Not a Lexis Advance subscriber? Try it out for free.

Druyan v. Jagger

United States District Court for the Southern District of New York

August 27, 2007, Decided; August 29, 2007, Filed

06 Civ. 13729 (CM)

Opinion

 [*232]  DECISION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

McMahon, J:

Plaintiff Rosalee Margolis Druyan brings this action for breach of contract, fraud, prima facie tort, negligence, and breach of truth in advertising statutes against Defendants Mick Jagger, Ticketmaster L.L.C., and Live Nation Worldwide, Inc. 1 on her own behalf and on behalf of a putative class of 12,000 purchasers of tickets to an October 27, 2006 Rolling Stones concert in Atlantic City (the "Concert"). Unfortunately for the ticketholders, Mr. Jagger contracted a sore throat some time  [**2] before the Concert, and The Stones declined to sing. The event was rescheduled for November 17, 2006.

The original Concert was due to take place at 8 p.m. on October 27. Ticketholders were notified of the change shortly after 4 p.m. on the day of the Concert. They were told that they could obtain a refund of the ticket purchase price or attend the rescheduled show on November 17&t;th&t;.

Plaintiff did neither. Instead, she filed this lawsuit, alleging that the defendants (1) intentionally withheld timely notice of the fact that the Concert was being rescheduled from her and the putative class of ticketholders, and (2) provided deliberately late email notice on October 27, after the class members had already incurred travel and hotel expenses. She claims that the class members have suffered $ 51 million in purported damages as a result, including expenses allegedly incurred for their hotel accommodations, travel, meals, and whatever alternative "entertainment" they were forced to procure in order to while away their hours in Atlantic City.

The defendants have filed a motion  [**3] to dismiss for failure to state a claim under Rule 12(b)(6). For the reasons set forth below, the plaintiff's complaint is dismissed in its entirety and with prejudice.

Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.

508 F. Supp. 2d 228 *; 2007 U.S. Dist. LEXIS 64445 **; 42 A.L.R.6th 651

ROSALEE MARGOLIS DRUYAN, INDIVIDUALLY AND AS A CLASS REPRESENTATIVE OF TICKET PURCHASERS., Plaintiff, -against- MICK JAGGER, THE ROLLING STONES, TICKETMASTER, LLC, LIVE NATION, BORGATA HOTEL, Defendant.

CORE TERMS

Concert, ticket, alleges, cancellation, Terms, rescheduling, hotel, advertising, scheduled, expenses, damages, defendants', notice, notify, take place, misrepresentation, purported, refund, travel, email, fraud claim, ticketholders, contracts, site, prima facie tort, motion to dismiss, cause of action, class member, fraudulent, documents

Civil Procedure, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Pleadings, Complaints, Requirements for Complaint, Summary Judgment, Motions for Summary Judgment, General Overview, Business & Corporate Compliance, Contract Formation, Acceptance, Contracts Law, Offers, Types of Contracts, Contract Interpretation, Good Faith & Fair Dealing, Breach, Breach of Contract Actions, Torts, Fraud & Misrepresentation, Actual Fraud, Nondisclosure, Elements, Heightened Pleading Requirements, Fraud Claims, Procedural Matters, Multiple Defendants, Intentional Torts, Prima Facie Tort, Antitrust & Trade Law, Consumer Protection, False Advertising, State Regulation, Deceptive & Unfair Trade Practices