NO Pending lawsuit between Mike Portnoy and Dream Theater

[InertSolo]

I read in some old interview the other day, around the time of FII if I remember correctly. They were talking about how they all met,, or something, and  JP told the interviewer that his best friend from school used to be their keyboard player. And on Awake, Innocence Faded is loosely based on the deteriorating relationship between the two of them. So I imagine KM leaving was very hard on JP.

Now I can only assume that MP and JP were also really good friends, so when MP decided to leave maybe it brought back to JP all of the feelings when KM left. I'd imagine that he took MP's news especially hard and maybe that's why he didn't want to talk face to face with MP, and did so through his lawyer, right after the split.

[\outrightspeculation]

Pretty sure JP said he sat down and cried when he found out of MP's decision

It was Jordan who actually said that after he found out MP left the band, but I can imagine JP would have similar feelings about it as well though. You go from meeting your lifelong friend jamming on some covers in a Berklee music studio and it devolves into this.

[Perpetual Change]

Looks like a lot of people, myself included owe MP an apology. I kinda figured it wasn't as bad as it had been made out to be, but with this info putting things into perspective it truly makes a lot of sense.

This-- kinda.

I reacted pretty poorly about this yesterday (mostly off the forum just talking to friends and the like) but I do feel like I was a bit hasty in casting judgment on Mike. But in his recent "The Truth" post I still see him taking subtle jabs and the band and us fans. So, I dunno.

[AngelBack]

OK, I'm kinda new to THE DT forum and I know this is kind of off topic, but seems we may have all gotten a few extra liberties in the last few days.  So here goes.

I'm disappointed in the way the entire departure went down and I think 90 % of us have a good idea of who missed it and how things have been handled in less than a mature way.  We know who jacked it up.  And I am not defending any of those actions.  I would just like to remind some folks of the guy we all loved not so long ago and why.

MP w/ Transatlantic (cross over drumming, crowd surfing, etc....)
https://www.youtube.com/watch?v=zVUfcDWvHi0&feature=mfu_in_order&list=UL

Enjoy !!

[CodyWanKenobi]

You guys, we're all forgetting who's really to blame... that damn Avenged Sevenfold. 

The ripple affect of AX7's career on DT's lives and career is rather incredible to be honest.

Very true, but to be completely honest, I'm sure they feel bad about the whole thing. I mean, they were DT fans too, so I'm sure they feel really guilty about everything that's happened.

i mean they uh really have nothing to be guilty about. their drummer died tragically and one of his favorite drummers was asked to perform with them for the album and a tour. it's not their fault Mike decided to do what he did and there's nothing for them to feel like they've been responsible for. they were just as shocked as everyone else, and they're definitely not the people to be blaming for anything that MP has done.

Oh I completely agree. I wasn't saying that they should feel guilty, I was just saying that they probably do.

[Kotowboy]

Love That Icon.

[kon_jakae]

Well, see, that's the thing.  There's no logical reason I can think of why his attorney did what he did.  In 10 years of practicing law, I've never seen someone file a summons and not file a complaint.  If that ever happened, my first assumption would be that the lawyer just got out of law school and didn't really know what he was doing.  But then again, maybe there is some practice in NY that I am not aware of.

I was thinking about this too. Seeing that there is a Notice attached to the summons and the Notice is supposed to be briefed from the complaint, the complaint may have actually been written, but it was not filed. Also, in my country, for the Court to issue a summons, the complaint has to be filed first, unless the party is summoned to present before the police, not the Court.

[Cranky]

What I don't understand, and pardon me, I only read the article and some of the first posts, is.. Why does MP keep saying that he was wrongfully terminated from the band?

He was the one who wanted the break/ hiatus, and he ended up QUITTING the band and his career.
You have nothing to say if you want to quit your job, then do so..

[bosk1]

What I don't understand, and pardon me, I only read the article and some of the first posts, is.. Why does MP keep saying that he was wrongfully terminated from the band?

He didn't.

[Cranky]

What I don't understand, and pardon me, I only read the article and some of the first posts, is.. Why does MP keep saying that he was wrongfully terminated from the band?

He didn't.

Oh, excuse me, I meant to say "wrongfully excluded"

It says it in the blabbermouth article posted here!

I just don't understand why he would say any of that when he was the one who quit.

Do you think you could explain it to me, because I still don't understand exactly what is going on! 

[ZKX-2099]

Talk about a dramatic turn of events...

[rumborak]

BTW, concerning Blabbermouth: I find it unlikely they sat on this piece of news all the time, only to release it now. Most likely they only got wind of this now and decided to report on it.

rumborak

[ReaPsTA]

I read in some old interview the other day, around the time of FII if I remember correctly. They were talking about how they all met,, or something, and  JP told the interviewer that his best friend from school used to be their keyboard player. And on Awake, Innocence Faded is loosely based on the deteriorating relationship between the two of them. So I imagine KM leaving was very hard on JP.

Now I can only assume that MP and JP were also really good friends, so when MP decided to leave maybe it brought back to JP all of the feelings when KM left. I'd imagine that he took MP's news especially hard and maybe that's why he didn't want to talk face to face with MP, and did so through his lawyer, right after the split.

[\outrightspeculation]

Pretty sure JP said he sat down and cried when he found out of MP's decision

That was Rudess I think.

I honestly can't even begin to comprehend what JP felt.

[ZKX-2099]

I honestly can't even begin to comprehend what JP felt.

I'm sure for him it was... unbearable.

[Cranky]

I honestly can't even begin to comprehend what JP felt.

I'm sure for him it was... unbearable.

lol.................

[bosk1]

What I don't understand, and pardon me, I only read the article and some of the first posts, is.. Why does MP keep saying that he was wrongfully terminated from the band?

He didn't.

Oh, excuse me, I meant to say "wrongfully excluded"

It says it in the blabbermouth article posted here!

I just don't understand why he would say any of that when he was the one who quit.

Mike didn't say that.  It just says it in the summons that his attorney filed, and we know that is a misstatement.

[BlobVanDam]

BTW, concerning Blabbermouth: I find it unlikely they sat on this piece of news all the time, only to release it now. Most likely they only got wind of this now and decided to report on it.

rumborak

They seem to report things the second they hear them (including other times when they are only vague rumours, without any source), so I can't imagine them waiting.

[rumborak]

Mike didn't say that.  It just says it in the summons that his attorney filed, and we know that is a misstatement.

That is an interesting statement of yours I don't fully parse. Are you saying the attorney misrepresented MP's views on the matter at the time of writing the summons?

rumborak

[bosk1]

Mike didn't say that.  It just says it in the summons that his attorney filed, and we know that is a misstatement.

That is an interesting statement of yours I don't fully parse. Are you saying the attorney misrepresented MP's views on the matter at the time of writing the summons?

rumborak

Most likely, yes.  As I mentioned earlier in this thread and in the prior one, it happens literally every day.  I cannot tell you how often I receive a complaint filed by a plaintiff's attorney, only to find out down the road when deposing the plaintiff that some things the attorney put in the complaint are dead wrong.  It's the kind of thing you wouldn't think would happen, but it seems to happen almost as often as breathing.

[rumborak]

I of course fully respect your professional experience, but I just have a hard time imagining something of this PR magnitude would go out the door without having being double and triple checked, especially by the artist in question whose public perception is on the line. Look at the PR disaster this has been for MP, and that was something he *should* have taken that into account (even though I'm not so sure anymore about MP's ability of predicting other people's emotions and reactions).

rumborak

[Cranky]

What I don't understand, and pardon me, I only read the article and some of the first posts, is.. Why does MP keep saying that he was wrongfully terminated from the band?

He didn't.

Oh, excuse me, I meant to say "wrongfully excluded"

It says it in the blabbermouth article posted here!

I just don't understand why he would say any of that when he was the one who quit.

Mike didn't say that.  It just says it in the summons that his attorney filed, and we know that is a misstatement.

Ohh, okay. So it was just a misinterpretation on the attorney's part?
Thanks, I understand the situation a bit more now, and it seems a little bit less ridiculous than what I read all over the press releases.

[SnakeEyes]

So, does Wey still run the MP forum?

[Cruithne]

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 lawyers...so my lawyers filed those papers (BACK IN APRIL mind you) as that was the position they chose to take...if the band wouldve talked to me, it wouldve NEVER come to that!!!

Pff. He doesn't garner any sympathy from me when he spouts that kind of crybaby bunk. He's 44 years old and has been around the music business for a long time so surely he knows how this works!?

I get that he's hurt by the fact that the band isn't/wasn't talking to him personally, but I don't see him winning too many friends by sticking to the victimisation meme when it's surely fairly standard behaviour and particularly in his case where he has a history of putting private conversations (that he wasn't even involved with - see Geoff "Taint") onto the internet it won't have been worth it for the band to keep personal lines of communication open with him with legal necessities ongoing.

Incidentally, the original papers were filed "on or around April 27, 2011", which is just about his birthday. Did Jordan not say he sent him birthday wishes at the time that MP didn't respond to?

[Cruithne]

The rest of MP's post is pretty good mind you

I'd guess that once legal proceedings are out of the way and they can talk freely that eventually members of DT will reconcile with him.

If David Gilmour and Roger Waters can share a stage after decades of acrimony then I'm sure that MP and JP will talk again, one day.

[CodyWanKenobi]

Incidentally, the original papers were filed "on or around April 27, 2011", which is just about his birthday. Did Jordan not say he sent him birthday wishes at the time that MP didn't respond to?

I thought about that SAME thing when I read MP say none of the guys were responding to him except Jordan, and I laughed when he said that because I remembered Jordan saying MP never responded to him.

Jordan really seems like sweetheart though. Sending MP a birthday card even after all that's gone on.

[SnakeEyes]

Nevermind.  That was just mean. 

[The Silent Cody]

WOOOOW!!! That's awesome --->

[Dream Team]

So basically everyone just jumped on the MP hate bandwagon again without knowing all the facts. So typical.

[Aquila Chrysaetos]

So basically everyone just jumped on the MP hate bandwagon again without knowing all the facts. So typical.

"Everyone"? I suggest you review your judgement here.

[Bertielee]

So basically everyone just jumped on the MP hate bandwagon again without knowing all the facts. So typical.

"Everyone"? I suggest you review your judgement here.

I do too. Because I didn't comment on it either. Thanks!

B.Lee

[Orion1967]

So basically everyone just jumped on the MP hate bandwagon again without knowing all the facts. So typical.

Well the facts are, no matter what is presented with what spin that Mike filed SOMETHING with the NY Court system.  Proxied through his attorney ok sure but still it was filed on HIS behalf.  You can't dispute public records. 

Also the whole part of MP's about "I can't talk about it" could very well be an arbitrated settlement between he and the band that never went to court but is legally binding.

I'm sorry but how the whole "There is no court case" sounds remakably like someone spouting a "technicality" and still doesnt dismiss the fact that he initiated a legal action against the guys. Whether or not for whatever reason it came to fruition or not is actually irrellevant imho with regards to him constantly saying he wasnt suing the band.

[Xanthul]

I think the worst part about all of this is that MP reverted to his old "It's really THEIR fault" ways.

[johncal]

I liked the "watched" tag the mods put on me. Kind of creepy. I keep my curtains shut now.

[rumborak]

So basically everyone just jumped on the MP hate bandwagon again without knowing all the facts. So typical.

Well, there's another bandwagon here, and you're on that one.

Besides, I have no obligation towards Mike Portnoy. I believe I can think of him whatever the hell I want. He wants my hard-earned money, so he's best advised to create some positive PR for himself, because I'm one of those weak souls who has issues buying music from people I don't like.
And he's been creating shitloads of bad press for himself. When he had that summons filed under his name, he calculated in the backlash he would get from it. Maybe he thought back then he wouldn't face such fan loss by the time this would come out, and it would just be a drop in the bucket against his musical output. Well, I don't think I can be blamed for that all that didn't work out.

rumborak

[Dream Team]

So basically everyone just jumped on the MP hate bandwagon again without knowing all the facts. So typical.

Well, there's another bandwagon here, and you're on that one.

Besides, I have no obligation towards Mike Portnoy. I believe I can think of him whatever the hell I want. He wants my hard-earned money, so he's best advised to create some positive PR for himself, because I'm one of those weak souls who has issues buying music from people I don't like.
And he's been creating shitloads of bad press for himself. When he had that summons filed under his name, he calculated in the backlash he would get from it. Maybe he thought back then he wouldn't face such fan loss by the time this would come out, and it would just be a drop in the bucket against his musical output. Well, I don't think I can be blamed for that all that didn't work out.

rumborak

Apparently you guys haven't seen his latest post on his forum.

[rumborak]

I don't read mp.com much. Link?
EDIT: Or are you referring to the post where he said he only filed the summons because DT wouldn't talk to him?

rumborak