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MIKE PORTNOY Says He Is 'Legally Not Allowed' To Comment On DREAM THEATER Business

September 19, 2011

***UPDATE*** (September 20):*** 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.

In a letter to BLABBERMOUTH.NET dated 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."

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Ex-DREAM THEATER drummer Mike Portnoy has commented on the report that he filed a "Notice With Summons" listing his former bandmates as defendants claiming 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]." The document, which was filed on April 27, 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]."

Writing on his official forum after the news broke earlier today, Portnoy said, "Everyone needs to chill out. Stop feeding into this negative poison on the net... I am legally NOT ALLOWED to speak of business matters, but I'm sure you realize there are two sides to every coin... If I could openly talk about this stuff and expalin the REALITY of everything, I would love nothing more!!! But I am legally unable to discuss it... In the meantime, life is bright and positive...I am happy and so are they....so shouldn't YOU be too??? Don't believe the hype...Carpe Diem!"

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 He has since been replaced by Mike Mangini (ANNIHILATOR, EXTREME, JAMES LABRIE, STEVE VAI).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.

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