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...
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...
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."
In an August 2011 interview with the Greek edition of Rock Hard magazine, Portnoy stated about his departure from DREAM THEATER, "I didn't make the decision to leave DREAM THEATER before [hooking up with] AVENGED SEVENFOLD [as their touring drummer], but I knew that something had to change in the DREAM THEATER camp. It's unfortunate that it was me that had to change, because I
never wanted to leave the band — it was never my intention; I never
wanted the split. I just merely thought that the band really could use a break, because I think the romance was really dying — backstage and
between [the members] personally. 25 years without a break is a very,
very, very long time and sometimes these relationships need a break from each other to rekindle the flame. So that's all I suggested. And even
before I [went on the road] with AVENGED SEVENFOLD, I remember touring with [the progressive rock project] TRANSATLANTIC at the beginning of 2010 and already knowing that something was wrong in the DREAM THEATER world and that I really needed a break from the guys and the whole DREAM THEATER machine. I knew something was brewing and I knew that I was unhappy,
and as has been well documented elsewhere, I merely just wanted a break. But unfortunately, those guys [the rest of DREAM THEATER] didn't see it that way and didn't respect my request for time off. It's unfortunate [that it turned out that way]."
Portnoy, who co-founded DREAM THEATER more than 20 years ago, announced his departure from the band in September 2010 while on tour with AVENGED SEVENFOLD. He has since been replaced by Mike Mangini (ANNIHILATOR, EXTREME, JAMES LABRIE, STEVE VAI).
Portnoy played on AVENGED SEVENFOLD's latest album, "Nightmare", following the death of that band's drummer, Jimmy "The Rev" Sullivan, and toured with them for the entire second half of 2010.
DREAM THEATER's new album, "A Dramatic Turn Of Events", was released on September 13 via Roadrunner Records.