Old Settler’s vs. Driftwood fest trial set for January, with temporary injunction
The Old Settler’s Music Festival’s lawsuit against the Driftwood Music Festival now has a trial date of January 22, 2018, with a temporary injunction preventing the Driftwood Fest from selling tickets or booking performers until after a court ruling in the case.
The injunction, filed Nov. 14 in Travis County District Court, was filed after a hearing addressed the lawsuit that was filed in mid-October. The injunction states, in part, that “the Court finds and concludes that Old Settler’s Music Festival will probably prevail on the trial of this cause.”
The injunction covers several actions. The most significant orders temporarily prohibit Driftwood from selling tickets and booking performers. Other actions covered include “implying that Driftwood Music Festival, LLC, is a continuation of a prior music festival” and “using Old Settler’s Music Festival’s confidential information and trade secrets, including but not limited to any lists or identities of volunteers or paid workers”. Both of those actions, among others, were alleged in the suit Old Settler’s filed on Oct. 17.
The injunction states that “unless Defendants are restrained from committing any of these acts, Old Settler’s Music Festival will suffer irreparable harm for which there is no remedy available at law.”
Old Settler’s was required to file a $50,000 bond with the county clerk for the injunction to take effect. That bond will revert to Old Settler’s if Old Settler’s wins the lawsuit or if the case gets settled out of court, Old Settler’s festival director Jean Spivey said Monday. She also noted via email that the Driftwood Music Festival principals “have already sent us a settlement offer and we are countering this week.”
A representative from Driftwood Music Festival said that its principals were meeting Monday afternoon and were working on a statement to address the injunction. We will update this developing story accordingly.
The injunction is the latest development in a conflict that arose over the summer after the long-running Old Settler’s Music Festival announced in August that it would be moving to a new location near Lockhart next year. In September, a website appeared for a new Driftwood Music Festival, planned for the same April 19-22, 2018, dates as Old Settler’s. Scott Marshall and Ryan Brittain, two longtime fixtures in producing the Old Settler’s Fest, had filed state paperwork creating Driftwood Music Festival, L.L.C., on July 11.
A footnote to the injunction also noted that Old Settler’s “has added a Defendant, SJG Corp, to this lawsuit” but that the injunction addresses original defendants Marshall, Brittain and the Driftwood Music Festival. SJG Corporation is a food service company that operates Salt Lick Barbecue, which owns the Salt Lick Pavilion grounds where Old Settler’s had been held for more than a decade. The Driftwood Music Festival’s plan has been to hold its festival there in the future.