A federal judge has now set the briefing schedule for the next phase of the escalating legal fight between Cumulus Media and Nielsen, as both sides prepare to litigate Nielsen’s counterclaims over alleged data sharing with Eastlan Ratings.
In a February 12 scheduling order filed in the Southern District of New York, US District Judge Jeannette Vargas established a series of deadlines governing Cumulus’s response to Nielsen’s February 2 counterclaims.
The new timeline follows Nielsen’s accusations of Cumulus violating the parties’ 2023–2025 Services Agreement by allegedly sharing confidential Nielsen ratings data with Eastlan Ratings during early 2025. Nielsen is seeking damages, declaratory relief, and an injunction prohibiting further sharing or use of its data.
Cumulus’s original October antitrust complaint challenged Nielsen’s Network Policy and Subscriber First Policy as anticompetitive. On December 30, Judge Vargas granted Cumulus a preliminary injunction blocking enforcement of Nielsen’s Network Policy, finding Cumulus showed a substantial likelihood of success on its Sherman Act monopolization claims. The Second Circuit later granted Nielsen’s motion to stay that injunction pending appeal, meaning the injunction is currently not in effect.
Under Judge Vargas’s order, Cumulus must respond to Nielsen’s counterclaims by March 4, including any motion to dismiss. Nielsen must notify the court by March 16 whether it intends to amend its counterclaims or proceed on the current pleading.
If Nielsen does not amend, its opposition to any motion to dismiss will be due April 3, with Cumulus’s reply due April 17.
If Nielsen files amended counterclaims by April 3, Cumulus will have until April 24 to respond, including filing any motion to dismiss. Nielsen’s opposition would then be due May 15, with Cumulus’s reply due May 28. The order specifies that nothing in the schedule waives any defenses available to either party, including challenges to personal jurisdiction or venue.
An initial pre-trial conference remains scheduled for March 17, as the court now turns to motion practice over Nielsen’s counterclaims and the broader contractual and antitrust dispute that could reshape how radio ratings are priced and distributed.
