Twin Cities collective, Gayngs, has successfully sued C.J. Starbuses, Inc. and it’s owner C.J. Curtsinger over a dispute which led to the band canceling their performance at the 2010 Austin City Limits Music Festival.  The lawsuit stemmed from a contractual and invoice dispute between band manager Nate Vernon and Curtsinger.

With their tour ending on Oct. 10 at ACL, Gayngs had leased the bus with the 10th as their final day of the lease. However, during the drafting of the contract C.J. Starbuses scheduled an additional week, at a total cost of $2,500.

Photo by Raymond Flotat.

That additional week of rental led Vernon to contact Curtsinger requesting an accurate invoice, which he never received.  Due to the invoice discrepancy, Gayngs never signed the lease contract for the tour bus, but Curtsinger allowed them to go along with their tour and his bus regardless.

With the ACL date looming, Curtsinger called Vernon on Oct. 9 leaving a voicemail on the band manager’s phone with worries over the late payments for the bus.  Vernon returned his call, once again requesting a corrected and accurate invoice for their rental period.

That call failed to resolve the contractual and payment dispute leading Curtsinger to recall the bus.

According to Vernon, he texted the bus driver around 3 a.m. the morning of Oct. 10 informing him that he was heading back to the hotel to sleep.  Within a half-hour Curtsinger left a voicemail on Vernon’s phone informing the band manager that the bus, along with the band’s gear and personal belongings still on the bus, were headed back to Nashville.

With less than 12 hours before their showtime, Gayngs found themselves without their essentials for the show, including Ryan Olson’s laptop which had the song arrangements for their set.  Without their arrangements and with sparse equipment lent by other performers at the festival, the band canceled their set.

The Nashville jury has awarded the band over $100,000 in compensatory and punitive damages.

“I am extremely relieved that the jury understood the turmoil, both emotionally and financially, the band has gone through as a result being forced to cancel our ACL performance, said Nate Vernon, Gayngs’ manager.