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Madonna has fired back at a lawsuit brought by two fans unhappy she took the stage ata New York concert in December two hours later than the scheduled start time.
In a court filing obtained Wednesday by Fox News Digital, Madonna’s lawyers requested the lawsuit be dismissed, arguing the plaintifs’ claims of having to “get up early to go to work” after the concert ended after 1 a.m. is not an “injury” worthy of damages.
“Plaintiffs speculate that ticketholders who left the venue after 1 a.m. might have had trouble getting a ride home or might have needed to wake up early the next day for work,” Madonna’s dismissal motion stated. “That is not a cognizable injury.”
Two concertgoers,Michael Fellows and Jonathan Hadden, filed the class-action lawsuit in January, arguing the “defendantsfailed to provide any notice to the ticketholders that the Concerts would start much later than the start time printed on the ticket and as advertised, which resulted in the ticketholders waiting for hours for the Concerts to begin at the Venue.
Two fans filed a lawsuit against Madonna in January for starting her show at Brooklyn’s Barclay’s Center two hours late. (Kevin Mazur/WireImage for Live Nation)
“Ticketholders leaving the Venue after 1:00 a.m. were confronted with limited public transportation, limited ride-sharing, and/or increased public and private transportation costs at that late hour. In addition, many ticketholders who attended concerts on a weeknight had to get up early to go to work and/or take care of their family responsibilities the next day.”
The motion said that “nowhere” on the ticket for her Brooklyn concert “didDefendantsadvertise thatMadonnawouldtakethestageat8:30p.m.,andno reasonableconcertgoer —andcertainlynoMadonnafan — would expecttheheadline actatamajor arena concert to take the stage at the ticketed event time.
“Rather, a reasonable concertgoer would understand that the venue’s doors will open at or before the ticketed time, one or more opening actsmayperform whileattendeesarrive andmaketheirwaytotheirseatsandbeforethe headline acttakesthestage, andtheheadline act willtakethestagelaterintheevening.”
Madonna’s lawyers wrote that concertgoers at Barclays Center “got just what they paid for: a full-length, high quality show by the Queen of Pop.” (Kevin Mazur/WireImage for Live Nation)
Madonna’s lawyers wrote that concertgoers at Barclays Center “got justwhatthey paidfor:afull-length,high-qualityshowbytheQueenofPop,” adding that Hadden posted on Facebook after the show that it was “[i]ncredible, as always!”
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The motion added that the lawsuit “concedes that Madonna fans, like Mr. Hadden, would not expect Madonnatoappearonstageattheprinted 8:30p.m.event time,allegingthatshehasa‘years-long history’of‘arrivingseveral hourslatetopriorconcerts,’suchthat‘Plaintiffskneworshould have known that the Concerts would not start at 8:30 p.m.’”
Lawyers for Madonna argued “reasonable” fans know headliners go on later than the printed start time. (Getty Images)
Madonna performed the concerts as part of her Celebration tour after she delayed them from July due to illness.
The motion added, “Reasonableconcertgoersalso knowthatconcertlengths varybasedonnumerousfactors, suchasthedurationoftheopening act andtheartist’s setlistforthenight.
So,theywould notreasonablyexpect thenighttoendby10:30 p.m. unlessanadvertisementorticketsaysasmuch, and nonedidhere.”
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Live Nation and Barclay’s Center are also listed as defendants in the lawsuit.
Fox News Digital has reached out to reps for Madonna for comment.
