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RANDALL S. NEWMAN, P.C. Randall S. Newman (Cal. Bar No. 190547) 37 Wall Street, Penthouse D New York, NY 10005 Telephone: (212) 797-3737 Facsimile: (212) 797-3172 rsn@randallnewman.net Attorney for Plaintiff, Joseph Fabozzi

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION JOSEPH FABOZZI, on behalf of himself and ) ) those similarly situated, ) ) Plaintiff, ) ) vs. ) ) STUBHUB, INC. and THE PHILLIES, L.P., ) ) Defendants. ) ) Case No.: 11-cv-4385 (LB) AMENDED CLASS ACTION COMPLAINT

DEMAND FOR JURY TRIAL

The Plaintiff, by and through his undersigned attorneys, alleges upon knowledge as to himself and his own acts, and as to all other matters upon information and belief, and brings this Amended Complaint against the above-named Defendants, and in support thereof alleges the

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following: PRELIMINARY STATEMENT 1. This class action seeks relief for Defendants violation of Title 4, Chapter 8 of

Pennsylvanias Statutes, 4 P.S. 201, et seq. (Chapter 8) governing the Resale of Tickets and California Business and Professions Code 17200 et seq. (the UCL). AMENDED CLASS ACTION COMPLAINT - 1 The Defendant,

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StubHub Inc., maintains a website that allows purchasers to acquire tickets to Philadelphia Phillies (the Phillies) baseball games at Citizens Bank Park (CBP) that it prints without the established price (i.e., face value) or the maximum premium (i.e., their maximum price) on them and allows unlicensed ticket resellers to anonymously sell those tickets for more than the maximum premium to Phillies games without disclosing the established price of the ticket, the maximum premium or the identity of the seller at the time of sale. Moreover, StubHub reissues tickets to Phillies games without printing the established price or the maximum premium on each ticket. 2. The Plaintiff asserts that the Defendants activities related to the sale of reissued

tickets and the resale of tickets to Phillies games on the secondary ticket market are prohibited by Chapter 8 and the UCL. JURISDICTION

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3.

Diversity subject matter jurisdiction exists over this class-action pursuant to the

Class Action Fairness Act of 2005, Pub. L. No. 109-2,119 Stat. 4 (CAFA), amending 28 USC 1332, at new subsection (d), conferring federal jurisdiction over class actions involving (a) 100 or more members in the proposed Class; (b) at least some members of the proposed class have different citizenship from some Defendants and (c) the claims of the proposed class members exceed the sum or value five million dollars ($5,000,000) in the aggregate. 28 U.S.C. 1332(d)(2) and (6). The Court has supplemental jurisdiction over the state law claims pursuant to 28 U.S.C. 1367. 4. Venue in this District is proper in that the Defendants transact business here and

the conduct complained of occurred here.

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PARTIES 5. 6. The Plaintiff, Joseph Fabozzi, is a citizen of New Jersey. The Defendant, StubHub, Inc. (StubHub), is a Delaware corporation.

StubHubs principal place of business is located at 199 Fremont Street, 4th Floor, San Francisco, California 94105. 7. The Defendant, The Phillies, L.P. (the Phillies), is a limited partnership with a

principal place of business located at Citizens Bank Park, 1 Citizens Bank Way, Philadelphia PA 19148.

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FACTUAL ALLEGATIONS 8. StubHub is an online marketplace for the resale of sporting events (including

Phillies games at CBP), concert, and theater tickets. In addition, as alleged in more detail below, StubHub issues or reissues modified tickets to Phillies games at CBP in that the tickets issued or reissued by StubHub do not include the established price or the maximum premium on the face of the tickets. 9. The Phillies own and operate the Philadelphia Phillies baseball team and operate

CBP, and sell tickets for admission to Phillies games at CBP. CBP is a Place of Amusement within the meaning of 4 P.S. 201(7). The Phillies own, operate, or control CBP, and therefore the Phillies are an owner of a Place of Amusement within the meaning of 4 P.S. 201(6). 10. The Phillies issue and sell tickets, and authorized StubHub to reissue and resell

tickets to Phillies games at CBP for an admission price. The Phillies are required by 4 P.S. 211 to print the established price on the face of every ticket to be so used to attend a Phillies game at CBP.

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11.

4 P.S. 201(4) defines the term Established Price as [t]he price by the owner

of any place of amusement for admission thereto, which must be stamped, printed or written on each ticket of admission. 12. Additionally, 4 P.S. 211 states that the owner of every place of amusement must

print the maximum premium on each ticket, which shall not exceed twenty-five percent (25%) of the price of the ticket or the sum of five dollars ($5.00), whichever shall be more 13. Based upon information and belief, the Phillies sell tickets to Phillies games

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through Ticketmaster Entertainment, Inc. (Ticketmaster) as its exclusive primary ticket agent for the sale of all original tickets to Phillies games at CBP issued by the Phillies. Tickets to Phillies games sold by the Phillies through their online box office are issued and distributed to customers by Ticketmaster. All tickets to Phillies games at CBP issued by Ticketmaster are printed with the established price and the maximum premium on the ticket.

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14.

In addition to the tickets issued and distributed by Ticketmaster, certain tickets to

Phillies games at CBP sold by the Phillies through its online box office are, in fact, issued and distributed to customers by StubHub, as alleged in more detail below. Unlike the tickets to Phillies games at CBP issued by Ticketmaster, tickets to Phillies games at CBP issued by StubHub are printed without the established price or the maximum premium on the ticket, as alleged in detail below. 15. All tickets to Phillies games at CBP are identified by a unique barcode. When a

person presents a ticket for entry to a Phillies game at CBP, the ticket-taker scans the barcode to determine whether the ticket is: (a) valid; and (b) has not been cancelled, voided, or replaced. Based upon information and belief, the ticket-taker does not otherwise scan or examine the ticket, such that the barcode is the basis for entry into CBP for Phillies games. Furthermore,

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based upon information and belief, the ticket taker does not examine the ticket to determine whether the established price or the maximum premium is printed on the ticket and, so long as the barcode is readable, the ticket-taker will permit the ticketholder entry into CBP without looking to see whether the established price or the maximum premium is printed on the ticket. 16. Based upon information and belief, in 2007, StubHub, the Phillies, and Major

League Baseball (MLB) entered into a written agreement pursuant to which, inter alia, StubHub was expressly authorized to act as the exclusive secondary ticket reseller for MLB and

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the Phillies.

The written agreement between StubHub, MLB and the Phillies expressly

authorized StubHub to cancel original tickets and re-issue tickets to Phillies games. 17. Based upon information and belief, as a result of its written agreement with MLB

and the Phillies, to facilitate same-day or short-term sales of tickets to Phillies games at CBP, StubHub is expressly authorized to cancel the barcode on any original paper ticket to the game

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issued by Ticketmaster, thus invalidating that ticket, and reissue the ticket electronically (although printable) on the secondary market with a different barcode. 18. By providing a same-day or short term market for the sale of electronic tickets

through StubHubs internet website, and thus creating a market on which purchasers of such tickets could sell tickets that would otherwise be unused (and therefore wasted) to others such as Plaintiff, the Phillies stimulated demand for the original sale of tickets to Phillies games at CBP. 19. The written agreement between StubHub, the Phillies, and MLB manifests

consent by the Phillies that StubHub would act on its behalf and under its control in: (a) cancelling previously-issued tickets to Phillies games at CBP; and (b) re-issuing tickets to Phillies games at CBP with a different barcode, but without the established price or the maximum premium printed on the face of the re-issued tickets.

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20.

Because the barcode must be recognized as valid by ticket-takers at CBP to

permit the admission of the holder of the ticket, the Phillies control the issuance and re-issuance of all tickets to Phillies games at CBP by Ticketmaster with a valid barcode on them. Based upon information and belief, Ticketmaster1 and StubHub are the only two companies authorized to cancel tickets to Phillies games at CBP and reissue those tickets with a different, valid barcode on them. 21. The established price and maximum premium requirement of P.S. 211

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applies to each such ticket issued and sold by the Phillies through Ticketmaster, as well as to each such ticket reissued or resold by StubHub pursuant to its authority from the Phillies under the written agreement between StubHub, the Phillies, and MLB. 22. However, the Phillies expressly agreed that StubHub could and would omit the

established price and the maximum premium from the tickets to Phillies games at CBP that StubHub issued or reissued pursuant to its written agreement with MLB and the Phillies. Pennsylvania Law Regarding Tickets to Places of Amusement Located in Pennsylvania. 23. A ticket is defined in 4 P.S. 201(11) as any evidence of the right of entry to

any amusement or place of amusement for admission to which a price is charged. 24. Place of Amusement is defined in 4 P.S. 201(7) as:

Any place indoors or outdoors where the general public or a limited or selected number thereof upon payment of an established price attend or engage in any amusement as herein defined, including among others theatres, opera houses, moving picture houses, amusement parks, stadiums, arenas, baseball parks, skating rinks, circus or carnival tents or grounds, fair grounds, social, sporting, athletic, riding, gun and country clubs, riding academies, golf courses, bathing and swimming places, dance halls, tennis courts, archery, rifle or shotgun ranges, roof gardens, cabarets, nightclubs and other like places. Ticketmasters wholly-owned subsidiary, TNOW Entertainment Group, Inc. operates the URL TicketsNow.com which operates an online marketplace for the resale of tickets. It should be noted that TicketsNow does print the Established Price on each reissued ticket. AMENDED CLASS ACTION COMPLAINT - 6

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25.

Resale is defined in 4 P.S. 201(10) as [t]he act of selling any ticket of

admission by one party to another after an original sale to a party by an owner or an agent of an owner. 26. 4 P.S. 202(a) requires all persons who purchase with intent to resell or engage

in or continue in the business of reselling any ticket of admission at a price higher than the marked ticket price fixed by the owners to procure a license to resell tickets. 27. 4 P.S. 209(c) contains certain exemptions for a reseller that uses the Internet

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to resell tickets if the operator of that internet website has a physical presence and physical street address in Pennsylvania and clearly and conspicuously posts that address on the Internet website. 28. In particular, because StubHub actively engages in the sale or resale of reissued

tickets in altered form to Phillies games at CBP, which it actively issues with a new barcode but without printing the established price on the face of the tickets after cancelling the barcode on

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the original ticket, pursuant to its express authority from MLB and the Phillies, StubHub is a ticket reseller and is required to be licensed under 4 P.S. 202(a). 29. Moreover, StubHub does not qualify for the exemption contained in 4 P.S.

202(c) because StubHub does not maintain a business presence and physical street address within Pennsylvania which is clearly and conspicuously posted on StubHubs website and does not have a foreign business license or a certificate of authority issued by the Pennsylvania Department of State. 30. Based upon information and belief, operators of secondary ticket websites such as

StubHub have seen their revenues explode as they were able to provide a platform to allow unlicensed ticket resellers to anonymously sell tickets without complying with any of Chapter 8s requirements.

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Effect of Defendants Violations On Market for Phillies Tickets. 31. The supply of tickets to Phillies games at CBP is finite. It is the total number of

seats at CBP (a fixed number) multiplied by the number of Phillies games played at CBP (also a fixed number of 81 games per year) plus, in certain years, the number of playoff games played at CBP (which is a finite number). Thus, unlike the suppliers of other goods or services, who can raise output and increase the supply of their goods or services, the Phillies cannot add ticket sales by increasing output.

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32.

Thus, the Phillies can increase revenue from the sale of tickets to Phillies games

at CBP only by: (a) selling every available ticket; or (b) increasing the price of each ticket sold. 33. To stimulate demand for tickets to Phillies games at CBP, and thus increase the

number of tickets sold and maximize the prices paid for those tickets, the Phillies entered into the agreement with MLB and StubHub to create a market on which purchasers of tickets to Phillies

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games at CBP can re-sell those tickets. 34. The Plaintiff believes that after reasonable opportunity for investigation and

discovery, the evidence will show that many purchasers on the website operated by StubHub are repeat purchasers, meaning that they have previously purchased tickets through that website. 35. The Plaintiff also believes that after reasonable opportunity for investigation and

discovery, the evidence will show that the information provided to repeat purchasers on StubHubs website is valuable to the repeat purchasers, in that their willingness to return to the website operated by StubHub and buy additional tickets will be affected by the information provided to them in prior sales. 36. The Plaintiff also believes that after reasonable opportunity for investigation and

discovery, the evidence will show that purchasers on the website operated by StubHub would be

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less inclined to return to the website and purchase additional tickets if the established price printed on the face of the ticket was below the price charged on the website or if the price charged on the website was greater than the maximum premium. Thus, by printing reissued or resold tickets to Phillies games at CBP without the established price or maximum premium printed on the tickets, as required by 4 P.S. 211, StubHub increased the demand for such tickets purchased on its website. 37. StubHub benefits from an increase in the demand for tickets purchased on its

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website because it receives a 10% commission from the buyer and a 15% commission from the seller for each ticket sold on its website based on the price of the tickets. Thus, StubHub has a direct economic interest in maximizing the demand and price for tickets to Phillies games at CBP that are reissued or resold through its website. 38. The Phillies also benefit from an increase in the demand for tickets purchased on

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StubHubs website. As alleged above, the Phillies can and does sell more tickets to Phillies games at CBP because ticket brokers and other purchasers of such tickets have a market on which to re-sell those tickets. Thus, the Phillies have an economic interest in the sale of tickets through StubHubs website. 39. By authorizing StubHub to cancel and reissue tickets with a different barcode for

same-day or short-term purchases, the Phillies advanced its own economic interest in the sale of tickets to Phillies games at CBP. 40. Moreover, the Phillies and StubHub derive common and shared economic

benefits, as alleged above, from StubHubs ability to cancel and reissue tickets with a different barcode for same-day or short-term purchases. Both the Phillies and StubHub benefit from the creation of a market for same-day or short-term purchases of tickets to Phillies games at CBP,

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they have entered into an express agreement to permit and facilitate such same-day or short-term sales through StubHubs website, and they have acted with a common purpose in selling tickets in that manner. 41. Thus, the Phillies and StubHub are joint venturers in the sale or re-sale of reissued

tickets to Phillies games at CBP with a different barcode for same-day or short-term purchases on StubHubs website as alleged herein. 42. Under 4 P.S. 202(a), every person who resells tickets to a place of amusement at

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a price higher than the established price must be licensed as a reseller. 43. By virtue of its extensive acts in cancelling and reissuing tickets to Phillies

games at CBP with a different barcode but without the established price or maximum premium printed on the face of the tickets pursuant to express written authority from the Phillies and MLB as alleged above, StubHub is engaged in the business of reselling tickets to

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Phillies games and must be licensed pursuant to 4 P.S. 202(a). Plaintiff Purchases Tickets to a Phillies Game. 44. On or about May 3, 2011, the Plaintiff purchased two tickets to the May 4, 2011,

Phillies game between the Phillies and the Washington Nationals at CBP through the Phillies website. 45. The Plaintiff went to the URL Phillies.com and through a hyperlink was led to the

URL StubHub.com. 46. At the time that the Plaintiff sought to purchase the Phillies tickets, he was

unaware that Ticketmaster was the Phillies exclusive primary ticket seller and StubHub was the Phillies exclusive secondary ticket reseller. Therefore, at the time the Plaintiff sought to

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purchase the Phillies tickets, he was unaware that using StubHubs website necessarily meant that he would be purchasing tickets on the secondary market. 47. The Plaintiff ultimately purchased the tickets from an unknown seller for the Hall

of Fame Club, Section 212, Row 1 and paid $75 for each ticket (the Tickets). In addition, the Plaintiff paid a service fee of $15 and a eDelivery service fee of $5.20. 48. 49. In total, the Plaintiff paid $170.20 for the Tickets. The electronic Tickets the Plaintiff received from StubHub did not disclose the

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established price or the maximum premium as required by 4 P.S. 211. 50. StubHubs website did not conspicuously display the price list for the tickets

purchased by Plaintiff and did not provide Plaintiff with a hyperlink to such a price list. 51. In fact, the Phillies website states that the established price for tickets in the

Hall of Fame Club for individual games is N/A and the Season Price is also N/A. 52. The Plaintiff did not know the established price or the maximum premium for the

Tickets, and he would not have purchased such Tickets, or would not have done so at the price he paid, had he known the established price when he purchased the Tickets. CLASS ALLEGATIONS 53. The Plaintiff brings this action as a class action on behalf of himself and all others

similarly situated for the purpose of asserting the claims alleged in this Complaint on a common basis. The Plaintiffs proposed class (hereinafter the Class) is defined under Federal Rules of Civil Procedure (Fed. R. Civ. P.) 23(b)(2) and (3), and he proposes to act as a representative of the following class comprised of: All persons, exclusive of the Defendants and their employees, who purchased tickets to a Philadelphia Phillies game on StubHub.com from May 3, 2007 through such time in the future when the effects of the Defendants violation of Chapter 8 and the UCL, as alleged herein have ceased. AMENDED CLASS ACTION COMPLAINT - 11

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54.

The Plaintiffs proposed subclass (hereinafter the Subclass) is defined under

Fed. R. Civ. P. 23(b)(2) and (3), and he proposes to act as a representative of the following Subclass comprised of: All persons, exclusive of the Defendants and their employees, who purchased tickets to a Philadelphia Phillies game on StubHub.com and who received the tickets electronically from May 3, 2007 through such time in the future when the effects of the Defendants violation of Chapter 8 and the UCL, as alleged herein have ceased. 55. The Plaintiff does not presently know the identities of members of the proposed

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Class or Subclass or the exact size of the Class or Subclass, since such information is in the exclusive control of the Defendants. The Plaintiff believes that the Class and Subclass

encompass millions of individuals whose identities can be readily ascertained from StubHubs books and records. Thus, the proposed Class and Subclass are readily identifiable and are so numerous that joinder of all members is impracticable.

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56.

Based on the Defendants revenue, the Plaintiff believes the amount in

controversy exceeds $5 million. 57. same conduct. 58. 59. The claims are based on the same violations of Chapter 8 and the UCL. There are questions of law and fact that are common to the Class and the Subclass All members of the Class and Subclass have been subject to and affected by the

and predominate over any questions affecting only individual members of the Class and Subclass. These questions include, but are not limited to the following: a) Whether StubHub is authorized by the Phillies to cancel the barcode on tickets to Phillies games at CBP and sell or resell tickets to Phillies games at CBP with a different barcode and without the established price or the maximum premium printed on the face of such tickets;

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b) Whether StubHub acted as the agent for the Phillies in the cancellation of the barcode on tickets to Phillies games at CBP and the reissuance of tickets to Phillies games at CBP with a different barcode and without the established price or the maximum premium printed on the face of such tickets; c) Whether StubHub and the Phillies are joint venturers in the cancellation of the barcode on tickets to Phillies games at CBP and the reissuance of tickets to Phillies games at CBP with a different barcode and without the established price or the maximum premium printed on the face of such tickets; d) Whether the Phillies and StubHub violated 4 P.S. 211 by selling reissued tickets to Phillies games at CBP without the established price or the maximum premium printed on the face of such tickets; e) Whether StubHub is required to be licensed as a ticket reseller under 4 P.S. 202(a); f) Whether StubHub conspicuously displayed a price list showing the established prices for tickets to Phillies games at CBP on its website as required by 4 P.S. 210(c); g) Whether StubHub intentionally aides the sale of tickets to Phillies games at CBP by unlicensed ticket resellers; h) Whether StubHub and/or the Phillies conduct described herein constitutes an unlawful act or a deceptive act and practice in violation of the UCL; and i) Whether the Plaintiff and the other members of the Class and of the Subclass have been harmed by Defendants acts alleged herein and, if so, what measure of damages is proper. 60. The claims of the individual named Plaintiff are typical of the claims of the Class

and Subclass and do not conflict with the interests of any other members of the class in that both the Plaintiff and the other members of the Class and Subclass were subjected to the same conduct. 61. The individual named Plaintiff will fairly and adequately represent the interests of

the Class and the Subclass. He is committed to the vigorous prosecution of the Class and the Subclass claims and has retained attorneys who are qualified to pursue this litigation and have experience in class actions in particular, consumer protection actions. AMENDED CLASS ACTION COMPLAINT - 13

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62.

A class action is superior to other methods for the fast and efficient adjudication

of this controversy. A class action regarding the issues in this case does not create any problems of manageability. COUNT I (VIOLATION OF CHAPTER 8) (against StubHub and the Phillies) 63. 64. The Plaintiff restates and reiterates herein all previous paragraphs. 4 P.S. 211 titled Printing Prices on tickets provides:

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The owner of every place of amusement shall, if a price be charged for admission thereto, cause to be plainly stamped or printed or written on the face of every ticket to be so used, the established price. 65. 4 P.S. 202(a) requires all persons and entities engaged in the business of

reselling tickets to places of entertainment located in Pennsylvania to be licensed. 66. 4 P.S. 210(c) requires a licensee to conspicuously display a price list showing

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the established price and the price being charged by such licensee for every type of ticket which his is reselling. 67. 68. Chapter 8 makes it unlawful to violate any of the provisions of Chapter 8. The Tickets Plaintiff purchased were reissued by StubHub and sold or resold on

StubHubs website pursuant to its authority to do so from the Phillies and MLB. However, the Tickets did not have the established price or the maximum premium printed or endorsed on the face of the Tickets in violation of 4 P.S. 211. 69. Based upon information and belief, although the established price and the

maximum premium for the tickets that StubHub cancelled was printed on the face of those tickets, as required by 4 P.S. 211, StubHub intentionally omitted the established price and the

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maximum premium for the tickets it re-issued to Plaintiff through its website pursuant to its agreement with the Phillies. 70. Based upon information and belief, StubHub and the Phillies agreed that, pursuant

to the authority the Phillies conferred upon it, StubHub could and would reissue tickets to Phillies games at CBP electronically without printing the established price or the maximum premium on the face of the tickets despite the requirement under 4 P.S. 211 that each such ticket have the established price and the maximum premium printed on the face of the ticket.

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71.

As a result of the Defendants conduct, members of the Class have been injured as

alleged herein in amounts to be proven at trial because they were forced to pay higher ticket prices to Phillies games. 72. As a result of the Defendants conduct, members of the Class have been injured

because they are not provided with the information required pursuant to Chapter 8 such as the
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established price or the maximum premium of the ticket or the identity of licensed or unlicensed sellers. COUNT II (VIOLATION OF UCL) (against StubHub and the Phillies) 73. 74. practice. 75. The conduct of StubHub and the Phillies alleged herein violates the UCL, in that The Plaintiff restates and reiterates herein all previous paragraphs. Californias UCL prohibits any unlawful, unfair or fraudulent business act or

the issuance or reissuance of tickets to Phillies games at CBP without the established price or the maximum premium printed on the face of the tickets is inherently deceptive and misleading in a material respect.

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76.

The conduct of StubHub and the Phillies alleged herein violates the UCL, in that

the issuance or reissuance of tickets to Phillies games at CBP without the established price or the maximum premium printed on the face of the tickets is unlawful. 77. The conduct of StubHub and the Phillies alleged herein violates the UCL, in that

the failure to provide a price list showing the established price for tickets to Phillies games at CBP on StubHubs website or a hyperlink to such information is inherently deceptive and misleading in a material respect.

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78.

The conduct of StubHub and the Phillies alleged herein violates the UCL, in that

the failure to provide a price list showing the established price for tickets to Phillies games at CBP on StubHubs website or a hyperlink to such information is unlawful. 79. The conduct of StubHub and the Phillies alleged herein is deceptive and

misleading in a material respect and was directed at the public at large.

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80.

The Defendants acts and practices described above are likely to mislead a

reasonable consumer acting reasonably under the circumstances. 81. 82. The Defendants acts and practices described above are unlawful. As a result of the Defendants unlawful acts and deceptive and misleading acts,

members of the Class have been injured because they are forced to pay higher ticket prices to Phillies games and members of the Class and Subclass are not provided with the information required pursuant to Chapter 8 such as the established price or the maximum premium of the ticket or the identity of the seller. 83. Because the Defendants conduct described above is prohibited by Chapter 8, the

Defendants conduct is a per se violation of the UCL.

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84.

As a result of the Defendants conduct, members of the Class have been injured as

alleged herein in amounts to be proven at trial because they were forced to pay higher ticket prices to Phillies games. 85. As a result, the Plaintiff and the other members of the Class and Subclass are

entitled to maintain an action against StubHub and the Phillies for actual or statutory damages, attorneys fees, costs as well as injunctive relief. WHEREFORE, the Plaintiff respectfully requests that the court enter judgment against

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the Defendants, jointly or individually, as follows: a. Permanently enjoin StubHub from reselling tickets to Phillies games on the secondary market without disclosing the identity of the seller at the time of the sale; Permanently enjoin StubHub from reselling tickets to Phillies games on the secondary market without disclosing the established price of the tickets at the time of the sale; Permanently enjoin StubHub from reselling tickets to Phillies games on the secondary market without printing the established price and the maximum premium of the tickets on the tickets that are reissued electronically; Ordering StubHub to adequately disclose the identity of each seller of Phillies tickets prior to the consummation of the sale on the secondary market; Ordering StubHub to adequately disclose the established price of each Phillies ticket prior to the consummation of the sale on the secondary market; Ordering Defendants to print or endorse on the face of each ticket sold to a Phillies game, the established price and the maximum premium of each ticket sold on the secondary market; Awarding the Plaintiff and the Class statutory, actual and punitive damages for injuries caused by the Defendants unlawful acts and deceptive acts and practices; Awarding the Plaintiff and the Class reasonable attorneys fees and costs; and

b.

c.

d.
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e.

f.

g.

h.

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i.

Granting such other and further relief as the Court may deem just and proper. DEMAND FOR TRIAL BY JURY

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, the Plaintiff hereby demands a trial by jury.

Dated: September 14, 2011

Respectfully submitted, RANDALL S. NEWMAN, P.C. By: s/ Randall S. Newman Randall S. Newman, Esq. (Cal. Bar No. 190547) 37 Wall Street, PH D New York, NY 10005 Tel: (212) 797-3737 rsn@randallnewman.net Attorney for Plaintiff, Joseph Fabozzi

AMENDED CLASS ACTION COMPLAINT - 18