Madonna fans file lawsuit over delayed concerts; singer’s lawyers threaten sanctions

By Jonathan Stamp

NEW YORK (Reuters) – Two Madonna fans in New York have settled their lawsuit accusing the pop superstar of starting concerts two hours late, prompting Madonna’s legal team to threaten sanctions against the plaintiffs’ lawyers.

Michael Fellows and Jason Alvarez did not explain in a motion filed Wednesday in federal court in Brooklyn why they voluntarily and conditionally withdrew their proposed class action lawsuit against Madonna and tour promoter Live Nation, meaning it cannot be refiled.

In a separate filing on Wednesday, the defendants’ attorney stated that the dismissal was “not the result of an agreement.”

Fellows and Alvarez made allegations of false advertising and negligent misrepresentation after Madonna, 65, began three concerts on her “Celebration Tour” in December after 10:30 p.m. at the Barclays Center in Brooklyn, even though the tickets promised an 8:30 p.m. start time.

The plaintiffs stated that because the concerts ended at approximately 1 a.m. the next day, they had to either leave earlier or spend more money to get home due to limited public transportation and rideshare options, disrupting their plans for the next day.

Fellows and Alvarez, both of Brooklyn, said they would not have bought their tickets if they had known about the delayed start.

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, accused the plaintiffs in a court hearing on June 10 of conducting a harassment campaign aimed at “extorting” large compensation payments.

In his complaint filed Wednesday, Warshafsky said the defendants viewed the case as a “frivolous lawsuit designed to compel them to pay legal fees” and that they “reserved the right to seek sanctions, attorneys’ fees and court costs.”

Lawyers for Fellows and Alvarez did not immediately respond to requests for comment Thursday.

A similar lawsuit filed by ticket buyers against Madonna and Live Nation is still pending in federal court in Washington, DC, over concerts that began late in December at 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)