Originally published in Blabbermouth.net · September 2011
There Is No Pending Lawsuit Between Mike Portnoy And Dream Theater
September 20, 2011
ArticleMike Portnoy2 min read
Ronald S. Beinstock, an attorney for progressive metal giants Dream Theater, has contacted blabbermouth.net to make it clear that there is currently “no pending litigation” between the current members of Dream Theater and the band’s former drummer, Mike Portnoy.
Courthouse News Service reported on April 28 that Portnoy filed a document listing his former bandmates as defendants in which he claimed that they “wrongfully excluded” him from the group and were “wrongfully using the name of the band in connection with [their] recording of an album without the participation or consent of [Portnoy].” In addition, the document alleged that the defendants John Petrucci (guitar), John Myung (bass), Jordan Rudess (keyboards), James LaBrie (vocals), along with associated companies Ytse Jam, Inc. and Infinity Tours, Inc. were “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].”
In a letter to blabbermouth.net dated earlier today (Tuesday, September 20) 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 earlier today, Portnoy commented, “I did NOT sue them [referring to the current members of Dream Theater. Ed.] ....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 lawyers...so 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 ago....so 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.”