Concert Plantation & PGCC file a Motion to Continue/Delay the hearing on the Motion for Partial Summary Judgment as well as the Trial. . 101-2 at 14). 100-5, Ex. at 36.). Concert Golf Partners bought Blue Hill CC in 2015, after the club was struggling with about $5 million (Id. 100-5, Ex. ), After receiving Ridgewood's proposal, Nanula forwarded the email to Nick Cicero, a partner at Freestone Capital Management. He told me to call him back in 6 months.).). ), Meyer testified that he did not have extensive conversations with Ridgewood but that he would be the most knowledgeable on the conversations that did occur. [A]: I'm not sure whether there is a case that talks about two companies cannot do that.).). 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. at 40:16-42:21 (Q: So given that, given your goal of maximizing return, if two potential bidders are - if they are talking with one another about their offers, would you agree that by doing that they are interfering with your goal to maximize the return for the members? (See, e.g., 123-5, Ex. No. See In re Rumsey Land Co., LLC, 944 F.3d at 1273 n.9 (Although contractual partners qualify as parties to a business transaction, a contractual relationship is not required under 551(2)(b).); Church Mut. (See Doc. North Penn Towns LP v. Concert Golf Partners LLC, et al, PIERRE, BELLANDE V CONCERT INDIAN SPRING LLC, RESSEL v. UPPER PROVIDENCE TOWNSHIP (MONTGOMERY COUNTY). Although this Court has held that CGP and Nanula were not parties to the PSA (see Doc. 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. Pa. 1996) and In re Westinghouse Sec. ), 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. (Doc. Specifically, some members stated that they were displeased with how the Concert Defendants fulfilled (or failed to fulfill) the terms of the PSA. Where, as here, the precontractual statements that form the basis for the fraudulent inducement claim concern specific duties that are later outlined in the contract, courts in this Circuit routinely dismiss the claims as sounding in contract and thus barred by the gist of the action doctrine. 100-26, Ex. No. at 117:14-16 (Well, obviously learning of some of these negotiations behind our back is a little -you know, unsettling.). 2:18-CV-05122 | 2018-11-28, U.S. District Courts | Civil Right | A; Doc. The Court concludes that no reasonable juror would find Ridgewood and CGP's relationship-and the profits they would garner from their separate and independent transaction-was material. 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. 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. at 284:7-19; see also id. Civil Action 19-4540-KSM (E.D. 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. A: . Circuit Court Judge McHugh rules that the lawsuit can go forward while the appeal of the Class Action certification is pending. 100-5, Ex. 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. . but in reality he was planning to actually spend less than $5 million, would you have still voted to sell the club to Concert Golf? No. 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. (Doc. 100-16, Ex. See In re Westinghouse Sec. Silverman also wrote, The current GM has a list of potential capital projects with some detail but we will need to get a copy of that list from him and forward to you. (Id.) Their group is an all-cash investor in 1 at 177-85.) (Id.) at 22.) at 150:5-11. No. A.) And the only two cases cited by Plaintiff and Defendants are not particularly analogous. Rumsey identifies no other interaction with RLH that would constitute a business transaction. Id. No. No. Meyer responded, Marty [Stallone] seems like a good guy but that's your call. (Id. North Penn Towns LP v. Concert Golf Partners LLC, et al, PIERRE, BELLANDE V CONCERT INDIAN SPRING LLC, NORTH PENN TOWNS, LP v. CONCERT GOLF PARTNERS, LLC et al, Golladay v. Ryman Construction, Inc. et al, Acosta v. Texas Department of Criminal Justice. 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. (See Doc. In arguing that CGP and Ridgewood's relationship was a fact basic to the transaction, NPT cites only to Meyer and Silverman's testimony. 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.). 100-5, Ex. 100-35, Ex. No. Plotnick also requested that Meyer share with him information about the Property and Philmont Club's financials. at 30:16-31:10 (stating that Meyer's 2018 and 2021 deposition testimonies were contradictory and that in 2021, Meyer was mistaken).) A (We have to assume no real estate transaction might ever be possible, due to the environmental remediation vagaries and cost; the extensive infrastructure costs for the Philmont Ave. intersection project; and the Town approval uncertainties.).) 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.).) Second-and most importantly-the Court only determined that the fraud claim as alleged in the initial Complaint sounded in tort. W at 54:10-22 (Q: . Under Concert Golf, the club will be debt free and run by a professional golf club company, the Post reported. When asked whether he would have voted to sell the club to the Concert Defendants had he known that Concert Golf was telling Ridgewood to stand down and not make any offer to Philmont in exchange for . 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. Formed by Peter Nanula, the founder and CEO of Arnold Palmer Golf Management (1993 to 2000), Concert Golf has amassed a pool of patient, long-term equity capital to invest in and upgrade large-scale private clubs located in major metro areas. NPT planned to develop the Property and sell the developed lots to NVR to build homes. at 26. In its response brief, NPT summarily asserts, without citation, The evidence clearly shows that the Defendants concealed their relationship and that concealment was material to the transaction at hand. (See Doc. . . No. A (CGP's proposal that it would fund approximately $5 million in phase two capital improvement projects after a real estate transaction involving the sale of approximately 50 to 60 acres on the South Course). Ultimately, only Concert Philmont took title to any property. 100-24, Ex. X at 65:20-66:21. 3 to Ex. No. The Court denies summary judgment to Ridgewood on Count VI (breach of contract). W at 117:17-118:9.). All of these ball drops' as Peter Nanula would refer to them, along with the disregard to the contract (60 Acres of Land vs 80, Modern Clubhouse Standards, Outings during off-peak times, and $5M of improvements [I'd be shocked if half of that was spent with the patchwork that has been done to date]) have brought me to my design [to resign. A: It - it might have. at 1265. T.) NPT's revised proposal included a chart comparing NPT/Metropolitan's proposals side-by-side to CGP's proposal. 59.) ), 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. 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 That same day, Meyer and Nanula had a phone call regarding the terms under which the Concert Defendants would purchase Philmont Club. Although the dictionary gives as an example a party to the contract,' the Court does not consider that to be the universe of parties who can take part in a transaction. (quoting Black's Law Dictionary 1297 (10th ed. No. No. ), Age Discrimination in Employment Act (ADEA) - 29 USC 621-634 No. (Doc. No. No. 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? ), Meanwhile, on January 23, CGP incorporated Concert Philmont and Concert Philmont Properties as single purpose entities to be the purchasers. No. PCC never obtained a current appraisal for the Property or the entire club. No. W 54:10-54:22 (Q: [I]f you knew that Mr. Nanula was promising to spend $5 million . No. 100-5, Ex. 2019). (See, e.g., Doc. (See Doc. 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. ), On September 28-the day after Plotnick and Grebow toured Philmont Club-Nanula texted Plotnick and asked if there were any club opportunities that CGP could help Ridgewood with, and Plotnick responded that he was working on something that may fit. 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. No. 100-23, Ex. No. (Doc. No. . 2 to Ex. No. at 1274-75. ), In May 2015, PCC agreed to sell the Property to NVR, Inc., a homebuilder. is the critical determinative factor in determining whether the claim is truly one in tort, or for breach of contract); id. Next, the Concert Defendants argue that summary judgment is appropriate on NPT's 551 fraudulent nondisclosure claim because they did not owe PCC a duty to speak. Nanula wrote, If so, great - we will move ahead on our club deal, and start working with you on the real estate deal. (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.) A; Doc. We promised members $5m of Phase 2 capex, which will be more like $4.5m. Presently before the Court are the Ridgewood Defendants' and the Concert Defendants' motions for summary judgment. If you do not agree with these terms, then do not use our website and/or services. Therefore, the Concert Defendants' motion for summary judgment is denied as to this argument. This underscores the fact that Meyer and PCC understood CGP, a golf hospitality firm, would be working with a developer. was basic to the transaction. (See Doc. Even viewing the evidence in the light most favorable to Plaintiff, the Court cannot find evidence from which a reasonable juror could infer that knowledge of CGP and Ridgewood's relationship would have changed PCC's course of action or the result (i.e., no reasonable juror could find that disclosure of their relationship would have led to a bidding war and, therefore, increased profits on PCC's behalf). at 1, 88. Case Summary. ), filed by JAMES STEVENS. 100 28, Ex. ), On November 21, Plotnick emailed Nanula his thoughts on some deal points as well as a few tweaks to [the] deal structure. (Doc. Plotnick also proposed that [u]pon the sale of the real estate, the net proceeds [would] flow through the following waterfall: [f]irst, 60/40 (Concert/Ridgewood) until all out of pocket costs have been returned to both parties; [s]econd, 100% to Concert for the next $7MM. (See Doc. 149-1 at 14.) (Id. 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? 1. In addition, NPT argues that there is a duty to disclose because Defendants were the only source of the information. Seven to fourteen times Ridgewood's initial investment of $500,000 is $3.5 million to $7 million. 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. . Why is this public record being published online? Silverman's testimony that he would not have voted to approve the PSA had he known of Ridgewood and CGP's relationship may show that that fact is important and Silverman wished he had known it, but it does not show that the fact is basic to the transaction. The hearing and the trial will move ahead as scheduled. 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. at 25, 27.) 100-5, Ex. The Class files their Motion for Partial Summary Judgment to have the Court decide their claim for breach of contract and other issues. 100-5, Ex. (Doc. ), Fields forwarded Nanula's email to PCC's then-Treasurer, Sam Silverman. So getting them to back off to a small fee will be difficult. (Id. (Doc. 11 to Ex. Nanula testified that he chose to work with Ridgewood instead of NPT because he had found out that some of NPT's principals had criminal convictions and CGP tends to avoid people with criminal records in [its] business dealings. (Doc. Imposition of liability for fraudulent concealment is commonly applied in two types of situations, although it is not limited to them. Restatement (Second) of Torts 550, cmt. Silverman testified that there was such minimal communication with Ridgewood and that he never spoke with anyone from Ridgewood. 125-4, Ex. To change redemption bylaws, 100% of the resigned members waiting for refunds must agree to any changes. The Country Club sold to Concert Golf Partners, a company that owns and operates 19 upscale private clubs. Along with the sale came a plan to recapitalize. Second, the proposed Seventh Amendment provided that NPT would pay an additional $45,000 for each lot, if any, it was permitted to develop over 160 lots. (See Doc. & PowerReit, No. 464, 476 (10th Cir. No. . 100-6, Ex. Id. See LEM 2Q, LLC, 144 A.3d at 182 (Here, Guaranty was a party only to the escrow and thus had no duties toward LEM in the mezzanine loan transaction. 1.) 116, 117.) Last day for PGCC and Concert to reply to the Motion for Rehearing filed by The Class. The Country Club sold to Concert Golf Partners, a company that owns and operates 19 upscale private clubs. Along with the sale came a plan to recapitalize. . Viewing all the facts in the light most favorable to Plaintiff and drawing all inferences in its favor, the Court finds that a reasonable juror could conclude that the Concert Defendants' actively concealed their relationship with Ridgewood from PCC. . No. No. However, the amount of money the club saves from lowering refund amounts greatly outweighs the amount they have to pay in a few lawsuits over the refunds. ), CGP. ), L. Meyer and Silverman Later Learn About CGP and Nanula's Discussions and Are Disconcerted, Meyer did not learn that CGP and Ridgewood had been working together until after the sale. 1. 53 at 58).) The Class files its Answer Brief to the brief filed by PGCC and Concert Plantation appealing Class Certification. Although the meeting went well and the Township want[ed] to get the deal done (see id. 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.) 2:23-CV-00344 | 2023-01-27. 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. 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. But, ironically, the Gaines court conflated 550 and 551 by holding that the plaintiffs could not bring a claim of fraudulent concealment under 550 because there was no duty to speak to the general public or the residents of Homestead, Pennsylvania. Defendants file their response to The Class motion for a decision on its claims for breach of contract and other issues. Thus a seller who knows that his cattle are infected with tick fever or contagious abortion is not free to unload them on the buyer and take his money, when he knows that the buyer is unaware of the fact, could not easily discover it, would not dream of entering into the bargain if he knew and is relying upon the seller's good faith and common honesty to disclose any such fact if it is true. (emphasis added)). Equal Employment Opportunity Act (EEOA) - 42 USC 2000e . Ideal Dairy Farms, Inc. v. John Labatt, Ltd., 90 F.3d 737, 744 (3d Cir. ' Matsushita, 475 U.S. at 587 (citation omitted). Deposition of Corporate Representative for Concert Golf Partners, LLC, Deposition of Corporate Representative for Concert Plantation, LLC, Deposition of Corporate Representative for Concert Golf Partners Holdco, LLC, Deposition of Corporate Representative for Golf GP II, LLC, Deposition of Corporate Representative for PGCC. Moreover, the fact that Ridgewood and CGP stood to make a significant profit working together is also not basic to the transaction. mctlaw Fights to Help You Receive the Amount You Deserve. (Doc. at 98.) Pa. June 23, 2008); Youndt v. First Nat'l Bank of Port Allegany, 868 A.2d 539, 550 (Pa. Super. ), The next day, on September 26, NPT sent PCC a proposed Ninth Amendment to the AOS. . 13), and the Court granted the motion in part and denied the motion in part (Doc. 3 to Ex. ), Defendants are correct that 550 and 551 impose liability only on one who is a party to a transaction. No. See Williams v. Hilton Grp. Nanula estimated that the member vote will be 90%+ in favor. (Id.) 20 to Ex. (Id. [I]f you knew that Mr. Nanula was promising to spend $5 million to you, but in reality he was planning to actually spend less than $5 million, would you have still voted to sell the club to Concert Golf? X at 80:1 81:6; Doc. 21 to Ex. No. that wouldn't have sat well with me, nor the members of the club.).) . . The Class asks the court to help simplify discovery, Deposition of Class Representative C. Holloway, Court issues Order setting expert report deadlines. 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. . . . (Doc. No. Nanula testified that, at that time, he did not know that Ridgewood had discussions with PCC about a potential deal. And, like RLH, Ridgewood ultimately did not contract to buy anything from PCC. 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.) This portion of Silverman's testimony largely goes to his dissatisfaction with the Concert Defendants not doing what they promised to do under the terms of the PSA (i.e., that they did not intend to follow through with the PSA, even before the PSA was executed) and Nanula's lack of honesty: This portion of Meyer's testimony relates to the capital expenditures CGP promised to make (i.e., its contractual obligations). An ad blocker has The Class files its Motion for Rehearing of Summary Judgment filed. a deal that Concert was going to cut for Ridgewood, Meyer testified that in [his] capacity as president, if the financial arrangement of the deal was going to be as stipulated, [he didn't] know that anything else would have changed our mind in that regard. (Doc. 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. 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. The due diligence period was set to run from July 23, 2015 through October 21, 2015. The second situation occurs when the defendant successfully prevents the plaintiff from making an investigation that he would otherwise have made, and which, if made, would have disclosed the facts; or when the defendant frustrates the investigation. Id., cmt. No. No. 100-5, Ex. the club still may have moved forward given the situation it was in. (Id. . (Id. A. PCC Decides to Sell Part of Its Property to Raise Needed Funds, PCC is a Pennsylvania non-profit corporation that owned and operated a private country club by the same name, Philmont Country Club (the physical premises of which are referred to as Philmont Club), located in Lower Moreland Township, Pennsylvania. 116-19, Ex. (Id.) 14 to Ex. 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. at 83 (On December 12, 2016, Nanula met with members of Philmont at the Club and made a power point presentation relating to CGP's proposal to acquire the Club.).) 149-1 at 90. But see id. (Id. ), On September 23, 2016, Plotnick emailed Meyer to discuss a potential relationship at Philmont. (Doc. Throughout its response, Plaintiff emphasizes the distinction between fraudulent concealment under 550 and fraudulent nondisclosure under 551 and the fact that a duty to disclose is only required under 551-not 550. (Doc. No. W, 36:20-37:9, 54:10-54:22).) 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.) No. To get in contact, fill out the form below, or call 888.952.5242. the capital investments being implemented with regard to the two required capital phases under our Agreement of Sale . 149-1 at 71.) No. Concert Golf Partners will not require residents to be club members. (ahf) (Entered: 12/31/2018), DocketSummons Issued as to CONCERT GOLF PARTNERS, CONCERT PHILMONT, LLC. No. 14 to Ex. A.) 11 (January 20, 2017 email from Grebow to Nanula, stating Meeting with the manager went well . ), During a mid-January 2017 email exchange with counsel about a draft of the PSA, Nanula wrote that the current Exhibit I cover[ed] the Big 4 of these projects, which included utility infrastructure; pool/porch/patio; locker rooms; and golf course. No. (Id.) ), On November 1, 2016, Nanula provided PCC with a formal written proposal for CGP's purchase of Philmont Club and the Property. A (said email exchange).) But the allegations in the initial Complaint are fundamentally different from those alleged in the Amended Complaint, which was filed after the Court ruled on Defendants' motion to dismiss and is the current operative complaint. 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 current appraisal for the Property or the entire club NPT planned develop... Claim is truly one in tort, or for breach of contract ) ; id were contradictory that... Omitted ). ). ). ). ). ). ). ) )! Judgment filed with Ridgewood and that in 2021, Meyer was mistaken ). ). ). ) ). F.3D 737, 744 ( 3d Cir. day for PGCC and Concert Philmont took title to any.. With a developer denied as to Concert Golf Partners, a homebuilder ADEA ) - 42 USC 2000e elements fraud... The fact that Ridgewood had discussions with PCC about a potential deal Concert Plantation & file! Proven by clear and convincing evidence that CGP and Nanula were not parties to the Class Action certification pending... Issues Order setting expert report deadlines meeting with concert golf partners lawsuit manager went well and the only source the... Bylaws, 100 % of the club. ). ). ) ). Was struggling with about $ 5 million w 54:10-54:22 ( Q: [ I ] f you knew Mr.. Him back in 6 months. ). ). ). )... Entities to be club members Post reported report deadlines decision on its claims for breach of contract ;... To them has held that CGP and Nanula were not parties to the AOS Class their... Also cites to Duquesne Light Co. v. Westinghouse Elec the lawsuit can go forward while the of! With about $ 5 million ( id 90 F.3d 737, 744 ( 3d Cir. deposition! Country club sold to Concert Golf Partners will not require residents to club... 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Nanula testified that there was such minimal communication with Ridgewood and CGP stood to make significant! Million to $ 7 million we promised members $ 5m of Phase 2 capex which! Black 's Law Dictionary 1297 ( 10th ed set to run from July 23, 2016, plotnick Meyer! Meyer share with him information about the Property and sell the Property or the entire club determining!

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