Mojoe Productions sues Ranch Jam organizers

Mojoe Productions owner Greg Herndon remembered vividly when a Charlie Daniels concert he was promoting in February 2010, at Sertoma Youth Ranch in Brooksville, went awry.

With rainy weather and a fluke 17-degree temperature, the show proved a bust, forcing him to take out a loan to pay off his vendors and employees.

He paid the loan off in November 2015.

“I did the right thing. I borrowed money and I paid my people,” he said.

The East County resident said the principals of Ranch Jam LLC should do the same. On Dec. 18, 2015, Herndon filed a lawsuit against them, on the premise of fraud, in Manatee County Circuit Court.

Ranch Jam LLC hosted a multi-day festival featuring bands such as Alabama and The Guess Who in March 2015 at a site across from Hunsader Farms on County Road 675.

But its success relied on ticket sales, and the crowd of 20,000 organizers anticipated was more like 1,000.

Ranch Jam LLC left the majority of vendors unpaid, with more than $100,000, collectively, in expenses outstanding.

It owed Mojoe Productions $69,900.

“I’ve paid some of my people what I could. Right now, I’m in the high $30,000s I’ve paid out of my own pocket,” Herndon said of costs for staging, lighting and the production crew staff for the event. “I tried to give Ranch Jam LLC some time to see what they did. It wasn’t my first choice to (sue).”

The defendants have filed motions to dismiss the case. Those motions will be heard by a Manatee County Circuit Court judge March 29, but Herndon and his attorney, Peter Mackey, said their case will advance.

“It’s a stall tactic,” Mackey said of the motion.

Herndon filed his lawsuit against the limited liability company in December, but is targeting its principals, all local businessmen — David Wilcox, an attorney; Tim Revell, owner of an air-conditioning company; and Del Couch, a local musician. Ranch Jam was created under the heading of their company, Emerging Artists, which filed with the state for dissolution in September 2015. Herndon called them “pillars of the community” because of their reputations prior to the event.

The lawsuit also names Cyndee Boelkins, of Southern Star Productions, who served as the talent agent. Although she coordinated logistics for the event, she said in an interview with the East County Observer March last year, that she was not the event’s promoter.

Wilcox, who is representing himself and Revell, and attorneys for Couch and Boelkins did not return inquiries for comment by press time.

In a May 2015 interview, Wilcox told the East County Observer the Ranch Jam event was “colossally unsuccessful” and did not generate enough revenue to pay vendors. His office, which represented the Ranch Jam entity, sent creditors a letter stating: “Ranch Jam 2015 was not a success … As a result, no funds are available to be distributed to Ranch Jam creditors … The organizers of Ranch Jam 2015 share your disappointment as they have lost the hundreds of thousands of dollars they committed to the project.”

Herndon and Mackey said their case is strong.

“There are exceptions to the corporate shield,” Mackey said. “We believe the three principals intentionally defrauded Greg. We believe they never had the money and they never had the means to pay my client. Our goal is to make them pay.”

The March 29 hearing will determine what happens next in the lawsuit. If dismissed, the case is over. But if not, Herndon hopes to get a jury trial.

A ruling in favor of Mojoe Productions means Ranch Jam will be required to pay, Mackey said. If nonpayment continues, he can use the court system to require payment through liens and the acquisitions of assets, for example.

Linger Lodge Restaurant, which provided catering for the festival, was awarded $5,000 in small claims court in August, but General Manager David LaRusso said it still hasn’t been paid. He doesn’t expect to take further action for compensation and called the situation unfortunate.

“At this point, we’re chasing bad dollars with good dollars,” he said. “At some point, you have to cut your losses.”

The Manatee County Sheriff’s Office also has filed suit for the payment of off-duty deputies for security in the amount of $4,916.25. The case remains open.