's producer of the "This Is It
" tour just got a break in the wrongful death
lawsuit filed by Katherine Jackson
-- he's been dropped as a defendant ... TMZ has learned.
was sued by Katherine, who claimed he was part of AEG's alleged plan to give Michael anything he needed in order for him to perform.
, Kevin Boyle, tells TMZ, "Based on recently discovered information
, the Jackson family has determined that Mr. Ortega should not be a defendant," adding, "The Jackson Family apologizes for any discomfort or inconvenience this may have caused Mr. Ortega."
It's always a discomfort to be sued for wrongful death.