LA Rams Want Connecticut Ticket Suit Sent To Missouri
LA Rams Want Conn. Ticket Suit Sent To Mo.
“Law360, New York (September 23, 2016, 4:07 PM EDT) — The Los Angeles Rams asked a Connecticut federal judge to send a suit brought by real estate lender RCN Capital LLC to Missouri federal court on Wednesday, where it can be handled alongside a similar, pending class action over the team’s seat licenses.
In its Wednesday motion, the Rams asked the judge to transfer the case, which accuses the team of misleading and defrauding ticket buyers who had purchased personal seat licenses before the Rams decided to leave St. Louis, to the Eastern District of Missouri.
The team claims that the Personal Seat License agreement at the heart of the claims in this suit contains a covenant that requires the case to be handled in that state’s court system, according to a memorandum in support of the transfer motion.
“The clear and unambiguous forum selection clause appeared on the face of all PSL agreements that governed licenses to the stadium in St. Louis,” the memorandum said. “Plaintiff itself signed transfer forms acknowledging that RCN Capital was bound by all the terms and conditions of the PSL agreements.”
Currently, the Rams added, a proposed class of St. Louis Rams season ticket holders’ suit is pending in Missouri federal court, which means that it would be more efficient to consolidate the cases. Those season ticket holders seek reimbursement for time left on the now useless seat licenses.
A separate motion to dismiss was also filed on Wednesday. The motion, filed as an alternative to the transfer motion, argues that RCN’s failure to adhere to the forum selection clause in the agreement warrants dismissal of the suit.
Representatives for both parties did not immediately respond Wednesday to requests for comment.
The South Windsor, Connecticut-based real estate lender filed suit in the state’s court on July 28, accusing the Rams of failing to honor the seat license the company paid for, selling the tickets it reserved and now charging higher prices for tickets. That suit was removed to federal court in late August.
Before the team moved, it sold RCN Capital a “charter personal seat license” to expire in 2025 for $238,350, the complaint said. The license entitled it to buy tickets for preseason and season tickets for Rams home games.
But the Rams now refuse to sell season tickets to RCN and have failed to provide the real estate lender with any notice that its season tickets have been revoked, according to the complaint that accuses the team of bad faith breach of contract and tortious interference with contractual relations and statutory theft.
RCN Capital is represented by Jason L. McCoy of the McCoy Law Firm.
The Los Angeles Rams are represented by Diane Westwood Wilson of Dentons.
The case is RCN Capital LLC v. The Los Angeles Rams LLC et al., case number 2:16-cv-01481, in the U.S. District Court for the District of Connecticut.
–Additional reporting by Joyce Hanson. Editing by Emily Kokoll.”