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Carlos v. Nielsen, Peterson and Zander
07-24-2013, 03:06 PM, (This post was last modified: 07-24-2013, 03:09 PM by clp.)
#46
RE: Carlos v. Nielsen, Peterson and Zander
I don't think anyone is saying Bun doesn't deserve to get paid his share of the profits. It's a business and he is part owner and is entitled to his share, simple as that.

As for David Frey, again, this is a personal matter as to why the band let him go. I'm not sure I ever read the reason they fired their good friend and long time manager Ken Adamanany, but truthfully I don't care.

I think the point is that it's sad that friends can't stay friends forever but people change, friendships change. Life goes on.
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07-24-2013, 03:15 PM,
#47
RE: Carlos v. Nielsen, Peterson and Zander
(07-24-2013, 02:59 PM)CrystalM Wrote: The summonses were issued yesterday to Rick, Robin and Tom. After they have been served, the defendants have 21 days to file a response with the court answering to each of the 177 allegations contained within the 14-count complaint. Some of the background facts, such as: "6. Robin Zander (“Zander”), is a resident of the State of Florida and a member of the Band," won't be disputed. Others, the defendants will rebutt, such as "77. .....Defendants are making personal uses of the CHEAP TRICK® Marks without the authorization of CTU and ZPN&C to promote the upcoming studio album which the three Defendants recently recorded and intend to release without Carlos’s participation or consent."

Rick, Tom and Robin (their lawyers) will probably also add their own affirmative defenses and also file a cross-complaint, making both "sides" both defendants and plaintiffs.

The plaintiff always gets the initial PR boost because their story comes out before the defendants have even read the complaint (the lawsuit). However, I would hope the band is working on a press release right now - at the very least, assuring fans/venues that the scheduled shows will go on, etc. This story will 'have legs' in the press and it's good to spin it for the benefit of the band and fans!

They "may" do a countersuit, but I don't see where they really have cause to. I think they will likely just refute the allegations and try to keep it short & sweet to avoid self-incrimination.
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07-24-2013, 03:21 PM, (This post was last modified: 07-24-2013, 03:23 PM by Darran.)
#48
RE: Carlos v. Nielsen, Peterson and Zander
(07-24-2013, 03:15 PM)ch67 Wrote:
(07-24-2013, 02:59 PM)CrystalM Wrote: The summonses were issued yesterday to Rick, Robin and Tom. After they have been served, the defendants have 21 days to file a response with the court answering to each of the 177 allegations contained within the 14-count complaint. Some of the background facts, such as: "6. Robin Zander (“Zander”), is a resident of the State of Florida and a member of the Band," won't be disputed. Others, the defendants will rebutt, such as "77. .....Defendants are making personal uses of the CHEAP TRICK® Marks without the authorization of CTU and ZPN&C to promote the upcoming studio album which the three Defendants recently recorded and intend to release without Carlos’s participation or consent."

Rick, Tom and Robin (their lawyers) will probably also add their own affirmative defenses and also file a cross-complaint, making both "sides" both defendants and plaintiffs.

The plaintiff always gets the initial PR boost because their story comes out before the defendants have even read the complaint (the lawsuit). However, I would hope the band is working on a press release right now - at the very least, assuring fans/venues that the scheduled shows will go on, etc. This story will 'have legs' in the press and it's good to spin it for the benefit of the band and fans!

They "may" do a countersuit, but I don't see where they really have cause to. I think they will likely just refute the allegations and try to keep it short & sweet to avoid self-incrimination.

So what's gone on behind the scenes for you to say that you don't see them doing a countersuit because you dont see where they really have cause to then?


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07-24-2013, 03:25 PM,
#49
RE: Carlos v. Nielsen, Peterson and Zander
I cant stress enough how distasteful I find this whole thing, regardless of who is right and who is wrong.....Cheap Trick to me is an escape from what often is a shitty world FILLED with garbage like this....and now that's in jeopardy....Ya, I'm being a bit dramatic, but that's how I feel about this mess at least....
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07-24-2013, 03:40 PM,
#50
RE: Carlos v. Nielsen, Peterson and Zander
They could claim that Bun's behavior lead to shock, fright, and loss of consortium, just to level the playing fieldTongue
"....and I'm laughin' inside all the while....."
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07-24-2013, 07:15 PM,
#51
RE: Carlos v. Nielsen, Peterson and Zander
(07-23-2013, 11:58 AM)Darran Wrote:
(07-23-2013, 11:53 AM)clp Wrote: I mean more so on the personal side of things. Most people want to know what the rift is really about. Why Bun E. isn't touring with them. What happened between them…

This is the kind of stuff that is really none of our business and that the band as a whole have done a nice job of keeping out of the press by not getting into a public feud.

As far as court documents, sure, all is fair game and some of the ugly side of things may go public because of it but to tell the truth I don't really want to know.

What I meant by the "right-to-know" age is people think celebrities lives should be public because of who they are. Everyone has a right to privacy and the times have taken that away from too many people in the public eye. Musicians, actors, athletes, you name it.

Great posting Sir. Cool

I'll second that! Well said!

"Don't interrupt me while I am interrupting you."~ Winston Churchill
"That's the spirit Bunster f*#@ em!" ~ Darran
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07-24-2013, 08:06 PM,
#52
RE: Carlos v. Nielsen, Peterson and Zander
(07-24-2013, 02:43 PM)ch67 Wrote:
(07-22-2013, 03:00 PM)FRED GARVINS WIFE Wrote: if the guy can't drum for 2 hours or he refussed to play certain songs, then he should take a backseat and let ct move on without him. don't try and hold the band up. he's now stepping on the fans as well as the band.

Sorry, but Bun E. isn't doing anything any of you wouldn't do. He has the same deal so many other artists have gotten when they stopped performing with the bands they were in (Peter Criss of KISS got the same deal in the late 70s when asked to leave the group - he left the group, but retained 100% of his one-quarter ownership in the business end of KISS, and any and all drummers after him have been on salary, same with guitarists replacing Ace). But Bun E. was still 1/4 of Cheap Trick, he (legally) was supposed to record with them, he was supposed to be paid for being a business partner. Bun E. put 30 years of equity into that company, no reason he should just "give up" his part of the business. So if you were not getting paid the money ALL PARTIES HAD TO AGREE TO, wouldn't you try to recoup the money, protect your income? Of course you would.

One cool thing from that article is it looks like they quoted a former board member who did an interview with Bun E. In fact, it looks like a lot of info came from his interview, the one direct quote from Bun was definately from that person's interview. (He got kicked off the boards here for doing that interview, of course).

The fact that Robin, Tom & Rick have not responded has nothing to do with having or not having "class." It has everything to do with preparing a defense, not "keeping things private." Privacy is a hard thing to keep hold of when you are being sued, trust me, I've seen it and experienced it. (I was sued by an ambulance chaser and a crazy woman who plowed into my car when I was 17. Technically, I was at fault, but the ticket that I got for my participation in the accident was thrown out).

My Dad was also sued in that incident (he owned the car I was driving, which was a Chevy Chevette, not a real nice car or anything) but we lost privacy (in a small town, this was big news and was written about in the paper) but basically won the case. So I know a little about how this works from personal experience. Regardless, you will hear Robin, Rick & tom say something about all this, it will just be a prpared legal document, just like BunE. and Frey did. (I am still surprised they hosed Dave Frey, I really thought they loved that guy to death. I think he is kind of a tool). Again, CLASS has nothing to do with this, it is simply a smart move not to start running your mouth when you are being sued.

I think it is easy to see this with blinders on, without looking at the whole picture (like I said, Rick, Tom and Robin aren't going to speak because they are the ones being sued - they'll prepare a defense and that will be that. You'll hear from them then. I am repeating myself again, but I am seriously shocked they fired Frey, I thought they were all buds and all that. He stepped up to the plate and really took a leadership role when the stage collapse happened, so I was really surprised to see him get axed. But they still have to pay him money he loaned them, manager or not. No one is going to put $300k in another person's hands without some sort of repayment agreement. I don't understand why he even loaned it but still, he should get his money back.

While many have been quick to jump to scream "Rah, Rah! Rah!" behind Daxx, I can now say I have seen him live and I think he's got a long way to go to be half the drummer Bun E. is. He didn't hit very hard, he rushed some of his fills and he screwed up quite a bit for a drummer who has been on the road for such a long time with this band. There are lots of better drummers out there that could be doing a much better job than Daxx (Bun E., for one). The band is not being energized by Daxx, they are having fun playing different songs, all songs I have seen/heard Bun E. play, Bun E. is in perfect health when it comes to his back, he hasn't (that I know of) refused to play over 2 hours (when I saw them with Daxx, they played less than 2 hours - is that Daxx's fault?)

I think the time to let this play out without too much speculation on our part has arrived, lets just see how this works out. I think many of us might be a bit surprised to learn what we do about some of our heroes.

Yep........

"Class" and "keeping things private" = Cutting Bun a nice fat check and gag order.

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07-24-2013, 10:57 PM,
#53
RE: Carlos v. Nielsen, Peterson and Zander
Wow. Just wow. I know it's nobody's business, but jeez, what lead to this fallout? So this is somehow going to mean that the band name, Cheap Trick, won't be used anymore and it'll have to go by some other name? Better yet, would this jeopardize any hopes of getting into the Rock and Roll Hall of Fame? Better yet, if they do get inducted, it'll be interesting to see Bun take the stage with the other 3. I thought I'd never see the day where it would come to this. Pretty depressing.
And with all the loves and hates and passions just like mine...
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07-25-2013, 08:41 AM,
#54
RE: Carlos v. Nielsen, Peterson and Zander
They persecute me they're the judge and jury all in one.
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07-25-2013, 08:41 AM, (This post was last modified: 07-25-2013, 08:47 AM by Paul Calypso.)
#55
RE: Carlos v. Nielsen, Peterson and Zander
Sorry for the double post.
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07-25-2013, 09:55 AM,
#56
RE: Carlos v. Nielsen, Peterson and Zander
No matter what happens, at the end of the day the best fu*&^ing band you will ever see is and will always be Cheap Trick.

I am sure all parties phones are ringing off the wall from VH1's "Behind the Music".

Paging Mr. Hayes...time to update "Reputation is a Fragile Thing" and boy do they know it.

Hamerica
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07-25-2013, 11:14 AM,
#57
RE: Carlos v. Nielsen, Peterson and Zander
Well the $hit has hit the fan! I guess it was time....
I hate the tension I feel between the members of the best American Band we have out there today. Still playing all the songs we have loved through the years. Such crafted musicans and a vocalist like Zander..... I have stuck with them for soo long.... they never gave up! Never!
I feel like this is a bad dream, but it's real now.

Cheap Trick is a band, but also business. Mr. Carlos is 1/4 of the corporation....he helped start.
I really hope this can resolved...nicely. Life is too short,please work it out guys! Dang it!

Grillman
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07-25-2013, 11:50 AM,
#58
RE: Carlos v. Nielsen, Peterson and Zander
Does this mean I have to give my t-shirts and picks back?Huh


"and require "the destruction of all advertisements, promotional materials, packaging, products or any other materials bearing the CHEAP TRICK® Marks, or any other use of the Band’s name in connection with any new works and/or recording that exclude Carlos."
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07-25-2013, 01:34 PM,
#59
RE: Carlos v. Nielsen, Peterson and Zander
Unfortunately, maybe they will have to do what Kiss did and buy out BunE's share and rights. Basically, Ace and Peter sold their rights to Gene and Paul.

Bye-bye, so long, farewell, bye-bye, so long, sayonara, bye-bye, au revoir, Auf Wiedersehen,
JCC

"I Want You to ROCK YOUR SPEECH!!!"
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07-25-2013, 04:31 PM,
#60
RE: Carlos v. Nielsen, Peterson and Zander
Stinks that things have clearly become bitter here. A band is generally a democracy though and you seemingly have 3 original members vs 1 here. That's not to say Bun isn't fully entitled to anything they all contractually agreed upon, but its likely going to be a tougher road for him if the other 3 are unified.

Hopefully they can settle it and move on but I'm not holding my breath!

Also of note, Rick has added a new Burger to his menu at Piece...."Low Carb cheddar cheese and bacon burger served with no bun". Tongue

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