The legal battle and the rage for order over the Queensrÿche name will continue into next year as according to new court records, a continuance was granted, giving ousted frontman Geoff Tate and his wife Susan, who once managed the band, until January 27th 2014 to iron out the details of their case.
Tate and his wife first filed suit in June 2012 requesting the rights to the band's name in exchange for the fair market payout to his former bandmates – Eddie Jackson, Michael Wilton and Scott Rockenfield. The three then fired back with a countersuit, citing creative obstruction and violent behaviour on the part of Tate.
The Tates commented: "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."
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Rockenfield, Jackson and Wilton called foul alleging that the Tates dragged their feet during the process, with their opposition to the motion to continue stating: "Any challenges [the Tates] face [in preparing for the trial] 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 [Tate's former bandmates'] detriment or [Tate's] advantage."
In that same document, Rockenfield, Jackson and Wilton, who are now playing in their own version of Queensrÿche with singer Todd La Torre, used the opportunity to point out the success of their recent album compared to the Tate-led Queensrÿche's new disc.
"The newest self-titled Queensrÿche CD release by the Defendant bandmates 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. In comparison, Geoff Tate released his own Queensrÿche CD in April of this year titled 'Frequency Unknown' and depicted as F.U. on the cover, which entered the charts at #82 [and] received very bad reviews around the world."
Rockenfield told The Oakland Press that negotiations are ongoing between Tate and the singer's former bandmates and "there's still time for anything to happen between now and [the start of the trial]."
But it looks like the two parties will hash it out in court come January.
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