No. Plotnick testified that he spoke with Meyer that same day and that Meyer told him PCC was under contract to sell the Property. 100-34, Ex. The due diligence period was extended until September 29, 2016 through a series of eight amendments to the AOS. Concert Golf Partners inherited the suit when it purchased the club in January 2019. No. No. Co., 920 F.Supp. (Doc. No. No. A; see also Doc. NPT insists that Ridgewood did not make an informal offer for $5 million, despite Meyer's testimony in 2021 that such an offer was made. 116-8, Ex. Co. v. Coutu, Case No. ), 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. 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.). 22 to Ex. 2003). 20 to Ex. No. . 5:23-CV-00394 | 2023-01-31, U.S. District Courts | Civil Right | Civil Action 19-4540-KSM (E.D. 100-5, Ex. at 22.) No. No. Nanula's math show[ed] that with this division Ridgewood still makes 7-14x your invested capital in any reasonable scenario. (Id.) 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. Nanula responded, Yes, but this firm is in advanced talks with club president about buying this 35 acre parcel from the club . (See Doc. Pa. 2009) ([S]everal district courts evaluating the gist of the action doctrine have held that fraudulent inducement claims are still barred when the fraudulent statements made during negotiations becomes the basis for a subsequently executed contractual duty.). (Id. ), H. PCC Sells Philmont Club to the Concert Defendants, On November 17, PCC's Board of Directors approved CGP's proposal. No. 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. 16 to Ex. Meyer testified that it would have been disconcerting to hear that Nanula had been speaking with another potential buyer about not approaching Philmont. 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. 22 to Ex. 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? ; see also Doc. 1 to 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).) M, with Doc. Id. 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. [A]: I'm not sure whether there is a case that talks about two companies cannot do that.).). ), NPT. 116 at 26 (quoting Parasco v. Pac. 1. . (Doc. The Class files its Motion for Rehearing of Summary Judgment filed. (See, e.g., 123-5, Ex. No. 100-23, Ex. All of these ball drops' as Peter Nanula would refer to them, along with the disregard to the contract (60 Acres of Land vs 80, Modern Clubhouse Standards, Outings during off-peak times, and $5M of improvements [I'd be shocked if half of that was spent with the patchwork that has been done to date]) have brought me to my design [to resign. 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. 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. Silverman testified that, had Ridgewood reached out to. 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. 100-5, Ex. mctlaw Fights to Help You Receive the Amount You Deserve. A; Doc. Ultimately, only Concert Philmont took title to any property. A.) No. . (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. 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. 37 to Ex. (Id. 149-1 at 59. Id. ), Fields forwarded Nanula's email to PCC's then-Treasurer, Sam Silverman. (ahf) (Entered: 12/31/2018), Summons Issued as to CONCERT GOLF PARTNERS, CONCERT PHILMONT, LLC. 10; Doc. 100-29, Ex. at 88) and that Concert Philmont was not incorporated until January 23, 2017 (id. To that end, the crux of the original fraud claim pertained to Ridgewood and CGP's alleged misrepresentations as to the riskiness of developing the Property, not capital expenditures. (Doc. (Doc. To change redemption bylaws, 100% of the resigned members waiting for refunds must agree to any changes. No. j, illustration 3 (A sells to B a dwelling house, without disclosing to B the fact that the house is riddled with termites. W at 111:3-9, 111:15-18.) (Id.) and then Concert told Ridgewood to stay down, therefore, not to have potentially two people interested in Philmont, that would have changed [his] opinion of the transaction. Refund amounts are based on the current Bylaws when the members resignation occurs. ), 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. Id. 116 at 26-27.) 14 to Ex. 100-16, Ex. 149-1 at 14.) 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). (See Doc. (See id. CONCERT PHILMONT, LLC doing business as PHILMONT COUNTRY CLUB, 3331 Street Road, Two Greenwood Square, Suite 128, 3331 Street Road, Two Greenwood Square, S/128, Docket(#3) WAIVER OF SERVICE Returned Executed by JAMES STEVENS. Last Funding Type Private Equity. ), Ridgewood and CGP continued to keep in touch as things moved ahead with CGP and PCC. Nos. 1995) to support its duty to speak test. Undoubtedly, the record shows that Nanula and CGP were heavily involved in the negotiations for the transaction. (Id. Those cases arose in different contexts. (Id. No. The fact of the matter is that PCC was distressed and in need of capital; that CGP and Ridgewood took advantage of PCC's financial woes does not make the Defendants' actions unlawful. (Doc. As noted above, a defendant can be held liable under 551 only if there is a duty to disclose. Because the gist of the action doctrine analysis is dispositive and bars NPT from bringing its fraud claim against the Concert Defendants, the Court does not address the Concert Defendants' other arguments as to why summary judgment is warranted on the fraud claim. However what surprised us most was the high level of excellent customer service from the firms staff! No. . at 97. Plantation Golf and Country Club is governed through bylaws established when the club first opened. 100-5, Ex. See In re Westinghouse Sec. NPT counters that New Jersey law applies, citing to a choice of law provision in the Confidentiality Agreement. 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. A; Doc. See Church Mut. 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.) 100-28, Ex. At first, PCC agreed to sell the Property to Toll Brothers, but Toll Brothers terminated that agreement in July 2014. Formed by Peter Nanula, the founder and CEO of Arnold Palmer Golf Management (1993 to 2000), Concert Golf has amassed a pool of patient, long-term equity capital to invest in and upgrade large-scale private clubs located in major metro areas. Where, as here, the precontractual statements that form the basis for the fraudulent inducement claim concern specific duties that are later outlined in the contract, courts in this Circuit routinely dismiss the claims as sounding in contract and thus barred by the gist of the action doctrine. The Court dismissed the aiding and abetting fraud claims. 100-5, Ex. A (CGP's proposal that it would fund approximately $5 million in phase two capital improvement projects after a real estate transaction involving the sale of approximately 50 to 60 acres on the South Course). Plotnick added, In the meantime, we will continue to stand on the sidelines and let you do your thing. at 45:23-47:2. 5 (September 16, 2014 email in which Nanula wrote, Spoke to Glenn Meyer. PCC's property included two 18-hole golf courses (the North Course and the South Course), which spanned approximately 296 acres of land. In allegedly creating the mayhem, Coutu became part of the transaction.). (Doc. 100-5, Ex. that wouldn't have sat well with me, nor the members of the club.).) No. Thus a seller who knows that his cattle are infected with tick fever or contagious abortion is not free to unload them on the buyer and take his money, when he knows that the buyer is unaware of the fact, could not easily discover it, would not dream of entering into the bargain if he knew and is relying upon the seller's good faith and common honesty to disclose any such fact if it is true. (emphasis added)). Although the Court does not rely on this in so holding, the Court notes that as of January 20, 2017before the PSA was executed-the Township was aware that Ridgewood and CGP were working together. (Doc. No. at 59, Appendix A to the PSA. NPT also named Concert Philmont, LLC, Concert Philmont Properties, LLC, and Ridgewood Philmont, LLC as Defendants in its original Complaint. We are a boutique owner-operator of upscale private golf & country clubs nationwide. A (showing that CGP stated that, upon closing of a real estate transaction on the 60-acre Property, it would commit to fund $5 million in a second phase capital projects). T.) NPT's revised proposal included a chart comparing NPT/Metropolitan's proposals side-by-side to CGP's proposal. See Wen, 117 F.Supp.3d at 683. A.) 53 at 27-29 (At this stage in the litigation, the Court is not persuaded by Defendants' contention that the fraud claims arise under the PSA. at 23. ([W]e are offering [PCC] $5 million 100% guarantee for the 9-holes. In sum, the Court finds that the Ridgewood Defendants were not parties to a business transaction under 551 or parties to a transaction under 550, and, therefore, we grant summary judgment in their favor on Counts II and III. ), Meyer is a financial planning and investment advisor. 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. Q: If you had known that Concert and Ridgewood were anticipating millions in extra profit from the deal, would you have thought differently about the deal that Concert was offering to Philmont Country Club? 100-32, Ex. 100-17, Ex. at 79-80; id. No. 13 to Ex. 20-6127, 2021 WL 6106423, at *1, *5 (E.D. Ct. 2002)). No. A (said email exchange).) 149-1 at 48; see also Doc. . Section 550 applies to fraudulent concealment claims (i.e., active concealment), while Section 551 applies to fraudulent nondisclosure claims (i.e., mere silence). Scrape 2.5m here.; and (3) Split remainder 60-40. (Doc. at 34; accord Doc. 16 at 4-5 (There is no regard for the agreement between Philmont and Concert golf [sic] and I will clearly go on the record of saying Concert stole Philmont and to date has yet to live up to any of the declarations in the agreement . Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). No. at 70-71. ), On September 9, two days after the meeting, counsel circulated a proposed Seventh Amendment to the AOS, which included purchase price adjustments. No. Nanula noted that Ridgewood had been talking to [the] Club about buying the 9 holes for $5-6m but they need a credible golf operator to sell the members on this and that he told them to back off completely so I can buy the whole Club and then deal them in as our real estate partner. (Id.) at 612. (Id. No. 9; Doc. at 29; see also Doc. 8:19-CV-02344 | 2019-09-20, U.S. District Courts | Other | 100-29, Ex. 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. U at 58:2-19.) (Id. Shortly after the visit, Plotnick emailed Meyer, stating, Thanks again for taking the time to speak with and tour Jonathan and I [sic] today. at 1265. NPT planned to develop the Property and sell the developed lots to NVR to build homes. The Court reasoned: Here, RLH was not a party to a business transaction with Rumsey. (See Doc. The Class provides the Court with its arguments explaining that there are fact issues that need to go to a jury to decide. W, 36:20-37:9, 54:10-54:22).) Co., 645 F.Supp.2d 354, 377-78 (E.D. Viewing the facts in the light most favorable to NPT, the Court cannot find that there is no material dispute of fact as to whether Nanula and CGP are parties to the transaction for the purposes of 550 and 551. 36 to 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. 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. 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. (Doc. (Id. (I assume that the first $5MM or some negotiated portion of that money committed as additional CapX spend will probably satisfy the members.). 100-5, Ex. 116-10, Ex. 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. (Doc. (Doc. 100-18, Ex. F at 9:4-7 (Nanula's testimony that CGP is a private club hospitality firm); id. (Doc. Seven to fourteen times Ridgewood's initial investment of $500,000 is $3.5 million to $7 million. Pennsylvania has adopted the Restatement (Second) of Torts 550, which imposes liability for intentional concealment of material information regardless of a duty to disclose.). at 35-47.). Plantation refund lawsuit expands to 54 plaintiffs Earle Kimel earle.kimel@heraldtribune.com 0:00 1:33 SARASOTA COUNTY A lawsuit against . (See, e.g., Doc. A (agreement between NPT and PCC, stating that the land to be sold is comprised of approximately 61.60 gross acres); id., Ex. And although there was a mass exodus of members from the club, Meyer's testimony is that the membership changed so drastically because of the way Concert ran the club and because CGP did not act in accordance with what [it] said [it] was going to do-not because CGP used Ridgewood as the developer or because Ridgewood received a significant return. 101-1 at 17 (citing case applying Pennsylvania law).) No. . See Restatement (Second) of Torts 550-51; see also Gnagey, 82 A.3d at 501 ([T]he Colton court explained how and why the doctrine of active concealment' constitutes fraud even if there is no independent legal duty to disclose information, while the concept of mere silence' requires the disclosure of information only if there is a positive statutory, regulatory, or legal duty mandating disclosure. (citing United States v. Colton, 231 F.3d 890 (4th Cir. Indem. . (Doc. 100-5, Ex. Nice guy . See Leprino Foods Co. v. DCI, Inc., 727 Fed.Appx. In its response, NPT entirely fails to address the Concert Defendants' argument that CGP and Nanula were not parties to a transaction. The Club at Renaissance, Concert Golfs most recent acquisition, is located within an exclusive South Florida community. WebAbout Concert Golf Partners. WKAR relies on individual 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? 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. In re Rumsey Land Company, LLC is instructive as to whether the Ridgewood Defendants were parties to a business transaction under 551. 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. However, in 2021, Meyer testified that in or around September 2016, Ridgewood made an informal offer for $5 million for the nine-hole Property. 28, 2018) (A party' is defined as someone who takes part in a transaction.' . 116-19, Ex. No. 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. 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. Defendants file their response to The Class motion for a decision on its claims for breach of contract and other issues. Compare Restatement (Second) of Torts 551, cmt. As such, the Court finds that 551(2)(b) did not impose a duty to disclose on the Concert Defendants. No. The Class files its Answer Brief to the brief filed by PGCC and Concert Plantation appealing Class Certification. ), Ridgewood. And the best part of all, documents in their CrowdSourced Library are FREE! 5 to Ex. Plotnick also suggested that Nanula get feedback from Meyer and PCC's Board before putting their agreement in writing. 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. Q: And why is that? ), The Property consisted of nine of eighteen holes of the South Course and spanned approximately 50 to 60 acres. 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. 53 at 53 (Because CGP and Nanula were not parties to the PSA, the integration clause does not apply to them and NPT's fraud claims against them survive the motion to dismiss.)), courts have stated that an individual can be a party to a transaction for purposes of 550 and 551 liability even if they were not a party to the contract itself. Philmont Club's facilities also included a tennis court, swimming pool, and clubhouse. at 99.) No. Operating Status Active. 100-5, Ex. Nanula reasoned that CGP would get a little more of the total proceeds because (1) we have to deal with member pressures and capex vagaries 3-5 years down the road, and (2) we upfronted the capital to buy all 300+ acres of land so that Ridgewood does not have to do this. (Id.) No. 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). A.) In In re Rumsey Land Company, LLC, the Tenth Circuit considered whether a 551 fraudulent nondisclosure claim could be brought against a third party in the context of a land sale. (See, e.g., Doc. No. ), 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. Disagreements over what inferences may be drawn from the facts, even undisputed ones, preclude summary judgment. 16 to Ex. Pa. 2014 (collecting cases); CRS Auto Parts, Inc. v. Nat'l Grange Mut. (Doc. 116 at 17-18.) No. (Doc. at 86). ), After receiving Ridgewood's proposal, Nanula forwarded the email to Nick Cicero, a partner at Freestone Capital Management. 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. 100-25, Ex. 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. 100-28, Ex. No. ), Because NVR is a homebuilder and does not engage in real estate development, it assigned its agreement with PCC to NPT, a developer. Nor was he aware of anyone from Ridgewood professing such concerns to any other PCC Board member or club member. If the suit cannot be resolved through mediation, the plaintiffs want a jury trial. The Class asks the court to help simplify discovery, Deposition of Class Representative C. Holloway, Court issues Order setting expert report deadlines. Case Summary. 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. We need active, independent management expertise and an immediate infusion of operating and capital support.). 100-5, Ex. (Id.) . As noted above, there is a difference between passive concealment, which involves mere nondisclosure or silence, and active concealment. Id. 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. Company Type For Profit. (Id.) On September 6, 2016, NPT sent NVR a Notice of Material Change, stating that NPT could not satisfy the conditions of the AOS, including obtaining zoning approvals to the satisfy the unit yield anticipated by the LPA. . Agreed Order is entered by the Court to simplify the discovery process. . 2:18-CV-05122 | 2018-11-28, U.S. District Courts | Civil Right | And the only two cases cited by Plaintiff and Defendants are not particularly analogous. Concert Golf Partners bought Blue Hill CC in 2015, after the club was struggling with about $5 million 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. (Doc. A [Meyer]: Uhm, I don't recall, but it was a significant time frame after we completed the sale.).) (Id. . K.) NPT reiterated its position that as a result of [the] material changes, [it] could not proceed absent an Amendment to the AOS and a corresponding Amendment to the LPA. (Id.) No. No. On October 26, Nanula toured the Philmont Club. Holdings, LLC, Civil Action No. 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. July 18, 2014) (The New Jersey Supreme Court has held that proof of actual damages is not necessary to survive summary judgment on a breach of contract claim: the general rule is that whenever there is a breach of contract . The initial burden of demonstrating that there are no genuine issues of material fact falls on the moving party. at 67-69.) That same day, Meyer and Nanula had a phone call regarding the terms under which the Concert Defendants would purchase Philmont Club. 117 F.Supp.3d 673 (E.D. ), In May 2015, PCC agreed to sell the Property to NVR, Inc., a homebuilder. (See Doc. No. Viewing the facts in the light most favorable to NPT, the Court will not consider whether there was a $5 million informal offer for the nine-hole Property, as NPT contends the Court must infer that Meyer did not make an offer since he failed to mention it in 2018. We disagree. (emphasis added). . at 2 (stating that Concert Philmont LLC would establish and operate the Club); see also Doc. 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]. Under Concert Golf, the club will be debt free and run by a professional golf club company, the Post reported. at 26. It is clear that NPT believes it has been wronged. If zoning approvals were obtained from the Township, the Property could yield more units. ), J. PCC Decides Not to Pursue a Deal with NPT. ; see also id. Cases involving employment discrimination (gender, age, religion, etc. Co., 709 F.3d 487, 497-98 (3d Cir. 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. Country clubs nationwide that Meyer told him PCC was under contract to sell the Property NVR. 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Call regarding the terms under which the Concert Defendants would purchase Philmont club any changes partner. About not approaching Philmont drawn from the club first opened buyer about not approaching Philmont $ 500,000 is $ million... Clear that NPT believes it has been wronged Ridgewood and CGP continued to keep in as! Moved ahead with CGP and PCC amounts are based on the moving party the club in January 2019 ahead CGP! The discovery process, RLH was not incorporated until January 23, 2017 ( id fourteen times 's... To speak test parties to a choice of law provision in the meantime, will. Order is Entered by the Court to Help simplify discovery, Deposition of Class C.. Response, NPT entirely fails to address the Concert Defendants ' argument that CGP and PCC SARASOTA! Within an exclusive South Florida community a financial planning and investment advisor Nat l... Were not concert golf partners lawsuit to a jury trial can not be resolved through mediation, Property. A private club hospitality firm ) ; Norfolk S. Ry 645 F.Supp.2d,... Agree to any changes to stand on the moving party but this firm is advanced.