Ideal Dairy Farms, Inc. v. John Labatt, Ltd., 90 F.3d 737, 744 (3d Cir. No. 22 to Ex. No. 59 at 26-27 (Count I).) Plotnick also suggested that Nanula get feedback from Meyer and PCC's Board before putting their agreement in writing. 39 to Ex. A.) ), Age Discrimination in Employment Act (ADEA) - 29 USC 621-634 A (November 1, 2016 Proposal from CGP to PCC stating the key financial components of the transaction).). He alleges only the failure to disclose. (quoting Colton, 231 F.3d at 898)). ), NPT also misstates the Court's prior Memorandum when it posits, The Court has similarly observed that the gist of the action doctrine does not bar fraud claims where the defendant never intended to keep its promise to do something in the future. (Doc. 149-1 at 169. 7 at 426:12-15.) On September 6, 2016, NPT sent NVR a Notice of Material Change, stating that NPT could not satisfy the conditions of the AOS, including obtaining zoning approvals to the satisfy the unit yield anticipated by the LPA. 100-28, Ex. Meyer responded, Marty [Stallone] seems like a good guy but that's your call. (Id. In In re Rumsey Land Company, LLC, the Tenth Circuit considered whether a 551 fraudulent nondisclosure claim could be brought against a third party in the context of a land sale. 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. On October 26, Nanula toured the Philmont Club. . A (Sent Glenn a proposal yesterday . ), 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. However, PCC agreed to keep the AOS alive with an Eighth Amendment, which provided for a limited 10-day extension of the due diligence period. 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. 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. Nanula also stated that Ridgewood's proposal juices our normal deal returns nicely. (Id.) I cant recommend this firm enough. 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. . (July 19, 2022 Hr'g Tr. Thus, the Court grants the Ridgewood Defendants' motion for summary judgment as to the 550 claim. Their group is an all-cash investor in On 06/06/2016 Polge filed a Civil Right - Employment Discrimination lawsuit against Concert Golf Partners, LLC. Defendants file a Motion for Summary Judgment requesting that the Court decide the entire case based on the evidence without the need for trial. (Id.) 100-5, Ex. . A (September 23, 2016 email from Plotnick to Meyer about wanting to discuss a potential relationship at Philmont); Doc. 100-5, Ex. 100-6, Ex. (Id.) See Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). Concert Golf Partners bought Blue Hill CC in 2015, after the club was struggling with about $5 million Board members and staff made the decision to change the bylaws, knowing it would harm the resigned members. . (See Doc. 149-1 at 83; see also Doc. The Class provides the Court with its arguments explaining that there are fact issues that need to go to a jury to decide. M.) The proposed Ninth Amendment had the same purchase price adjustment provisions as the proposed Seventh Amendment (which was not executed). 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. (See id. ), On August 26, 2021, NPT filed an Amended Complaint. ), On October 21, Plotnick emailed Nanula [his] initial thoughts to a structure of a deal between CGP and Ridgewood at PCC. (See Doc. Public Records Policy. (Doc. 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. at 25:24-26:22 (Q: Would you have recommended that sale if you knew that Ridgewood had an interest in making an offer to Philmont, but refrained from doing so based on what Concert Golf - Concert saying they could get a better deal, would you still have recommended that deal? No. No. That same day, Stallone also sent Nanula NPT's sketch plan for the Property, which had been prepared by NPT's engineer. (Doc. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. . (Doc. T.) NPT's revised proposal included a chart comparing NPT/Metropolitan's proposals side-by-side to CGP's proposal. We are taking the risk in this scenario, not the club.); accord id., Ex. Click Here to read our Client Testimonials, 1015 15th Street NorthwestSuite 1125Washington, DC 20005, 1605 Main StreetSuite 710Sarasota, FL 34236, 1325 4th AvenueSuite 1730Seattle, WA 98101, Guillain-Barr Syndrome and Vaccine Injury. No. 100-5, Ex. . 20 to Ex. Co. v. Pittsburgh & W.Va. R.R. a. No. . The Tenth Circuit's logic in In re Rumsey Land Company, LLC applies with equal force as to Ridgewood. 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. But see id. Ct. 2002)). Ins. Finally, one place to get all the court documents we need. (Id.) (See, e.g., Doc. No. On September 19, Nanula requested any and all details on the pending NVR deal for the South Course acreage. (Id.) (Doc. A.) ), After Meyer reviewed CGP's proposal, he responded, I thought upon closing the real estate transaction we would have the full proceeds of the sale available towards capital improvements but I'm only seeing $5M listed. (Doc. The Class files their Motion for Partial Summary Judgment to have the Court decide their claim for breach of contract and other issues. A.) A; Doc. ), M. The Limited Assignment Agreement Between PCC and NPT, On March 3, 2017, NPT initiated a lawsuit against CGP and PCC in the Montgomery County Pennsylvania Court of Common Pleas (Case No. 100-5, Ex. at 612. Recently paid refunds are NOWHERE NEAR the originally promised 80%. . The due diligence period was extended until September 29, 2016 through a series of eight amendments to the AOS. The hearing and the trial will move ahead as scheduled. Specifically, some members stated that they were displeased with how the Concert Defendants fulfilled (or failed to fulfill) the terms of the PSA. Such is the case here. (See Doc. Corp. USA, Inc. v. Am. ), 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). No. A: Again, I - I don't - that I can't answer. Nanula stated, My ops team was there on Friday, and we see a path to making this work at least marginally, even if the real estate deal falls apart after much effort. (Id.) W at 54:10-22 (Q: . That's because she . 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. No. ), Ridgewood Philmont, LLC is a special-purpose entity created by Ridgewood for the sole purpose of entering into the DSA with Concert Philmont. . (Doc. 124-1 at 8. ), 3. 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. (Doc. 100-20, Ex. (See Doc. Defendants file their response to The Class motion for a decision on its claims for breach of contract and other issues. fails to disclose . Silverman was but one vote. 59 at 36.) There is no evidence that PCC seriously considered NPT's revised proposal, which outlined two different options. However, the Court dismissed the only cause of action asserted against those entities-civil conspiracy, so they are no longer Defendants in this action. 116 at 26.) In Pennsylvania, the elements of fraud must be proven by clear and convincing evidence. See Gnagey Gas & Oil Co., Inc., 82 A.3d at 493, 500 n.4 (noting that the presiding officer found that the Fund presented clear and convincing evidence that Gnagey perpetrated a fraud in concealing the existence of the abandoned tanks and/or misrepresenting the number of tanks at the site and ultimately affirming the presiding officer's holding that the hiding of the tanks constituted fraud); see also SodexoMAGIC, LLC v. Drexel Univ., 24 F.4th 183, 205, 212 (3d Cir. A (Meyer's December 20, 2016 email to Silverman forwarding NPT's revised proposal, stating, Hot off the press. ), 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. 17 to Ex. 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. ), Meyer is a financial planning and investment advisor. 30, 2021) (finding that the gist of the action barred fraudulent inducement claim where the plaintiffs alleged that the defendant never intended to pay the plaintiffs the compensation they were promised under their contracts). 173.) (See Doc. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). . 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. 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. 100-5, Ex. 08-1386, 2018 WL 5033749, at *6 (D.N.J. (See Doc. No. 14 to Ex. No. 100 28, Ex. At no point did Ridgewood formally offer to purchase the Property or any portion thereof. The new amount is a fraction of the refund resigned members are entitled to at the time of resignation. NPT must set forth more than a mere scintilla of evidence to survive summary judgment, and it has not. at 87.) Meyer immediately forwarded to Silverman, stating, Hot off the press. No. 100-17, Ex. (Id.) 125-5, Ex. The PSA was executed on February 6 by Nanula on behalf of Concert Philmont and Concert Philmont Properties and Meyer on behalf of PCC. No. And the golf course has not really been improved, uhm, to the level that it needs. Hearing before Judge McHugh on motions to continue/delay hearing and trial. Servs. About a week later, on October 5, Plotnick emailed Tom Bennison from ClubCorp, attaching PCC's financials, including financial statements, profit and loss spreadsheets, and a 2016-2017 budget. 100-5, Ex. But this is not an enumerated circumstance that gives rise to a duty to disclose under the Restatement. Plotnick testified that he spoke with Meyer that same day and that Meyer told him PCC was under contract to sell the Property. . Because we dismissed the fraud claims brought against all Defendants, supra Sections IV.A and IV.B, there is no fraud for which either the Concert Defendants or the Ridgewood Defendants can have aided and abetted. A.) 101-2 at 14). He said they were working on a deal with a RE developer, and could not do anything else right now. In allegedly creating the mayhem, Coutu became part of the transaction.). (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).) No. No. 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. Accordingly, the Court grants summary judgment to the Concert Defendants on Count I. In re Rumsey Land Company, LLC is instructive as to whether the Ridgewood Defendants were parties to a business transaction under 551. 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 decision [to resign]. (emphasis added)); id. The change of bylaws without consent from resigned members is a self-serving business practice by PGCC. Really like that we are planning on utilizing 1 clubhouse and not 2. (emphasis added)).) (Id.) No. Namely, the FFE Agreement provided that the defendants would provide cash and all finance advisory services necessary to generate earnings, the plaintiff would receive 99.9% of the net profits, and when the FFE was dissolved, the plaintiff would receive distributions equal to $4 million. No. W at 117:17-118:9.). . 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. Judge removes the case from the June 2022 trial docket. 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. See In re Westinghouse Sec. No. (Doc. (Doc. (Doc. If you do not agree with these terms, then do not use our website and/or services. Pa. 2004) (finding no duty to speak to the public at large). In so holding, the Court emphasizes that NPT asserts this claim-and all other claims-as assignee. 149-1 at 37.) Concert Golf offers a personalized and curated approach to partnership and operates 27 private golf and country clubs nationally, including former developer-owned clubs and longtime member-owned clubs. (Doc. 124-1 at 9; Doc. (Id.) at 28. Federal courts applying Pennsylvania law have agreed with the impropriety of summary judgment in such a situation. 116 at 29. is the critical determinative factor in determining whether the claim is truly one in tort, or for breach of contract); id. No. (See id. NPT, individually and as PCC's assignee, asserted claims for fraud, breach of contract, conspiracy, and violations of federal antitrust law. (Doc. (Id. LL. Judgment will be entered against a party who fails to sufficiently establish any element essential to that party's case and who bears the ultimate burden of proof at trial. 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. A (September 28, 2016 email from Michael Tulio, then-Vice President of Land Acquisition at Metropolitan, stating, I'm willing to post a deposit of 750K to show our commitment and when the zoning portion is approved and the appeal period passes I will release to the club 375K, then after the Environmental release the balance making it fully non refundable and for the club to use as they see fit. (Doc. 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. 2 to Ex. 149-1 at 30-31.) 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. 2:22-CV-00358 | 2022-01-27, U.S. District Courts | Civil Right | 149-1 at 60.) (Doc. (Id.) (Id. (September 17, 2018 resignation email from Scott Landsberg, stating The primary motivation behind my resignation has been Concert Golf's refusal to respond to my repeated requests (i) to confirm in writing . 5:22-CV-01011 | 2022-03-16, U.S. District Courts | Civil Right | 22 to Ex. (July 19, 2022 Hr'g Tr. at 150:5-11. 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. Last, the Court denied the motion to dismiss NPT's breach of contract claim against Ridgewood, which was based on Ridgewood's alleged violation of a confidentiality agreement. 2000))); Boardakan Rest. The proposed Seventh Amendment was not executed. Under the agreement, PCC (the Assignor) agreed to assign NPT (the Assignee), NPT initiated this action against Defendants on October 1, 2019. Nos. 2:19-CV-04540 | 2019-10-01, U.S. District Courts | Labor | No. Nos. ), About a week later, on September 14, NPT provided NVR with formal notice of [its] intention to terminate the AOS. (See Doc. 5:23-CV-00368 | 2023-01-30, U.S. District Courts | Labor | Filing 1 COMPLAINT against CONCERT GOLF PARTNERS, LLC, CONCERT PHILMONT PROPERTIES, LLC, CONCERT PHILMONT, LLC, JONATHAN at 188:2-12. W at 111:19-112:7. (Doc. The Civil action was filed in the Superior Court on May 7, 2018. A (The purchase price for the Property shall be Twelve Million, Two Hundred Thousand and no/100 Dollars ($12,200,000) assuming a yield of one hundred sixty-two (162) single family market rate semi-attached residential townhome fee simple footprint lots.).) 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.).) No. 149-1 at 161, 42.) See id. 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. No. In other words, refund plans for resigned members are moving forward even with the sale of the country club. at 59, Appendix A to the PSA. (See Doc. Co., 920 F.Supp. at 17)-i.e., after CGP and Nanula's initial November 1, 2016 proposal to acquire the Club and after Philmont's Executive Board voted to approve the PSA (id. the capital investments being implemented with regard to the two required capital phases under our Agreement of Sale . at 1, 17, 88.) (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. The Court disagrees. If the suit cannot be resolved through mediation, the plaintiffs want a jury trial. 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. 149-1 at 19, 60, 64; Doc. at 1, 88. ), The Initial Capital Projects and Phase II Capital Projects delineated in the PSA's exhibits are identical to the capital improvement projects outlined in CGP's November 1, 2016 proposal to PCC, with one exception: moving and constructing a new maintenance facility was not part of the original proposal. No. ), Ridgewood. Cancellation and Refund Policy, Privacy Policy, and Company Type For Profit. Nos. 100-2 at 8-22.) It is clear that NPT believes it has been wronged. A ([T]he minimum Purchase Price will be no less than the product of $73,308.64 multiplied by 150 or Eleven Million, Two Hundred Ninety-Six Thousand, Two Hundred Ninety-Six and no/100 Dollars ($11,296,296) irrespective of Unit yield[.]).) By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, This case was filed in U.S. District Courts, Florida Middle District. (Id. Ross served as the principal negotiator for Ladbrokes.All of Ross's alleged misrepresentations concerned matters governed by the Letter of Intent between Ladbrokes and Williams.). at 13:1-3; id. No. No. No. . To the contrary, Meyer testified that so long as one offer [was] acceptable to PCC, uhm, irrespective of the fact that another may have been available . (KARPF, ARI) (Entered: 12/31/2018). Be proven by clear and convincing evidence, refund plans for resigned members are moving forward even the... Is instructive as to the two required capital phases under our agreement sale... 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