W at 54:10-22 (Q: . Accordingly, the Court denies Ridgewood's motion for summary judgment as to the breach of contract claim. Their group is an all-cash investor in Privacy Policy | Terms | Careers with mctlaw. . 124-1 at 46.) (KARPF, ARI) (Entered: 12/31/2018). at *3-4 (finding that the defendant-insurance adjuster was a party to the transaction for purposes of 551 despite the fact that the adjuster was not named in the insurance policy or any other contract). 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. No. No. 100-5, Ex. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 124-1 at 21; see also Doc. at 67-69.) Second-and most importantly-the Court only determined that the fraud claim as alleged in the initial Complaint sounded in tort. At the conference, Plotnick expressed interest to Brown about a potential transaction between PCC and Ridgewood. Filing 1 COMPLAINT against CONCERT GOLF PARTNERS, LLC, CONCERT PHILMONT PROPERTIES, LLC, CONCERT PHILMONT, LLC, JONATHAN Plotnick and Meyer spoke on the phone on October 5, October 10, and October 13. (See id. No. Co., 645 F.Supp.2d 354, 377-78 (E.D. 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. We have an experienced commercial litigation team ready to help you. at 37; see also Doc. A (September 23, 2016 email from Plotnick to Meyer about wanting to discuss a potential relationship at Philmont); Doc. 124-1 at 8; Doc. As noted above, the 551 claim against the Ridgewood Defendants cannot stand because they were not parties to a business transaction. No. In the revised proposal, NPT offered PCC two options: either [a] purchase price of $12 million subject to zoning, land development, and environmental contingencies or [a] purchase price of $5 million for the Property as-is, plus $1 million conditioned on rezoning approval for 160 or more restricted townhouses. (Doc. 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. (Id. the club still may have moved forward given the situation it was in. (Id. Therefore, I am respectfully requesting for you to determine which course of action you like us to proceed [sic][.]).) at 98.) 149-1 at 120, 123. 2020-03-13, U.S. District Courts | Other | ), Following Plotnick and Meyer's October 10 phone call, Nanula had a 42-minute conversation with Plotnick. ), The agreed-upon Initial Capital Projects consisted of: renovating the men's and women's locker rooms so that they met a modern country club standard; improving the North Course bunker, cart path, greens, and drainage and removing trees; renovating the pool and pool area; and upgrading the HVAC infrastructure. 2:18-CV-05122 | 2018-11-28, U.S. District Courts | Civil Right | ), The Property consisted of nine of eighteen holes of the South Course and spanned approximately 50 to 60 acres. Plantation refund lawsuit expands to 54 plaintiffs Earle Kimel earle.kimel@heraldtribune.com 0:00 1:33 SARASOTA COUNTY A lawsuit against Ultimately, only Concert Philmont took title to any property. A: It - it might have. 149-1 at 90. (See Doc. 100-5, Ex. Operating Status Active. Performance Rating Act - 5 USC 4303. Specifically, NPT alleges that CGP falsely represented that it would make $4 million in initial capital improvements upon acquiring PCC and another $5 million in capital improvements upon the sale of the Property when, in fact, it never intended to expend[] the full amount or engage in those projects as represented. (Id. W at 27:1-10, 35:18-36:11, 46:4-8. (Id. at 79-80; id. No. Nanula said that Meyer understood and would be going back to the Board. On October 3, 2016, Meyer informed Nanula that the AOS had been terminated and that PCC was considering its options for moving forward. No. No. He wanted to explore how we could give the club 100% of all our real estate proceeds . W 54:10-54:22 (Q: [I]f you knew that Mr. Nanula was promising to spend $5 million . Ins. 14 to Ex. The due diligence period was set to run from July 23, 2015 through October 21, 2015. (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).) Mctlaw fights for you to get the correct refund amount from Plantation Golf and Country Club. 100-32, Ex. To change redemption bylaws, 100% of the resigned members waiting for refunds must agree to any changes. 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.) A; Doc. I think that shows we are for real and committed to getting this deal done.). 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.) No. Lake Mary, FL and Santa Monica, CA April 21, 2022 Concert Golf Partners (Concert Golf, CGP or the Company) announced today that it has received an investment from Clearlake Capital Group, L.P. (together with its affiliates, Clearlake). Discovery Inc. is suing Paramount Global, saying its competitor aired new episodes of the popular animated comedy series South Park after A (November 1, 2016 Proposal from CGP to PCC stating the key financial components of the transaction).). ), On August 26, 2021, NPT filed an Amended Complaint. And NPT has made quite clear that it is pursuing a fraudulent nondisclosure claim based on the Restatement (Second) of Torts 551. (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. 100-8, 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.).) Shortly after the AOS was executed, however, NPT learned that a 2014 zoning change meant the Property could only yield 105 units by-right. (Doc. 14 to 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. (Doc. No. Agreed Order is entered by the Court to simplify the discovery process. And Plaintiff relies on Gaines to support its position that Ridgewood is a party to a transaction for purposes of 550. (Doc. 14 to Ex. At the time of the meeting, the country club listed over 500 pending resigned members awaiting redemptions. No. No. X at 65:20-66:15.) 36 to Ex. 149-1 at 59. at 188:2-12. 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.). Section 551 imposes liability when one . 1. This is not a fact basic to the transaction.). Pa. Feb. 12, 2018) (Permitting a fraudulent inducement claim in this case would essentially negate the entire [] gist of the action doctrine because a Plaintiff would have only to allege that Defendants never intended to abide by a provision in their contract in order to escape dismissal. No. A.) No. Notably, Defendants fail to cite any applicable case law to support their position.).). They have an outstanding team that truly care for their clientsI have been awarded a fair six figure settlement. 18 to Ex. 116 at 26.) No. NPT is correct-it is undisputed that Defendants did not disclose that they were working together. 2 to Ex. VENICE What began as one lawsuit seeking a refund of an equity membership in the Plantation Golf & Country Club will go to trial next year as a class action involving hundreds of plaintiffs. (Doc. He alleges only the failure to disclose. (quoting Colton, 231 F.3d at 898)). No. The evidence showed that Gnagey had discarded the abandoned tanks and the soil, and backfilled the excavated area without informing the Fund that it discovered the abandoned tanks; changed its invoicing procedure to the Fund after discovering the abandoned tanks; and issued three invoices to the Fund accompanied by photographs, narratives, and a chronology of daily work activities, all of which failed to document or disclose the abandoned tanks. Id. No. Mail Class Action Notices mailed to class members/former PGCC equity members. 2 to Ex. ), Defendants are correct that 550 and 551 impose liability only on one who is a party to a transaction. 2018) (rejecting the plaintiff's argument that the need for chloride-free insulation to reduce the risk of corrosion was basic to the plaintiff's agreement to purchase crystallizer tanks from the defendant and finding that although the facts were important, they were not necessarily basic). PCC, NVR, and NPT met the next day, September 7, to discuss these issues. ), 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. 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. No. On 06/06/2016 Polge filed a Civil Right - Employment Discrimination lawsuit against Concert Golf Partners, LLC. No. 101-1 at 17 (citing case applying Pennsylvania law).) Grp., Inc., 667 F.Supp.2d 443, 450 (M.D. (See Doc. ), 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. No. ), filed by JAMES STEVENS. ), 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. NPT, individually and as PCC's assignee, asserted claims for fraud, breach of contract, conspiracy, and violations of federal antitrust law. On July 22, 2015, NPT and NVR entered into a Lot Purchase Agreement (LPA), which provided that NPT would sell the individual lots to NVR. Metropolitan Development Group (Metropolitan) is a land development business (see id. Equal Employment Opportunity Act (EEOA) - 42 USC 2000e 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. No. ([W]e are offering [PCC] $5 million 100% guarantee for the 9-holes. 149-1 at 63; Doc. 100-18, Ex. (Id. 100-5, Ex. The transaction closed on or around March 1. (See Doc. 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. That Ridgewood could net a significant return from partnering with CGP does not mean that PCC was swindled. Nanula decided it was time for Ridgewood and CGP to paper our deal on the real estate opportunity and asked Plotnick to send him his tweaks to CGP's counter-proposal. (See Doc. W, 54:10-22).) It is undisputed that CGP incorporated Concert Philmont to purchase the Club (id. (Doc. Plantation Golf and Country Club is governed through bylaws established when the club first opened. 2:23-CV-00344 | 2023-01-27. . ), Meyer is a financial planning and investment advisor. NPT failed to cite a single case supporting its position that CGP and Ridgewood's relationship was basic to the transaction. No. & PowerReit, No. 173)-notwithstanding the fact that he had told Ridgewood that he was ready to paper [their] deal the week prior (Doc. 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.) at 50-53.) According to Meyer, Brown Golf Management both own[ed] clubs and served[d] as a management company for clubs across the country, and PCC had roughly a two-year relationship with them. (Doc. 100-5, Ex. b. Nos. 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. . 116-13, Ex. I don't know the answer to that question.).) (July 19, 2022 Hr'g Tr. 59 at 26-27 (Count I).) 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. ), 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. . 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