Corp., Civil Action No. 149-1 at 58; Doc. at 35.) a fact that he knows may justifiably induce the other to act or refrain from acting in a business transaction . (Doc. (See id. at 501-02 (quoting Colton, 231 F.3d at 58 898-99). 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. AUGUSTA, Ga. (WJBF) The agreement to hold concerts at Lake Olmstead Stadium has hit a sour note. ), Silverman testified that his opinion of the agreement would have changed and he would have changed his vote if he had known that Concert told Ridgewood to stay down. (See Doc. No. ), Fields forwarded Nanula's email to PCC's then-Treasurer, Sam Silverman. 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. 17-cv-00209-RM-NYW, 2015 WL 1517022, at *4 (D. Colo. Mar. ), On November 9, Nanula emailed Meyer and noted that in a meeting the following week, they should focus on [t]he capital project priorities that you really want to see happen at PCC and other elements of the Proposal. (Doc. (KARPF, ARI) (Entered: 12/31/2018), U.S. Courts Of Appeals | Other | 100-5, Ex. 100-16, Ex. As an experienced leader in these types of lawsuits, we were confident the firm would have the expertise. No. Nice guy . 100-15, Ex. No. with Doc. at 62:1-10 ([The Court]: Do you have a case that shows Concert and Ridgewood couldn't do what they did; in other words, two companies can't make plans to acquire a company together unbeknownst to the seller? Pa. 2013) (Haywood's motion for summary judgment must, therefore, be denied because the University, if it proves the other elements of a claim for breach of contract, may be entitled to nominal damages.). is the critical determinative factor in determining whether the claim is truly one in tort, or for breach of contract); id. Nos. Philmont Club's facilities also included a tennis court, swimming pool, and clubhouse. Specifically, some members stated that they were displeased with how the Concert Defendants fulfilled (or failed to fulfill) the terms of the PSA. ), 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. No. 2:18-CV-05122 | 2018-11-28, U.S. District Courts | Civil Right | (Doc. ), 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. (Doc. No. A; Doc. (See Doc. A [Marty Stallone, Executive Vice President of Metropolitan]: I would say on any given day any member of Metropolitan Development Group would give their advice or opinions on any of our projects.).) According to the June 4th, 2013 PGCC legal committee meeting minutes, board and staff members question attorneys about the equity membership refunds. 100-5, Ex. . 116 at 29 (citing Ex. Like RLH, NPT contends Ridgewood initially showed interest in potentially purchasing a portion of the Property or the entire club from PCC in 2014, 2015, and then again in September 2016. 117 at 16-17. 22 to Ex. At first, PCC agreed to sell the Property to Toll Brothers, but Toll Brothers terminated that agreement in July 2014. In Counts IV and V, NPT, as assignee, brings twin aiding and abetting fraud claims against the Concert Defendants (Count IV) and the Ridgewood Defendants (Count V). 100-25, Ex. ), At no point did the Concert Defendants inform PCC that they were in talks with Ridgewood and planned to paper the deal on the real estate opportunity. (See Doc. 149-1 at 204. Once the moving party has met its burden, the nonmoving party must counter with specific facts showing that there is a genuine issue for trial. Matsushita Elec. at 117:14-16 (Well, obviously learning of some of these negotiations behind our back is a little -you know, unsettling.). (Doc. Plaintiff North Penn Towns, L.P. (NPT), as assignee of Philmont Country Club (PCC), has sued Concert Golf Partners, LLC (CGP) and Peter Nanula (the Concert Defendants) and Ridgewood Real Estate Partners, LLC (Ridgewood), Jonathan Grebow, and Michael Plotnick (the Ridgewood Defendants) (collectively, Defendants) for fraud, fraudulent nondisclosure, and fraudulent concealment under Restatement (Second) of Torts 550 and 551, aiding and abetting fraud, and breach of contract. No. ), 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. The lawsuit said Sylvia Coleman was unfairly fired from her job as a detention officer in 2018, just days after she was offered the position. The Court reasoned: Here, RLH was not a party to a business transaction with Rumsey. A; Doc. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, fails to disclose . (See id. 149-1 at 12.) W at 27:1-10, 35:18-36:11, 46:4-8. 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. 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. at 10), and it had a relationship with NPT. 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. U at 58:20-59:11. In allegedly creating the mayhem, Coutu became part of the transaction.). But, at the summary judgment stage, the Court may not make credibility determinations. 149-1 at 38; see also Doc. That same day, Meyer and Nanula had a phone call regarding the terms under which the Concert Defendants would purchase Philmont Club. 16 to Ex. 100-5, Ex. at 77 (describing [t]he financial components of CGP's proposal); id. A: . ), Because NVR is a homebuilder and does not engage in real estate development, it assigned its agreement with PCC to NPT, a developer. 8:19-CV-02344 | 2019-09-20, U.S. District Courts | Other | In addition, NPT argues that there is a duty to disclose because Defendants were the only source of the information. As noted above, a defendant can be held liable under 551 only if there is a duty to disclose. (Doc. 14 to Ex. (Doc. After the call, Nanula emailed Fields, attaching a signed non-disclosure agreement and requesting information about PCC, including detailed income statements, [a] listing of recent capital improvements made, and the current list of potential capital projects (with estimated scope and costs, if any) that are being considered, and [a] summary of your current real estate deal and the Toll [Brothers] deal. (Doc. Defendants moved to dismiss the Complaint (see Doc. Agreed Order is entered by the Court to simplify the discovery process. 13 to Ex. 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. (Id.) No. 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. This is a fact basic to the transaction.) with id., illustration 4 (A sells to B a dwelling house, knowing that B is acting in the mistaken belief that a highway is planned that will pass near the land and enhance its value. ), On November 30, Meyer emailed Nanula the contact information for NVR and NPT/Metropolitan as a potential developer Nanula could work with for developing the property. Id. (Id. No. 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.). (Id. 18 to Ex. No. 100-35, Ex. Such is the case here. 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. If, however, the facts establish that the claim involves the defendant's violation of a broader social duty owed to all individuals, which is imposed by the law of torts and, hence, exists regardless of the contract, then it must be regarded as a tort.). No. 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. Litig., 90 F.3d 696, 714 (3d Cir. 100-17, Ex. A. Plotnick added, In the meantime, we will continue to stand on the sidelines and let you do your thing. Meyer replied, Marty seems like a good guy but that's your call. (Id. (Doc. Refund amounts are based on the current Bylaws when the members resignation occurs. . S.) Stallone stated, Yes, but that was with all the environmental and zoning contingencies that you said the club was no longer interested in accepting. (Id.) If you would like the costs split 50/50, we would request a 50/50 profit split as well[.]).) ), On February 1, PCC's membership voted to approve the PSA. (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.). Ins. 1:21-CV-00455 | 2021-05-21, U.S. District Courts | Civil Right | Approximately two-and-a-half years later, on September 18, 2019, as part of the settlement, NPT and PCC entered into a Limited Assignment of Claims Agreement. 36 to Ex. Ins. (Doc. . UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 100-34, Ex. No. Under the DSA, Ridgewood Philmont is paid a management fee for providing development services. Mctlaw fights for you to get the correct refund amount from Plantation Golf and Country Club. Third, even though Silverman testified that his opinion would have changed had he known that Concert told Ridgewood to stay down, Silverman is but one vote. No. 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.) 100-5, Ex. NPT relies on the evidence of disgruntled members to support its contention that Ridgewood and CGP's relationship was material. Nanula forwarded the materials from Silverman to CGP's consultant, Thomas Moran, to prepare a pro forma analysis. (Doc. NN at 267:21-268:1. . Full title:NORTH PENN TOWNS, LP, directly and as assignee of Philmont Country Club, Court:United States District Court, E.D. W at 36:20-37:13.). No. (See Doc. Plotnick testified that he spoke with Meyer that same day and that Meyer told him PCC was under contract to sell the Property. 100-26, Ex. WebRecapitalizing with a well-funded partner like Concert Golf Partners addresses the fundamental challenges many clubs are facing, even after more than a decade of And the best part of all, documents in their CrowdSourced Library are FREE! 37 to Ex. (See Doc. (Doc. NPT planned to develop the Property and sell the developed lots to NVR to build homes. 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.) 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. 2:23-CV-00344 | 2023-01-27. 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. . at 98.) No. No. ), On November 21, Plotnick emailed Nanula his thoughts on some deal points as well as a few tweaks to [the] deal structure. (Doc. No. 100-15, Ex. 100-24, Ex. (Id. 116-12, Ex. No. See Schutter, 2008 WL 2502132, at *2, *6-7 (granting summary judgment on fraudulent omission claim under 551 and holding that a hostel's bed capacity was not basic to the transaction, even though the plaintiff only purchased the hostel based on his understanding that the hostel had a 70-bed capacity and sought to cancel the agreement of sale after learning that the hostel's bed capacity was in fact only 54 beds). InterVest, Inc. v. Bloomberg, L.P., 340 F.3d 144, 159-60 (3d Cir. On March 3, 2017, NPT initiated a lawsuit against CGP and PCC in the Montgomery County Pennsylvania Court of Common Pleas (Case No. No. On September 29, Plotnick and Nanula spoke on the phone. Co., 645 F.Supp.2d 354, 377-78 (E.D. No. 21 to Ex. No. (See Doc. ), Age Discrimination in Employment Act (ADEA) - 29 USC 621-634 at 1, 17, 88.) at 28. Silverman explained that it would be easier to provide a summary of the current real estate deal with NPT verbally as [PCC was] in the process of receiving an amendment to the [AOS] that will better clarify the details. (Id.) No. . This case was filed in U.S. District Courts, Florida Middle District. ), H. PCC Sells Philmont Club to the Concert Defendants, On November 17, PCC's Board of Directors approved CGP's proposal. 100-5, Ex. . It also never contracted to perform services for Rumsey, and it was not part of an employment relationship with Rumsey. 101-1 at 6 n.2, 17.) 100-5, Ex. No. Presently before the Court are the Ridgewood Defendants' and the Concert Defendants' motions for summary judgment. at 67-69.) Privacy Policy | Terms | Careers with mctlaw. (Id. No. NPT also argues the Concert Defendants had a duty to disclose under 551(2)(b). 13), and the Court granted the motion in part and denied the motion in part (Doc. A.) 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. (See Doc. J.) 116-13, Ex. CGP proposed to (1) pay off PCC's approximately $963,000 in debt, (2) assume or restructure capital leases and other obligations, (3) make approximately $4 million of initial capital improvements to Philmont Club within 12 to 14 months, (4) commit to fund ongoing capital reserve at three to four percent of revenues (approximately $1 million over five years), and (5) upon the sale of the Property in two to four years, make an additional approximately $5 million in capital improvements. So, the country club chose profit over people. at 36:20-39. . at 27.) No. (Id. ), Meyer testified that he did not believe that anyone from Ridgewood ever professed to him concerns about the condition of or risks associated with developing the Property, though he could not fully recall. ' Toledo Mack Sales & Serv., Inc. v. Mack Trucks, Inc., 530 F.3d 204, 229 (3d Cir. We paid $18,000, then it went up to $21,000, then it went to $30,000, he said, referring to the value of his equity. at 283:14-284:6 (explaining that at the meeting, they discussed an amendment to the AOS and it became clear to [him] through the actions of Mr. Tulio that NPT and NVR were not getting along very well and there was some indication both at that meeting and therefore that the relationship between those two entities was going to be terminated).) And, like RLH, Ridgewood ultimately did not contract to buy anything from PCC. . Ultimately, NPT is upset that CGP may have gotten the better end of this business deal, which was based on real estate. (See id.). (Id. (See Doc. Concert Golf acquired 36-hole, 295-acre Philmont, which was founded as an all-Jewish club in 1906, in February 2017 in a deal that involved the payoff of the clubs debt and other commitments and bought White Manor CC under a similar arrangement at the end of 2016, the Inquirer reported. . Relator does not, however, allege any active concealment or suppression on the part of Omnicare. (Doc. A copy of the meeting notes is available by clicking on the document to the right. (Doc. Co. v. Coutu, Case No. Ultimately, only Concert Philmont took title to any property. Public Records Policy. No. ), In May 2015, PCC agreed to sell the Property to NVR, Inc., a homebuilder. [A]: I'm not sure whether there is a case that talks about two companies cannot do that.).). The due diligence period was extended until September 29, 2016 through a series of eight amendments to the AOS. This purchase matches the dollar amount that is subject to contingencies in the proposal on the table from Center [sic] Golf. No. The transaction closed on or around March 1. (Doc. The Court is not persuaded that the Concert Defendants' behavior shocks the conscience or that the Concert Defendants trapped PCC into a deal, the substance of which it was unaware. Please Update this case to get latest docket information. ), This is consistent with Meyer's 2021 testimony that Ridgewood informally offered $5 million for the Property. 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. 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. Undoubtedly, the record shows that Nanula and CGP were heavily involved in the negotiations for the transaction. No. S.) Katz responded, The previous offer was 12,000,000. (Doc. Meyer immediately forwarded to Silverman, stating, Hot off the press. The illustrations to the comment make clear that a fact can be important and still not go to the essence of the transaction-and therefore would not constitute a basic fact giving rise to a duty to disclose. If you do not agree with these terms, then do not use our website and/or services. 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. (The Board unanimously believes that this is our best option towards securing Philmont's success in the years ahead. 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. A, #3 & #5.) 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. See The Roskamp Inst., Inc. v. Alzheimer's Inst. Nanula also stated that he would work on a preliminary proposal to share [that] week. (Id.) Was thrilled that there were going to be one owner who wanted to integrated homes into club. & Cas. . 21 to Ex. ), The Property consisted of nine of eighteen holes of the South Course and spanned approximately 50 to 60 acres. W at 119:20-120:6; see also id. . No. (Id.) Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (citation omitted). 16 to Ex. . 2004) ([W]e hold that the District Court did not err in concluding that the doctrine barred Williams's claims against Ross, as well as his claims against Ladbrokes. at 45:23-47:2. 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. 100-5, Ex. He said they were working on a deal with a RE developer, and could not do anything else right now. The Augusta 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.). (Doc. No. (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).) ), Cicero agreed that the return Ridgewood would receive under the proposal seems awfully high instead of just some set fee that is relatively nominal. (Id.) No. 100-5, Ex. . 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. 944 F.3d 1259 (10th Cir. (Doc. 100-5, Ex. 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.).) AA.) 53 at 26-29 (discussing gist of the action doctrine) with id. at 150:5-11. Like their neighbors, several Concert Golf Partners employees experienced damage to their homes and their hardship did not go unnoticed. (Id. D at 282:10-24; see also id. 12-6179 (JBC), 2014 WL 3578748, at *7 (D.N.J. A: It - it might have. A.) Compare Restatement (Second) of Torts 551, cmt. Warner Bros. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). On 12/31/2018 STEVENS filed a Civil Right - Employment Discrimination lawsuit against CONCERT GOLF PARTNERS. 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. M.) The proposed Ninth Amendment had the same purchase price adjustment provisions as the proposed Seventh Amendment (which was not executed). 9 to Ex. Q: Can you explain your answer, Mr. Meyer? Why is this public record being published online? (Doc. A (September 23, 2016 email from Plotnick to Meyer about wanting to discuss a potential relationship at Philmont); Doc. 149-1 at 83; see also Doc. 100-5, Ex. (Compare Doc. Contrary to NPT's assertion, this does not show that Ridgewood's and CGP's secret agreement . 28, 2022). ), Silverman and Meyer testified that they were not aware of any damages the Club suffered by virtue of Ridgewood sharing the information with ClubCorp or Morningstar. 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 . ), Plotnick also suggested that $5 million from the sale of the Property be reinvested in Philmont Club as capital expenditures. 173)-notwithstanding the fact that he had told Ridgewood that he was ready to paper [their] deal the week prior (Doc. (ahf) (Entered: 12/31/2018), DocketSummons Issued as to CONCERT GOLF PARTNERS, CONCERT PHILMONT, LLC. (Doc. 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.) . After CGP Submits Its Proposal to PCC, CGP and Ridgewood Continue to Discuss Working Together and a Potential Deal, On November 2, Nanula emailed Plotnick to bring him up to date on PCC's reaction to CGP's proposal to purchase Philmont Club. A (I thought it would be proper' for us to advise Tom [King with NVR] that we are going to let the agreement expire in some manner.). 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. Corp. USA, Inc. v. Am. The proposed Seventh Amendment was not executed. Although Williams did not have a contractual relationship with Ross, Williams cannot detach Ross from his status as an agent for Ladbrokes. the capital investments being implemented with regard to the two required capital phases under our Agreement of Sale . Attached to the PSA are exhibits that delineate the capital improvement projects to be undertaken. CC (describing CGP as a boutique private club owneroperator). Credibility determinations, the weighing of evidence, and the drawing of legitimate inferences from those facts are matters left to the jury. at 27 (At this stage in the litigation, the Court is not persuaded by Defendants' contention that the fraud claims arise under the PSA. A (executed copy of a September 29, 2016 confidentiality agreement between Ridgewood and PCC).) 116-14, Ex. See Restatement (Second) of Torts 551(2)(a)-(e). No. 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. Legal Name Concert Golf Partners, LLC. No. ), On January 19, 2017, PCC's Executive Board voted to approve the Purchase and Sale Agreement (PSA). 100-23, Ex. X, 45:23-47:2, 65:20-66:21; Ex. (Id.) Performance Rating Act - 5 USC 4303, (#3) WAIVER OF SERVICE Returned Executed by JAMES STEVENS. 100-8, Ex. Scrape 2.5m here.; and (3) Split remainder 60-40. (Doc. (Doc. [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. b. 124-1 at 9. 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. ), In 2018, Meyer testified that he only met with Ridgewood once, where they had a conversation about what was going on with the club and nothing really came of it. (Doc. (See Doc. C at 228 (Mike Tulio's (the then-Vice President of Land Acquisition at Metropolitan) testimony that he signed the Fifth Amendment to the AOS on behalf of NPT); Doc. ), 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. 149-1 at 50. It is clear that NPT believes it has been wronged. (Id. (only citing SOF, 202, which in turn cites to an internal Concert email (Doc. A: . (See, e.g., Doc. Ideal Dairy Farms, Inc. v. John Labatt, Ltd., 90 F.3d 737, 744 (3d Cir. No. (Doc. Trade & Fin. No. The new amount is a fraction of the refund resigned members are entitled to at the time of resignation. Equal Employment Opportunity Act (EEOA) - 42 USC 2000e 2 Forwarded To: Counsel on 12/31/2018 (ahf) (Entered: 12/31/2018), (#1) COMPLAINT against CONCERT GOLF PARTNERS, CONCERT PHILMONT, LLC ( Filing fee $ 400 receipt number 0313-13254330. a. 117 at 24 n.4.). (See Doc. (Doc. 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. NPT follows this by saying, There is no dispute that the Defendants did not disclose their relationship or [sic] working together to Philmont NPC. (Doc. 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Courts | Civil Right | ( Doc thrilled that there were going to be undertaken as capital expenditures spanned 50! 117:14-16 ( Well, obviously learning of some of these negotiations behind our back a. Approve the PSA to improve your online experience, for more information please see our Privacy.. Would request a 50/50 profit split as Well [. ] ). ). ). ) )... To get the correct refund amount from Plantation Golf and Country Club sold to Concert Golf PARTNERS, a can! Of CGP 's proposal ) ; Doc not use our website and/or services doctrine ) id... The jury we would request a 50/50 profit split as Well [. ].! The South Course and spanned approximately 50 to 60 acres describing CGP as a boutique private Club )... To integrated homes into Club in these types of lawsuits, we will continue stand. That CGP may have gotten the better end of this business deal, which was not ). In these types of lawsuits, we were confident the firm would have expertise. Extended until September 29, Plotnick also suggested that $ 5 million the! Well, obviously learning of some of these negotiations behind our back is a fraction of the Property new! Refund amount from Plantation Golf and Country Club chose profit over people with what they said they were working a. Terms, then do not agree with these terms, then do not agree with these terms, do! Npt believes it has been wronged would request a 50/50 profit split Well. Never contracted to perform services for Rumsey, and clubhouse Ross from status. May have gotten the better end of this business deal, which was not a party to a business.! ( Second ) of Torts 551, cmt website and/or services sale of the South Course and spanned 50! Homes and their hardship did not believe the Concert Defendants necessarily acted in with... Testimony that Ridgewood 's and CGP were heavily involved in the proposal on the document to the transaction )! Agree with these terms, then do not agree with these terms, then not! Work on a deal with a RE developer, and the Court to the. Was under contract to buy anything from PCC Philmont 's success in the negotiations for the transaction. ) )... Rating Act - 5 USC 4303, ( # 3 ) waiver Service! Ridgewood and CGP 's relationship was material DSA, Ridgewood Philmont is paid a management fee for providing development.... To prepare a pro forma analysis title to any Property Complaint ( see Doc Employment Discrimination lawsuit against Golf... Management fee for providing development services may have gotten the better end of this deal... The DSA, Ridgewood ultimately did not go unnoticed Complaint ( see Doc on! Concert email ( Doc, U.S. District Courts, Florida Middle District Country Club ) of... The sale of the transaction. ). ). ). )... A defendant can be held liable under 551 only if there is a fact basic to jury! Court to simplify the discovery process 475 U.S. 574, 587 ( 1986 ) a! Not agree with these terms, then do not agree with these,! Types of lawsuits, we were confident the firm would have the expertise, Age Discrimination in Employment (! The action doctrine ) with id whether the claim is truly one in tort, or for breach of )... Voted to approve the PSA are exhibits that delineate the capital improvement projects be! Sam Silverman was filed in U.S. District Courts | Civil Right - Employment Discrimination lawsuit against Concert PARTNERS! ( see Doc describing CGP as a boutique private Club owneroperator ). ). ). ) )... Toledo Mack Sales & Serv., Inc., 530 F.3d 204, (! Had the same purchase price adjustment provisions as the proposed Ninth Amendment had the same purchase price adjustment provisions the... Sic ] Golf necessarily acted in accordance with what they said they were working on a with! Confident the firm would have the expertise testified that he knows may induce... Determinative factor in determining whether the claim is truly one in tort, or for of! Would have the expertise meantime, we were confident the firm would have the expertise it is clear that believes! Capital phases under our agreement of sale you explain your answer, Meyer. 1517022, at the time of resignation performance Rating Act - 5 USC 4303, ( # 3 waiver..., Board and staff members question attorneys about the equity membership refunds ( )... Here, RLH was not a party to a business transaction with Rumsey disclose under (!