Madonna lawyers ask to dismiss lawsuit over late concert, say 'no Madonna fan' would expect show to start on time
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EW has obtained court documents outlining a request to dismiss a suit filed by two New York City men who took issue with Madonna's start time.
After two New York City men sued Madonna, touring company Live Nation, and Brooklyn's Barclays Center arena after the pop icon went on stage roughly two hours after the 8:30 p.m. start time printed on tickets, the singer's legal team has asked the court to dismiss the case.
In a motion filed Wednesday in United States District Court — Eastern District of New York, legal representatives for Madonna have asked a judge to dismiss the suit in its entirety and strike the class allegations against the performer that was filed in January by Michael Fellows and Jonathan Hadden.
The initial suit accused Madonna, Live Nation, and the venue of "unconscionable, unfair, and/or deceptive trade practices" by listing 8:30 p.m. as the concert's start time. The men further complained that show reportedly ended around 1 a.m., which allegedly posed transportation issues for them as well as logistical issues over the claim that they "had to get up early to go to work and/or take care of their family responsibilities the next day."
According to documents obtained by Entertainment Weekly, Madonna's legal team alleged that there were never "any statements promising when Madonna would take the stage or end her show" and that no one involved in the suit "made any such representations" as to when she would begin the show.
Kevin Mazur/WireImage
Madonna performing on 'Celebration' tour"The event was scheduled for 8:30 p.m. and that time was printed on the event tickets. But nowhere did Defendants advertise that Madonna would take the stage at 8.30 p.m., and no reasonable concertgoer — and certainly no Madonna fan—would expect the headline act at a major arena concert to take the stage at the ticketed event time," the request reads. "Rather, a reasonable concertgoer would understand that the venue’s doors will open at or before the ticketed time, one or more opening acts may perform while attendees arrive and make their way to their seats and before the headline act takes the stage, and the headline act will take the stage later in the evening."
The documents also included alleged screenshots from Facebook that appeared to show Hadden praising the tour and indicating that he'd attended multiple Madonna concerts in the past. As a result, the dismissal request says the original complaint "concedes that Madonna fans, like Mr. Hadden, would not expect Madonna to appear onstage at the printed 8:30 p.m. event time," and claims that they "knew or should have known that the concerts would not start at 8:30 p.m."
Finally, the dismissal says that the plaintiffs "do not plausibly allege they suffered any injury," and that arriving home late "is not a cognizable injury" to warrant a lawsuit against Madonna.
EW has reached out to Madonna's representatives as well as Fellows' and Hadden's lawyer for comment on the dismissal request.
Kevin Mazur/WireImage
Madonna at the 'Celebration' tourA source previously told PEOPLE that the Dec. 13 concert date suffered delays due to "issues during soundcheck that caused the schedule to get delayed by an hour."
In January, Madonna's management and Live Nation responded to the lawsuit in a press statement.
"The shows opened in North America at Barclays in Brooklyn as planned, with the exception of a technical issue Dec. 13 during soundcheck," the statement read. "This caused a delay that was well documented in press reports at the time. We intend to defend this case vigorously."
The Celebration tour kicked off the first of its 81 shows in October, and is set to conclude with a free seaside concert in Brazil on May 4.
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Read the original article on Entertainment Weekly.
