Madonna’s Concert Delay Lawsuit Dismissed

Madonna’s Concert Delay Lawsuit Dismissed

Madonna can rest easy after a lawsuit against her was tossed out of court.

The 65-year-old pop music icon had been facing a class action lawsuit over shows she put on at the Barclays Center in Brooklyn in December of 2023.

Although she was scheduled to start the shows at 8:30 p.m., she ended up hitting the stage around two hours after the scheduled start time.

Now, according to legal documents obtained by TMZ, the plaintiffs Michael Fellows and Jason Alvarez have opted to voluntarily dismiss their lawsuit. 

Madonna’s legal team had previously labeled the lawsuit as part of a ‘harassment campaign’ against her by her fans. 

Madonna’s Concert Delay Lawsuit Dismissed

Madonna, 65, got a break when a class action lawsuit — which was filed against her for starting three December 2023 shows in Brooklyn around two hours late — was voluntarily dismissed, according to TMZ; pictured May 4 in Rio de Janeiro, Brazil

When a lawsuit disappears from the court docket in this manner, it usually indicates that the parties have agreed on a settlement and decided to dismiss the lawsuit.

However, sources alleged to have direct knowledge of the legal affairs claimed to the publication that Madonna has not settled with Fellows and Alvarez.

Instead, the two voluntarily dismissed the lawsuit.

What’s more, they requested that it be dismissed with prejudice, meaning that it has been permanently dismissed and they will not be able to refile it at a later date.

The case was thrown into chaos last week when the plaintiffs posted notice that a settlement had been reached between the parties.

However, Madonna’s legal team denied that any settlement had been reached, and they successfully petitioned the judge overseeing the case to have the notice stripped from the record.

Back in January, the singer was sued by concert goers Michael Fellows and Jonathan Hadden after her three shows at the Barclays Center in Brooklyn last December started hours after the time listed on the tickets.

She subsequently filed a motion to dismiss the lawsuit, according to TMZ, claiming that real fans would know she never starts on time. 

The dismissal documents claim that real fans would know that she often runs past the allotted time because of her late starts and most true fans realize this.

Plaintiffs Michael Fellows and Jason Alvarez voluntarily dismissed their suit with prejudice, meaning they can't refile it at a later date. Sources also claim no settlement was reached; pictured May 4 in Rio de Janeiro

Plaintiffs Michael Fellows and Jason Alvarez voluntarily dismissed their suit with prejudice, meaning they can’t refile it at a later date. Sources also claim no settlement was reached; pictured May 4 in Rio de Janeiro

Last week, attorneys for Madonna (pictured performing in Brazil last month) asked a judge to strike down a settlement notice that had been filed by Fellows and Alvarez's attorney from the record, which was granted

Last week, attorneys for Madonna (pictured performing in Brazil last month) asked a judge to strike down a settlement notice that had been filed by Fellows and Alvarez’s attorney from the record, which was granted

Despite their being communication between the parties toward a settlement, Madonna's attorney slammed the filing as a 'harassment campaign' alleging that it was an effort to get paid

Despite their being communication between the parties toward a settlement, Madonna’s attorney slammed the filing as a ‘harassment campaign’ alleging that it was an effort to get paid

‘If a fan is familiar enough with Madonna’s concert history to know her performances run for two hours and fifteen minutes, that fan would surely know that Madonna typically takes the stage well after the ticketed event time (after an opening act, set transition, and so on) and plays late into the night,’ the document claims. 

The shows mentioned in the original lawsuit took place on December 13, 14 and 16, with Fellows and Hadden claiming they were supposed to start at 8:30 p.m., though didn’t actually start until 10:30 p.m. 

The original lawsuit claimed, ‘wanton exercise in false advertising, negligent misrepresentation, and unfair and deceptive trade practices.’

They also state Madonna has a long history of not starting her concerts on time.

The fans say they sent $155.90 and $292.50 respectively on the tickets and are suing for unspecified damages.

The singer filed a response to the lawsuit in April, where she claimed, ‘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.’

‘Fans got just what they paid for: a full-length, high quality show by the Queen of Pop,’ the statement added.

The filing also shared a Facebook post from Hadden where he raved about the show, adding he has ‘never missed a Madonna tour.’ 

Madonna was also hit with a federal lawsuit in April filed by three fans — Elizabeth Halper-Asefi, Mary Conoboy and Nestor Monte Jr. — who said she started her show at Capital One Arena in Washington, DC, two hours late.

They also alleged that Madonna provided, ‘a hot and uncomfortable temperature in the venue during her performance’ and that she, ‘lip sync[ed] much of her performance.’

Madonna has responded to a class action lawsuit claiming her concert start times are 'false advertising' since she never starts on time

Madonna has responded to a class action lawsuit claiming her concert start times are ‘false advertising’ since she never starts on time

Back in January, the 65-year-old singer was sued by concert goers Michael Fellows and Jonathan Hadden after her three shows at the Barclays Center in Brooklyn last December started hours after the time listed on the tickets

Back in January, the 65-year-old singer was sued by concert goers Michael Fellows and Jonathan Hadden after her three shows at the Barclays Center in Brooklyn last December started hours after the time listed on the tickets

The original lawsuit claimed, 'wanton exercise in false advertising, negligent misrepresentation, and unfair and deceptive trade practices'

The original lawsuit claimed, ‘wanton exercise in false advertising, negligent misrepresentation, and unfair and deceptive trade practices’

Madonna was also hit with a federal lawsuit in April filed by three fans ¿ Elizabeth Halper-Asefi, Mary Conoboy and Nestor Monte Jr. ¿ who said she started her show at Capital One Arena in Washington, DC, two hours late; pictured in October 2023 in London

Madonna was also hit with a federal lawsuit in April filed by three fans — Elizabeth Halper-Asefi, Mary Conoboy and Nestor Monte Jr. — who said she started her show at Capital One Arena in Washington, DC, two hours late; pictured in October 2023 in London

The disgruntled concertgoers declared that these alleged actions represent ‘Madonna’s arrogant and total disrespect’ for ticket holders. 

‘In essence, Madonna and Live Nation are a consumer’s worst nightmare,’ the lawsuit states.

At her tour stop in DC, on December 18, the plaintiffs recalled the mother-of-six told the crowd: ‘I am sorry I am late… no, I am not sorry, it’s who I am… I’m always late.’

‘Defendants failed to provide any notice to the ticket holders that the Concerts would start much later than the start time printed on the ticket and as advertised, which resulted in the ticket holders waiting for hours for the Concerts to begin at the Venue,’ the suit claims.

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