Madonna has fired back at a lawsuit brought by two fans unhappy she took the stage at a 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 "defendants failed 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.
"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 "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.
"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."
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," 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 Madonna to appear onstage at the printed 8:30 p.m. event time, alleging that she has a ‘years-long history’ of ‘arriving several hours late to prior concerts,’ such that ‘Plaintiffs knew or should have known that the Concerts would not start at 8:30 p.m.’"
Madonna performed the concerts as part of her Celebration tour after she delayed them from July due to illness.
The motion added, "Reasonable concertgoers also know that concert lengths vary based on numerous factors, such as the duration of the opening act and the artist's set list for the night.
So, they would not reasonably expect the night to end by 10:30 p.m. unless an advertisement or ticket says as much, and none did here."
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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.
