Madonna's legal team has gone on the offensive as they called the concert delay lawsuit a 'harassment campaign' from fans and maintain that they have not settled out of court despite a court filing while the judge has sided with them.
Just a week after the 65-year-oldQueen of Pop responded to the class action lawsuit, her lawyer has fired back after the plaintiffs in the case had claimed that a settlement had been reached between them according to TMZ.
The legal representation for Madonna had asked a judge top strike down a settlement notice that had been filed byMichael Fellows and Jason Alvarez's lawyer from the record which was granted.
Her lawyer wanted to make clear that there was no settlement reached in the case though did admit that talks between the parties had been made.
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.
Madonna 's legal team has gone on the offensive as they called the concert delay lawsuit a 'harassment campaign' from fans and maintain that they have not settled out of court despite a court filing while the judge has sided with them according to TMZ on Monday; she is pictured performing in Brazil last month
The lawyer - who is representing both Madonna and Live Nation - had rejected settling and seems to indicate that the plaintiffs had jumped the gun when claiming that there was an agreement in place.
Fellows and Alvarez's lawyers say that his client's had accepted Live Nation's settlement offer and even attached a draft settlement agreement but when Madonna's legal team were asked to confirm the terms they filed a 'False Notice of Settlement.'
The judge ultimately took Madonna's legal team's side on Monday as they ruled that there was no settlement that had been struck thus striking the notice and the case will proceed.
According to TMZ, the plaintiffs now have until July to respond to Madonna's motion to dismiss the case.
Just last week Madonna responded to a class action lawsuit claiming her concert start times are 'false advertising' since she never starts on time.
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.
Now the singer has 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.
The legal representation for Madonna (pictured performing in Brazil last month) had asked a judge top strike down a settlement notice that had been filed by Michael Fellows and Jason Alvarez's lawyer 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
'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 PM, though didn't actually start until 10:30 PM.
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 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
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 D.C. 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.'
The disgruntled concertgoers declared that these alleged actions represent 'Madonna's arrogant and total disrespect' for ticketholders.
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 PM, though didn't actually start until 10:30 PM
The original lawsuit claimed, 'wanton exercise in false advertising, negligent misrepresentation, and unfair and deceptive trade practices'
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 D.C. two hours late
'In essence, Madonna and Live Nation are a consumer's worst nightmare,' the lawsuit states.
At her tour stop in D.C., 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 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,' the suit claims.
