Michael Baisden Denies He Owes Cumulus $1 Million In 'Overpayments'
June 10, 2014 at 4:20 AM (PT)
In MARCH of last year (NET NEWS 3/20/2013), CUMULUS MEDIA NETWORKS syndicated radio host MICHAEL BAISDEN posted a commentary on his FACEBOOK page, writing "It’s Not About The Job It’s About The Journey (Yes, I'm leaving radio)." At the time, BAISDEN claimed CUMULUS MEDIA NETWORKS locked him out during stalled contract negotiations.
Then, 14 months later (NET NEWS 5/28), CUMULUS filed a lawsuit in U.S. District Court in DALLAS, alledging BAISDEN and his production company were accidentally paid for 15 months after he left. The company is seeking $1 million from BAISDEN.
Now, BAISDEN and his lawyers have responded in a court filing, writing, "The contract dispute outlined in Radio Networks’ Complaint is not the product of any deliberate act by BEI or BAISDEN, nor does it result from a cavalier disregard of contractual provisions by Defendants, as the Plaintiff repeatedly suggests. Nor has BAISDEN or BEI ever conceded that a contractual 'overpayment' was ever made, as Plaintiff alleges. Nor has BAISDEN or BEI 'steadfastly refused' to return such alleged 'overpayment'. In addition to the fact that there is no agreement between the parties that provides for refunds of 'overpayments' in these circumstances, even assuming arguendo an 'overpayment' had been made, the core dispute results from Radio Networks’ refusal to abide by the terms of its agreement with defendants, including the obligation to allow a full and fair audit of Radio Networks’ books and records that would address, among other irregularities, the reasons for a dramatic and unprecedented diminution in revenues applicable to the MICHAEL BAISDEN show during the last several months of the parties’ agreement. BEI and BAISDEN contend that the evidence, once developed, will demonstrate that it is Radio Networks that has breached the agreements, the result of which would relieve BEI and BAISDEN from the requirement, if any, to make any payments to Radio Networks."
BAISDEN's lawyers ask the court:
- that the court enter a judgment dismissing the Complaint and all claims stated therein with prejudice and discharging Defendants from all liability thereunder;
- that Defendants be awarded their attorneys’ fees and expenses of litigation incurred in defending this action;
- that all costs of this action of this action be taxed against Plaintiff; and
- that the court award Defendants such other and further relief as it may deem just and proper.
BAISDEN's Business Mgr. PAMELA YVETTE EXUM told ALL ACCESS she had no comment beyond what the legal filing said.