Injunction allows band to rock on

David Yates Jun. 16, 2010, 2:28am

The party ended for a rock band last summer when their tour bus driver left them in Southeast Texas and took off with their equipment.

However, a permanent injunction issued by a Beaumont judge returned the band's equipment � paving the way for a new summer tour.

In July 2009, the Southeast Texas Record reported on a case filed by Los Angeles musician Mike Sarkisyan, who leased a touring bus and driver from Tourdog Entertainment and Leasing and its founder, Dave Mabry, to transport him and fellow members of the band Spineshank around the country.

Court papers show that in return for the transportation, Sarkisyan made partial payments to Tourdog and Mabry, but still owed a balance on the agreed-upon lease price.

In his suit, Sarkisyan claims Mabry seemed to be fine with the partial payments until May 29, 2009, when he refused to transport members of Spineshank any further and evicted them from the bus.

Eventually, band members were kicked off the bus at Jersey Village in Harris County, and, in spite of their pleas, Mabry refused to allow them to take their equipment, driving away with the band's livelihood.

Mabry stopped later that day in Beaumont and offloaded the items at Uncle Bob's storage facility, where the equipment laid in storage until May 14 � the day Judge Gary Sanderson issued an agreed permanent injunction and notice of non-suit.

"Based upon the agreement of the parties, and without a finding of fault or liability, the court holds the defendants Tourdog ... henceforth have no legal right to hold plaintiff's equipment," Sanderson's order states.

"Defendants ... are hereby compelled to turn over, deliver, and allow access to plaintiff's equipment. This is intended to be a final order, disposing of all issued between all parties to this lawsuit."

Sarkisyan was represented by Louisiana attorney William Hagans.

Tourdog and Mabry were represented by Christopher McKinney, attorney for the Orgain Bell & Tucker law firm in Beaumont.

Jefferson County District Court case number: B184-411

More News