Wednesday, September 21, 2011

Dream Theater’s lawyer says no pending litigation by Mike Portnoy

There’s been an interesting development in the story of Mike Portnoy’s legal papers, filed this past spring, against his former band Dream Theater.

Rock news site Blabbermouth reports they were contacted by Dream Theater’s lawyer, Ronald S. Beinstock, to make it clear that there is currently "no pending litigation" between the current members of the band and Portnoy.

Courthouse News Service reported Portnoy filed papers against his former bandmates in April claiming that they “wrongfully excluded” him from the group and continue to “wrongfully using the name of the band in connection with [their] recording of an album without the participation or consent of [Portnoy].” The documents further allege that Dream Theater “are wrongfully using the name of the band in connection with the promotion of live performances by the individual defendants, without the participation or consent of [Portnoy].”

The April 27 filing names the Defendants as John Petrucci (guitar), John Myung (bass), Jordan Rudess (keyboards), James LaBrie (vocals), along with associated companies Ytse Jam, Inc. and Infinity Tours, Inc.

In a letter to Blabbermouth dated Tuesday, Bienstock wrote, "On or around April 27, 2011, Mr. Portnoy filed a 'Notice With Summons.' This document is not a formal complaint. Further, the document was never served on any of the named defendants, rendering it moot. There is no pending litigation between Dream Theater and Mr. Portnoy.

Writing on his official forum, Portnoy commented, "I did NOT sue them....and second of all, I DESPERATELY tried to discuss matters with them personally to avoid ANYTHING LIKE THIS and yet THEY insisted on only using my lawyers filed those papers (BACK IN APRIL, mind you) as that was the position they chose to take...if the band would've talked to me, it would've NEVER come to that!!!

"All that aside, this was 6 months yes indeed, we have all moved on since then...I'm still really not allowed to discuss any of this publicly, but I feel everybody's hasty and half-truth filled witchhunt yesterday deserves to be addressed to help at least try to clear my name and reputation that was so wrongly tainted by yesterday's false conclusions...

"The fact is, when you have a band (or a corporation or marriage) for 25 years, there are business and financial things that need to be sorted out behind the scenes...however, it was incredibly LAME of Blabbermouth to exploit these private issues and divulge personal information that is clearly nobody's business other than our own. They are creating hate and negative propaganda and poisoning the minds and spirits of music fans around the world...shame on them."

Hmm…interesting stance by Portnoy – now it’s the media’s fault, somehow?

He admits papers were filed, so an action was taken, regardless of how he – or DT’s lawyer - wants to spin it now. We all know lawyers choose their language carefully – DT’s lawyer also confirmed papers were filed - so this event did factually happen.

Why Portnoy paid a lawyer good money to file papers with no intention of following through seems odd, on the surface, but maybe that’s a normal course of action as part of the legal process.

Dream Theater Dream Theater

Dream Theater – Caught In A Web
Crocus City Hall – Moscow, Russia – July 12, 2011

See also:

Mike Portnoy sued Dream Theater after he left group
VIDEO: Dream Theater – On The Backs Of Angels
Dream Theater announce European tour
Dream Theater: New song previews continue
Dream Theater preview another new song
VIDEO: Dream Theater discuss new album track by track
Dream Theater: Live At Budokan goes Blu-ray this fall
Dream Theater: New song preview
VIDEO: Dream Theater - new Mike Mangini interview
Dream Theater: New song preview
Dream Theater: Preview of another new song available
Dream Theater add more US dates
New Dream Theater painful for Portnoy
Hear sample of new Dream Theater song
Dream Theater announce North American tour
Preview new Dream Theater deluxe package
Dream Theater issue first single from upcoming album