DOJ Live Nation lawsuit

D.C.’s Robert F. Kennedy Building, which serves as the DOJ’s headquarters. Photo Credit: ajay_suresh

The DOJ and the FTC have moved to stay their lawsuits against Live Nation and Ticketmaster due to a shutdown-fueled funding lapse, which may also impact different cases.

The Justice Department yesterday submitted a motion seeking to pause its much-publicized Live Nation/Ticketmaster antitrust action. As noted in the filing, “[a]bsent an appropriation, Department of Justice attorneys and employees are generally prohibited from working, even on a voluntary basis, except in very limited circumstances.”

Evidently, those very limited circumstances include a court order denying a stay; per the document, rejection “would constitute express legal authorization for the activity to continue.”

With that – and following a hearing yesterday morning – the presiding judge promptly denied the motion “without prejudice to refiling if circumstances materially change,” according to a concise order.

This seemingly means the litigation will proceed for now; multiple expert discovery deadlines, one set for the 9th, are forthcoming.

Of course, it’s unclear exactly how long the shutdown itself will last – more here in a moment. And the seldom-seen situation is raising questions about, besides a variety of adjacent subjects, possible changes to the teams of U.S. litigators.

Shifting to the effect on other courtroom confrontations, as highlighted, the FTC also filed a stay motion in its comparatively new action against Live Nation and Ticketmaster. At the time of writing, with the case having only been assigned to a judge yesterday, a ruling hadn’t yet reached the docket.

A similar motion is likewise under consideration in the FTC’s BOTS Act ticket-scalping complaint against Key Investment Group.

Separately, filings and orders are hitting the docket in United States v. Combs – a point that seemingly confirms Diddy will still be sentenced tomorrow. As we previously reported, the mogul and his team are pulling out all the stops in pursuit of a light sentence.

Diddy today sent the presiding judge a lengthy letter exploring his “many mistakes,” charting the “spiritual reset” he’s experienced behind bars, and requesting a lenient sentence. Meanwhile, per a different court doc, he and his counsel even intend to present a 15-minute video during Friday’s hearing.

Closing with a look at the status of the actual shutdown, Senate Majority Leader John Thune today indicated that a funding extension bill will receive another vote tomorrow. But passage is reportedly unlikely as things stand, and some lawmakers believe the shutdown could run into “at least the middle of next week,” The Hill broke down.