Empire creator Lee Daniels and lead actor Terrence Howard have called for the lawsuit suing them for ripping off the idea for the show to be thrown out.

Ron Newt sued the show for a billion dollars, claiming the idea was ripped off his film on his life as a gangsta pimp. Howard was in line to play the lead, but later turned it down and Newt claims he later sold the idea to Daniels.

According to TMZ, the main respondents Daniels and Howard have filed their response, and are calling for the suit to be summarily dismissed .

“Daniels says Newt’s unsuccessful effort to break into the music biz as “manager of his sons’ teen bubble gum pop trio,” is nothing like the successful Lyon family on “Empire.” The site reports.

The pair also argue “Newt’s story is so violent and s*xually graphic, it could never have aired on network TV.”