Madonna Concert Delay Lawsuit Dismissed by Plaintiffs With No Settlement

On June 19, the two plaintiffs, Michael Fellows and Jason Alvarez, filed a “voluntary dismissal with prejudice”

<p>PABLO PORCIUNCULA/AFP via Getty</p> Madonna in Rio de Janeiro, Brazil, on May 4, 2024.


Madonna in Rio de Janeiro, Brazil, on May 4, 2024.

The lawsuit against Madonna pertaining to the late start time of her Celebration World Tour has been dismissed without settlement.

According to court documents obtained by PEOPLE on Wednesday, June 19., the lawsuit, which was filed by plaintiffs Michael Fellows and Jason Alvarez against the singer, sent a notice of a “voluntary dismissal with prejudice.”

The Grammy winner, 65, was sued on January 17 over a delayed start time during the December 13 show of her Celebration World Tour in Brooklyn. The plaintiffs accused her of “false advertising” and filed the suit.

Due to their recent dismissal with prejudice, Fellows and Alvarez cannot re-file their claims. The singer and Live Nation’s attorney, Jeff Warshafsky, wrote a letter on June 19, noting that the dismissal “was not the result of any settlement” between the parties.

The letter stated that Madonna and Live Nation “do not agree with plaintiffs’ position that each party should bear its own fees and costs.”

<p>Kevin Mazur/WireImage</p> Madonna on October 15, 2023 in London, England.

Kevin Mazur/WireImage

Madonna on October 15, 2023 in London, England.

Related: Madonna's Lawyers Call to Dismiss Lawsuit Filed over Alleged Delayed Concert Start Time

“Defendants believe that this action was a frivolous strike suit designed to force them to incur legal expenses,” read Warshafsky’s letter. “Plaintiffs have now abandoned this lawsuit when it became clear that this approach would not result in a settlement payment and that they would need to oppose defendants’ motion to dismiss the Amended Complaint.”

Additionally, Warshafsky noted that the “defendants reserve the right to move for sanctions, attorneys’ fees, and costs” due to the plaintiffs' false “Notice of Settlement” that the Court struck on June 10.

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Madonna on May 04, 2024 in Rio de Janeiro, Brazil.
Madonna on May 04, 2024 in Rio de Janeiro, Brazil.

The plaintiffs claim that the popstar’s concert Dec. 13 concert started at 10:30 p.m., despite the tickets advertising that it would start at 8:30 p.m. The two fans accused the delay of being a “wanton exercise in false advertising, negligent misrepresentation, and unfair and deceptive trade practices.”

The original filing stated that the two fans “would not have paid for tickets" had they known about the start time. The filing also noted that the plaintiffs argued that concert attendees were “confronted with limited public transportation, limited ride-sharing, and/or increased public and private transportation costs at that late hour” when they left the venue after 1 a.m.

Related: Madonna Fan Files Lawsuit Accusing Her of Exposing Concertgoers to 'Pornography Without Warning' at Shows

<p>Buda Mendes/Getty</p> Madonna on May 04, 2024 in Rio de Janeiro, Brazil.

Buda Mendes/Getty

Madonna on May 04, 2024 in Rio de Janeiro, Brazil.

On May 30, another fan, Justen Lipeles, filed a lawsuit against the “Hung Up” singer. He alleges the the singer and Live Nation “lulled” concertgoers into buying “expensive tickets” to her February and March shows that “purposely and deceptively” withheld information in its marketing.

Lipeles claims Madonna and Live Nation failed to inform ticket purchasers that the singer’s California shows would not start on time “as promised” but rather started at 10 p.m.

The filing also accuses the popstar of maintaining a “hot and uncomfortable temperature” during her performances. As well as alleging that concertgoers were “forced to watch topless women” simulate “sexual acts” onstage during Madonna’s shows, “subjecting them to pornography without warning.”

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