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Michael Fellows and Jason Alvarez did not say in a Brooklyn
federal court filing on Wednesday why they voluntarily dismissed
their proposed class action against Madonna and tour promoter
Live Nation with prejudice, meaning it cannot be brought again.
In a separate filing on Wednesday, the defendants' lawyer said
the dismissal "was not the result of any settlement."
Fellows and Alvarez alleged false advertising and negligent
misrepresentation after Madonna, 65, began three December
concerts on her "Celebration Tour" at Brooklyn's Barclays Center
after 10:30 p.m., though tickets promised an 8:30 p.m. start.
The plaintiffs said that because the concerts ended around 1
a.m. the next day, they had either to leave early or spend more
to get home because of limited public transport and ride-sharing
options, and see their plans for the next day disrupted.
Fellows and Alvarez, both of Brooklyn, said they would not have
bought their tickets had they known about the late starts.
They said Taylor Swift and Bruce Springsteen, both promoted by
Live Nation, start their concerts on time.
Jeff Warshafsky, the lawyer for Madonna and Live Nation, in a
June 10 court hearing accused the plaintiffs of waging a
harassment campaign aimed at "extorting" a big settlement.
In his filing on Wednesday, Warshafsky said the defendants
viewed the case as a "frivolous strike suit designed to force
them to incur legal expenses," and that they "reserve the right
to move for sanctions, attorneys' fees, and costs."
Lawyers for Fellows and Alvarez did not immediately respond on
Thursday to requests for comment.
A similar lawsuit by ticket purchasers against Madonna and Live
Nation remains pending in the Washington, D.C., federal court
over late-starting December concerts in that city's Capital One
Arena.
The case is Fellows et al v. Ciccone et al, U.S. District Court,
Eastern District of New York, 24-00357.
(Reporting by Jonathan Stempel in New York; Editing by Daniel
Wallis)
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