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Report: TED NUGENT's Festival Lawsuit Lives On

December 30, 2004

John S. Hausman of the Muskegon Chronicle is reporting that Ted Nugent's lawsuit against Muskegon Summer Celebration for canceling his scheduled June 2003 Muskegon concert has survived another court challenge.

After a courtroom hearing Wednesday, Muskegon County Circuit Judge Timothy G. Hicks denied a defense motion to dismiss the entire case brought by Nugent against Muskegon's main summer festival.

Summer Celebration attorney Craig Noland of Grand Rapids argued that Nugent's lawyers had failed to provide information the defense demanded last June under the pretrial discovery process — despite previous court orders — and that the alleged failure justified dismissing the lawsuit.

Hicks disagreed, noting that such dismissals are rare and often overturned on appeal. Instead, he ordered Nugent's side to provide the requested information by Jan. 15. If the deadline is missed, "I will use as much creativity as the court rules allow" in deciding what to do, the judge said without elaboration.

Hicks has not yet ruled on an earlier defense "motion for summary disposition" to throw out the main claim in the lawsuit — breach of contract. Lawyers for both sides argued about it in court Dec. 13, and Hicks took the motion under advisement, meaning he would mull it over before deciding. Read more.

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