Ultra Music Festival 2013. Photo by John Michael RindoFederal Judge Rejects Lawsuit Against Miami and Ultra Music Festival
In an order to show cause issued late Tuesday Judge Ursula Ungaro said the complaint filed by Rapture Electronic Music Festival “fails on its face” to provide evidence of anti-competitive collusion between the city and world-famous festival.
February 05, 2019 at 04:54 PM
2 minute read
A federal lawsuit alleging antitrust violations by the city of Miami and Ultra Music Festival has been dismissed pending the submission of an amended complaint.
U.S. District Judge Ursula Ungaro of the U.S. District Court for the Southern District of Florida issued an order to show cause Tuesday, stating the case brought against the city and electronic music festival by Rapture Electronic Music Festival “suffers from a facial defect,” namely, “it does not allege that Plaintiff has suffered any sort of injury that would give it standing.”
The federal judge wrote Rapture “relies exclusively on conclusory allegations of conspiracy backed by no factual allegations whatsoever” to make the case Ultra colluded with the city to tighten its grip on Miami's musical economy.
The claims in Rapture's complaint stem from the Miami City Commission's approval of Ultra's move to Virginia Key for March 29-31. Rapture, a much smaller gathering, had previously used Virginia Key as its venue and had begun to sell tickets for its 2019 festival. Although that event was originally scheduled for March 29 and 30, organizers say Ultra's move to Virginia Key jeopardized its future.
Ungaro's order allows the plaintiff to enter a modified complaint by Wed. Feb. 13. However, it warned “If the court must dismiss the complaint again for failure to state a claim, it will do so with prejudice.”
“The suit was not dismissed,” Paul Silverberg, the Weston attorney representing Rapture, said in a statement. He added his team would amend the complaint in a “timely” fashion.
Miami City Attorney Victoria Mendez said the city is “happy with the result.” Sandy York and Michael Gaid, Ultra's respective general and associate counsel, did not reply to requests for comment by deadline. The Virginia Key Beach Trust also did not respond by press time.
Read the order:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
Second Circuit Ruling Expands VPPA Scope: What Organizations Need to Know
6 minute read
'They Got All Bent Out of Shape:' Parkland Lawyers Clash With Each Other
Courts of Appeal Conflicted Over Rule 1.442(c)(3) When Claims for Damages Involve a Husband and Wife
Families Settle Court Battle Over Who Owns Parkland Killer's Name, Likeness
4 minute readTrending Stories
- 1Regulatory Upheaval Is Coming. How Businesses Prepare and Respond Will Separate Winners and Losers
- 2Cravath Elevates 7 to Partnership, Up From Last Year
- 3Kline & Specter Hit With Lawsuit From Another Former Associate
- 4USPTO Director Kathi Vidal Announces Resignation Ahead of Administration Change
- 5As Gen AI Acceptance Grows, Lawyers Race to Mitigate Risks
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
