A U.S. District Judge has rejected a motion by the lawyers for Cheap Trick to dismiss a lawsuit by founding member and former drummer Bun E. Carlos, whose real name is Brad Carlson.

Bun E. filed the suit in 2013 claiming he is owed close to $600,000 from touring and merchandise based on an agreement he signed with the band in 2010 that, while no longer a touring member of the band, he would remain a fully-vested member with equal shares in the band’s income and business decisions. Bun E. was replaced by Daxx Nielsen, son of guitarist Rick Nielsen.