If you’ve been following the Dream Theater soap opera for the past year, then you know that Mike Portnoy has been very vocal about his displeasure with the band continuing on without him (even asking to rejoin at one point). Even though he openly admits to quitting the group, he has stated in many interviews that he never intended for this and merely wanted to take an extended break. Despite constantly telling this to the press, it still seemed like he accepted Dream Theater’s decision and moved on with his new group Adrenaline Mob. Apparently, though, he hasn’t.

According to Courthouse News Service [via Blabbermouth] Portnoy filed a lawsuit against his former band mates back in April of 2011. In his complaint, Portnoy reportedly claimed that the current members of Dream Theater “booted him out unfairly and are using the band’s name unfairly.” John Petrucci, John Myung, James LaBrie, Jordan Rudess, Ytse Jams Inc., and Infinity Tours are being named as the defendants. It is currently unclear whether the two parties have appeared in court yet or if they have come to a deal outside of court.

Considering all the drama that has been circulating Portnoy’s exit, it’s pretty surprising that this has been kept under wraps for so long. That leads us to wonder whether the Courthouse News Service’s report is legit or not. At the moment, neither Portnoy nor Dream Theater have yet to comment or confirm the news of the lawsuit. Obviously, though, it has gone further than simply trash talking via interviews. We’ll obviously keep you posted as more develops, for surely this will escalate further.

UPDATE: Shortly after this news broke, Mike Portnoy released a statement via his official forum. You can read his comment on the matter after the jump:

“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!

MP”

So though he’s “not allowed” to talk about the said lawsuit (or as he calls it “business matters”), Portnoy’s statement does confirm that some sort of legal doings are occurring between him and his former band mates. Guess we’ll have to wait to find out more about the possible Dream Theater court battle.