AP sales…

[AnnaKristoff2013]

And the key to what you point out..IMO..is that they were still selling tickets to day guests.

Had they not done that and it had just been that the reservations were full, it would have matched the terms and conditions. It’s the blocking of an AP on a date not officially blocked out when there was obviously still park spots left.

Yes, I agree 100 percent.

 

[Robbie Cottam]

It is a class action suit. They cannot settle quickly with a non disclosure agreement. They will have to notify the members of the class. Basically, everybody who was a passholder between when they started selling passes again in August and September 2021 and started the park reservation system and November 21st when they stopped selling new passes is a plaintiff. They do not want to expand that group of people so they stopped new pass sales; except the low level in-state Florida and California passes which they might have to continue as a mitigation condition of development permits.

Also, all they had to do is tell one passholder there was no availability while they had availability for tickets. It does not matter how many passholders are in the park. They could not reserve availability for tickets when they had already sold that spot previously to a passholder. They took from the passholder to make more money on a ticket buying guest.

Has the “class” actually been certified?
if it is a class action suit, the legal fees are going to more then the 5 million dollars they were seeking.

 

[Robbie Cottam]

THEME PARK ADMISSION:

1. To enter a Disneyland® Resort theme park, each Passholder is required to have a theme park reservation and valid admission for the same park on the same date. Park reservations are limited and subject to availability and applicable Pass blockout dates. Passholders should ensure their Pass type is valid for park entry prior to making a park reservation. It may be difficult for Passholders to get park reservations to visit on certain dates or a select park, and park reservations are not guaranteed for any specific dates or park, no matter the Pass type. Additionally, park reservations may not be available on select holidays for certain parks. A Pass will not guarantee park entry. Other restrictions, such as Park Hopper® rules, may apply.

I would be very interested to know when Disney published this.

 

[Ms Bibbidi]

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[Ms Bibbidi]

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[Robbie Cottam]

That

https://www.pacermonitor.com/public...v_Walt_Disney_Parks_and_Resorts_US,_Inc_et_al

Also, the $5 million is not the amount of the claim, it is the jurisdictional level in order to be eligible for removal to the Federal court based on diversity of citizenship.

That link requires a rather expensive subscription, has the class been certified?
Also” . A minimum monetary value of a claim that must be met in order for a court to have jurisdiction over that claim. For example, in federal court diversity jurisdiction cases, the jurisdictional amount is $75,000.” According to WEXLAW

 

[Ms Bibbidi]

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[WilsonFlyer]

{Oh man! I could get fired up but I'd also probably get kicked off.}

My AP is good for any day I want to go in the parks. 10 minutes' notice. Any park. Any TIME. THAT'S what I paid for. NOTHING less.

 

[Ms Bibbidi]

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[Robbie Cottam]

Yes’m until May, 6th.
But from what I could see the parties have both filed motion on the “class” question but that was be tabled

 

[Robbie Cottam]

{Oh man! I could get fired up but I'd also probably get kicked off.}

My AP is good for any day I want to go in the parks. 10 minutes' notice. Any park. Any TIME. THAT'S what I paid for. NOTHING less.

Yes, you are 100 percent correct! I totally agree.

However, park admission also requires a park reservation.
I have keep my annual pass current since 2017. When the parks reopened I believe i got an email, or it was included with the renewal receipts that entrance into the park required both a paid admission and a reservation.

I have seen it on ever single disney ad since the parks reopened.

 

[Robbie Cottam]

"Class defendants prefer federal court. In any putative class action filed in state court, the first issue to analyze is whether the case can be removed to federal court, and any such analysis typically involves whether the case satisfies the $5 million jurisdictional threshold of the Class Action Fairness Act (CAFA). While CAFA largely has eliminated the judicial anti-removal bias that prevailed prior to its enactment, district courts are still tempted – sometimes as a docket-clearing mechanism – to kick cases back to state court. In two recent Ninth Circuit cases, the appellate court overturned decisions remanding putative class actions to state court, on the ground that the district courts applied overly strict standards relative to the establishment of CAFA’s jurisdictional threshold. These decisions serve as a reminder a class defendant need only make a plausible case that $5 million or more is at stake to remove under CAFA." [This is a quote from a law firm's website, but I'm too lazy to cite it. Kirkpatrick Townsend, I think -- just so I don't get into trouble for not giving credit.]

Great, Thank you

But has the class been certified.

Nothing I can find says it has been. however I don’t actually have access to anything really useful. There is reference to some motions, the have been continued to a case management conference in late June.

 

[Ms Bibbidi]

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[Ms Bibbidi]

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[Ms Bibbidi]

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[Robbie Cottam]

It doesn't matter when. There are principles of law that will apply. So, just having availability in the footnote does not mean the claim is automatically defeated. They have always had availability boilerplate. However, in the past that was because of severe weather, parks reaching Fire Marshal restrictions on capacity or other things beyond Disney's control. Just think of this. If Disney wanted to under your interpretation of the availability language they could sell a billion dollars worth of annual passes and then just say, we don't have any availability for passholders for the foreseeable future because of a high post-pandemic travel demand. Try again after January 2024. We like people to have a good experience with space in the park and we are filling it up with resort guests and ticket holders. So, their bucket gets all of the reservations. If we have any left over, we will post them to passholders 24 hours prior, but still hold a few thousand back for same day gate tickets. Do you think you agreed to that?

True, but doesn’t the purchase of the ticket create a contract between Disney and the purchaser. Disney has the right to set limits on there parks.

I can‘t show up at 2 am and stay I want to go space mountain because the park is closed.

is the claim that Disney should reserve 3600 park slots everyday I case a Magic Pass holder shows up?

If that theory succeeds you are going to see the cost of annual passes with a few more zeros on the end of them.

Who wants to pay $13,999 dollars per year for there annual pass?

Also what you refer to as a footnote, someone else may term a contract stipulation.

 

[Robbie Cottam]

You are correct. However, the key point here is blocking passholders (on a day when their block-out calendar does not block them) just to give the reservation to a ticketed guest. They are still allowing reservations to go to ticket sales while blocking passholders who cannot get a reservation. Nobody is arguing that a reservation is not needed because we are passholders. That is what happened to Nielsen. She had an annual pass (hers happened to be without any blockout dates). She had family who needed tickets. She went online and found her ticket buying family could get park reservations, but she could not. This was early October and there were only about 17 days open for her through the end of December. (Disneyland Resort). She had to buy tickets to make the trip with her family.

Has that claim been proven? If so I would say Disney has a problem, if not sour grapes

 

[Ms Bibbidi]

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[Ms Bibbidi]

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[Ms Bibbidi]

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