Judge Strikes Arbitron Complaint Vs. Renda, Arbitron Quickly Refiles
June 26, 2013 at 5:26 AM (PT)
ARBITRON will have until JULY 26th to refile its lawsuit against RENDA BROADCASTING (NET NEWS 6/24) for unauthorized use of ratings data for the JACKSONVILLE market after Judge MARCIA MORALES HOWARD ruled that the initial complaint was a "shotgun pleading," defined in a previous case as a complaint that “contains several counts, each one incorporating by reference the allegations of its predecessors, leading to a situation where most of the counts... contain irrelevant factual allegations and legal conclusions."
HOWARD issued an order MONDAY (6/24) that said, "the Court is faced with the onerous task of sifting out irrelevancies in order to decide for itself which facts are relevant to a particular cause of action asserted. Here, each subsequent count of the three counts in the Complaint incorporates by reference all allegations of each of the preceding counts." The complaint alleged violations of both federal copyright law and state unfair trade practices law.
HOWARD's order strikes the complaint and orders ARBITRON to file an amended complaint by JULY 26th or face dismissal.
Late TUESDAY, ARBITRON's amended suit was filed with the court, alleging the same basic facts.