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Agerbrink v. Model Service LLC

Fit Model Is an Independent Contractor, Not an Employee, of Modeling Agency

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OPINION AND ORDER

*1 Plaintiff Eva Agerbrink is a fit model. She signed a representation contract with Defendant Model Service LLC (“MSA”), but left on bad terms. Agerbrink claims that MSA misclassified her as an independent contractor when she was really an employee. She also sues for unjust enrichment because MSA withheld some of her earnings after she left. MSA counterclaims for breach of contract and tortious interference with a business relationship.Before the Court are the parties’ cross-motions for summary judgment. Both Agerbrink and MSA move for summary judgment on the employee-versus-independent-contractor issue. Agerbrink also moves for summary judgment as to MSA’s counterclaims. Finally, Agerbrink moves for summary judgment that she is entitled to $13,768.15 withheld by MSA.For the reasons that follow, the Court grants summary judgment for MSA on the misclassification issue, concluding that Agerbrink was not an employee of MSA. The Court also grants summary judgment for Agerbrink on MSA’s tortious interference counterclaim, but denies summary judgment as to MSA’s breach of contract counterclaim. Finally, the Court grants summary judgment on the withheld earnings, concluding that Agerbrink is entitled to at least $13,768.15.

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