Daniel Jung has asked a US court to reconsider its refusal to classify his lawsuit regarding the collapse of Fyre Festival as class-action litigation.
New York Federal Judge P Kevin Castle, who is overseeing the case, said that he was concerned Jung would not be able to “adequately monitor and direct counsel” as the plaintiff is currently living in the Netherlands.
Jung was one of various ticket-holders to launch legal action against the Fyre Festival company and its owner Billy McFarland, seeking compensation for monies spent on tickets, travel and accommodation following the collapse of the event in April 2017.
However, he has not given up hope of changing the court’s mind on the status of his lawsuit, having insisted in a new filing that whilst he currently resides in the Netherlands, he is keen to return to the US following the COVID-19 pandemic.
He has also claimed he has been in appropriate, regular contact with counsel.
If the judge remains unconvinced, the lawyers leading the case have asked if the lead plaintiff can be changed to another ticket-buyer who would comply with the requirements for a class-action lawsuit.
Jung and his legal team claim in the suit that he and other customers were “lured to a deserted island and left to fend for themselves” for the event in the Bahamas.