See Bucci, 591 F.Supp.2d at 783. 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.).) 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. No. 647, 654 (E.D. This is not a fact basic to the transaction.). 100-5, Ex. No. Accordingly, the Court denies Ridgewood's motion for summary judgment as to the breach of contract claim. Ultimately, NPT is upset that CGP may have gotten the better end of this business deal, which was based on real estate. 7 at 426:12-15.) Wen v. Willis is illustrative. . However, NPT advised NVR that it would terminate the AOS effective Friday, September 16 (two days later) if it did not receive written notification from NVR advising which course of action it had chosen. A. Finally, one place to get all the court documents we need. AA.) In addition, although the Court recognizes the distinction between 550 and 551 (i.e., the language of a party to a transaction versus party to a business transaction), the Court finds that the same reasoning applies here with respect to whether the Ridgewood Defendants were a party to a transaction for purposes of 550-NPT has not identified any transaction to which PCC and the Ridgewood Defendants were both parties. However, the amounts of the refunds are not discussed in the article. (Doc. NPT cites two cases for the proposition that the question of materiality cannot can be decided at the summary judgment stage unless the issues are so obviously important that reasonable minds cannot differ on the question of materiality. No. 100-10, Ex. No. (See Doc. 2017-04395) (the "Original Action"), alleging that CGP tortiously interfered with its contract with PCC and 22-2596 | 2022-08-29, Palm Beach County 15th Judicial Circuit Courts | Civil Right | The initial burden of demonstrating that there are no genuine issues of material fact falls on the moving party. Seven to fourteen times Ridgewood's initial investment of $500,000 is $3.5 million to $7 million. See Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). But neither this assertion-nor the single citation to the record that follows-evidence active concealment of material information. In December 2016-after PCC's Board approved CGP's proposal but before it approved the PSA-NPT approached PCC again about renewing the AOS. (See Doc. 36 to Ex. Silverman testified that there was such minimal communication with Ridgewood and that he never spoke with anyone from Ridgewood. (See Doc. Under the proposed Seventh Amendment, the minimum purchase price would be revised to $12,049,382.40-i.e., $75,308.64 multiplied by 160. Plotnick testified that at the time, Ridgewood was interested in potentially purchasing either the entire Club or just a portion of it for land development. If you do not agree with these terms, then do not use our website and/or services. 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. (ahf) (Entered: 12/31/2018), DocketSummons Issued as to CONCERT GOLF PARTNERS, CONCERT PHILMONT, LLC. 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. at 70-71. 100-28, Ex. 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. 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. Warner Bros. 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.).) NPT primarily sought these extensions to sort out the unit yield issue but also needed to resolve certain environmental issues prior to any development of the Property. at 87.) (See Doc. (The Board unanimously believes that this is our best option towards securing Philmont's success in the years ahead. (Id.) 149-1 at 124; Doc. No. (Doc. ), The Phase II Capital Projects were subject to change arising from consultation with the new Club Advisory Board; New club member surveys; input and recommendations by [Concert Philmont's] operating consultants and experts; and Concert Philmont's refinement of the scope of such items after closing, at its discretion. No. 38 to Ex. (Id. The Court dismissed the fraud in the omission and fraudulent concealment claims, determining that Defendants did not owe PCC, which was a sophisticated entity engaged in an arms-length business transaction, a duty to speak. (Id. 2015) (Under Pennsylvania law, if a party is able to prove breach of contract but can show no damages flowing from the breach, the party is entitled to recover nominal damages. Attorneys at mctlaw believe you deserve the amount originally and contractually promised when you purchased an equity membership. v. PNC Fin. J.) 117 at 16-17. (Id. 116 at 25 (addressing only whether there was a business relationship between PCC and CGP/Nanula, as they were discussing a business transaction, not whether CGP and Nanula were parties to the business transaction).) (Doc. 100-29, Ex. ), 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. 100-22, Ex. Judge removes the case from the June 2022 trial docket. 149-1 at 38; see also Doc. (Doc. However, in 2021, Meyer testified that in or around September 2016, Ridgewood made an informal offer for $5 million for the nine-hole Property. W at 117:17-118:9.). Nanula responded, Yes, but this firm is in advanced talks with club president about buying this 35 acre parcel from the club . J (stating that the purpose, scope and intent of the development has substantially changed).) 100-5, Ex. Co., 920 F.Supp. 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). (Id. 39 to Ex. 2:22-CV-00358 | 2022-01-27, U.S. District Courts | Civil Right | . . 149-1 at 169. . (Id. Concert Golf Partners is a well-capitalized owner-operator of golf properties nationwide. (Doc. & PowerReit, No. Nanula concluded, If we can pull this off, we could get back some of our initial risk capital from future real estate proceeds - maybe zero, maybe never - and this prospect allows us to be interested in PCC. (Id., Ex. No. The due diligence period was set to run from July 23, 2015 through October 21, 2015. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. No. (Doc. Meyer also testified that he did not believe the Concert Defendants necessarily acted in accordance with what they said they were going to do. (Id. 100-5, Ex. . NPT informed NVR that unless they were able to come to some understanding concerning the additional costs that are involved as a result of this material change, NPT would be forced to provide notice of its intention to terminate the LPA. Nanula explained that Meyer wanted to explore how we could give the club 100% of all our real estate proceeds in 2-4 years when a deal happens. (Id.) Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). And the record reflects that because of PCC's distressed financial circumstances, it did not push back during negotiations with the Concert Defendants or halt the transaction even when it believed it could have or should have received more monetary consideration in exchange for selling the Club and Property. Nos. 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. No. Compare Restatement (Second) of Torts 551, cmt. 14 to Ex. 100-35, Ex. (Id. 100-5, Ex. It is clear that NPT believes it has been wronged. Ins. 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. Celotex, 477 U.S. at 323. NPT is correct-it is undisputed that Defendants did not disclose that they were working together. 2020-03-13, U.S. District Courts | Other | No. A (November 1, 2016 Proposal from CGP to PCC stating the key financial components of the transaction).). (Doc. 149-1 at 30-31.) CGP and Ridgewood's Initial Interactions in Fall 2016, In September 2016, Nanula met Plotnick at an industry conference. PGCC and Concert file their reply objecting to the request for rehearing by The Class. No. (only citing SOF, 202, which in turn cites to an internal Concert email (Doc. The new amount is a fraction of the refund resigned members are entitled to at the time of resignation. 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. No. Under Concert Golf, the club will be debt free and run by a professional golf club company, the Post reported. at 198:3-199:1.). So, the country club chose profit over people. WKAR relies on individual 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.). (Id. Notably, Defendants fail to cite any applicable case law to support their position.).). (Doc. 100-5, Ex. Id. (explaining that concealment involves the hiding of a material fact with the attained object of creating or continuing a false impression as to that fact). (See Doc. 22 to Ex. P.) The following day, on December 1, Stallone sent Nanula the draft of the text amendment he presented to Lower Moreland Township's Board of Supervisors at its September meeting related to zoning. 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. But that information related to the amount of money CGP intended to spend on capital expenditures, not Ridgewood and CGP's relationship. 125-4, Ex. This field is for validation purposes and should be left unchanged. L.) Meyer testified that around the time of the September 7 meeting and thereafter, he understood that NPT and NVR were not getting along very well and NPT or Metropolitan was thinking about terminating their relationship with NVR (Doc. (See Doc. 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. The Motion by Concert Plantation and PGCC to continue/delay the trial is DENIED. 116 at 26.) Disagreements over what inferences may be drawn from the facts, even undisputed ones, preclude summary judgment. Co., 645 F.Supp.2d 354, 377-78 (E.D. 20 to Ex. 100-2 at 25.) (Id. 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.) at 1, 88. 149-1 at 54; Doc. See Wolfe v. Allstate Prop. No. No. 100-19, Ex. X at 65:20-66:21. Why is this public record being published online? For the reasons that follow, the Court grants in part and denies in part the motions. 14 to Ex. 100-15, Ex. In other words, the minimum purchase price was based on a lot yield of 160 units (rather than the 162 lot yield initially envisioned), and the overall purchase price was changed from $12.2 million to $12,049,382.40. 116 at 29.) A: Potentially . If you do not agree with these terms, then do not use our website and/or services. Nanula elaborated, In a normal deal where we are both fronting the land cost, I would still presume a straight-up 50-50 deal, but here the fact pattern and risks are different. (Id.). No. NN at 267:21-268:1. No. Id. In this same vein, a fraudulent inducement claim premised on an the allegation that a party to the contract never intended to abide by a provision in the contract is barred by the gist of the action doctrine. Anderson, 477 U.S. at 252. A (executed copy of a September 29, 2016 confidentiality agreement between Ridgewood and PCC).) Like their neighbors, several Concert Golf Partners employees experienced damage to their homes and their hardship did not go unnoticed. We have an experienced commercial litigation team ready to help you. (Id. No. 124-1 at 11.) at 5357.) 101-1 at 6 n.2, 17.) No. 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. Considering that this cost is a significant percentage of the overall purchase price of $170,000, and that it was necessary to perform the work to use the property, and resolving any doubt in favor of Appellants, we conclude that the existence of the sewer defect was a fact basic to the transaction.). 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. Therefore, even without compensatory damages, an insurer can be liable for nominal damages for violating its contractual duty of good faith by failing to settle. (See, e.g., Doc. 22-2596 | 2022-08-29, Palm Beach County 15th Judicial Circuit Courts | Civil Right | [I]f one offer were acceptable to us, uhm, irrespective of the fact that another offer may have been available, you know, the - the club still may have moved forward on that given the situation were in. 100-5, Ex. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (citation omitted). at 79-80; id. W at 27:1-10, 35:18-36:11, 46:4-8. The non-moving party must show more than the mere existence of a scintilla of evidence in support of its position. (So it seemed to me that this wasn't something that we might want to continue on down the road with.). W, 36:20-37:9, 54:10-54:22).) No. No. 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. I cant recommend this firm enough. 100-5, Ex. 100-5, Ex. Corp. USA, Inc. v. Am. No. 5 (September 16, 2014 email in which Nanula wrote, Spoke to Glenn Meyer. No. Pa. 2015). 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. No. . (Doc. 20 to Ex. No. 100-5, Ex. W at 68:1-2 & Doc. . (Doc. ), 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. 116-2 at 202 (In discussing the component of the Defendants' agreement that yields a $7 million allocation for the Property, Mr. Nanula wrote to his associates: Next $7m to CGP for land. 124-1 at 46.) NPT must set forth more than a mere scintilla of evidence to survive summary judgment, and it has not. No. at 88) and that Concert Philmont was not incorporated until January 23, 2017 (id. 116 at 28 (Rather, the Defendants were the only source of the information that they were working together behind [PCC's] back to acquire Philmont Club at a cut rate price. No. No. . 100-24, Ex. In their motions for summary judgment, Defendants argue that the 550 and 551 claims should be dismissed because the Concert and Ridgewood Defendants were not parties to a transaction with PCC; Defendants did not owe PCC a duty to speak and therefore a fraudulent nondisclosure claim cannot lie under 551; and NPT has failed to produce evidence showing active concealment under 550. See id. No. Not interested).). . B at 51:7-12 (Q: Are there other individuals affiliated with Metropolitan Development Group that provided an advisory role to North Penn Towns, LP? A subsidiary of Concert Golf Partners that controls the Plantation Golf and Country Club (PGCC) in Venice, FL faces a class-action lawsuit brought by former members who say they were denied millions of dollars in refunds. the club still may have moved forward given the situation it was in. (Id. Aug. 14, 2012) ([C]ommon-law fraud includes acts taken to conceal, create a false impression, mislead, or otherwise deceive in order to prevent the other party from acquiring material information. 149-1 at 19, 60, 64; Doc. 14 to Ex. at 654 (discussing materiality in the context of a breach of contract claim in an insurance case and an insurer's post-loss investigation). 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. Nanula also stated that he would work on a preliminary proposal to share [that] week. (Id.) No. 100-5, Ex. 100-5, Ex. Co., 709 F.3d 487, 497-98 (3d Cir. A.) 149-1 at 131. When asked whether he, on behalf of PCC, decided to move forward with the transaction anyway, Meyer testified, [W]e were in a position of weakness, so we didn't really have a whole lot of room to negotiate. (Id. (Id. Nanula told Meyer that he would be willing to commit to funding and completing a series of capital projects that the board wanted to get done that was on the order of $4 million. (Doc. But see id. There is no evidence that PCC seriously considered NPT's revised proposal, which outlined two different options. 100-28, Ex. No. at 22.) That this deception was undiscoverable, regardless of [PCC's] efforts, yields a duty to disclose.).) (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)). (Doc. However, Meyer also testified had he known that Nanula was speaking with another potential buyer to not continue to approach PCC, that information would have been disconcerting to him. (Id.) 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. The plaintiff alleged that defendant Willis fraudulently induced him to enter into a contract (the Foxcode Far East LLC Agreement (the FFE Agreement)) and provide defendants Willis and Foxcode with $4 million by falsely representing that if he placed a $4 million investment with them, they would manage the money for his benefit, deliver a return on the investment, and guarantee that the $4 million principal would ultimately be returned in full once the investment was completed. 5:23-CV-00394 | 2023-01-31, U.S. District Courts | Civil Right | (Doc. Notably, Defendants fail to cite to any applicable case law to support their position. (emphasis added)).) 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. On 06/06/2016 Polge filed a Civil Right - Employment Discrimination lawsuit against Concert Golf Partners, LLC. 100-5, Ex. . at 244:8-23.) (See, e.g., Doc. This case was filed in U.S. District Courts, Florida Plantation Golf and Country Club is governed through bylaws established when the club first opened. No. at 28. A dispute is genuine if the evidence is such that a reasonable jury could return a verdict for the nonmoving party, and a fact is material if it might affect the outcome of the suit under the governing law. Anderson, 477 U.S. at 248. (Doc. (See Doc. (Doc. No. ), Ridgewood. Although there had been discussion of NPT exiting the transaction and NPT had sent NVR a notice of its intent to terminate the AOS earlier in September, see supra, it ultimately had not terminated the AOS at that point in time. . 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. 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. 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. at 35-47.). 149-1 at 63; Doc. In a November 1, 2021 ruling, Judge Andrea McHugh, a Florida circuit court judge, granted class-action status to the suit by former members against the club and Concert Plantation, LLC. No. No. 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. Updated: Feb 28, 2023 / 05:11 PM EST. (Doc. Now it is just a matter of executing. (Id.) For many members, the refund amount was 80% of the equity membership fee in effect on the effective date of resignation. 2008) (quoting eToll v. Elias/Savion Advert. ), On September 9, two days after the meeting, counsel circulated a proposed Seventh Amendment to the AOS, which included purchase price adjustments. (Id. ), 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. Shortly after the visit, Plotnick emailed Meyer, stating, Thanks again for taking the time to speak with and tour Jonathan and I [sic] today. 101-1 at 17 (citing case applying Pennsylvania law).) ), Age Discrimination in Employment Act (ADEA) - 29 USC 621-634 at 25, 27.) 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? ; Concert PHILMONT, LLC field is for validation purposes and should be left unchanged a Right... 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