ALBEMARLE COUNTY, Va. (WVIR) - The civil labor lawsuit alleging sexual misconduct by a former Dave Matthews Band violinist has been moved up to Federal Court and a trial date is set.

In May, James Winn accused Boyd Tinsley of creating a hostile work environment and inflicting emotional damage through sexual advances and harassment. Winn is a former trumpet player for Crystal Garden, a band which Tinsley put together and managed in 2015. Winn has since left the band.

Winn alleges Tinsley assaulted him while he was sleeping after a recording session at Tinsley’s home studio in Albemarle County.

The lawsuit was first filed in Washington State Court and a trial date is now set for September 9, 2019 in federal court in Seattle. It's scheduled to last 10 days.

Tinsley's attorneys denied all accusations in their answer to Winn's complaint, which alleged "creepy, sex-based behavior." Tinsley left DMB for "health" and "family" reasons around the same time Winn's legal team says its attempted to settle the matter outside of court.

"I applaud the brave souls like my client who have the strength to say enough against employers like Boyd Tinsley who force unwanted sex behavior as a condition of employment," said Stephanie Henderson Stocker, who is Winn's lead counsel. "Boyd cannot run from the truth for long."

Right now, attorneys are sharing evidence in the discovery phase of the case.

"We look forward to exposing his unlawful acts against Winn through voluminous supporting evidence, sexual text messages, videos, photos, emails, employment and recording contacts, payment records from Tinsley to Winn, as well as witness testimony from those who observed Mr. Tinsley's unwelcome sexual behavior towards Winn," Stocker said.

Stocker went on to say that Winn's case is not an isolated incident. She alleges that Tinsley has a history of such behavior and that victims have come forward since Winn filed his complaint.

The potential for a settlement still remains and stays on the table until the start of the trial. For now, a potential settlement conference is scheduled for May 26, 2019. Winn is seeking damages, fees, back pay, and more.


Statement from Winn's Lead Counsel, Stephanie Henderson Stocker:

"I applaud the brave souls like my client, James Winn, who have the strength to say enough against employers like Boyd Tinsley who force unwelcome sex behavior as a condition of employment.  It is disappointing that Boyd denies the claims against him.  Boyd cannot run from the truth for long.  We look forward to exposing his unlawful acts against James through voluminous supporting evidence, sexual text messages/videos/photos, emails, employment and recording contacts, payment records from Boyd to James, as well as witness testimony from those who observed Mr. Tinsley's unwelcome sexual behavior towards James.  James is not an isolated incident of Boyd's sexual harassment against young men.  Boyd has a history of such behavior - victims of which have found the courage to come forward since James filed his Complaint. 

Boyd Tinsley is now faced with a choice.  One that he can still make today.  Rather than hide behind excuses, asserting contradictory theories for his behavior since receiving our Demand Letter on Feb. 2, 2018, will he instead seize this opportunity to be an example of truth and penitence.  To turn the tide from powerful celebrities who deny accountability for their unlawful sexual acts against others, only to be brought down by the evidence against them.  Will Boyd choose instead to be an example to others by taking the more difficult path of honesty and change?  A chance to use his celebrity platform for good. Healing others - and perhaps even himself."

James Winn vs. Boyd Tinsley