Drake‘s legal battle with Universal Music Group over Kendrick Lamar’s diss track, “Not Like Us” could be set to take another dramatic turn. The music label has asked a Texas court to toss out the pre-action petition he filed against them in November.
UMG filed a motion to dismiss in Bexar County on Thursday, January 23. They claim that the Toronto rapper, signed to them through Republic Records, lacks sufficient evidence. This evidence is needed to support his allegation of them engaging in payola to spread Kendrick’s hit diss song.
The company also argues that the release and promotion of the track are protected under the First Amendment.
“Because [Drake’s] petition is related to and was filed in response to UMG’s protected free speech, and because [Drake] cannot carry his burden to establish by clear and specific evidence that he is entitled to pre-suit discovery, the Court should dismiss [Drake’s] retaliatory legal action against UMG,” the filing reads.
UMG continues: “[Drake] provides nothing outside of his verified petition, which alone cannot provide an evidentiary basis for a petition. Even looking into the petition […] there is no evidentiary support for his asserted need for pre-suit deposition of UMG.”
The music giant also refutes Drizzy’s claim. They state that secretly funnelling payments to radio stations to play “Not Like Us” is “hearsay.” It is “not admissible as evidence.”
UMG further argues that the petition should be dismissed. They claim the 6 God “did not file [it] in a ‘proper court’” as required by state law. He has “already filed suit on his potential claims, obviating any need for pre-suit discovery.” This references the defamation lawsuit he filed against UMG in federal New York court earlier this month.
They additionally claim that instead of addressing his grievances with Kendrick Lamar, Drake has chosen a different approach. He has resorted to strategic legal retaliation against UMG and others. This is in an apparent effort to pressure them to limit the distribution of ‘Not Like Us.’”
They describe his recent wave of legal filings as a nationwide effort. It is intended to harass and retaliate against UMG for exercising its free speech rights.
Universal are not only looking to have the petition thrown out, but they also want Drake to cover their legal fees. They are also requesting a hearing on their motion to be scheduled within 60 days and the court to “suspend all discovery related to this matter” until a ruling has been made.
Drake and his legal team have yet to respond to the filing, but a hearing is currently scheduled for January 28 to determine whether the rapper can depose employees of UMG, as well as iHeartMedia, for a potential future lawsuit.
This hearing may not go ahead as planned, however, if the petition is dismissed or a delay is ordered by the judge.
