This case was last updated from U.S. District Courts on 03/05/2022 at 11:20:24 (UTC).

Skot Heckman et al v. Live Nation Entertainment, Inc. et al

Case Summary

On January 4, 2022, Skot Heckman, Luis Ponce, Jeanene Popp, and Jacob Roberts, (collectively, “Plaintiffs”) on behalf of themselves and all others similarly situated, represented by Adam B. Wolfson, Frederick A. Lorig, William R. Sears, Kevin Y. Teruya of Quinn Emanuel Urquhart and Sullivan LLP and Warren D. Postman of Keller Lenkner LLC, filed a class action lawsuit against Ticketmaster LLC (“Ticketmaster”) and Live Nation Entertainment, Inc. (“Live Nation Entertainment”) (collectively, “Defendants”). Plaintiffs filed suit seeking damages and injunctive relief for the alleged monopolization and anti-competitive practices of Defendants. This case was filed in the U.S. District Court in the Central District of California with Judges Dolly M. Gee and Margo A. Rocconi presiding. 

 

In the complaint Plaintiffs alleged that, “[o]n July 2, 2021, while the Court in Oberstein was preparing its order on Defendants’ Motion to Compel Arbitration, Defendants drastically altered the arbitration agreement on which they had moved to compel arbitration. Although the old arbitration agreement (“JAMS agreement”) selects JAMS, an established arbitration forum, the new agreement (“New Era agreement”). Unlike traditional arbitral forums that, like courts, set filing fees for both claimant-plaintiffs and respondent-defendants, New Era ADR offers businesses a subscription model whereby the businesses keep New Era ADR on retainer. Each year, Defendants pay New Era ADR a “subscription fee.” Defendants pay that subscription fee whether there are 100,000 consumer filings or no consumer filings against it. And once they pay the subscription fee, Defendants require each consumer to pay the entirety of the additional, per-filing fee of $300.”

 

Plaintiffs further alleged that, “Defendants’ predatory acts have increased and today threaten the entirety of competition within the primary and secondary ticketing services markets. Michael Rapino, Live Nation Entertainment’s CEO and President, has admitted that artists today make 95% of their income from live music events and that Live Nation is now the “largest single financer” of artists worldwide (more than record companies). Armed as he is with this power over artists’ careers, and fueled by Ticketmaster’s outsized profits, Mr. Rapino has used this position to intimidate the live music industry into using Ticketmaster for primary ticketing services and, more and more, secondary ticketing services. He and the Live Nation monster he has helped create over the past decade- plus must be stopped.”

 

Plaintiffs also alleged that, “Defendants’ violations of the U.S. antitrust laws. Defendants are dominant in three relevant markets, primary ticketing services for major concert venues, secondary ticketing services for major concert venues, and concert promotion for major concert venues. Defendants have engaged in predatory and exclusionary conduct to monopolize the primary ticketing services market and (2) to extend their dominance into the secondary ticketing services market.”

 

There are three claims for relief laid down by Plaintiffs. The first two claims deal with the alleged violation of Section 2, 15 U.S.C. § 2, under the Sherman Act, and the third claim deals with the alleged violation of Section 1 of Sherman Act. 

 

In their prayer for relief Plaintiffs have requested the court for damages in an amount to be determined, treble damages with both pre- and post-judgement interest, injunctive relief, and such other and further relief as the court deems proper and just. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:22-CV-00047

  • Filing Date:

    01/04/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Antitrust

Judge Details

Presiding Judges

Dolly M. Gee

George H. Wu

Referral Judges

Margo A. Rocconi

Gail J. Standish

 

Party Details

Plaintiffs

Skot Heckman

Luis Ponce

Jeanene Popp

Jacob Roberts

Defendants

Live Nation Entertainment, Inc.

Ticketmaster LLC

Attorney/Law Firm Details

Plaintiff Attorneys

William R. Sears

Attorney at Quinn Emanuel Urquhart and Sullivan LLP

865 South Figueroa Street 10Th Floor

Los Angeles, CA 90017

Adam B. Wolfson

Attorney at Quinn Emanuel Urquhart and Sullivan LLP

865 South Figueroa Street 10Th Floor

Los Angeles, CA 90017

Albert Y. Pak

Attorney at Keller Lenkner LLC

1100 Vermont Avenue Nw, 12Th Floor

Washington, DC 20005

Frederick A. Lorig

Attorney at Quinn Emanuel Urquhart and Sullivan LLP

865 South Figueroa Street 10Th Floor

Los Angeles, CA 90017

Kevin Y. Teruya

Attorney at Quinn Emanuel Urquhart and Sullivan LLP

865 South Figueroa Street 10Th Floor

Los Angeles, CA 90017

Warren D Postman

Attorney at Keller Lenkner LLC

1100 Vermont Avenue Floor 12

Washington, DC 20005

Defendant Attorneys

Daniel M Wall

Attorney at Latham and Watkins LLP

505 Montgomery Street Suite 2000

San Francisco, CA 94111-6538

Timothy L O'Mara

Attorney at Latham and Watkins LLP

505 Montgomery Street Suite 2000

San Francisco, CA 94111

Alicia R Jovais

Attorney at Latham and Watkins LLP

505 Montgomery Street Suite 2000

San Francisco, CA 94111-6538

Andrew Michael Gass

Attorney at Latham and Watkins LLP

505 Montgomery Street Suite 2000

San Francisco, CA 94111-6538

Kirsten M Ferguson

Attorney at Latham and Watkins LLP

505 Montgomery Street Suite 2000

San Francisco, CA 94111

 

Court Documents

#29

(#29) ORDER ON JOINT STIPULATION SETTING BRIEFING SCHEDULE by Judge George H. Wu, re Stipulation #28 : Upon consideration of the parties' Joint Stipulation, and good cause appearing, IT IS HEREBY ORDERED that the Joint Stipulation is GRANTED. The Court orders as follows: a. Defendants shall file their motion to compel arbitration on or before March 8, 2022. b. Plaintiffs shall file any opposition on or before April 15, 2022. c. Defendants shall file any reply on or before May 12, 2022. d. The hearing on Defendants' motion to compel arbitration shall be held on May 26, 2022 at 8:30 a.m. (see document for further details) (bm) (Entered: 02/01/2022)

28 #2

Proposed Order

28 #1

Declaration of Timothy L. O'Mara

28 #28

Main Document

#27

(#27) ORDER by Judge George H. Wu: granting #18 Non-Resident Attorney Albert Y. Pak APPLICATION to Appear Pro Hac Vice on behalf of plaintiffs Skot Heckman, et al., designating Adam B. Wolfson as local counsel. (mrgo) (Entered: 01/13/2022)

#26

(#26) STIPULATION Extending Time to Answer the complaint as to Ticketmaster LLC answer now due 2/25/2022; Live Nation Entertainment, Inc. answer now due 2/25/2022, re Complaint (Attorney Civil Case Opening), #1 filed by Defendants Ticketmaster LLC; Live Nation Entertainment, Inc..(O'Mara, Timothy) (Entered: 01/11/2022)

#25

(#25) CORPORATE DISCLOSURE STATEMENT filed by Defendants Live Nation Entertainment, Inc., Ticketmaster LLC (O'Mara, Timothy) (Entered: 01/11/2022)

18 #1

Proposed Order (Proposed) Order on Application of Non-resident Attorney to Appea

18 #18

Main Document

#9

(#9) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Live Nation Entertainment, Inc., Ticketmaster LLC. (et) (Entered: 01/04/2022)

#8

(#8) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) (Entered: 01/04/2022)

#7

(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 01/04/2022)

#6

(#6) NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Margo A. Rocconi. (et) (Entered: 01/04/2022)

#5

(#5) NOTICE of Related Case(s) filed by Plaintiffs Skot Heckman, Luis Ponce, Jeanene Popp, Jacob Roberts. Related Case(s): 20-cv-03888-GW-GJS, 2:18-cv-09052-GW-GJS (Wolfson, Adam) (Entered: 01/04/2022)

#4

(#4) NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, (Wolfson, Adam) (Entered: 01/04/2022)

#3

(#3) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Skot Heckman, Luis Ponce, Jeanene Popp, Jacob Roberts. (Wolfson, Adam) (Entered: 01/04/2022)

#2

(#2) CIVIL COVER SHEET filed by Plaintiffs Skot Heckman, Luis Ponce, Jeanene Popp, Jacob Roberts. (Wolfson, Adam) (Entered: 01/04/2022)

#1

(#26) STIPULATION Extending Time to Answer the complaint as to Ticketmaster LLC answer now due 2/25/2022; Live Nation Entertainment, Inc. answer now due 2/25/2022, re Complaint (Attorney Civil Case Opening), #1 filed by Defendants Ticketmaster LLC; Live Nation Entertainment, Inc..(O'Mara, Timothy) (Entered: 01/11/2022)

26 More Documents Available
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Docket Entries

  • 01/31/2022
  • View Court Documents
  • Docket(#29) ORDER ON JOINT STIPULATION SETTING BRIEFING SCHEDULE by Judge George H. Wu, re Stipulation #28 : Upon consideration of the parties' Joint Stipulation, and good cause appearing, IT IS HEREBY ORDERED that the Joint Stipulation is GRANTED. The Court orders as follows: a. Defendants shall file their motion to compel arbitration on or before March 8, 2022. b. Plaintiffs shall file any opposition on or before April 15, 2022. c. Defendants shall file any reply on or before May 12, 2022. d. The hearing on Defendants' motion to compel arbitration shall be held on May 26, 2022 at 8:30 a.m. (see document for further details) (bm) (Entered: 02/01/2022)

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  • 01/31/2022
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  • Docket(#28) Joint STIPULATION for Order Setting Briefing Schedule filed by Defendants Live Nation Entertainment, Inc., Ticketmaster LLC. (Attachments: #1 Declaration of Timothy L. O'Mara, #2 Proposed Order)(O'Mara, Timothy) (Entered: 01/31/2022)

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  • 01/13/2022
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  • Docket(#27) ORDER by Judge George H. Wu: granting #18 Non-Resident Attorney Albert Y. Pak APPLICATION to Appear Pro Hac Vice on behalf of plaintiffs Skot Heckman, et al., designating Adam B. Wolfson as local counsel. (mrgo) (Entered: 01/13/2022)

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  • 01/11/2022
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  • Docket(#26) STIPULATION Extending Time to Answer the complaint as to Ticketmaster LLC answer now due 2/25/2022; Live Nation Entertainment, Inc. answer now due 2/25/2022, re Complaint (Attorney Civil Case Opening), #1 filed by Defendants Ticketmaster LLC; Live Nation Entertainment, Inc..(O'Mara, Timothy) (Entered: 01/11/2022)

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  • 01/11/2022
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  • Docket(#25) CORPORATE DISCLOSURE STATEMENT filed by Defendants Live Nation Entertainment, Inc., Ticketmaster LLC (O'Mara, Timothy) (Entered: 01/11/2022)

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  • 01/11/2022
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  • Docket(#24) NOTICE of Interested Parties filed by Defendants Live Nation Entertainment, Inc., Ticketmaster LLC, identifying Liberty Media Corporation. (O'Mara, Timothy) (Entered: 01/11/2022)

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  • 01/11/2022
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  • Docket(#23) NOTICE of Appearance filed by attorney Alicia R Jovais on behalf of Defendants Live Nation Entertainment, Inc., Ticketmaster LLC (Attorney Alicia R Jovais added to party Live Nation Entertainment, Inc.(pty:dft), Attorney Alicia R Jovais added to party Ticketmaster LLC(pty:dft))(Jovais, Alicia) (Entered: 01/11/2022)

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  • 01/11/2022
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  • Docket(#22) NOTICE of Appearance filed by attorney Kirsten M Ferguson on behalf of Defendants Live Nation Entertainment, Inc., Ticketmaster LLC (Attorney Kirsten M Ferguson added to party Live Nation Entertainment, Inc.(pty:dft), Attorney Kirsten M Ferguson added to party Ticketmaster LLC(pty:dft))(Ferguson, Kirsten) (Entered: 01/11/2022)

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  • 01/11/2022
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  • Docket(#21) NOTICE of Appearance filed by attorney Andrew Michael Gass on behalf of Defendants Live Nation Entertainment, Inc., Ticketmaster LLC (Attorney Andrew Michael Gass added to party Live Nation Entertainment, Inc.(pty:dft), Attorney Andrew Michael Gass added to party Ticketmaster LLC(pty:dft))(Gass, Andrew) (Entered: 01/11/2022)

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  • 01/11/2022
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  • Docket(#20) NOTICE of Appearance filed by attorney Timothy L O'Mara on behalf of Defendants Live Nation Entertainment, Inc., Ticketmaster LLC (Attorney Timothy L O'Mara added to party Live Nation Entertainment, Inc.(pty:dft), Attorney Timothy L O'Mara added to party Ticketmaster LLC(pty:dft))(O'Mara, Timothy) (Entered: 01/11/2022)

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9 More Docket Entries
  • 01/04/2022
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  • Docket(#10) NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Albert Pak on behalf of Plaintiffs. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (et) (Entered: 01/04/2022)

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  • 01/04/2022
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  • Docket(#9) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Live Nation Entertainment, Inc., Ticketmaster LLC. (et) (Entered: 01/04/2022)

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  • 01/04/2022
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  • Docket(#8) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) (Entered: 01/04/2022)

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  • 01/04/2022
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  • Docket(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 01/04/2022)

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  • 01/04/2022
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  • Docket(#6) NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Margo A. Rocconi. (et) (Entered: 01/04/2022)

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  • 01/04/2022
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  • Docket(#5) NOTICE of Related Case(s) filed by Plaintiffs Skot Heckman, Luis Ponce, Jeanene Popp, Jacob Roberts. Related Case(s): 20-cv-03888-GW-GJS, 2:18-cv-09052-GW-GJS (Wolfson, Adam) (Entered: 01/04/2022)

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  • 01/04/2022
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  • Docket(#4) NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, (Wolfson, Adam) (Entered: 01/04/2022)

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  • 01/04/2022
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  • Docket(#3) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Skot Heckman, Luis Ponce, Jeanene Popp, Jacob Roberts. (Wolfson, Adam) (Entered: 01/04/2022)

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  • 01/04/2022
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  • Docket(#2) CIVIL COVER SHEET filed by Plaintiffs Skot Heckman, Luis Ponce, Jeanene Popp, Jacob Roberts. (Wolfson, Adam) (Entered: 01/04/2022)

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  • 01/04/2022
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  • Docket(#1) COMPLAINT Receipt No: ACACDC-32564118 - Fee: $402, filed by Plaintiffs Jacob Roberts, Skot Heckman, Jeanene Popp, Luis Ponce. (Attorney Adam B. Wolfson added to party Skot Heckman(pty:pla), Attorney Adam B. Wolfson added to party Luis Ponce(pty:pla), Attorney Adam B. Wolfson added to party Jeanene Popp(pty:pla), Attorney Adam B. Wolfson added to party Jacob Roberts(pty:pla))(Wolfson, Adam) (Entered: 01/04/2022)

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