The Chicago songwriter claiming R&B queen Beyonce Knowles and Destiny's Child pick-pocketed his song is getting his day in court. The lawsuit, which was filed in 2006 by songwriter/performer Rickey Allen alleges that Beyonce stole the title, lyrics and overall theme of 'Cater 2 U,' a song that appeared, under the same spelling, on Destiny's Child's 2004 compilation 'Destiny Fulfilled.'

Allen copyrighted his 'Cater 2 U' in the mid-1990's, performing the tune around Chicago and updating its copyright three times, most recently in 2000. He claims he delivered a copy of his song to Chicago producer Maurice Joshua, who Allen planned to collaborate with on a demo. Though the demo never came to fruition, Joshua later recorded a song with Destiny's Child, but claims he never had a copy of Allen's song.

A Chicago judge has ruled that enough evidence exists for Allen's case to go before a jury in Chicago's federal court, citing Joshua as a plausible link between Allen and Knowles."Do we say [Beyonce's] responsible for copying? Yes. But there's no such thing as innocent copying, even if it's unintentional," argued Allen's lawyer. "The jury will decide the notion that these are simple coincidences."

Since Knowles claims to have been the source for Destiny's Child's 'Cater 2 U,' she is expected to take the stand in court. "She is perhaps the most important witness for the defendants," her lawyers stated in a court filing. The case has been delayed due to conflicts in Beyonce's schedule, but is currently set for Dec. 10.