A U.S. district court has given media mogul Byron Allen permission
To proceed with his racial discrimination case against McDonald's Corp .
Allen claims in his $10 billion lawsuit that McDonald's discriminated against him by creating a distinct "African American tier".
For his business that has its own advertising agency and a lesser budget.
Allen may sue McDonald's for alleged civil rights violations under California and federal law, as stated by Judge Fernando Olguin.
Entertainment Studios Networks Inc. has been trying to get a deal with McDonald's since the company's inception in 2009.