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Bass v. Tour 18 At Rose Creek LP

United States District Court, W.D. Oklahoma

March 30, 2018

ANDY BASS, TRUSTEE OF THE ANDY BASS FAMILY TRUST, et al., Plaintiffs,
v.
TOUR 18 AT ROSE CREEK, L.P., Defendant.

          ORDER

          DAVID L. RUSSELL UNITED STATES DISTRICT JUDGE.

         Before the Court are the Motion for Summary Judgment filed by Defendant Tour 18 at Rose Creek, LP (“Tour 18”) (Doc. No. 70) and Plaintiffs' Motion for Summary Judgment (Doc. No. 73). Plaintiffs responded in opposition to Defendant's motion and Defendant responded in opposition to Plaintiffs' motion, and both Plaintiffs and Defendant filed reply briefs. In addition, with leave of Court, Plaintiff filed a sur-reply, which drew a Motion to Strike from Defendant (Doc. No. 94), to which Plaintiffs objected. Defendant's Motion to Strike is hereby DENIED; the Court is capable of determining whether Plaintiffs' filing exceeded the scope of the permission granted by the Court. Furthermore, if the Court concluded that Plaintiffs had exceeded the scope of their authority, it could have ordered Defendant to file an additional brief. No. such brief is necessary to dispose of the parties' motions, and thus the Court turns to the substance of the motions for summary judgment.

         Summary judgment should be granted “if the pleadings together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Reeves v. Churchich, 484 F.3d 1244, 1250 (10th Cir. 2007). When a motion for summary judgment “is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party's pleading” but must set forth “specific facts showing that there is a genuine issue for trial.” Fed.R.Civ.P. 56(e). A disputed fact is “material” if it is essential to resolution of the claim under the relevant law. Adler v. Wal-Mart Stores, Inc., 144 F.3d 664, 670 (10th Cir. 1998). A dispute is “genuine” if the evidence might sway a jury to return a verdict in favor of the non-movant. Thomas v. Metropolitan Life Ins. Co., 631 F.3d 1153, 1160 (10th Cir. 2011).

         Plaintiffs each claim membership at Rose Creek Country Club, owned and operated by Defendant Tour 18, pursuant to a 2009 Master Membership Agreement. Tour 18 offered Master Memberships and sold fifty, utilizing substantively identical contracts. The Master Membership Agreement indicated that Tour 18 was in the process of purchasing the golf course and related amenities in the Rose Creek Development. In exchange for a payment of $30, 000 to an escrow account held by Rose Rock Bank, Tour 18 agreed to provide each Master Member certain privileges.[1]

Member's payment of $30, 000.00 shall constitute payment of Lifetime dues and entitle Member to Lifetime privileges at the Rose Creek Gold Club for his/her family including spouse and any children 22 years or younger, full time student, or still living at home.

Doc. No. 70-4. Without any fee, a Master Member could pass his or her membership to an immediate family member at any time. Upon death, absent contrary instructions in favor of a son or daughter, the membership would pass to the Master Member's spouse. For a $3, 000.00 fee payable to Tour 18, a Master Member could sell the membership at any time. The Master Membership Agreement constrained Tour 18 in certain respects:

In the event Tour 18 at Rose Creek, LP should sell, transfer, or otherwise dispose of the Rose Creek Golf Club, voluntarily or involuntarily, or discontinue operations of the Golf Club, the $30, 000 will be refunded in full to the Masters Member.

Id. The contract provided the Master Members the right to book tee times up to fourteen days in advance and furnished twelve free guest rounds per year in addition to other recognitions not relevant to the instant dispute. The final paragraph of the Master Membership Agreement provides:

Should Member's membership be terminated by Tour 18 at any point in time pursuant to the club rules as established and published by Tour 18, Member shall be entitled to a refund of his $30, 000.00 less an amount equal to the number of months he has been a member multiplied by the monthly family dues member would have paid for a golf membership during the time period prior to his/her termination.

Id. (emphasis added). This provision was invoked by Tour 18 in a letter dated December 1, 2016, addressed to “All Master Members”

Due to numerous issues with the Master Members, Tour 18 at Rose Creek, LP deems it necessary to terminate this agreement.
Pursuant to the last paragraph of the Masters Membership Agreement and the Rose Creek Rules and Regulations Resignation of Membership, Tour 18 at Rose Creek, LP is hereby terminating the Master Member Program effective January 1, 2017.
According to the last paragraph of the Master Membership Agreement, all of the original members have been amortized out based on our old family membership rate of $350.00 per month. July 15, 2009 through December 15, ...

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