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The present absence of guitarist Dustie Waring from Between The Buried And Me‘s ongoing tour celebrating their “Colours” albums seems to have been defined — albeit via authorized paperwork shared by Waring himself. The progressive steel group kicked off that trek final month with Tristan Auman as soon as once more in his place.
Waring had beforehand sat out touring with the band final summer season, within the wake of a rape allegation being made towards him. Waring denied the allegation and would later go on to rejoin his bandmates onstage final fall.
Speaking via his lawyer to the general public at the moment, Dustie indicated that he was harmless of the “false allegations”, together with his lawyer stating, “He has met these accusations head-on with the reality, and the info converse for themselves.”
In a put up on social media made at the moment, April 08th, Waring shared a letter to Bryan Okay. Christner, Esq. an leisure and new media regulation legal professional who apparently represents Between The Buried And Me. That letter was penned by Timothy C. Parlatore, Esq., who represents Waring.
As seen within the beneath display screen caps of that letter, which was despatched March twenty eighth, 2024, Waring‘s aforementioned authorized consultant claims as of January twenty fifth of this 12 months, the band had primarily been trying terminate Waring from the group in mild of the allegation.
Parlatore said of that in his letter to Christner:
“…The allegations towards Mr. Waring have been confirmed false. Upon additional investigation, digital forensic proof confirmed that the allegations of sexual assault have been made by a person posing as a feminine as a part of an extortion plot. Eradicating somebody from their firm as a result of they have been a sufferer of against the law is just not a legally permissible purpose.”
Parlatore then additional claims that on March 06th of this 12 months, the band have been now in search of to have Waring dismissed from the band because of “unsatisfactory” dwell performances. Parlatore claims that this was then used because the reasoning behind the band to terminate Waring‘s place within the band, citing a ‘four-hour assembly’ and that they performed two full excursions the place Waring carried out dwell from the help of a chair.
Parlatore argued that Waring‘s utilization of a chair was because of a earlier harm, which he had suffered and since recovered from. Citing a previous e-mail dialog with Christner, Parlatore claimed that Christner said of Waring‘s dismissal:
“Your consumer was not faraway from the band of the 2023 sexual assault allegations towards him or as a result of he’s disabled. Your consumer was terminated from the band due to: (a) his failure to render first-class dwell performances; (b) his failure to well timed notify the band of his incapability to carry out in any respect the band’s dwell performances; and (c) his total demeanor and unfavourable habits together with his fellow band mates. their relations, and the band’s crew.”
Parlatore goes on to state that these causes above have been “untethered” and that the “assumed” causes for Waring‘s dismissal have been:
“1. That Tommy Rogers was upset that Mr. Waring objected to his spouse making public statements supporting the extortionist’s false claims towards Mr. Waring: and
2. The band members now notice that by eliminating Mr. Waring, they every obtain a monetary windfall of 25% of the earnings. Whereas earlier than they solely acquired a 20% share. This interprets to a seven-figure incentive for every member to do away with Mr. Waring.”
Parlatore went on to say:
“As we’ve got mentioned, there isn’t a provision inside the working settlement to power any member of the LLC to be involuntarily eliminated or power an involuntary sale of their pursuits within the firm. There’s additionally no provision that permits some members to unilaterally scale back the earnings to be paid to one of many members of the LLC, but the monetary paperwork you may have supplied thusfar point out that this was unlawfully carried out. This contains the earnings from the present tour that Mr. Waring was unlawfully excluded from.
In case your purchasers are unwilling to both interact in an inexpensive, fact-based, settlement negotiation, Mr. Waring has no selection however to file a lawsuit to make sure that his rights are protected. Given the way in which the discussions have preceded thusfar. I might strongly advise your consumer to retain further counsel with litigation expertise to make the discussions extra fruitful. Nevertheless. I would like to listen to from you by subsequent Friday. April 5, 2024.
Moreover, Tommy Rogers and Paul Waggoner could also be named as particular person defendants because of private conduct, so they might need to rent particular person counsel as nicely. If we’re unable to succeed in a decision, then I’ll start making ready to file within the U.S. District Court docket.”
Screencaps of the letter shared through Waring‘s Instagram story could be seen beneath:
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