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Ticketmaster Settlement Objection

Ticketmaster Settlement Objection

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Published by Matt Cameron
Objection to the settlement proposed September 2, 2011 in Schlesinger v. Ticketmaster, filed in the Los Angeles Superior Court by Federal Express November 30, 2011. With jokes!

If you support this cause, PLEASE join our Facebook group, "I object to the proposed 9/2/11 settlement in Schlesinger v. Ticketmaster" (https://www.facebook.com/groups/124588604321066/). The Court is actually legally obligated to consider how many class members object, so your voice WILL be heard.

Objection to the settlement proposed September 2, 2011 in Schlesinger v. Ticketmaster, filed in the Los Angeles Superior Court by Federal Express November 30, 2011. With jokes!

If you support this cause, PLEASE join our Facebook group, "I object to the proposed 9/2/11 settlement in Schlesinger v. Ticketmaster" (https://www.facebook.com/groups/124588604321066/). The Court is actually legally obligated to consider how many class members object, so your voice WILL be heard.

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Published by: Matt Cameron on Nov 30, 2011
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12/12/2011

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1
SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES
 ___________________________________________ CURT SCHLESINGER and PETER LO RE, ) No. BC304565On behalf of themselves and the Class ) )
STATEMENT OF OBJECTION
 v. )
 TO PROPOSED SETTLEMENT
 )
OF CLASS ACTION
 TICKETMASTER, a Delaware Corporation ) ___________________________________________)
STATEMENT OF OBJECTION TO PROPOSED CLASS ACTION SETTLEMENT AND PRAYER FOR RELIEF
NOW COMES Matthew S. Cameron (“Cameron”), a
bona fide 
Class member in the above-captionedaction, to file his written objection
to the proposed Settlement Agreement and Release (“theSettlement”) in this matter dated September 2, 2011.
1
 In support of this Objection, Cameron states
2
as follows:
I.
 
STATEMENT OF CLASS MEMBERSHIP, POTENTIAL BENEFIT UNDER  THE PROPOSED SETTLEMENT, AND INTENT TO APPEAR 
1)
 
I am a
bona fide 
member of this certified Class. I estimate that I have purchasedapproximately eighteen (18) tickets through Ticketmaster.com between October 21, 1999
and October 17, 2011 (the “Class Period”), all of which included Order Processing Fees, and
none of which were delivered via UPS. In recent memory, these included (but were not
limited to): “Cinematic Titanic” (Two tickets at the Wilbur Theate
r, 10/29/2010), AmandaPalmer (Two tickets at the Paradise, 11/24/2008), The Pogues (Two tickets at the Orpheum,3/20/2008), Modest Mouse (Two tickets at the Orpheum, 4/27/2007), The Flaming Lips(One ticket at the Boston BOA Pavilion, 9/10/2006), as well as a number of tickets forRadiohead, Sigur Ros, and a number of other concerts throughout the Class Period. My  Ticketmaster.com account has been linked to bothmattcameron@gmail.com and matt@mattcameronlaw.com. 2)
 
 Were this Settlement to be approved, I would be awarded a credit of one dollar and fifty cents ($1.50) toward a single future Ticketmaster.com transaction
3
for each of seventeen of 
1
Although Cameron is a licensed attorney in the Commonwealth of Massachusetts, this Objection is filed
 prose 
solely on his own behalf as a member of the certified Class. Cameron avers that this the first instanceanywhere in the world in which he has ever filed an objection to a settlement in a class action.
2
The follow 
ing is intended as a comprehensive overview of Cameron’s objections to the Settlement. Further
detailed briefing of the issues raised below is available upon request.
 
2
my previous purchases during the Class Period, or a total of $25.50 denominated intoseventeen single-use vouchers of $1.50.3)
 
I am willing and able to attend these proceedings on May 29, 2012. In fact, I believe that theseriousness of the principled objections to this Settlement detailed below may perhaps bebest measured by my willingness to leave the established comforts of New England to travelnot only to California but to a
courtroom in Los Angeles
.
4
 4)
 
I am also amenable to attending a deposition in Boston upon reasonable notice.
II.
 
STATEMENT OF OBJECTIONS TO THE PROPOSED SETTLEMENT
 A. The Settlement provides no cognizable rights, privileges, or benefits to the Class.
5)
 
 The Settlement as proposed is virtually useless to Class members in that:a.
 
 The proposed award would be parceled into, at most,
seventeen
de minimis 
 installments
;b.
 
 The proposed award has
no cash value
, andc.
 
 The proposed award is plainly designed to directly 
 profit Defendants at the furtherexpense of the Class
.6)
 
In the alternative, I have proposed a comprehensive compensation package for each Classmember (including, but not limited to, two unrestricted passes to any Ticketmaster event inthe next five years) in my Prayer for Relief.
B. The Settlement fails to account for pain and suffering caused to members of the Class 
by Defendant’s unfair and monopoli 
stic business practices.
7)
 
 As an unwilling repeat Ticketmaster customer, I was in no way surprised to learn that
Defendant’s “
Order Processing F
ees” included an arbitrary and undisclosed element of pure
profit for Defendant. I had actually 
assumed 
that Defendant was cheerfully pocketing 
all 
of 
my “convenience” and “processing” fees, an objectively reasonable belief 
under thecircumstances which, given my vigorous, principled objection to the existence of the massivecultricidal octopus which is the Defendant, has historically caused me
substantial mentalanguish
 — 
upon point of purchase and beyond
 — 
throughout the Class Period. Theproposed $1.50 per transaction does not
begin 
to fairly compensate the suffering which I andother Class members have endured in this regard.8)
 
In consideration of the existential angst caused by the cognitive dissonance created betweenbeing required to contribute to the profits of the one corporation more responsible than any 
3
Approximately 17% of the cost of a single Ticketmaster so-
called “convenience fee.”
 
4
All, I am compelled to add, on what I anticipate will be a perfectly lovely, smog-free spring Tuesday inBoston.
 
3
other for the slow death of American live music in exchange for my ability to attend events which provide access to same at prices so exorbitant that the artists themselves routinely apologize for them,
I respectfully request that each member of the Class be awarded
one (1) “handle”
5
 
of Jack Daniel’s Tennessee Whiskey
, or, upon request, a check for thecash value of this award (approx. $33).
6
 
C. The Settlement unfairly forces Class members to continue to contribute to the profitof the same corporation which has unlawfully extracted $100 million from the Class throughout the Class Period.
9)
 
I must respectfully object equally to the insulting 
 form 
as well as the laughable
amount 
of theaward proposed to those Class members who did not have the good sense to be named
plaintiffs in this litigation. The proposal to “compensate” the consumers who have suffer
ed
most in Defendant’s ongoing predatory, monopolistic, and cynical assault on the heart of 
 American musical culture by providing Class members with tiny 
scraps of corporate scripdesigned solely
to further contribute to Defendant’s outsized quarterly earn
ings
is agross insult to the Class as a whole which should not pass the laugh test. This Court wouldnever in good conscience permit a suit against the tobacco industry to be settled by awarding coupons for future cigarette purchases to the families of cancer victims. I respectfully request that this grossly offensive
“coupon Settlement” be treated no differently.
 
D. The Settlement provides for an award to the Class Representatives which is wholly disproportionate to either the injuries alleged or the efforts expended on behalf of the Class.
10)
 
By contrast to the Class members, each of the Class Representatives would, under the termsof the proposed Settlement, receive a lump-sum payment of $20,000 in compensation forthe apparently onerous burden imposed u
pon them by having to “respond to substantialdiscovery requests”
7
throughout the pendency of these proceedings. I must object to thisexcessive award. It is beyond my otherwise-febrile imagination what, if anything, theserequests would have amounted to beyond copies of electronic or printed receipts reflecting purchases from Ticketmaster.com during the Class Period.
5
1.75 liters.
6
I respectfully suggest that this award (respectfully and seriously proposed) is no more arbitrary or capricious(and, as an administrative matter, actually far easier for Defendant to pay out) than the proposed award of a$1.50 voucher per proven Ticketmaster.com transaction. My proposed award is calculated based upon an
estimated average amount of hard liquor consumed per Class member
while reflecting upon,
complaining about, or otherwise discussing the gross inequities of Defendant’s business practices throughout
the course of the entire 12-year Class Period.
7
 
See 
“Notice of Proposed Settlement
,
received by email from ticketfeelitigation@tgcginc.com 11/29/2011.

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