Welcome to the LOUDEST DOT COM ON THE PLANET!
KNAC.COM
LISTEN NOW!WATCH NOW! LOGIN JOIN
MAGAZINEON-AIRDOWNLOADSCHATBOARDSCONTESTSSTORE
News

QUEENSRYCHE Trial Now Delayed Until January

By Larry Petro, News Monkey
Tuesday, September 3, 2013 @ 3:54 PM


Tates Had Asked For Continuance

- advertisement -
Just when you thought that a resolution to the ongoing QUEENSRYCHE court case/drama was soon to be had, vocalist Geoff Tate was granted a continuance until January 27, 2014 in the legal battle with his former bandmates over the rights to the group's name.

Of course, everyone should know the story by heart now. Eddie Jackson, Michael Wilton and Scott Rockenfield fired Tate last year. Tate and his wife Susan, who had also been fired as the band's manager, filed suit to have the QUEENSRYCHE name granted to them. The other members countersued, alleging a plethora of destructable behavior and questionable business practices.

On August 9, the Tates filed a motion for continuance of the trial, which was supposed to begin on November 18. In their filing they requested "a minimum 180-day continuance to provide sufficient time for the parties to continue active settlement negotiations without incurring substantial trial preparation costs and, if such efforts fail, to provide sufficient time to complete discovery and properly prepare for what will be a very lengthy trial." Approximately "80 potential witnesses" have been identified for trial and they estimated that the parties will need to collectively take 20 to 40 depositions. Because Tate's former bandmates will be traveling for most of September and will be unavailable for depositions further complicates the matter.

The Breakdown Room web site, which has been posting all of the legal documents as they become available, revealed this in the latest filing: "There simply is not enough time to properly prepare for trial. Discovery is incomplete. Even if the parties only depose a fraction of the witnesses identified, doing so will take 20 to 30 days. Many of these witnesses are located out of state. The facts that underlie this dispute span nearly 30 years. Trial could take three to four weeks with 20 to 40 witnesses."

As expected, on August 16, Wilton, Rockenfield and Jackson filed a challenge to the Tates' motion to continue the trial date and amend the case schedule, claiming that "Now, as a result of Plaintiffs’ (Tates') complete lack of diligence in this matter, they claim to be unable to be prepared for trial. Any challenges they face are 100% the result of their failure to properly prosecute their case and as such should not be able to delay the resolution of this matter to Defendants’ (Jackson, Wilton, Rockenfield's) detriment or Plaintiffs’ (Tate's) advantage."

In their opposition, Wilton, Rockenfield and Jackson also wrote, "From October 2012 until April 2013 there was nearly no activity in the case. In April 2013, Plaintiffs (Tates) propounded interrogatories and requests for production on Defendants (Wilton, Rockenfield and Jackson). Responses were supplied in May. Not until July 31, 2013, did Plaintiffs (Tates) raise any objections to the adequacy of the responses to that discovery, more than two months after said responses were served. Other than two related subpoenas for documents, (Tates) have engaged in no other discovery."

In addition, they state that "Since the filing of the suit, Geoff Tate continues to harm the QUEENSRYCHE brand". "The newest self-titled QUEENSRYCHE CD release by the (non-Tate version) entered the U.S. charts at #23 and continues to get 9-out-of-10-star reviews and is still selling very well on a weekly basis around the globe," Wilton, Rockenfield and Jackson wrote. "In comparison, Geoff Tate released his own QUEENSRYCHE CD in April of this year, titled Frequency Unknown, and depicted as F.U. on the cover, which entered the charts at #82, received very bad reviews around the world, and has slowed to almost no more weekly sales. (The Todd La Torre-fronted version's) new CD even outperformed the last two CDs of them with Geoff Tate, selling more in a month than the Dedicated to Chaos CD has since its release in 2010, and charting much better than both that album and the previous one, American Soldier. Thus, the return to the classic sound Defendant (Todd version) bandmates have made with the new CD and live shows has been met with overwhelming success."

Continuing, they add: "Geoff Tate also chose very poorly in hiring live musicians that have shown that they are not capable of representing the correct performances of the QUEENSRYCHE music legacy, and he was constantly replacing them. He has been offering his low-quality version of QUEENSRYCHE to the promoters at a much reduced rate, as low as $10,000 per night, when, in fact, (the former) bandmates have done their best to keep the authorized QUEENSRYCHE at an average of well over $20,000 per show this entire year. However, this becomes harder and harder with Geoff Tate's sub-par band and cut-rate pricing that continues to be damaging to the QUEENSRYCHE brand and legacy no matter who ultimately wins control after trial."

The current word is that there are ongoing negotiations between the parties even now and that there is still some sort of hope of a settlement to this case prior to the actual trial starting. Stay tuned for more details.....


Please log in to view RANTS

If you don't have a username, click here to create an account!

Username: 
Password: 

Message: 
 
 

 


 Recent News
Represent! Get Your KNAC.COM Bumper Sticker
Happenings This Week on KNAC.COM
ACE FREHLEY Returns This Week On That Metal Show
AGNOSTIC FRONT Full-Length Documentary The Godfathers Of Hardcore Begins Production – Coming Fall 2016
EPICA Announce The Ultimate Enigma European Tour
CAIN'S OFFERING Stream New Album Title Track
THE DEAD DAISIES Unveil Revolucion Album Art
ICED EARTH Reveal Tentative New Album Title
RAVEN Streaming New Song "Fight"
DEATH TO FALSE METAL FESTIVAL Announced For 2015
MOTLEY CRUE Announce Additional Final Tour Dates
ANNIHILATOR Confirm European Headline Tour Support Acts
BETWEEN THE BURIED AND ME Announce European Fall Tour
Supergroup TEENAGE TIME KILLERS To Release Greatest Hits Vol. 1
RUTHLESS To Issue They Rise On Vinyl In May
XANDRIA Reveal Fire & Ashes Cover, Tracklist
BRET MICHAELS Launches Live Bret Michaels Home Decor Collection At Overstock.com
AC/DC Drummer PHIL RUDD Pleads Guilty In Court Case
STEPHEN PEARCY Schedules Solo Tour Shows
2016 AXES & ANCHORS Cruise Announced
SLAYER Finish Recording New Album
SHATTERED SUN Unleash "Hope Within Hatred" Video
CRADLE OF FILTH Unveil Artwork For New Album, Hammer Of The Witches
ANTHRAX Drummer CHARLIE BENANTE Unveils "Benante's Blend" Coffee Line
GWAR's GWAR-B-Q Gets Extended To Three Days
DEFTONES Announce Summer Tour With INCUBUS
First-Ever NORTHERN INVASION Festival Now Sold Out
Scooby-Doo! And KISS: Rock And Roll Mystery Film Coming In July
THE RODS Announce Some US, European Shows
KAMELOT Announce Haven North American Tour Second Leg
PERIPHERY Premiere "The Bad Thing" Video
THE GENTLE STORM Launch "The Storm" Live Video
APOCALYPTICA Streaming Entire Shadowmaker Album
SWORN IN Release "Scissors" Video
SKID ROW Announce Shows With New Singer TONY HARNELL
ART OF ANARCHY Debut "Til The Dust Is Gone" Video
ROCK ON THE RANGE Is Officially Sold Out
That Metal Show Guest Lineup For 4/18
TRIXTER Return With New Album Human Era
SLAYER's New Single "When The Stillness Comes" To Get Colored Vinyl Release
EDEN'S CURSE Release Video For "Unbreakable"
DANZIG North American Tour Announced
HELLOWEEN Announce European Festival, Headline Shows
NIGHTWISH Film Imaginaerum Gets US Release
HINDER Premiere Video For "Hit The Ground"
ARMORED SAINT Stream New Track "Mess"
HIGH ON FIRE's New Album Luminiferous Out June 23
LORDI Documentary Monsterman Set To Premiere At Doxa Film Festival
GUITAR HERO Series Returns With GUITAR HERO LIVE
WELCOME TO ROCKVILLE Expands Capacity For Increasing Ticket Demand
BUMBLEFOOT Releases "Little Brother Is Watching" Video





HOME | MAGAZINE | ON-AIR | DOWNLOADS | CHAT | BOARDS | CONTESTS | STORE | HELP

©2015 KNAC.COM. All Rights Reserved.    Link to us    Advertise with us    Privacy policy
 Latest News