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Judge Enters Default Order Against Direct Media Power In Radio One Suit
October 13, 2016 at 6:18 AM (PT)
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A U.S. District Court judge has entered an Order of Default against direct-response advertising agency DIRECT MEDIA POWER, INC., the defendant and counterclaimer in a lawsuit by RADIO ONE for breach of contract. Judge VIRGINIA M. KENDALL entered the order on OCTOBER 3rd, noting that DMP "failed to cooperate in the Discovery process and failed to respond to Plaintiff's motion to compel." The case was terminated and an additional prove-up hearing has been scheduled for OCTOBER 26th.
RADIO ONE sued DMPI for failure to pay $1.3 million of $1,909,503.25 owed for spots aired between OCTOBER 2014 and OCTOBER 2015; DMPI contended that scripts and audio called "Federal Tax Relief 9.20.2009," "Tax Hotline 9.20.2009." "Success Tax Relief 7.25.2013," "Consumer Tax Hotline," "National Student Loan Relief 10.12.12," and "Federal Student Loan Relief Script 6.13.2013" were used by RADIO ONE with changed phone numbers in the copy, and counterclaimed with allegations of "contributory copyright infringement, tortious interference with prospective economic advantage, and breach of contract" through unauthorized use of DMPI scripts in spots for other clients, including tax and student loan relief services.