Case 1:19-cv-20424-UU Document 5 Entered on FLSD Docket 02/04/2019 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 19-cv-20424-UU
YMD RECORDS, LLC,
Plaintiff,
v.
ULTRA ENTERPRISES, INC., et al.,
Defendants.
____________________________________/
ORDER TO SHOW CAUSE
THIS CAUSE comes before the Court sua sponte.
THE COURT has considered the pertinent portions of the record and is otherwise fully
advised in the premises.
Plaintiff filed its complaint on February 1, 2019. It accuses the organizers of the Ultra
Music Festival, the City of Miami Beach, and the Virginia Key Beach Trust of violating the
Sherman Act by conspiring to book the Ultra Festival for the same venue at the same time as a
music festival organized by Plaintiff. See D.E. 1. The complaint suffers from a facial defect: it
does not allege that Plaintiff has suffered any sort of injury that would give it standing. Plaintiff
alleges that it filed an application to hold its music festival at Virginia Key Beach.

Id.

Defendant, Ultra Enterprises, has also filed an application to use Virginia Key Beach at the same
time. Id. To date, Plaintiff’s application has not been granted or denied. Neither has Ultra
Enterprises’ application been rejected or denied. Id. Accordingly, Plaintiff has not set forth any
cognizable injury.

 Case 1:19-cv-20424-UU Document 5 Entered on FLSD Docket 02/04/2019 Page 2 of 2

Additionally, the Complaint fails on its face to plausibly allege any unlawful conspiracy
or anticompetitive arrangement between Defendants. Plaintiff relies exclusively on conclusory
allegations of conspiracy backed by no factual allegations whatsoever. Besides nearly twodozen conclusory allegations of unlawful collusion, Plaintiff’s case seems to hinge almost
entirely on the following allegation: “[t]he ridiculousness of allowing Ultra music festival in
such an environmentally friendly location is absurd and a clear signal of an antitrust violation.”
Id. ¶ 17. That allegation isn’t a “clear signal” of anything, and so the Court must dismiss the
complaint for failure to state a claim, but will grant leave to amend.
The Court warns Plaintiff that this will be Plaintiff’s one and only chance to amend. If
the Court must dismiss the complaint again for failure to state a claim, it will do so with
prejudice. It is hereby
ORDERED AND ADJUDGED that the Complaint (D.E. 1) is DISMISSED WITHOUT
PREJUDICE. If Plaintiff wishes to proceed with this case, it must file an amended complaint no
later than Wednesday, February 13, 2019. Failure to do so will result in the immediate
dismissal of the case without further notice.
DONE AND ORDERED in Chambers at Miami, Florida, this _4th_ day of February,
2019.
_______________________________
UNITED STATES DISTRICT JUDGE
cc: counsel of record via cm/ecf