Universal Music Files Motion to Dismiss Drake’s ‘Not Like Us’ Texas Petition Over Lack of Evidence
Universal Music has filed a motion to dismiss Drake’s petition for pre-suit deposition in Bexar County, Texas, citing lack of evidence in the rapper’s claims against the record company that it artificially inflated and promoted Kendrick Lamar’s “Not Like Us.”
Drake filed two actions in Nov. 2024 — both not lawsuits, to be clear — first, a petition in New York accusing UMG of conspiring with Spotify and a second against UMG in Texas. After Drake withdrew the New York petition to clear the path for a lawsuit, the Texas petition still stands, eliciting a response from UMG demanding dismissal.
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In yesterday’s 144-page filing, reviewed by Variety, UMG seeks dismissal of the petition under the guise of protected free speech and based on the Texas Citizens Participation Act, which “protects from retaliatory lawsuits that seek to intimidate or silence them on matters of public concern.” The motion states that Drake brought his petition under Texas Rule of Civil Procedure 202, which is “designed to intimidate and punish people for exercising their First Amendment rights.”
The motion explains that under the TCPA, the burden of proof shifts to Drake to provide clear evidence of claims made in his petition including one that UMG “funneled payments” to iHeartMedia, the country’s largest radio network, as part of a “pay-to-play scheme” to promote the song on radio.
UMG claims that Drake can’t show a burden of proof for numerous reasons, including the suggestion he has no admissible evidence. The motion is clear about that point, stating that Drake “provides nothing outside of his verified petition” and that there is “no evidentiary support for his asserted need for pre-suit deposition of UMG.” UMG discredits Drake’s sources from his initial petition, stating that “these claims from unnamed, unidentified out-of-court declarants are hearsay and are not admissible as evidence.”
UMG concludes its motion with a request to dismiss the petition and to suspend all discovery related to the matter until the court rules on it. UMG also requests that the court order Drake to pay its attorney’s fees and costs associated with its defense.
In a separate filing yesterday in New York, Drake’s attorney submitted a letter endorsing UMG’s request for an extension of time to respond to his complaint. According to the letter, this was made in anticipation of UMG filing a motion to dismiss Drake’s case in the foreseeable future.
The ongoing legal war waged by Drake stems from his historic rap battle with Kendrick Lamar, which kicked into full gear after the latter dropped a fire-starting verse in early 2024 on Future and Metro Boomin’s “Like That.” What ensued was a back-and-forth between Drake and Lamar that culminated in a flurry of diss tracks including Lamar’s “Not Like Us,” which inevitably became the biggest hit from the battle and was arguably a finishing blow to Drake.
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