Well that was fast wasn’t it? On Friday Rapture Electronic Music Festival filed a federal lawsuit against Ultra, the City of Miami, and the Virginia Key Beach Historic Trust alleging they conspired to violate the Sherman Act by booking Ultra for the same time Rapture was supposed to be held.
The Judge quickly responded by tossing the lawsuit for fatal flaws in the Complaint. The lawsuit failed to demonstrate how Rapture has any standing to bring the lawsuit. Why? Both Ultra and Rapture have filed an application to hold their festivals at Virginia Key Beach. To date, neither application has been granted or denied. Therefore, no injury has actually occurred yet. That wasn’t the only flaw in this dubious lawsuit.
The Judge didn’t hold back in the Order:
Additionally, the Complaint fails on its face to plausibly allege any unlawful conspiracy
or anticompetitive arrangement between Defendants. Plaintiff relies exclusively on conclusory allegations of conspiracy backed by no factual allegations whatsoever. Besides nearly two-dozen conclusory allegations of unlawful collusion, Plaintiff’s case seems to hinge almost entirely on the following allegation: “[t]he ridiculousness of allowing Ultra music festival in such an environmentally friendly location is absurd and a clear signal of an antitrust violation.”
With that the Judge tossed Rapture’s lawsuit, however Rapture has 1 opportunity to amend its Complaint and try again. Rapture has until February 13 to try again – and that is their last chance.
The Court warns Plaintiff that this will be Plaintiff’s one and only chance to amend. If
the Court must dismiss the complaint again for failure to state a claim, it will do so with
prejudice
You can read the full court filing from the Judge below. We will update you as this story develops.
