Label Dismisses ‘Not Like Us’ Petition, Citing Insufficient Proof 📄

UMG is requesting a Texas court to dismiss Drake’s pre-action petition from November, asserting that the Toronto rapper, under Republic Records, lacks sufficient evidence to support allegations of payola linked to Kendrick’s diss track.

The label contends that the promotion and release of the song are protected under First Amendment rights. Court documents claim, “Since [Drake’s] petition is connected to and was initiated in response to UMG’s safeguarded free speech, and because [Drake] fails to meet the burden of proving through clear and specific evidence that he deserves pre-suit discovery, the Court should dismiss [Drake’s] retaliatory legal action against UMG.” The filing further mentions, “[Drake] offers nothing beyond his verified petition, which in itself cannot form the evidentiary basis for a petition. Even when analyzing the petition […] there exists no evidentiary backing for his asserted necessity for pre-suit deposition of UMG.”

Nonetheless, UMG has labeled Drake’s claim of secretly directing payments to radio stations for airplay of “Not Like Us” as simply “hearsay” and “not admissible as evidence.”

UMG Seeks to Dismiss Drake’s Petition, Citing Legal Maneuvers Against “Not Like Us”

UMG contends the petition should be thrown out, arguing that the rapper filed it in the incorrect court and has already pursued a defamation lawsuit in New York federal court earlier this month.

The label asserts that rather than addressing Kendrick Lamar directly, Drake has resorted to calculated legal actions against UMG and others, seemingly to coerce a decrease in the distribution of “Not Like Us.” The motion accuses him of initiating a nationwide effort to intimidate and retaliate against UMG for exercising its First Amendment rights. Besides seeking the petition’s dismissal, Universal is requesting that Drake bear their legal expenses. They are asking for a hearing to be arranged within 60 days and are urging the court to halt all discovery processes until a ruling is established.

Drake and his legal team have remained silent regarding the situation. A hearing is scheduled for January 28 to determine if the rapper can subpoena UMG and iHeartMedia personnel for possible testimony in a future case.