X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION AND ORDER   Plaintiff Daniel Jung moves for the entry of default judgment against defendant William McFarland, and to certify a world-wide class of “[a]ll persons who purchased tickets to and/or made travel arrangements in connection with Fyre Festival” pursuant to Rule 23, Fed. R. Civ. P. Jung asserts that he and the members of the putative class were injured by fraudulent statements of Fyre Media, Inc. (“Fyre Media”) promoting the Fyre Festival as a luxurious event with premium accommodations, fine cuisine, amenities, and performing artists. He further asserts that McFarland directed and caused these statements to be made. For the reasons explained herein, the motion for the entry of default judgment will be denied but the Court will conduct an inquest into certain matters pertaining to the fraud claims. The motion for class certification will be denied. BACKGROUND The allegations in this case are well described in this Court’s Opinion and Order of July 10, 2019 (Doc 90 (“MTD Opinion”))1 granting the motions of Grant Margolin and Jeffrey Atkins to dismiss the Second Consolidated Amended Complaint (“SCAC”), and in its Opinion and Order of November 7, 2019 (Doc 105) denying plaintiffs’ motions for reconsideration of the dismissal of Margolin and for leave to further amend their complaint.2 For this reason, only a brief description of the facts follows. The SCAC purported to allege against McFarland, Atkins and Margolin claims of fraud, negligent misrepresentation, negligence, gross negligence, inducement of breach of contract, unjust enrichment, and state statutory claims under the laws of New York, N.Y. Gen. Bus. Law §349, California, Cal. Bus. & Prof. Code §§17200 et seq., 17500 et seq., Cal. Civil Code §1750 et seq., Colorado, Col. Rev. Stat. §6-1-102(6) et seq., and Illinois, Ill. Comp. Stat. §§505 et seq., 510/2 et seq. The seven named plaintiffs are ticket buyers and/or attendees of the Fyre Festival who allege that McFarland was the founder, owner, director, and CEO of Fyre Media, Inc., the company planning and overseeing Fyre Festival since December 2016. (SCAC

3-6.) The crux of Plaintiffs’ allegations is that McFarland directed the promotion and marketing of Fyre Festival as a luxury music festival through social media accounts, promoters, and websites, claiming that attendees would be provided with amenities such as “morning yoga and guided meditation on the beach” or “local seafood, Bahamian-style sushi and even a pig roast” when in reality he knew that the Festival would be a “colossal failure that would place the lives of attendees in danger for weeks if not months in advance.” (Id.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...


Apply Now ›

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


Apply Now ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›