Bunch v. Swalinkavich

Filing 14

ORDER STAYING PROCEEDINGS AND ADMINSTRATIVELY CLOSING CASE entered: GRANTING 13 MOTION to Stay Proceedings. Case terminated on 12/12/14.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
TOM BUNCH,
Plaintiff,
VS.
MATTHEW SWALINKAVICH,
Defendant.

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CIVIL ACTION NO. H-14-1570

ORDER STAYING PROCEEDINGS AND ADMINISTRATIVELY CLOSING CASE
The defendant, Matthew Swalinkavich pka Makana, filed a motion to stay proceedings and
administratively close this case. (Docket Entry No. 13). The parties’ dispute arises from their
Exclusive Management Agreement, under which Bunch agreed to provide professional talent
management services to Makana in return for commissions on Makana’s performance engagements
and other talent-related earnings. Bunch claims that he is owed unpaid commissions. Makana
alleges that he terminated the Management Agreement, ending his obligation to pay Bunch.
Makana filed a petition to determine controversy with the California Labor Commission,
alleging violations of the California Talent Agency Act. Makana seeks an order from the California
Labor Commission that the Management Agreement is void and unenforceable. Makana asks this
court to stay and administratively close this case pending the California Labor Commissioner’s
decision on whether the Management Agreement is void. No opposition has been filed. The motion
is granted. This case is stayed and administratively closed. Either party may move to reinstate the
case to the court’s active docket, provided that the motion to reinstate is filed within 14 days after
the California Labor Commission issues its ruling.
SIGNED on December 12, 2014, at Houston, Texas.
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Lee H. Rosenthal
United States District Judge