Nielsen Moves To Dismiss Bubba's Counterclaim

Motion

NIELSEN AUDIO's response to BUBBA THE LOVE SPONGE's counterclaim in the TAMPA ratings tampering case was filed MONDAY, and rather than a point-by-point refutation, the company has filed a motion to dismiss the counterclaim as a "blatant shotgun pleading" that "consists of page upon page of irrelevant factual allegations with the thinly-disguised purpose of slinging mud at NIELSEN's reputation." 

"Even if there were any shred of truth to these purported facts, which there is not," NIELSEN's motion asserts, "Defendants make virtually no attempt to link any of these allegations to the elements of the specific claims being pled. This is a classic shotgun pleading which leaves NIELSEN to guess as to which fact allegations are intended to support each claim."  NIELSEN's argument is that BUBBA's counterclaim does not show which facts alleged in the filing are tied to which claims, and that the counterclaim fails to state proper claims under FLORIDA law.

BUBBA CLEM won the right to file a counterclaim in MARCH after showing good cause for delayed filing, namely NIELSEN's 80,000 page discovery document dump and NIELSEN's demands that some information be redacted and the late maturation of the counterclaim (specifically, BEASLEY's termination of its contract with NIELSEN in DECEMBER 2016). Judge JAMES D, WHITTEMORE previously rejected NIELSEN's argument that the counterclaim should have also included COX MEDIA GROUP as a co-defendant.

BUBBA's counterclaim alleges that NIELSEN and COX, owner of BUBBA's former station Talk WHPT (102.5 THE BONE)/TAMPA, conspired to interfere with BUBBA's employment by crosstown BEASLEY Rock WBRN and his advertisers; that NIELSEN de-installed PPM panelists shown to listen to BUBBA; and that COX and NIELSEN conspired in a "sting operation" using an individual named NICHOLAS TABACHUK to gather "evidence" against BUBBA, leading to WBRN's delisting and BUBBA's ultimate dismissal.  NIELSEN's motion claims that the counterclaim is not specific enough about the contractural arrangements between BUBBA and BEASLEY and BUBBA, BEASLEY, and advertisers with which NIELSEN is alleged to have interfered.

A mediation hearing in the case has been rescheduled for MAY 11th; it was initially scheduled for FEBRUARY 2nd but has been rescheduled three times.  A pretrial conference is set for MAY 12th.

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