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Dustie Waring

Dustie Waring Considering Legal Action Against Between The Buried And Me Over His Termination From The Band


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The current absence of guitarist Dustie Waring from Between The Buried And Me‘s ongoing tour celebrating their “Colors” albums appears to have been explained — albeit through legal documents shared by Waring himself. The progressive metal group kicked off that trek last month with Tristan Auman once again in his place.

Waring had previously sat out touring with the band last summer, in the wake of a rape allegation being made against him. Waring denied the allegation and would later go on to rejoin his bandmates onstage last fall.

Communicating through his lawyer to the public at that time, Dustie indicated that he was innocent of the “false allegations”, with his lawyer stating, “He has met those accusations head-on with the truth, and the facts speak for themselves.”

In a post on social media made today, April 08th, Waring shared a letter to Bryan K. Christner, Esq. an entertainment and new media law attorney who apparently represents Between The Buried And Me. That letter was penned by Timothy C. Parlatore, Esq., who represents Waring.

As seen in the below screen caps of that letter, which was sent March 28th, 2024, Waring‘s aforementioned legal representative claims as of January 25th of this year, the band had essentially been attempting terminate Waring from the group in light of the allegation.

Parlatore stated of that in his letter to Christner:

“…The allegations against Mr. Waring were proven false. Upon further investigation, digital forensic evidence confirmed that the allegations of sexual assault were made by a man posing as a female as part of an extortion plot. Removing someone from their company because they were a victim of a crime is not a legally permissible reason.”

Parlatore then further claims that on March 06th of this year, the band were now seeking to have Waring dismissed from the band due to “unsatisfactory” live performances. Parlatore claims that this was then used as the reasoning behind the band to terminate Waring‘s position in the band, citing a ‘four-hour meeting’ and that they played two full tours where Waring performed live from the aid of a chair.

Parlatore argued that Waring‘s usage of a chair was due to a previous injury, which he had suffered and since recovered from. Citing a prior email conversation with Christner, Parlatore claimed that Christner stated of Waring‘s dismissal:

“Your client was not removed from the band of the 2023 sexual assault allegations against him or because he is disabled. Your client was terminated from the band because of: (a) his failure to render first-class live performances; (b) his failure to timely notify the band of his inability to perform at all the band’s live performances; and (c) his overall demeanor and negative behavior with his fellow band mates. their family members, and the band’s crew.”

Parlatore goes on to state that those reasons above were “untethered” and that the “assumed” reasons for Waring‘s dismissal were:

“1. That Tommy Rogers was upset that Mr. Waring objected to his wife making public statements supporting the extortionist’s false claims against Mr. Waring: and

2. The band members now realize that by getting rid of Mr. Waring, they each receive a financial windfall of 25% of the profits. Whereas before they only received a 20% share. This translates to a seven-figure incentive for each member to get rid of Mr. Waring.”

Parlatore went on to say:

“As we have discussed, there is no provision within the operating agreement to force any member of the LLC to be involuntarily removed or force an involuntary sale of their interests in the company. There is also no provision that allows some members to unilaterally reduce the profits to be paid to one of the members of the LLC, yet the financial documents you have provided thusfar indicate that this was unlawfully done. This includes the profits from the current tour that Mr. Waring was unlawfully excluded from.

If your clients are unwilling to either engage in a reasonable, fact-based, settlement negotiation, Mr. Waring has no choice but to file a lawsuit to ensure that his rights are protected. Given the way the discussions have preceded thusfar. I would strongly advise your client to retain additional counsel with litigation experience to make the discussions more fruitful. However. I need to hear from you by next Friday. April 5, 2024.

Additionally, Tommy Rogers and Paul Waggoner may be named as individual defendants due to personal conduct, so they may want to hire individual counsel as well. If we are unable to reach a resolution, then I will begin preparing to file in the U.S. District Court.”

Screencaps of the letter shared via Waring‘s Instagram story can be seen below:

Dustie Waring's Instagram Story Post

Dustie Waring's Instagram Story Post

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