The plaintiff who sued developer Harmonix in November last year over cracking bass drum controller pedals in Rock Band has voluntarily dismissed his case, court records reveal.

In a court filing from September 23, obtained by Gamasutra, plaintiff Monte Morgan dropped a class action lawsuit against Rock Band developer Harmonix, its parent Viacom, Viacom-owned MTV Networks, the game's distributor Electronic Arts, and electronics retailer Best Buy.

Counsel for both of the parties met in late August this year for a settlement conference, but did not agree on a settlement, records show. Prior to that, a judge had already dismissed some of the counts against the defendants.

After the original Rock Band launched in 2007, there were widespread reports of issues, including guitar controller problems and cracking bass drum pedals. Harmonix and EA said they would replace or fix faulty controllers.

But it was the cracking drum pedals and Harmonix's later move to more tightly control product returns that prompted Morgan to file the class action lawsuit last year. The original complaint claimed that the foot pedal was defective, and it fractured "under ordinary and expected usage, thus rendering the pedal inoperative."

The plaintiff was seeking reimbursement for Rock Band kits, and for the defendants to stop selling the allegedly defective products. Harmonix and MTV Games stood by its product, stating at the time of the suit, "When used as directed, our drum pedals are designed to provide years of enjoyment. … This litigation is opportunistic and baseless."