(AllHipHop News) Rap star Jay-Z is accusing an older musician of trying to get over on a Judge in a massive copyright infringement lawsuit.
Back in May, Ernie Hines took legal action against Jay-Z in a $2 million complaint.
Hines accused Jay-Z, born Shawn Carter, of stealing his song “Help Me Put Out the Flame (In My Heart)” and Incorporated it into his track “Paper Chase.”
Ernie Hines, 81, claimed Jay-Z and producer Timbaland made millions by using his original work and even acknowledged him on the album credit for Vol. 2…Hard Knock Life, which featured the song.
Hines said he was an elderly musician who never knew Jay-Z and Timbaland had used his work, and that he never saw a dime the pair pocketed from their song “Paper Chase.”
Unfortunately for Ernie Hines, Jay-Z’s lawyer claim he submitted unapproved evidence in a reply to the rapper’s motion to dismiss the case.
“Plaintiff has even filed a new declaration purporting to add and change facts beyond those contained in his opposition papers,” Jay-Z’s lawyer Christine Lepera snapped. “It is axiomatic that the rules exist to provide parties with a fair opportunity to respond to motion submissions, and Plaintiff’s conduct brazenly ignores their requirements.”
Hov’s attorney told J. Paul Oetken that Ernie Hines’ reply to the court a thinly veiled effort to “have the last word on Carter’s motion to dismiss,” and asked for the legal filing to be stricken from the record.
Christine Lepera also claimed Hines failed in his attempt to serve Jay-Z and Timbaland within a court-ordered 90-day window.
“Plaintiff can offer no justifiable excuse, even in his improper surreply, for his lack of diligence in failing to properly request issuance of a summons as to Carter (and Mosley) for over two months after filing the Complaint, and in failing to serve or ask for more time to serve within the time frame confines,” Christine Lepera told the Judge.
Jay-Z lawyer is urging Judge Oetken to dismiss the entire lawsuit against Jay-Z and Timbaland.