DEFAULT IS NOT IN OUR STARS, BUT IN OURSELVES: Part 13 — Starstruck Swindler Sued; Civil Suit Filed on Behalf of Rick Springfield Against Michael Bacigalupo and Bay City’s State Theatre Reveals “Dishonored Check” Issued August 26, 2023 Could Result In $206,250 “Joint And Several” Judgment — Against Bacigalupo and State Theatre

“According to Michigan State Law 50.218, furnishing a check that does not have sufficient funds is a serious crime. Should you fail to remit the Balance due, our client will be entitled to exercise all legal and equitable rights and remedies available, including the right to hold you personally liable for all damages incurred as a result of your breach.”

September 6, 2023; letter to Michael Bacigalupo from William Morris Endeavor Entertainment, LLC (Agent for The Springthorpe Brothers Corp f/s/o Rick Springfield)

Boy, I bet he wishes he had Jessie’s girl.

In a civil action filed earlier this month in Bay County’s Circuit Court against Michael Bacigalupo and the State Theatre of Bay City/Bay County, attorneys for Grammy award-winning musician Rick Springfield allege an August 26, 2023 check for $68,750.00 was returned several days later for “insufficient funds”.

According to the complaint, on or about “April 18, 2023, the parties inclusive of State Theatre and Bacigalupo collectively defined as ‘Purchaser’, entered into an agreement” for Springfield to perform his “I WANT MY 80s TOUR” on August 26, 2023 in Bay City at the Wenonah Park’s World Friendship Shell.

The deal included a “flat guarantee compensation price” of $97,5000, plus reimbursements for other expenses including ground transportation, hotel accommodations and meals.

Under the terms of the agreement, a “deposit was due to Plaintiff in the amount of $48,750.00 on or before June 26, 2023.”

Bacigalupo was late with the cash; he paid the deposit “on or about” July 10, 2023.

The remaining balance was to be paid to Springfield before the start of his August 26, 2023 performance.

After the concert, “Bacigalupo endorsed a $68,750 check on behalf of the State Theatre” to Springfield.

(Note: in addition to $97,500 to Springfield, contract required $27,500 reimbursement for “artist-supplied backline and video wall”.)

On August 31, 2023, Wells Fargo bank notified Springfield’s agent, William Morris Endeavor Entertainment (“WME”), that the check written by Bacigalupo against a Huntington Bank “STATE THEATRE OF BAY CITY BAY CNTY” account had “been returned for nonsufficient funds (NSF)”.

WME’s booking agent, Noah Guthman, reached out to Bacigalupo on September 5, 2023 and requested a replacement check from the State Theatre.

Bacigalupo did not respond.

On September 7, 2023, a WME attorney sent Bacigalupo a “formal demand notice for the NSF check”.

An excerpt is shown below:

According to the complaint, Bacigalupo later responded and “claimed that there was an issue with an account of the State Theatre being breached, resulting in problems with funds being released from the account.”

(As Resident Alien’s Allen Tudyk would say, “that’s some bullshit.”)

Bacigalupo “indicated that the issue would be resolved soon”, and that he would wire the outstanding balance to WME on behalf of Springfield.

And guess what?

Nothing happened…yet.

There’s a not-so-little issue known here in Michigan as a “dishonored check”.

Who knew?

According to MCL 600.2952, “a person who makes, draws, utters, or delivers a check, draft, or order for payment to honor the check, draft, or order for lack of funds or credit to pay or because the make has no account with the drawee is liable for the amount of the dishonored check, draft, or order, plus a processing fee, civil damages and costs, as provided in [MCL 600.2952].”

In other words, the “maker” of a dishonored check who is found liable in a civil action is “liable for the amount of the dishonored check, civil damages in the amount of two times the amount of the dishonored check, and costs of $250.00.”

Attorneys representing “The Springthorpe Brothers Corp.” have requested a “judgment in its favor and against both State Theatre and Michael Bacigalupo, jointly and severely, in the amount of $206,250.00 (being the $68,750.00 amount of the check plus $132,500.00, being two times the amount of the check), together with costs of $250.00 as required by MCL600.2952, interest as the statutory rate and attorney fees.”

Although neither party has responded, Bacigalupo and the State Theatre have to file a response to the complaint by March 5, 2024.