Madonna's Lawyers Call to Dismiss Lawsuit Filed over Alleged Delayed Concert Start Time

The Queen of Pop's legal team said at least one of the plaintiffs "raved" about the Celebration Tour on social media before filing the lawsuit

Madonna's lawyers are calling to dismiss the lawsuit filed by two concertgoers who accused the Queen of Pop of "false advertising" after her Celebration Tour stop in December at Barclays Center in Brooklyn began late.

Nearly three months after Madonna and Live Nation were sued over the alleged delayed start time in January, her legal team filed a motion this week to have the lawsuit dismissed, according to court documents obtained by PEOPLE.

The two attendees claimed in the initial lawsuit, per documents obtained by PEOPLE at the time, that the Dec. 13 show began at 10:30 p.m., despite tickets advertising an 8:30 p.m. start time. Had they known what time Madonna would take the stage, the fans claimed, they "would not have paid for tickets."

Related: Madonna and Live Nation Plan to 'Vigorously' Defend Lawsuit Filed Against Them for Alleged Delayed Start Time

The pair of fans accused the delay, which they claimed happened again at the following Brooklyn shows on Dec. 14 and 16, of being a "wanton exercise in false advertising, negligent misrepresentation, and unfair and deceptive trade practices."

Now, the "Hung Up" performer's legal team has said the concertgoers' experience does not justify a lawsuit.

"Plaintiffs speculate that ticketholders who left the venue after 1 a.m. might have had trouble getting a ride home or might have needed to wake up early the next day for work," Madonna's attorneys wrote. "That is not a cognizable injury."

Related: Madonna Is Being Sued by Two Fans Claiming She Started Her Concert over 2 Hours Late

Before filing the lawsuit, one of the fans "raved" about the concert, which he described as "incredible," in a Facebook post — meaning the show "met or exceeded his expectations," said Madge's legal team.

The newly filed response also stated, "Nowhere did Defendants advertise that Madonna would take the stage at 8.30 p.m., and no reasonable concertgoer—and certainly no Madonna fan—would expect the headline act at a major arena concert to take the stage at the ticketed event time."

"Rather, a reasonable concertgoer would understand that the venue’s doors will open at or before the ticketed time, one or more opening acts may perform while attendees arrive and make their way to their seats and before the headline act takes the stage, and the headline act will take the stage later in the evening," Madonna's lawyers wrote.

The filing added that the plaintiffs "got just what they paid for: a full-length, high-quality show by the Queen of Pop."

The two fans "do not allege Madonna’s performance was subpar, that her performance was worth less than what they paid, or that they left the concert before watching her entire performance," the Grammy winner's legal team said.

Marcus Corwin, the plaintiffs' attorney, tells PEOPLE his clients will file a response to Madonna's motion to dismiss the lawsuit within 30 days. "We believe our response will address the issues raised in the MTD and that when the Court is fully briefed, we will be able to proceed with this action and obtain compensation for those ticket holders seeking refunds," he says.

A rep for Madonna has not commented.

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After the lawsuit — which finds the two concertgoers suing for unspecified damages — was initially filed, the "Borderline" musician's team and Live Nation told PEOPLE in a statement, "Madonna's just completed, sold out 2023 Celebration Tour in Europe received rave reviews. The shows opened in North America at Barclays in Brooklyn as planned, with the exception of a technical issue December 13th during soundcheck. This caused a delay that was well-documented in press reports at the time. We intend to defend this case vigorously."

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