Flo Milli Never Lose Me Lawsuit Dismissed With Prejudice

By Miles Carter, November 10, 2026

A Nov 6, 2026, order by Judge André Birotte Jr. in C.D. Cal. dismissed copyright claims over Flo Milli's 2023 single "Never Lose Me." In Shamar Deal v. Gerald Henry, 2:25-cv-05872-AB-E, Document 112 grants Sony Music Entertainment's motion to dismiss the second amended complaint, a motion Empire Distribution, Inc. joined. The order states, "Defendant's Motion to Dismiss Plaintiff's SAC with prejudice is GRANTED. This case is therefore DISMISSED without leave to amend."

What the Nov 6 order held

Deal, a Baltimore-based artist, filed suit on June 27, 2025. He alleged that in 2019 he bought a 10-year, $200 exclusive license to producer Gerald Henry's beat "Youu" (Henry is also identified as Gerreaux Katana) on Traktrain, that Henry later licensed it for Babyface Ray and 42 Dugg's "Ron Artest," and that a sample appeared on "Never Lose Me." Those claims are allegations, not findings. Billboard reports it peaked at No. 15 on the Hot 100.

The court dismissed the case for lack of standing under 17 U.S.C. § 204(a), holding that Deal had not plausibly alleged a valid exclusive license. The agreement was signed by Traktrain operator Nick George, not by Henry or an authorized agent, and the court said listing the beat, accepting payment, and later emails did not show that Henry adopted it with the intent to sign. Further amendment would be futile. The court did not reach the infringement claims on the merits.

On June 30, 2026, the court had dismissed Deal's first amended complaint without prejudice and with leave to amend, on the same signature problem. Deal filed the second amended complaint on July 21, 2026.

What remains open

The Nov 6 order directs defendants to file a proposed judgment within 10 days and gives Deal five days after that to object. A CourtListener / RECAP docket opened Nov 10, 2026, shows Document 112 as the last known filing and no entered judgment.

Deal's attorney Larry Zerner told Billboard, which obtained the ruling, that they "respectfully disagree" and plan to appeal. "Shamar Deal paid for an exclusive license to this beat," Zerner said. "We're confident the Ninth Circuit will see it that way." David Given, a lawyer for Babyface Ray and EMPIRE, told Billboard, "Our clients are grateful for the court's carefully reasoned decision dismissing the case for copyright infringement against them."

KAZI recently covered Flo Milli's later Throw That Money single ahead of FLO STATE.