Nielsen: Bubba Counterclaim Is A “Shotgun Pleading.”


In a new court filing, Nielsen is asking the judge in Bubba The Love Sponge’s alleged ratings tampering case to dismiss the shock-jock’s claim that the ratings firm conspired with Cox Media Group to get him off the air in Tampa. Nielsen says the counterclaim is nothing more than “wild and far-fetched accusations and should be dismissed as a blatant shotgun pleading.” Nielsen tells the judge Bubba’s counterclaim consists of page upon page of irrelevant factual allegations with the thinly-disguised purpose of slinging mud at Nielsen’s reputation.

Nielsen says even if there were any shred of truth to the facts, which there is not, Bubba makes 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. Even putting aside these obvious defects, the counterclaim should be dismissed because it fails to provide any plausible claim for relief under the standards the U.S. Supreme Court.”

Nielsen goes on to say that all of Bubba’s counterclaims are directed to joint actions of Nielsen and non-party Cox without distinguishing who did what, or how liability should be apportioned among them. “The specific counterclaims each incorporate by reference the preceding 62 paragraphs of general factual allegations, which not only fail to specify which allegations relate to each claim, but many of which are unrelated to any claim and are apparently included just to cast doubt on Nielsen’s reliability, veracity, and reputation.”

Bubba claims that Nielsen and Cox undertook actual and overt actions in this conspiracy. And, Bubba claims, that as a result of Nielsen and Cox’s malicious and unlawful actions, and their agreement and conspiracy to commit said actions, Bubba and BRN have suffered and will continue to suffer damages in an amount to be proven at trial.

A trial could begin in June on this matter.



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