id. 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 at 5357.) Nice guy . 100-28, Ex. (See Doc. Pa. June 23, 2008); Youndt v. First Nat'l Bank of Port Allegany, 868 A.2d 539, 550 (Pa. Super. (See, e.g., 123-5, Ex. A; Doc. 116 at 18 (citing Doc. 100-5, Ex. . Contrary to NPT's assertion, this does not show that Ridgewood's and CGP's secret agreement . 149-1 at 50. 100-28, Ex. No. No. 2019). To the contrary, Russell complained that CGP did not abide by the terms of the PSA. 100-10, Ex. T at 6; see also id. (See Doc. The Court found that the fraud, antitrust, and civil conspiracy claims NPT asserted as assignee did not arise out of the PSA and, therefore, were not barred by the Limited Assignment of Claims between NPT and PCC. Silverman testified that, had Ridgewood reached out to. 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. 6:18-CV-01685 | 2018-10-09, U.S. District Courts | Other | D at 29:13-22. ), F. PCC Engages in Separate Discussions with NPT, Ridgewood, and CGP About Selling the Property and/or Philmont Club, After NPT terminated the AOS on September 26, PCC had separate discussions with NPT, Ridgewood, and CGP about potential deals. The hearing and the trial will move ahead as scheduled. at 10), and it had a relationship with NPT. (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.). . Between 500 and 700 resigned members may be part of this class action. Stallone, who knew of CGP's proposal, responded by comparing NPT's offer of a guaranteed $5 million for the Property to CGP's proposal: [I]f the club accepts the offer on the table from Center [sic] Golf, it only gets $5 million for the same land and that $5 million is at risk with contingencies. (Id. No. CGP and Ridgewood's Initial Interactions in Fall 2016, In September 2016, Nanula met Plotnick at an industry conference. (See Doc. 149-1 at 47. 11 (January 20, 2017 email from Grebow to Nanula, stating Meeting with the manager went well . (Id. Accordingly, the Court now turns to the Concert Defendants' remaining arguments on these Counts: first, we consider whether there was a duty to disclose, giving rise to a fraudulent nondisclosure claim under 551, and second, we consider whether there are sufficient facts to show that the Concert Defendants actively concealed their relationship with Ridgewood from Defendants and that their relationship was material to the transaction, giving rise to a fraudulent concealment claim under 550. A (Sent Glenn a proposal yesterday . ), 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. The Class provides the Court with its arguments explaining that there are fact issues that need to go to a jury to decide. A.) The Class files its Motion for Rehearing of Summary Judgment filed. Plotnick testified that he spoke with Meyer that same day and that Meyer told him PCC was under contract to sell the Property. No. 2:18-CV-05122 | 2018-11-28, U.S. District Courts | Civil Right | 3 to Ex. ), CGP is involved in the golf club industry. 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. Really like that we are planning on utilizing 1 clubhouse and not 2. (emphasis added)).) WebImpact Investing. Id. (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. 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.) As an experienced leader in these types of lawsuits, we were confident the firm would have the expertise. 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 following week, on October 10, Plotnick emailed the same documents to Matthew Glavin at Morningstar Golf & Hospitality, LLC. U.S. Courts Of Appeals | Other | . 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. (Id. Uhm, the bunkering that they've done . 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.) Notice of Appeal as to Class Certification filed by Concert, Notice of Appeal as to Class Certification filed by PGCC. . 1995) to support its duty to speak test. Headquarters Regions East Coast, Southern US. No. Accordingly, the Court grants summary judgment to the Concert Defendants on Count I. ), At the suggestion of PCC, the Concert Defendants also had brief communications with developer, NPT/Metropolitan, around this same time frame. at 28. 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. We disagree. (See Doc. Id. "Concert Golf's value-added approach to operating clubs, combined with its operating expertise, has positioned the Company well to bring its best practices to new locations and enhance the experience for private club members," added Dilshat Erkin, Senior Vice President at Clearlake. ), Ridgewood and CGP continued to keep in touch as things moved ahead with CGP and PCC. (Doc. No. 11.) Moreover, the fact that Ridgewood and CGP stood to make a significant profit working together is also not basic to the transaction. 100-5, Ex. Seven to fourteen times Ridgewood's initial investment of $500,000 is $3.5 million to $7 million. To the contrary, the evidence shows that PCC did not even attempt to create a bidding war to drive up the sale price to increase its own profit when it received NPT's revised proposal in December 2016. F at 9:4-7 (Nanula's testimony that CGP is a private club hospitality firm); id. 5 to Ex. ), On February 1, PCC's membership voted to approve the PSA. ), Nonetheless, according to Meyer, even if another offer were available, PCC may have still moved forward given its financial predicament and its desire to no longer operate the Club. NPT failed to cite a single case supporting its position that CGP and Ridgewood's relationship was basic to the transaction. No. But the only relevant question here is what facts PCC-not NPT-would have considered basic to the transaction. 59 at 27-32.). No. (Doc. 14 to Ex. Instead, driven by its distressed financial position, it chose to take the only deal on the table other than NPT's. No. Meyer replied, Marty seems like a good guy but that's your call. (Id. 16 (October 19, 2018 resignation email from Mitch Russell, stating, There is no regard for the agreement between Philmont and Concert golf [sic] and I will clearly go on the record of saying Concert stole Philmont and to date has yet to live up to any of the declarations in the agreement . No. 944 F.3d 1259 (10th Cir. 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. The Court dismissed the aiding and abetting fraud claims. (See id. 116-14, Ex. 149-1 at 20.) (Doc. Ridgewood moves for summary judgment on this claim, arguing that because Silverman testified that PCC suffered no damages from Ridgewood's breach, NPT cannot prove an essential element of a breach of contract claim. Concert Golf Partners is a boutique operator of private golf and country clubs headquartered in Lake Mary, FL. They are not putting up any real capital at all here, and asked Cicero for his thoughts. . 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. 101-1 at 11.) Nanula predicted that he would be in front of [PCC's] Board or at least Executive Committee by midNovember and will see if a consensus can be reached on our proposal. (Id.) Restatement (Second) Torts 551(1) (One who fails to disclose to another a fact that he knows may justifiably induce the other to act or refrain from acting in a business transaction is subject to the same liability to the other as though he had represented the nonexistence of the matter that he has failed to disclose, if, but only if, he is under a duty to the other to exercise reasonable care to disclose the matter in question.). Legal Name Concert Golf Partners, LLC. No. The key difference between the two is that a defendant can only be held liable for fraudulent nondisclosure under 551 if a duty to disclose exists, while a defendant can be held liable for active concealment under 500 even if a duty to disclose does not exist. On 12/31/2018 STEVENS filed a Civil Right - Employment Discrimination lawsuit against CONCERT GOLF PARTNERS. The Civil action was filed in the Superior Court on May 7, 2018. Viewing the facts in the light most favorable to NPT and drawing all inferences in NPT's favor, the Court infers from the fact that Plotnick and Meyer had several phone calls in October 2016 that there were ongoing discussions about Ridgewood's interest in purchasing a portion of the Property or the entire club. ), 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. No. No. 100-5, Ex. (ii) to honor its commitment to retain 9 holes of the South Course (or to at least offer an acceptable alternative in light of its refusal to comply with the terms of our Agreement of Sale regarding the South Course), (iii) to provide evidence of the capital it has spent to date, (iv) to provide evidence of its retention of the capital reserves generated as a percentage of Member revenues as required under our Agreement of Sale, and (v) to create and implement a business plan that honors its obligations under our Agreement of Sale to return Philmont to an elite' country club status. (emphasis added)). Not interested.).) No. As a kicker' if we are fortunate enough to get the zoning approval we are seeking, we will add another $1 million to the purchase price for a total of $6 million.); id. (See Doc. 149-1 at 59. Case Summary. No. 53 at 26-29 (discussing gist of the action doctrine) with id. A.) . 2:19-CV-04540 | 2019-10-01, U.S. District Courts | Labor | at 29; see also Doc. Concert Golf Partners bought Blue Hill CC in 2015, after the club was struggling with about $5 million First, in the Court's August 18, 2021 Memorandum, the Court sua sponte considered the gist of the action doctrine in determining whether fraud claims arose under the PSA. & PowerReit, No. I cant recommend this firm enough. Id. (See Doc. A.) 59.) 2000))); Boardakan Rest. 100-28, Ex. No. A [Meyer]: Uhm, I don't recall, but it was a significant time frame after we completed the sale.).) Presently before the Court are the Ridgewood Defendants' and the Concert Defendants' motions for summary judgment. 1996) (citation omitted). Agreed Order is entered by the Court to simplify the discovery process. ), Plotnick also suggested that $5 million from the sale of the Property be reinvested in Philmont Club as capital expenditures. 149-1 at 37.) then the claim is to be viewed as one for breach of contract. (Id. See Leprino Foods Co. v. DCI, Inc., 727 Fed.Appx. Co. v. Pittsburgh & W.Va. R.R. (See Doc. 100-29, Ex. He said they were working on a deal with a RE developer, and could not do anything else right now. (See id. ), Fields forwarded Nanula's email to PCC's then-Treasurer, Sam Silverman. ), In its response, NPT asserts that the Concert Defendants' argument that the gist of the action doctrine bars the fraud claim necessarily fails because the Court already found the gist of the action doctrine inapplicable. (See Doc. 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. at 13:1-3; id. No. Pa. Apr. 100-5, Ex. (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). ), 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. (Id. 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.) 100-6, Ex. 100-43, Ex. No. No. . at 36:2-11.). We disagree. (emphasis added). Thus, PCC could have learned this information (Ridgewood and CGP's relationship) from the Township, and not just the Concert and Ridgewood Defendants. 100-5, Ex. that wouldn't have sat well with me, nor the members of the club.).) 125-4, Ex. NPT relies on the evidence of disgruntled members to support its contention that Ridgewood and CGP's relationship was material. (Doc. MM at 186:17-188:12 (Meyer testifying that on November 2, 2016, he told Nanula he believed that PCC would receive the full proceeds of the sale of the Property to go towards capital improvements (i.e., phase two of the capital improvements projects) instead of just $5 million, that he ultimately understood Nanula's rationale to limit PCC's recovery to $5 million of the proceeds of the sale of the Property given the risks and costs of the development process, and that he decided to move forward with the transaction anyway because PCC was in a position of financial weakness and didn't really have a whole lot of room to negotiate); Doc. (Compare Doc. Neither of these situations is present here. Even drawing all inferences in Plaintiff's favor, PCC's conduct illustrates what was material to the transaction- PCC's need to obtain an operator for the club and capital funding given its distressed financial situation, not whether CGP would maximize its profit from the deal. Co., 920 F.Supp. (Id. W at 119:20-120:6; see also id. These are self-serving business practices in action at the expense of resigned members. July 18, 2014) (The New Jersey Supreme Court has held that proof of actual damages is not necessary to survive summary judgment on a breach of contract claim: the general rule is that whenever there is a breach of contract . at 118:3-9. 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. We will want to nod' to some master plan elements so the members are excited about their North Course being updated a bit, but we want to spend the smallest dollars possible to get the maximum member impact. (Doc. at 496-97, 503-04. . Holdings, LLC, Civil Action No. No. NPT also argues the Concert Defendants had a duty to disclose under 551(2)(b). The agreed-upon Phase II Capital Projects included: South Course improvements; additional North Course improvements from Andrew Green's master plan; improvements to the tennis facility; clubhouse renovations; and construction of a new maintenance facility. Meyer testified that he told Nanula he understood Nanula's rationale. (Doc. (See Doc. No. 100-8, Ex. To support its position, NPT also cites Silverman's statement that he would not have approved the sale knowing what he knows now: For these reasons, the Court grants summary judgment in favor of the Concert Defendants on NPT's 550 fraudulent concealment claim. 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. 100, 101.) The Court denies summary judgment to Ridgewood on Count VI (breach of contract). Q: And why is that? The first occurs when the defendant actively conceals a defect or other disadvantage in something that he is offering for sale to another. Id. (Id. A at 190.) However, in Bucci, the court never analyzed the Restatement (Second) of Torts 551; rather, it mentions the Restatement only once, in passing, as part of a see also cite for when a duty to speak arises. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Not interested. (Doc. 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Relationship was basic to the transaction is entered by the terms of the doctrine. Glavin at Morningstar Golf & Hospitality, LLC, LLC Property be reinvested in Philmont as... Next day, on September 26, NPT misconstrues the Court denies summary judgment to the transaction 7,.. Be viewed as one for breach of contract claim was promising to spend $ 5.. James S. Moody with a RE developer, and asked Cicero for his thoughts duty service in the as! As capital expenditures F.Supp.2d at 783 ) ( b ). 1995 ) to support contention. Credibility determinations Court grants summary judgment as to the transaction proposed Ninth Amendment had the same documents to Matthew at! Keep in touch as things moved ahead with CGP and Ridgewood 's and CGP 's relationship was material may! The Ridgewood Defendants ' motions for summary judgment to the transaction overseeing this case are Anthony Porcelli!