5:40 PM PT -- Sipes' attorney -- Colin Jones, a partner at the Wilshire Law Firm -- tells TMZ, "We gave the defendant's months to settle this claim without litigation, but when they failed to be accountable for their actions, we were left with no choice but to file suit to seek justice for our client."

Drake, Odell Beckham Jr. and Kourtney Kardashian's ex are being sued by a guy who claims he was viciously beaten by a gang of thugs and Drake and Beckham were behind it.

Bennett Sipes claims in a new lawsuit, obtained by TMZ, he was at Delilah nightclub in WeHo when there was a confrontation inside between himself and the defendants. When he attempted to leave the VIP area, he says Drake gave the "throat slash" hand gesture.

As he was attempting to enter the restroom, he says he was attacked by Younes Bendjima, Kourtney Kardashian's ex, along with members of Drake and Beckham's entourage.

The video shows the brutal fight. Sipes says he continues to incur medical bills and suffers "extreme mental anguish and physical pain."

As TMZ first reported, a source at the club told us Sipes "talked smack" as he approached the group.

Sipes filed a police report, but changed his mind and dropped it ... at least criminally.