Singer Geoff Tate — who was fired from the Seattle progressive rock band QUEENSRŸCHE last year after fronting it for three decades — was granted a continuance until January 27, 2014 in his legal battle with his former bandmates over the rights to the group’s name.
Tate and his wife, Susan, QUEENSRŸCHE’s former manager, filed a lawsuit in June 2012 asking the judge to award them the rights to the band’s name in exchange for Tate paying Eddie Jackson (bass), Michael Wilton (guitar) and Scott Rockenfield (drums) the fair market value for their interests in the QUEENSRŸCHE companies. Wilton, Rockenfield and Jackson filed a countersuit against the Tates in which they accused Geoff of creative obstruction and violent behavior, and Susan Tate of questionable business practices.
In their August 9 motion to continue the trial date — originally scheduled for November 18 — and amend the case schedule, the Tates 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.” The Tates added that “80 potential witnesses” have been identified for trial and they estimated that the parties will need to collectively take 20 to 40 depositions.
Further complicating the scheduling of depositions is the fact that Tate’s former bandmates will be traveling for most of September and will be unavailable for depositions. Said the Tates in their motion, which can be viewed on the The Breakdown Room web site: “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.”
The official video for “One Of Us Is The Killer”, the title track of the fifth full-length album from the New Jersey-based “mathcore” act THE DILLINGER ESCAPE PLAN, can be seen below.
“One Of Us Is The Killer” sold around 15,000 copies in the United States in its first week of release to debut at position No. 25 on The Billboard 200 chart. The CD was released on May 14 through the band’s own Party Smasher Inc., in partnership with Sumerian Records in North America.Party Smasher‘s partnership with BMG covers the rest of the world, including licensing deals with Grind House for Japan and Remote Controlin Australia.
“One Of Us Is The Killer” was recorded in Southern California with longtime producer Steve Evetts (GLASSJAW, THE CURE, SUICIDE SILENCE), with additional production at guitarist/co-founder Ben Weinman‘s studio. Mastering was handled by Tom Baker (DEFTONES,NINE INCH NAILS, BEASTIE BOYS).
THE DILLINGER ESCAPE PLAN was forced to cancel its summer European festival and club appearances due to an injury sustained by guitarist/co-founder Ben Weinman on his right hand and wrist. He will spend June recovering.