Bubba The Love Sponge Files To Reverse Judge's Order Limiting Discovery Of Docs About Nielsen PPM Accreditation

Objection

Attorneys for BUBBA THE LOVE SPONGE have filed objections to an order by the magistrate judge in the lawsuit by NIELSEN AUDIO against the syndicated morning man and BUBBA's counterclaim, asserting that the judge erred in not allowing discovery of MEDIA RATINGS COUNCIL accreditation, or lack thereof, for NIELSEN in markets beyond TAMPA and outside a 2014-16 window, raising questions about NIELSEN PPM ratings' accuracy. 

The filing asserts that disallowing discovery about the wider question of PPM accuracy and the reasons for lack of accreditation in several markets makes it impossible for BUBBA to defend against the claims of causation and damages or prosecute his counterclaims that NIELSEN conspired with COX MEDIA GROUP to damage his career by ensnaring him in a PPM panel tampering charge.

In the objections, BUBBA's attorneys cite the lack of accreditation for PPM ratings in 22 of 48 markets, calling the information contained in documents related to that topic "crucial" and "wholly relevant and proportional to the needs of this case."  The objections contend that "NIELSEN’s reputation and disputes regarding the integrity of its data are highly relevant to this matter and continue to be heavily litigated issues, and...  NIELSEN’s alleged damages are based on concession demands that COX has made nationally for its NIELSEN contracts and not limited to TAMPA contracts only.... NIELSEN put its reputation and integrity of audience estimates and ratings system at issue and made them relevant topics for discovery." 

The attorneys also note that "if the integrity of NIELSEN’s ratings system has been called into question only due to Defendants’ alleged actions, then there should not be vast quantities of documents from MRC discussing other ratings issues unrelated to Defendants’ conduct. However, that is simply not true. NIELSEN knows that its ratings system has numerous flaws and hopes to thwart Defendants’ legitimate efforts to prove their claims and defenses."

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