At a pre-trial convention this morning in New York, Choose Jeanette Vargas dominated that the invention course of in Drake’s defamation lawsuit over Kendrick Lamar’s Not Like Us can start.
Common Music Group (UMG) requested the US federal court docket decide for a keep of discovery within the lawsuit on March 18, a day after the corporate filed a movement to dismiss the case.
As reported final week, Drake’s authorized crew pushed again towards the request to pause the evidence-gathering course of.
Following the choice made at this morning’s pre-trial convention, the invention course of for each events can now transfer ahead.
UMG’s movement to dismiss continues to be pending, with a listening to date set for June 30.
In a letter to Choose Jeanette A. Vargas filed final Wednesday (March 20) and obtained by MBW, Drake’s lawyer Michael J. Gottlieb argued that UMG’s request to freeze discovery ought to be denied.
“UMG has failed to satisfy its burden,” Gottlieb claims within the four-page letter, arguing that UMG’s movement to remain discovery “fails on all three components” courts contemplate when evaluating such requests.
Gottlieb’s letter referenced the court docket’s personal assertion that “it’s not the follow of this Courtroom to routinely keep discovery pending the result of a movement to dismiss,” highlighting that such pauses are the exception moderately than the rule.
The submitting arrived simply at some point after UMG requested the court docket for a keep of discovery, with UMG lawyer Rollin A. Ransom arguing that “courts on this District have emphasised that defamation defendants have to be protected against pointless discovery to safeguard First Modification protections.”
Drake’s lawsuit towards UMG, filed in January, alleges that the corporate promoted a “false and malicious narrative” about Drake through the content material of the lyrics, single art work and music video for Not Like Us.
At present’s choice over discovery is the most recent improvement within the authorized fallout from one in every of 2024’s greatest hits and a high-profile rap feud.
Not Like Us was launched in Might 2024 as a part of a collection of diss tracks exchanged between Drake and Lamar.
This improvement follows Drake’s withdrawal of his earlier authorized petition towards Common Music Group and Spotify in January, which had accused the businesses of artificially inflating streams for Lamar’s observe.
UMG filed a movement to dismiss the case on March 17, arguing that diss tracks are “protected opinion” that may’t be legally handled as an announcement of reality.
Drake “misplaced a rap battle that he provoked and through which he willingly participated,” the movement asserted.
“As an alternative of accepting the loss just like the unbothered rap artist he typically claims to be, he has sued his personal file label in a misguided try to salve his wounds.”
The movement additionally asserted that Drake’s criticism has not established “precise malice” on the a part of UMG. Underneath US defamation regulation, it’s not sufficient for a plaintiff to show that an individual or firm unfold false details about them – additionally they have to indicate that the false data was unfold maliciously.
“UMG launched a rap diss observe, conveying fiery rhetoric and insults – not factual assessments, a lot much less false ones,” UMG’s movement said.
In response to right now’s ruling, Drake’s lead lawyer, Michael Gottlieb, Accomplice at Willkie Farr & Gallagher issued the next assertion:
“Now it’s time to see what UMG was so desperately making an attempt to cover.”
MBW has reached out to Common Music Group for remark.
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