A Los Angeles federal choose set a December trial date for Post Malone in a lawsuit that claims he did not credit score a co-writer of his smash-hit “Circles,” and the star’s attorneys say he might be there to take the witness stand.
The Wednesday (Aug. 24) order got here after attorneys for Malone (actual identify Austin Richard Submit) requested to push again the trial from October 11 to December 13, citing “pre-existing tour commitments” together with two exhibits at Madison Sq. Backyard that have been already “considerably offered out.”
Attorneys for his accuser, Tyler Armes, stated they’d comply with the delay however provided that the star himself promised to take the stand. And in a submitting earlier this week, Malone’s legal professional David A. Steinberg stated that will not be a problem.
“Defendant Submit was ready to look voluntarily on the unique trial date [and] the one cause for his request to adjourn was due to his touring commitments,” Steinberg wrote. “There was by no means meant to be to any ambiguity concerning his dedication, as he totally intends to look to refute plaintiff’s claims.”
Armes, a Canadian producer and songwriter, sued Malone in 2020, claiming he had performed a key position throughout an August 2018 studio session and deserves co-credit for an early track that later grew to become “Circles.”
When he first heard Malone’s ultimate track, Armes says he texted Dre London, Malone’s supervisor, who responded: “Simply confirmed Posty the message/ He stated he remembers/ U performed a tune on the bass then he performed extra of it after.” Although he was provided a 5% credit score on the track, he demanded extra and finally filed his lawsuit in April 2020.
Searching for to have the case tossed out forward of trial, Malone and producer Frank Dukes have stated solely that they had “veto energy” throughout the three-man session with Armes. However U.S. District Decide Otis D. Wright ruled in April that the case was too near name and would wish to move to trial.
“Whereas Dukes could have managed the laptop computer, nothing means that he or Submit possessed any particular veto or decision-making energy that Armes didn’t,” the choose wrote on the time. “Armes’s proof, if credited, helps the discovering that the three musicians shared equal management within the session, making nonhierarchical contributions to a unitary complete.”
Along with delaying the trial on Wednesday, Decide Wright additionally rejected one other latest effort by Malone’s attorneys to dismiss the case totally.
In a scathing movement final week, Malone’s attorneys accused Armes of hiding sure texts, together with extra messages to Dre London, that will have been essential to Malone’s protection. Claiming Armes “deliberately misled the Courtroom for his personal tactical benefit” and was “making a mockery of the judicial course of,” they requested the choose to toss the case out as punishment.
However on Wednesday, Decide Wright stated Malone was not entitled to any sanctions in opposition to Armes in any respect, not to mention a case-ending punishment: “Defendants fall wanting the required displaying for any such sanctions, together with financial sanctions, by a large margin.”
An legal professional for Malone didn’t instantly return a request for touch upon Friday.