(Bloomberg) -- A federal judge has denied McDonald Corp.’s request to throw out a discrimination lawsuit brought by media mogul Byron Allen, reigniting a campaign helmed by the businessman to gain more advertising for Black-owned media companies.

The McDonald’s motion was denied “for improperly referencing materials outside the pleadings,” U.S. District Judge Fernando Olguin in Los Angeles said in his ruling Friday. The ruling requires McDonald’s to respond to Allen’s lawsuit by Jan. 27.

In May, Allen’s Entertainment Studios Networks Inc. sued McDonald’s, claiming the fast food chain discriminates against Black-owned television networks like his Weather Channel by almost exclusively spending its advertising dollars with White-owned stations. The lawsuit, which seeks $10 billion in damages, is part of a movement by Allen to correct what he deems is a long-running bias against Black-owned businesses.

Read more: Byron Allen Goes to Court Again for Black-Owned Media (1)

“We look forward to presenting our enormous evidence in court, which will prove the systemic racism at McDonald’s,” Allen said in a statement. “And I firmly believe the board at McDonald’s should fire the CEO Chris Kempczinski immediately.”

McDonald’s couldn’t be immediately reached for comment after regular business hours.

McDonald’s spends less than $5 million, or 0.3% of its annual $1.6 billion advertising budget, with Black-owned media companies, according to the original complaint. The TV producer and entrepreneur, who is African-American, has said advertisers should spend at least 5% of their budgets with companies such as his.

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