Despite recent reports, ex-Dream Theater drummer Mike Portnoy is not suing his former bandmates over his ousting from the group.

Portnoy filed a legal summons on April 27, but the news was picked up by the press over the past couple of days. The summons claimed that his former band members "are wrongfully using the name of the band in connection with the promotion of live performances by the individual defendants, without the participation or consent of [Portnoy]" according to an article on Courthouse News Service that was posted yesterday on Blabbermouth. He also said that that the band excluded him recent tour dates and recording sessions.

Now, Portnoy's lawyer Ronald Bienstock has issues a statement to Blabbermouth clarifying the issue: "On or around April 27, 2011, Mr. Portnoy filed a 'Notice With Summons.' This document is not a formal complaint. Further, the document was never served on any of the named defendants, rendering it moot. There is no pending litigation between Dream Theater and Mr. Portnoy."

The stickman, who was one of the founding members of Dream Theater, has said that it was not his intention to leave the band for good even though he served as Avenged Sevenfold's touring drummer last year. In an interview with Greece's Hard Rock Magazine, he stated, "I knew something was brewing and I knew that I was unhappy, and as has been well documented elsewhere, I merely just wanted a break."

Portnoy was replaced by Mike Mangini, who made his Dream Theater recording debut on the band's recently released album, 'A Dramatic Turn of Events.' Portnoy has also been keeping busy with his new project Adrenaline Mob, who released their debut self-titled EP last month.