Drake's New Mexico Stake Case Stays Partly Paused

By Miles Carter, November 15, 2026

A federal judge in New Mexico has kept most of a proposed class action against Drake, Stake operator Sweepsteaks Limited and streamer Adin Ross on hold, while leaving Drake's and Ross's bids to exit the case alive.

What the order does

Chief U.S. District Judge Kenneth J. Gonzales signed the order on Nov 13, 2026, in Torres v. Sweepsteaks Limited, No. 1:25-cv-01292. It stays the case except for the two men's pending motions to dismiss for lack of personal jurisdiction. Those motions are fully briefed, per a joint status report filed Nov 11, 2026.

Still paused is the expected push to send the claims to arbitration, along with discovery, which an Aug 17, 2026 order froze. The parties must report back on Feb 11, 2027, or within 14 days of a ruling on arbitration in Urdan v. Sweepsteaks Limited, a similar case in Illinois federal court, whichever comes first.

What the filings say

The suit began in Bernalillo County state court and was moved to federal court in December 2025. According to the notice of removal, the plaintiffs claim Stake is an illegal gambling website under New Mexico law, a claim the defendants call erroneous. They bring claims under the state's Unfair Practices Act and for unjust enrichment. Their opposition brief alleges Stake pays Drake and Ross millions of dollars a year to promote it.

In his motion, Drake, filing as Aubrey Drake Graham, argues the plaintiffs "have not shown, and cannot show," that he aimed his conduct at New Mexico or its residents. The court has not ruled on any of the allegations.

A related Virginia case was sent to arbitration and stayed in July 2026, Music Business Worldwide reported.