Tuesday, April 11, 2017

Nielsen Asks Court To Toss Bubba's Counterclaim

Nielsen has asked a Florida court to toss a recently filed counterclaim filed by Bubba 'The Love Sponge' Clem, calling it "a blatant shotgun pleading".

In the filing Clem accused Nielsen of conspiring with Cox Media Group to entrap him in a ratings distortion sting.

In the motion to dismiss Nielsen says the conspiracy theory claim "consists of page upon page of irrelevant factual allegations with the thinly disguised purpose of slinging mud at Nielsen’s reputation,” Nielsen attorney Mark Ragusa writes in the 12-page Motion filed in U.S. District Court for the Middle District of Florida.

Nielsen calls it a “classic shotgun pleading” that leaves it guessing who did what in Clem’s conspiracy claims. In legal circles, a “shotgun pleading” refers to a complaint or an answer to a complaint that includes an excessive number of facts with no clear organization, and then asserts that those facts describe a cause of action or a defense.

But even setting aside what it calls the “obvious defects” in Bubba’s countersuit, Nielsen says it should be dismissed because it doesn’t provide “any plausible claim for relief under the standards [of] the U.S. Supreme Court.”

Nielsen reminded the Judge that a counterclaim should contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” But all of Clem’s counterclaims are directed at joint actions of Nielsen and Cox “without distinguishing who did what or how liability should be apportioned among them,” Nielsen argues.

Clem claims Nielsen and Cox undertook actual and overt actions in this conspiracy. And as a result he and his Bubba Radio Network suffered and will continue to suffer damages in an amount to be proven at trial, which is expected to start in June.

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