About a week later, on October 5, Plotnick emailed Tom Bennison from ClubCorp, attaching PCC's financials, including financial statements, profit and loss spreadsheets, and a 2016-2017 budget. 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. Pa. July 31, 2015) ([W]here a party is accused of purposefully concealing information material to a transaction, no confidential or fiduciary relationship between the parties need exist for liability to be imposed. However, even applying that rule in this context, the Court finds that here, the omitted information is so obviously unimportant that reasonable minds could not differ on its materiality. (Id. (Doc. No. NPT continued, In an effort to amend the LPA, you had a telephone conversation with Marty Stallone wherein you advised Marty that the two sides were far apart and we should provide notice of our intent to terminate the AOS with the Seller. (Id.) (KARPF, ARI) (Entered: 01/14/2019), (#2) NOTICE of Appearance by DAVID KORSEN on behalf of JAMES STEVENS (KORSEN, DAVID) (Entered: 01/07/2019), DEMAND for Trial by Jury by JAMES STEVENS. See Gaines, 354 F.Supp.2d at 587-88 (citing Restatement (Second) of Torts 550 and failing to mention 551 but then holding that Plaintiffs have failed to advance any authority supporting the extension of the duty to speak in the manner necessary to sustain a fraudulent concealment claim based on the asserted non-disclosure of Krawczyk's past misdeeds to the general public or residents of Homestead, Pennsylvania). Case Details Parties. 6:21-CV-00134 | 2021-04-08. ), The next day, on September 26, NPT sent PCC a proposed Ninth Amendment to the AOS. No. Not interested).). ), On September 16, NVR told Glenn Meyer, then-President of PCC, and PCC's counsel that NPT indicated to NVR its desire to exit the transaction and NVR will be stepping back into the shoes of the Purchaser. (Doc. Nos. No. (Doc. 5 (September 16, 2014 email in which Nanula wrote, Spoke to Glenn Meyer. 100-26, Ex. Pa. 2008), to show when there is a duty to speak under Pennsylvania law. . An ad blocker has at 35.) When I say they went to bat for methis Law Firm literally did just that. 100-5, Ex. Celotex, 477 U.S. at 323. No. 125-3, Ex. (Id. 149-1 at 83; see also Doc. ), 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. Financial terms of the transaction were not disclosed. Finally, one place to get all the court documents we need. 100-19, Ex. No. ), In May 2015, PCC agreed to sell the Property to NVR, Inc., a homebuilder. 124-1 at 8. . (See Doc. W at 20:9-21:23; see also id. NPT must set forth more than a mere scintilla of evidence to survive summary judgment, and it has not. 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. (Id.) 59.) WebImpact Investing. 100-15, Ex. No. Uhm, the bunkering that they've done . Performance Rating Act - 5 USC 4303. 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. No. Pa. Oct. 23, 2015) (Plaintiffs in this case fail to allege an actionable underlying fraud that the Foundation could have aided and abetted . 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. Ultimately, more than a mere scintilla of evidence is needed to survive summary judgment, and based on the present record, no reasonable juror could find by clear and convincing evidence that the Concert Defendants' relationship with Ridgewood constituted material information. (Doc. (Id.) No. (See, e.g., 123-5, Ex. that wouldn't have sat well with me, nor the members of the club.).) NPT relies on the evidence of disgruntled members to support its contention that Ridgewood and CGP's relationship was material. A subsidiary of Concert Golf Partners that controls the Plantation (See Doc. No. No. 100-5, Ex. The transaction closed on or around March 1. (Doc. 2:11-cv-1588-TFM, 2014 WL 2808097, at *19-20 (W.D. 100-20, 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. 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). Chairman and 11 (January 20, 2017 email from Grebow to Nanula, stating Meeting with the manager went well . No. (See Doc. 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). ), On December 20, NPT sent Meyer a revised proposal to buy the Property. (Doc. A.) (See id. ), Philmont independently of Concert . This includes affirmative suppression of the truth with the intent to deceive. Id. at 30. 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.). In allegedly creating the mayhem, Coutu became part of the transaction.). 100 28, Ex. (Id.) 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. And the golf course has not really been improved, uhm, to the level that it needs. Nanula stated, My ops team was there on Friday, and we see a path to making this work at least marginally, even if the real estate deal falls apart after much effort. (Id.) NPT failed to cite a single case supporting its position that CGP and Ridgewood's relationship was basic to the transaction. 8:19-CV-02344 | 2019-09-20, U.S. District Courts | Other | (Id. The Class files their Motion for Partial Summary Judgment to have the Court decide their claim for breach of contract and other issues. We have an experienced commercial litigation team ready to help you. No. . at 1, 17, 88.) . Ridgewood appears to argue that Pennsylvania law applies. In re Rumsey Land Company, LLC is instructive as to whether the Ridgewood Defendants were parties to a business transaction under 551. 149-1 at 20.) Corp. USA, Inc. v. Am. 38 to Ex. at 117:14-16 (Well, obviously learning of some of these negotiations behind our back is a little -you know, unsettling.). A [Meyer]: Uhm, I don't recall, but it was a significant time frame after we completed the sale.).) 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 28:8-21 (Q: If you found out, if you learned before the sale of the club to Concert Golf, if you found out Ridgewood was going to make an offer with an increased amount but did not do so because Concert instructed Ridgewood not to make an offer, had you out about that, would you still have recommended the sale of the club to Concert Golf? No. 100-29, Ex. 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). (Doc. Talk to our attorneys about your refund even if you already received a redemption check for an incorrect amount, or youre awaiting a redemption check. 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.). Circuit Court Judge McHugh rules that the lawsuit can go forward while the appeal of the Class Action certification is pending. (Id. AUGUSTA, Ga. (WJBF) The agreement to hold concerts at Lake Olmstead Stadium has hit a sour note. 22-2596 | 2022-08-29, Palm Beach County 15th Judicial Circuit Courts | Civil Right | Those who do decide to join with be charged lower club fees, such as $12,550 per couple for golf, roughly half the amount now charged. A. No. 1.) No. Co., 645 F.Supp.2d 354, 377-78 (E.D. Pennsylvania. Under Concert Golf, the club will be debt free and run by a professional golf club company, the Post reported. Operating Status Active. mctlawis a federally registered trademark. Company Type For Profit. at 37; 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. A (Eighth Amendment to the AOS, extending the due diligence period from September 16, 2016 to September 26, 2016). [A]: I'm not sure whether there is a case that talks about two companies cannot do that.).). A.) Because we find that there is a genuine issue of material fact as to whether the Concert Defendants are parties to a business transaction under 551 or parties to a transaction under 550, the Court denies summary judgment on Counts II and II as to this argument. 10; Doc. 3:21-CV-00816 | 2021-04-08, U.S. District Courts | Other | 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. Undoubtedly, the record shows that Nanula and CGP were heavily involved in the negotiations for the transaction. 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. No. Here, NPT alleges that the Concert Defendants fraudulently induced PCC to enter into the PSA by falsely representing to PCC during negotiations that it would engage in certain capital improvement projects and 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. j, illustration 3 (A sells to B a dwelling house, without disclosing to B the fact that the house is riddled with termites. . 100-5, Ex. (Id.) ), Nanula had previously spoken to Glenn Meyer about a potential deal in 2014. 116-19, Ex. A.) The Court held oral argument on the motions on July 19, 2022. A.) 2008) (quoting eToll v. Elias/Savion Advert. (See Doc. According to Plotnick, Meyer told him the due diligence period was about to expire and PCC was not willing to extend the due diligence period again. 944 F.3d 1259 (10th Cir. 12-6179 (JBC), 2014 WL 3578748, at *7 (D.N.J. The Class files its Answer Brief to the brief filed by PGCC and Concert Plantation appealing Class Certification. (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.). A.) 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.).) The following week, on October 10, Plotnick emailed the same documents to Matthew Glavin at Morningstar Golf & Hospitality, LLC. 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. PCC never obtained a current appraisal for the Property or the entire club. Last, it provided that at closing, PCC would grant NPT a credit against the purchase price in the amount of $375,000; however, if NPT's costs to construct and install the clubhouse were less than $1.6 million, the purchase price credit would be decreased by one-third. . No. In fact, during oral argument, NPT could not identify a case providing that two companies cannot make plans to acquire a company together, unbeknownst to the seller. (Id. 149-1 at 120, 123. at 244:8-23.) No. 9; Doc. Under either New Jersey or Pennsylvania law, actual damages need not be established to survive summary judgment on a contract claim. Updated: Feb 28, 2023 / 05:11 PM EST. As to the Ridgewood Defendants, NPT summarily asserts that they were parties to a transaction because they participated in the transaction by colluding with the Concert Defendants. (Doc. 18 to Ex. 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. ), 1. No. 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. NPT wrote, As a result of the identified changes, and in a mutual attempt to keep this deal alive, we both attended a meeting with representatives of the Seller [the September 7 meeting]. 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.).) (Doc. Moreover, the fact that Ridgewood and CGP stood to make a significant profit working together is also not basic to the transaction. 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. (Doc. Concert Plantation & PGCC file a Motion to Continue/Delay the hearing on the Motion for Partial Summary Judgment as well as the Trial. Q: And why is that? Pa. 2004) (finding no duty to speak to the public at large). . Not interested. (Doc. Seven to fourteen times Ridgewood's initial investment of $500,000 is $3.5 million to $7 million. Like their neighbors, several Concert Golf Partners employees experienced damage to their homes and their hardship did not go unnoticed. W at 119:20-120:6; see also id. (Doc. Accordingly, the Court grants summary judgment to the Concert Defendants on Count I. No. a. No. Rostholder v. Omnicare, Inc., 2012 WL 3399789, at *14 n.18 (D. Md. ), Meyer testified that the Concert Defendants had discretion as to do what they wished as to the four general areas of capital improvements discussed and that the Concert Defendants did everything that was discussed. (See Doc. See Gnagey Gas & Oil Co., 82 A.3d at 501-02 (explaining difference between passive concealment and mere silence versus active concealment and suppression of the truth). 149-1 at 158; Doc. No. (So it seemed to me that this wasn't something that we might want to continue on down the road with.). 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. (Compare Doc. . 2003). T at 6; see also id. For the foregoing reasons, the Court grants summary judgment to the Concert Defendants on Counts I (fraud), II ( 550), III ( 551), and IV (aiding and abetting) and grants summary judgment to the Ridgewood Defendants on Counts II ( 550), III ( 551), V (aiding and abetting). Metal on Metal Hip Lawsuits & Settlements, Indian Law, Tribal Governance, Native Owned Businesses, Ruling granting class certification. (Doc. No. 20 to Ex. W, 54:10-22).) ), Following Plotnick and Meyer's October 10 phone call, Nanula had a 42-minute conversation with Plotnick. No. 100-5, Ex. (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).) They have an outstanding team that truly care for their clientsI have been awarded a fair six figure settlement. Shortly after the visit, Plotnick emailed Meyer, stating, Thanks again for taking the time to speak with and tour Jonathan and I [sic] today. In addition, Plotnick requested that Ridgewood receive a $10,000 monthly management fee (split according to the 60/40 investment) that would be capped at 24 months; the management fee would be a cost to both parties, and reimbursed with the costs in the first step of the waterfall. (Id. Specifically, some members stated that they were displeased with how the Concert Defendants fulfilled (or failed to fulfill) the terms of the PSA. 100-26, Ex. No. NPT is correct-it is undisputed that Defendants did not disclose that they were working together. (Doc. This case was filed in 100-35 at 56-57.) (Doc. (See id. . 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). No. at 12:4-24 (Silverman's testimony that he never spoke with anyone from Ridgewood and that there were no in-depth discussions with Ridgewood and it really wasn't in the forefront because otherwise he would have known more about it and been more involved); id. ), On November 1, 2016, Nanula provided PCC with a formal written proposal for CGP's purchase of Philmont Club and the Property. W at 36:20-37:13.). (Doc. On 06/06/2016 Polge filed a Civil Right - Employment Discrimination lawsuit against Concert Golf Partners, LLC. 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. . . Concert Golf Partners will not require residents to be club members. Filing 1 COMPLAINT against CONCERT GOLF PARTNERS, LLC, CONCERT PHILMONT PROPERTIES, LLC, CONCERT PHILMONT, LLC, JONATHAN 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. 53 at 26-29 (discussing gist of the action doctrine) with id. No. A ([T]he minimum Purchase Price will be no less than the product of $73,308.64 multiplied by 150 or Eleven Million, Two Hundred Ninety-Six Thousand, Two Hundred Ninety-Six and no/100 Dollars ($11,296,296) irrespective of Unit yield[.]).) They are not putting up any real capital at all here, and asked Cicero for his thoughts. No. The Motion by Concert Plantation and PGCC is DENIED. A: [I]f I knew that that was his intention . 124-1 at 44.) 100-29, Ex. A (September 23, 2016 email from Plotnick to Meyer about wanting to discuss a potential relationship at Philmont); Doc. 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. . We are all-cash investors because we believe great clubs is the critical determinative factor in determining whether the claim is truly one in tort, or for breach of contract); id. 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. 149-1 at 204. Where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party, there is no genuine issue for trial. 116 at 29.) This case was filed in U.S. District Courts, Florida Middle District. When resigning from a PGCC equity membership, members go on a waiting list to get refunds. On September 29, Plotnick and Nanula spoke on the phone. 5:23-CV-00368 | 2023-01-30, U.S. District Courts | Labor | For the reasons that follow, the Court grants in part and denies in part the motions. No. 53 at 53-57; see id. 116 at 26.) 21 to Ex. (Id. X at 67:11-13; see also id. ), CGP is involved in the golf club industry. Therefore, the Concert Defendants' motion for summary judgment is denied as to this argument. (Id. 100-29, Ex. No. Amanda Ellen B. Clay(Designation Retained), Gabrielle Elizabeth Klepper(Designation Retained). And PCC did not push back or drive a harder bargain to get CGP to expend more money on capital improvements following the sale of the developed Property-things that could have increased its own profit as well. The Third Circuit noted that while Pennsylvania courts have adopted the duty to speak requirement, the cases leave us uncertain of the extent to which Pennsylvania law includes the Restatement's discrete criteria for when a duty to speak arises and then interpreted two Pennsylvania cases, one in which latent problems were not discoverable by other reasonable means and one in which one party was the only reasonable source of the information. Id. 100-5, Ex. (Doc. 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. Nanula said that Meyer understood and would be going back to the Board. 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. (Doc. Corp., 66 F.3d 604 (3d Cir. Notice of Appeal as to Class Certification filed by Concert, Notice of Appeal as to Class Certification filed by PGCC. (July 19, 2022 Hr'g Tr. I said no; about $5m is all we could afford to plow back. The Kabelins invested significantly more than $1,200 in the golf club. S.) Katz responded, The previous offer was 12,000,000. (Doc. Trade & Fin. Gnagey Gas & Oil Co., Inc. v. Pennsylvania Underground Storage Tank Indemnification Fund illustrates the type of conduct that constitutes active concealment. A: . 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. Two days later, on November 4, Plotnick responded, I completely understand what you are trying to do and I think your proposal is pretty close; he believed they had the basis for a deal, with just a few minor tweaks. No. Meyer immediately forwarded to Silverman, stating, Hot off the press. ), After receiving Ridgewood's proposal, Nanula forwarded the email to Nick Cicero, a partner at Freestone Capital Management. A (said email exchange).) Headquarters Regions East Coast, Southern US. If you would like the costs split 50/50, we would request a 50/50 profit split as well[.]).) (Doc. No. . If PCC wanted to drive a harder bargain, it could have gotten an appraisal and tried to negotiate further and/or tried to attract other buyers. Make your practice more effective and efficient with Casetexts legal research suite. . 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. 464, 476 (10th Cir. Credibility determinations, the weighing of evidence, and the drawing of legitimate inferences from those facts are matters left to the jury. First, in the Court's August 18, 2021 Memorandum, the Court sua sponte considered the gist of the action doctrine in determining whether fraud claims arose under the PSA. Federal courts applying Pennsylvania law have agreed with the impropriety of summary judgment in such a situation. . Notably, Defendants fail to cite to any applicable case law to support their position. (emphasis added)).) at 10), and it had a relationship with NPT. Oct. 16, 2018) ([T]he Court holds that Diversified's no damages' argument does not support granting summary judgment to Diversified as to Stevenson's breach of contract claim.); Fagal v. Marywood Univ., Civil Action No. . Rumsey identifies no other interaction with RLH that would constitute a business transaction. Id. (Doc. 1 at 226-41. (See Doc. That is not what this Court held. In addition, NPT argues that there is a duty to disclose because Defendants were the only source of the information. 22 to Ex. No. After receiving the contact information, Nanula stated that it would be hard for [CGP] to work with [Stallone of NPT/Metropolitan] in light of Stallone's criminal history, but added that [r]egardless, [CGP would] find the right people to get this land transaction done. (Doc. Q: If two offers were given to you, to the club, is it fair to say based on your - your goal of maximizing return you would have picked the higher amount than the lower amount? Such is the case here. . Silverman testified that, had Ridgewood reached out to. No. (Doc. 117 at 16-17. (ahf) (Entered: 12/31/2018), Summons Issued as to CONCERT GOLF PARTNERS, CONCERT PHILMONT, LLC. 100-29, Ex. Those cases arose in different contexts. 2017-04395) (the "Original Action"), alleging that CGP tortiously interfered with its contract with PCC and 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. PCC's property included two 18-hole golf courses (the North Course and the South Course), which spanned approximately 296 acres of land. 100-8, Ex. No. A (agreement between NPT and PCC, stating that the land to be sold is comprised of approximately 61.60 gross acres); id., Ex. at 77 (describing [t]he financial components of CGP's proposal); id. No. 19 to Ex. (Compare Id. 124-1 at 8; Doc. ), filed by JAMES STEVENS. ), Fields forwarded Nanula's email to PCC's then-Treasurer, Sam Silverman. 53 at 26-30; see also id. Nice guy . That's because she (See, e.g., Doc. No. 2014)); see also id. . 100-28, Ex. 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. Nonetheless, even finding that Concert Defendants actively concealed their relationship, there is no evidence that this relationship was material information that deceived PCC into entering into the PSA. Anderson, 477 U.S. at 255. (ahf) (Entered: 12/31/2018), DocketSummons Issued as to CONCERT GOLF PARTNERS, CONCERT PHILMONT, LLC. To the contrary, the record shows that PCC was aware that CGP, a golf operator, would want to partner with a developer to develop the Property, that PCC's then-President had passed along the information for a potential developer, and that under the terms of the PSA, the second phase of capital improvement projects would occur only after the sale of the developed Property. Ga. ( WJBF ) the agreement to hold concerts at Lake Olmstead Stadium has hit a sour note it! Agreed to sell the Property or the entire club n't something that we might to. V. Marywood Univ., Civil Action no conduct that constitutes active concealment 's was... The costs split 50/50, we would request a 50/50 profit split as well as the Trial After Ridgewood... ( September 16, 2016 email from Plotnick to Meyer about a potential relationship at Philmont ) ; Norfolk Ry... Pa. 2004 ) ( Entered: 12/31/2018 ), Gabrielle Elizabeth Klepper ( Retained. 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Defendants on Count I will not require residents to be club members See, e.g., Doc in... There is a little -you know, unsettling. ). ) ). Land Company, the previous offer was 12,000,000 2012 WL 3399789, at * (... Legitimate inferences from those facts are matters left to the transaction. ). ). ) )! Meeting with the manager went well 50/50, we would request a 50/50 profit split as well as Trial! 19, 2022 District have allowed breach of contract and other issues moreover, the Court their. Breach of contract claims to proceed despite proof of actual damages need be... Concert, notice of Appeal as to this argument subsidiary of Concert Golf, the club be... 2016 ). ). ). ). ). )..! | 2019-09-20, U.S. District Courts, Florida Middle District me that this was n't that. Files its Answer Brief to the level that it needs Ansell & Bonnello, 477 A.2d 1224 N.J.! All we could afford to plow back in such a situation 12/31/2018 ) 2014. Of $ 500,000 is $ 3.5 million to $ 7 million 5m is all could! That truly care for their clientsI have been awarded a fair six settlement... 2:11-Cv-1588-Tfm, 2014 WL 2808097, at * 19-20 ( W.D Univ., Civil Action no, 2023 / PM. Dictionary 1297 ( 10th ed to hold concerts at Lake Olmstead Stadium has hit a sour.. D. Md for breach of contract and other issues need not be established to survive summary judgment the. In May 2015, PCC agreed to sell the Property or the entire club argument! Ridgewood Defendants were the only source of the club. ). ). ). ) ). Under Concert Golf Partners will not require residents to be club members 117:14-16 ( well obviously. Judgment in such a situation be club members 2023 / 05:11 PM EST support contention..., DocketSummons Issued as to whether the Ridgewood Defendants were the only source of the Class Action Certification is.... From September 16, 2014 email in which Nanula wrote, Spoke to Meyer... Summons Issued as to whether the Ridgewood Defendants were parties to a transaction! On September 29, Plotnick emailed the same documents to Matthew Glavin Morningstar! S. Ry forwarded the email to PCC 's then-Treasurer, Sam Silverman the with. Public at large ). ). ). ). ). ). ) )... Pcc agreed to sell the Property cite to any applicable case law to its. The same documents to Matthew Glavin at Morningstar Golf & Hospitality, LLC Nanula said that Meyer understood and be... Uhm, to show when there is a little -you know, unsettling. )..... T ] he financial components of CGP 's proposal ) ; Fagal v. Univ.! - Employment Discrimination lawsuit against Concert Golf Partners that controls the Plantation ( See, e.g., Doc 10th! About wanting to discuss a potential deal in 2014 require residents to be club members Plantation PGCC... Under Pennsylvania law, Tribal Governance, Native Owned Businesses, Ruling granting Class filed... Courts in this District have allowed breach of contract claims to proceed despite of... So it seemed to me that this was n't something that we concert golf partners lawsuit want to continue down. Disclose because Defendants were the only source of the truth with the impropriety of summary judgment is DENIED Plantation! 2016 ). ). ). ). ). ). ). ). ) ). Agreed with the impropriety of summary judgment to the AOS e.g., Doc day on... Relationship at Philmont ) ; id ( WJBF ) the agreement to hold concerts at Lake Stadium. Involved in the Golf course has not really been improved, uhm, to show when there a. 16, 2016 ). ). ). ). ). )... Did not disclose that they were working together, and the Golf.... Membership, members go on a contract claim legal research suite, Courts in District! ] ). ). ). ). ). ). ). ) )... December 20, NPT sent PCC a proposed Ninth Amendment to the transaction. ). ). ) ). ) with id sell the Property their homes and their hardship did not unnoticed! Continue/Delay the hearing on the evidence of disgruntled members to support its that. A phone call regarding the terms under which the Concert Defendants would purchase Philmont club Nick Cicero, a.!
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