Holmes v. Ticketmaster, LLC

CourtDistrict Court, D. Maryland
DecidedOctober 9, 2025
Docket1:25-cv-01138
StatusUnknown

This text of Holmes v. Ticketmaster, LLC (Holmes v. Ticketmaster, LLC) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holmes v. Ticketmaster, LLC, (D. Md. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

NADINE HOLMES, on behalf of herself and all others similarly situated, Plaintiff, y Case No. 1:25-cv-01138-JRR LIVE NATION ENTERTAINMENT, INC., et al., Defendants.

MEMORANDUM OPINION This matter comes before the court on Defendants’ Motion to Transfer Venue. (ECF No. 11; the “Motion.”) The court has reviewed all papers; no hearing is necessary. Local Rule 105.6 (D. Md. 2025). I. BACKGROUND! A. The Instant Action Plaintiff Nadine Holmes, on behalf of herself and all other similarly situated, filed the instant Class Action Complaint against Defendants on April 7, 2025. (ECF No. 1; the “Complaint.”) Defendant Ticketmaster LLC (“Ticketmaster”), a limited liability company registered in Virginia with its principal place of business in Beverly Hills, California, provides “an online marketplace where consumers can buy and sell tickets for sports, concerts, and other live entertainment events.” Jd. 93, 22. Defendant Live Nation, Inc. (“Live Nation”), Ticketmaster’s

' As described below, “in reviewing a motion to transfer, the court may consider evidence outside the pleadings.” Menk v. MITRE Corp., 713 F. Supp. 3d 113, 133 (D. Md. 2024) (citation modified) (quoting Siemens Energy, Inc. v. CSX Transp., Inc., No. RDB-15-1072, 2016 WL 1059261, at *2 n.2 (D. Md. Mar. 17, 2016)). The court may therefore consider the exhibits attached to Defendants’ Motion in ruling on the Motion.

parent company, is incorporated in Delaware with a principal place of business in California. Id. ¶ 21. The putative class action concerns Defendants’ alleged “deceptive and manipulative use of a bait-and-switch scheme commonly known as ‘drip pricing,’—a practice of advertising only part

of a product’s price and then revealing other charges in a non-initial step in the transaction as the consumer goes through the buying process.” (ECF No. 1 ¶ 1.) Plaintiff alleges that, on November 23, 2024, while at her home in Maryland, she purchased two tickets from Ticketmaster via its website for a live event in Virginia. Id. ¶ 94. While Ticketmaster “initially advertised the two tickets as costing [$113] per ticket,” or $226 total, her ultimate purchase totaled $279.45. Id. ¶¶ 95, 97. Plaintiff contends that Defendants “entice[] consumers to shop for tickets by displaying deceptively low prices that do not include mandatory fees.” Id. ¶ 8. It is “[o]nly after a consumer has chosen tickets and invested time and effort clicking through an intentionally long, multi-page purchase process” that Defendants “reveal the mandatory fees added to the ticket price.” Id. Plaintiff urges that this practice violates the Maryland Consumer Protection Act, MD. CODE

COM. L. §§ 13-301, et seq., and asserts Counts I and II to that effect. (ECF No. 1 ¶¶ 117–45.) She seeks to represent a class defined as follows as: All residents of Maryland who, during the Class Period, paid a Mandatory Added Fee through the Ticketmaster Website or Ticketmaster App where the price initially displayed did not include the amount of the Mandatory Added Fee.

Id. ¶ 102. She also proposes the following subclass, excepting exclusions not reproduced here: All residents of Maryland who, on or after July 1, 2024, paid a Mandatory Added Fee through the Ticketmaster Website or Ticketmaster App where the price initially displayed did not include the amount of the Mandatory Added Fee.

Id. B. The Madrigal Action On March 18, 2025, prior to Plaintiff’s initiation of this action, a group of plaintiffs initiated a putative class action against Defendants in the U.S. District Court for the Central District of California—Madrigal v. Live Nation Entertainment, Inc., Case No. 2:25-cv-2375 (C.D. Ca.). The

Madrigal action, like this one, concerns Defendants’ alleged “drip pricing practices” to collect “unfair and deceptive fees.” (Madrigal Compl., ECF No. 11-4 ¶ 7; Madrigal Am. Compl., ECF No. 11-5 ¶ 7.) The Madrigal plaintiffs are from California (Madrigal Compl., ECF No. 11-4 ¶¶ 14–25); Florida, id. ¶¶ 26–40; New York, id. ¶¶ 41–48; and Illinois, id. ¶¶ 49–56. The Madrigal plaintiffs later amended their complaint to include a plaintiff from the District of Columbia. (Madrigal Am. Compl., ECF No. 11-5 ¶¶ 69–87.) Each Madrigal plaintiff seeks to represent a class from his or her respective state, defined as follows: All residents of the [State] who, during the Class Period, paid an Added Fee to Defendants through the desktop or mobile versions of https://www.livenation.com or https://www.ticketmaster.com or through Defendants’ Apps where the price initially displayed to the consumer did not include the amount of the Added Fee.

Id. ¶¶ 167–72. Each plaintiff asserts claims under his or her respective state’s laws. Id. ¶¶ 188– 345. C. Relevant Procedural History Following initiation of the instant action, Defendants now move to transfer the case to the Central District of California pursuant to operation of a binding forum selection clause and 28 U.S.C. § 1404(a). (ECF No. 11.) Plaintiff opposes the Motion. (ECF No. 14.) Defendant subsequently filed a motion to dismiss based on Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (ECF No. 16.) The court addresses here only the venue Motion. (ECF No. 11.) II. LEGAL STANDARD Pursuant to 28 U.S.C. § 1404(a), “[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented.”

“In a motion to transfer venue pursuant to § 1404(a), the moving party bears the burden of showing, by a preponderance of the evidence, that transfer to another venue is proper.” Kimber v. Plus3 IT Sys., LLC, No. CV ELH-18-3046, 2019 WL 1518970, at *3 (D. Md. Apr. 5, 2019). As such, the court “may consider evidence outside the pleadings” in ruling on the Motion. Siemens Energy, Inc. v. CSX Transp., Inc., No. RDB-15-1072, 2016 WL 1059261, at *2 n.2 (D. Md. Mar. 17, 2016). Ultimately, “[t]he decision whether to transfer is committed to the sound discretion of the trial court.” Mamani v. Bustamante, 547 F. Supp. 2d 465, 469 (D. Md. 2008). As a threshold matter, transfer under § 1404(a) may only occur where the transferee court is one where the case “might have been brought.” 28 U.S.C. § 1404(a); see Menk v. MITRE Corp., 713 F. Supp. 3d 113, 132 (D. Md. 2024) (discussing that the statutory language of § 1404(a)

requires that “the transferee court must be a court in which the action could have been brought initially”) (quoting Kimber, 2019 WL 1518970, at *3). Ultimately, consideration of transfer pursuant to § 1404(a) turns on four factors: “(1) the weight accorded to plaintiff’s choice of venue; (2) witness convenience and access; (3) convenience of the parties; and (4) the interest of justice.” Trs. of the Plumbers & Pipefitters Nat. Pension Fund v. Plumbing Servs., Inc., 791 F.3d 436, 444 (4th Cir. 2015). A forum-selection clause may similarly “be enforced through a motion to transfer under § 1404(a).”2 Atl. Marine Const. Co. v. U.S. Dist. Ct. for W. Dist. of Texas, 571 U.S. 49, 59 (2013). III. ANALYSIS Defendants move to transfer this action to the Central District of California.

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