A federal judge in Manhattan has allowed Drake’s legal team to serve a key third-party witness using alternative methods, after repeated attempts at personal delivery failed in the rapper’s ongoing lawsuit against Universal Music Group (UMG).
In a memorandum opinion filed on August 6, Judge Jeannette A. Vargas granted the motion permitting service of a subpoena on Kojo Menne Asamoah, who Drake claims has knowledge of UMG’s alleged efforts to manipulate streaming numbers tied to a recording the artist says is defamatory. “Plaintiff alleges that Mr. Asamoah possesses knowledge relating to UMG’s use of covert tactics to promote the Defamatory Material,” the court wrote, “including because Plaintiff believes that Mr. Asamoah was involved in directing payments and/or financial incentives from UMG to third parties involved in online botting.” Drake’s legal team has listed Asamoah as a relevant witness in their initial disclosures.
Judge approves alt service after $75K search
According to court filings, process servers made eleven separate attempts to locate Asamoah at various addresses and times of day, to no avail. Drake’s team also hired a private investigative firm to aid the search. “Despite several days of surveillance, the investigative firm was unable to personally identify Mr. Asamoah,” the filing noted, adding that the efforts resulted in “over $75,000 in costs.”
The court ultimately deemed alternative service justified. The judge authorized the subpoena to be mailed and posted “to the door at the five physical addresses listed in Plaintiff’s memorandum of law,” and sent to “the three email addresses listed in Plaintiff’s memorandum of law.” The ruling cited similar precedents within the district where alternative service was permitted when it was “reasonably calculated under the circumstances to provide [the recipient] with both notice and an opportunity to present objections.”
Drake, whose amended complaint accuses UMG of both defamation and deceptive business practices, alleges the label covertly funded campaigns to boost the spread of the recording. UMG has not publicly responded to the alternative service ruling. The broader claims remain under review, with neither side showing signs of backing down. As this case unfolds, the court’s decision signals a shift in procedural momentum for the rapper. But whether the facts behind these serious allegations will hold up remains to be seen.
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