Universal Music has submitted a motion to dismiss Drake’s request for pre-suit deposition in Bexar County, Texas, arguing that the rapper has failed to present sufficient evidence to support his claims that the company artificially inflated and promoted Kendrick Lamar’s track “Not Like Us.”
In November 2024, Drake filed two actions—neither of which were lawsuits—beginning with a petition in New York accusing UMG of collaborating with Spotify, and a second petition against UMG in Texas.
After withdrawing the New York petition to clear the way for a lawsuit, Drake’s Texas petition remains active, prompting UMG to file for dismissal.
UMG argues for the dismissal of the petition on the grounds of protected free speech, invoking the Texas Citizens Participation Act (TCPA).
This act is designed to shield individuals from lawsuits that aim to intimidate or silence them on issues of public interest. The motion asserts that Drake’s petition was filed under Texas Rule of Civil Procedure 202, a rule intended to punish those exercising their First Amendment rights by intimidating them.
The motion further explains that the TCPA shifts the burden of proof onto Drake, requiring him to provide solid evidence for the claims made in his petition. One such claim alleges that UMG directed payments to iHeartMedia, the largest radio network in the U.S., as part of a “pay-to-play” scheme to promote the song on the airwaves.
UMG contends that Drake has not met this burden, asserting that he has no admissible evidence to support his allegations. The motion specifically points out that Drake “provides nothing outside of his verified petition” and lacks the necessary evidence for a pre-suit deposition.
Additionally, UMG criticizes Drake’s sources in his petition, dismissing them as hearsay, as they come from unnamed and unidentified out-of-court declarants, which are not acceptable as evidence.
As a result, UMG is requesting the court to dismiss the petition and suspend all related discovery until a ruling is made. They also ask the court to order Drake to cover the costs and attorney’s fees associated with their defense.
In a separate filing in New York on the same day, Drake’s attorney submitted a letter supporting UMG’s request for an extension of time to respond to his complaint. The letter notes that this extension is likely in anticipation of UMG’s forthcoming motion to dismiss Drake’s case.
Drake’s ongoing legal battle stems from his rivalry with Kendrick Lamar, which intensified after Lamar released a provocative verse in early 2024 on Future and Metro Boomin’s track “Like That.”
This set off a series of diss tracks, with Lamar’s “Not Like Us” emerging as the most successful and widely recognized hit of the feud, widely seen as a significant blow to Drake.