SDNY COURTHOUSE, April 3 – The United States versus Live Nation trial began
on March 2 with jury selection, before U.S. District Court
for the Southern District of New York Judge Arun
Subramanian. Then after a week of testimony it
went on pause, and the DOJ and now several states
settlement with Live Nation.
On March 16 the trial picked back up, with
NYS' Hatch questioning AEG's Marciano followed by a
grilling cross by Live Nations' Marriott, emphasizing the
size and actions of AEG. Then the states called Live
Nations Bob Roux, who repeatedly said he didn't remember
and couldn't confirm.
Late on March 19, Inner City Press
publishes TicketMonster in Court, here
On Sunday March 22 the States' lawyer wrote
in that "Marriott, represented to
the Court that Defendants’ “best estimate†was that they
would put on a case for 7 trial days, Defendants disclosed
a list of 29 live witnesses and 19 witnesses via
designation. This is pure gamesmanship aimed at impeding
Plaintiffs’ ability to prepare for trial" - full filing on
Patreon here.
On March 24 after a night
of unacted-on sealing requests and Bryan Perez of AXS,
the states' damages expert Rosa Abranes-Metz was on the
stand for the rest of the day, and into the next. She
calculated what she said was each fan's loss per ticket
but... See below, where Live Nation sealed its
declaration to strike all of her testimony.
After midnight on March
24-25, Live Nation filed two letters requesting sealing.
Inner City Press filed opposition at 1:47 am, here.
Midday on March 25 Judge Subramanian asked if anyone
from Inner City Press was in the courtroom. Later, after
live tweeting the jocular testimony of Mark Yovich of
Ticketmaster, Inner City Press was ready to argue. Judge
Subramanian said, Mr. Lee, I see you here, I have read
your letter, we will address it." Watch this site.
On March 26 before the
states rested and Live Nation kicked off with Oman
Al-joulani, Judge Subramian made a proposal then asked
if "everyone" was in agreement. He graceously allowed
Inner City Press to take to the lectern to point to
contracts with not just financial terms redacted, and to
urge greater transparency going forward, including
during the Tunney Act review of DOJ's murky settlement.
Judge Subramanian appeared to say, file letters and I'll
review redactions and sealing. And so we will.
On March 27, an
extraordinary exchange which Inner City Press live
tweeted, then docketed a letter about - a letter which
Live Nation responded to on Saturday night, asking until
Monday to substantive respond: Inner City’s Motion
requests the letters related to “an 8pm March 26
telephone call about the case†be immediately docketed
(the “Lettersâ€). (Mot. at 1.) The Letters were submitted
to the Court in camera because they implicate the
privacy interests of non-parties. Given the nature of
the information at issue and to allow any other
interested parties to respond, Defendants respectfully
request until Monday, March 30, 2026 to respond to the
Motion. We also understand that the affected third party
intends to file a response and respectfully requests
until Monday to do so."
On Sunday Judge Subramanian
docketed a text-only order: "ORDER granting [1341]
Letter Motion for Extension of Time; there's probably
some portion of the parties' letters that can be
publicly filed with redactions. The Court agrees that
specific references to the substance of the files at
issue, and the files themselves, none of which were
utilized at trial or had anything to do with any
judicial function, are properly subject to sealing.
(HEREBY ORDERED by Judge Arun Subramanian)(Text Only
Order) (Subramanian, Arun)." Inner City Press asked, But
when?
Then near midnight Live Nation's lawyers filed opposition to docketing the March 26 letters - not even putting redacted versions in the docket - and also sealed entirely under seal a declaration by one Kelly Fayne and seven exhibits asking to strike the entirely of the states' expert Metz' testimony.
It was late but it had to be done: Inner City Press filed a reply on the letters, and opposition to the sealing of Live Nation's declaration and seven exhibits.
On March 31 before the jury came in, Judge Subramanian asked about the motion, but not the sealing. Later he set a hearing - for Mueller's lawyer, who wrote in by email citing the California constitution. The jury was told to take two days off, until Friday.
On April 1, without the jury, a hearing. Judge Subramanian came in and said the letters Inner City Press has been pursuing since March 27 must be docketed, albeit with redactions (we'll see). Then an argument, culminating in Judge Subramanian saying the states haven't taken the motion (partially sealed) against Dr Abrantes-Metz seriously enough.
On April 2, with no Live Nation trial action in the courtroom, the declaration and seven exhibits were docketed in full - there had been no basis at all to seal them - then the Mueller letters and email, still with extensive redactions. Live Nation followed that up with a motion for sanctions against the states, about l'affaire Mueller (which would have been entirely out of the public record but-for the Press motions of March 27 and March 30).
On April 3, a flurry of Live Nation videos, from Mountain View and Oregon to the Wells Fargo Center. Filings are due but the end is in sight.
April 3 extra on X for Subscribers and Substack here
April 2 extra on X for Subscribers here and Substack here.
April 1 extra on X for Subscribers here and Substack here.
March 31 extra on X for Subscribers here and Substack here
March 27 more on X for Subscribers here and Substack here
March 25 more on X for
Subscribers here
and Substack here
March 24 more on X for
Subscribers here
and Substack here
March 23 more on X for Subscribers here
and Substack here
March 20 more on X for Subscribers here
and Substack here.
March 19 more on that on X for Subscriber here
and Substack here
March 18 extra on "war room(s)" on X for
Subscribers here
and Substack here
On March 5, Judge
Subramanian granted Inner City Press first motion to
unseal, here
On March 6, Inner City
Press was in the courtroom at 8:30 am, and spoke to push
for further unsealing, including of demonstratives. See
new book, "TicketMonster: US v Live Nation 1," ebook,
audiobook and paperback here.
On March 9, amid news of a
US settlement, Inner City Press filed a second request
to unseal, here.
Then it ran in and live tweeted Judge Subramanian
questioning the settlement, summoning Rapino in on March
10. At 4:20 pm the US - which says Live Nation is
selling off things it is divesting - filed its term
sheet, which we are putting on DocumentCloud here
At 11 pm on March 9, Live
Nation opposed Inner City Press' motion to unseal, here.
Before midnight, Inner City Press replied, here.
Near midnight on March 11, some documents were unsealed,
and Inner City Press tweeted-out photos and links to
CourtListener.
More from March 10 on X
for Subscribers here
and Substack here
Back on March 4 Inner City Press did a vlog,
after filing to unseal, full letter
on DocumentCloud here
On March 5, greanted.
More March 2 details, and the names, on X for Subscribers
here
and Substack here
On March 3, three opening statements -
David Dahlquist out of Chicago for the US, Jonathan Hatch
for NY and the other states, and Latham's Marriott for
Live Nation. The first witness was supposed to take the
stand after that, but Judge Subramanian cited technical
issues and sent the jurors home.
More March 3 detailing including on
upcoming witnesses on X for Subscribers here
and Substack here
The case is United States of America et al v. Live Nation Entertainment, Inc. et al., 24-cv-3973 (Subramanian)
