4 plaintiffs move to dismiss class action lawsuit filed after Packers/Colts Hall of Fame game canceled

CANTON, Ohio -- Four plaintiffs who filed a class action lawsuit against the National Football League, the National Football Museum Inc. and the Pro Football Hall of Fame after the August 6th Pro Football Hall of Fame game set to feature the Green Bay Packers and Indianapolis Colts was canceled just prior to kickoff have now moved to voluntarily dismiss that lawsuit. But the suit was immediately refiled in Los Angeles, by a Los Angeles County plaintiff.

The motion to dismiss the original suit was filed on August 23rd. The new class action complaint was then filed with the United States District Court Central District of California the same day.

CLICK HERE to read the suit filed in California.

The original class action suit was filed on August 11th in the United States District Court Northern District of Ohio Eastern Division.

The suit stated the plaintiffs were looking to recover damages owed to themselves and others in this situation.

The lawsuit alleged the NFL "has a history of mismanaging the stadiums where its games are held," and made reference to an incident in 2011, when, during Super Bowl XLV, ticketholders were placed in temporary seats with obstructed views, and others were delayed, relocated or completely displaced from their seats as a result of the temporary seats which were deemed unsafe. The lawsuit alleged "this conduct has continued despite the events at Super Bowl XLV."

Additionally, the lawsuit alleged the NFL "has a history of scheduling games on unsafe playing surfaces."

The Pro Football Hall of Fame game, set for Sunday, August 6th to wrap up Pro Football Hall of Fame induction weekend had to be canceled after paint congealed and hardened on portions of the field at Tom Benson Hall of Fame Stadium.

The suit alleged the NFL has previously faced problems with the turf at Tom Benson Hall of Fame Stadium -- and referenced an incident in 2015 during the Hall of Fame game when Steelers kicker Shaun Suisham suffered a career-ending injury.

According to the lawsuit, reconstruction of the stadium was not completed in time for the 2016 Hall of Fame game, and the NFL and Pro Football Hall of Fame used a "FieldTurf playing surface" from the Superdome in New Orleans. Decking was then constructed over the field for an August 5th Tim McGraw concert and the Hall of Fame induction ceremony on August 6th.

The suit alleged that in addition to the turf issues, there was insufficient seating at the stadium on game day.

When the decking was removed, according to the suit, the grounds crew applied paint to the field and soon determined it wasn't drying quickly enough. The field was then heated in an attempt to speed up the process, according to the suit. This resulted in melted rubber pellets that comprise the "FieldTurf" -- creating a slick, sticky and congealed playing surface, the suit alleged.

According to the suit, stadium workers applied a substance to try to remedy problems, but a Packers employee noticed its label warned of burns upon skin contact.

The suit alleged fans were not told of the need to cancel the game in a timely fashion.

The suit stated that as a result of the cancellation, the plaintiffs suffered damages including the out-of-pocket cost of their game tickets, lodging and travel expenses, costs associated with items purchased on game day, missed work for fans who took vacation to attend the game.

One plaintiff took two days off work to travel from Wisconsin to Canton, Ohio with his son for the game -- and purchased tickets for $82 each plus shipping. He incurred travel expenses to attend the game and made purchases after entering the stadium.

Another plaintiff, a disabled veteran, traveled to Canton from Indiana and purchased a ticket for the game. He incurred travel expenses and made purchases after entering the stadium.

A third plaintiff and his wife traveled seven hours from Wisconsin to Canton and stayed in Cleveland, Ohio. He purchased a package sold by the HOF that included tickets, and he paid $72 for parking and incurred travel expenses. He also made purchases after entering the stadium.

A fourth plaintiff and her husband drove to Canton from Virginia Beach and purchased tickets. The woman's husband is a member of the Navy and took leave specifically for the game. They incurred travel expenses and spent more than $100 on pre-game activities. After they had their tickets scanned, according to the suit, they were told their seats "had not been completed" and they had no seats. They were not provided with any alternative seats for the game, according to the suit.

Attorney Michael Avenatti, who represented ticket holders for the 2011 Super Bowl who wound up without seats in Dallas, told The Associated Press on August 9th that no fewer than 20 individuals had approached him about a class-action lawsuit. He said his firm has fielded another 10 calls about seeking further reimbursements, including travel expenses.

Avenatti said his clients were from a variety of states, including Wisconsin and Indiana, who came to see the Packers play the Colts.

Avenatti is one of the attorneys now representing the Los Angeles County plaintiff in the suit filed there on August 23rd.