Judge Threatens to Dismiss Arbitron’s Lawsuit Against Renda

A Federal Judge has directed Arbitron to amend its complaint against Renda Broadcacting in Jacksonville.

Last week Arbitron filed a lawsuit against Renda alleging copyright infringement.  Renda, an Arbitron subscriber in other markets but not Jacksonville, reportedly received ratings information for Jacksonville from an unnamed ad agency.

Arbitron claims this went on between May 2011 and December 2012, first in the form of paper copies, then by email.

Renda operates four Jacksonville FM stations: WEJZ (96.1), WGNE (99.9), WSOS (94.1) and WMUV (100.7).

Now, Federal Judge Marcia Morales Howard, from  U.S. District Court for the Middle District of Florida, has called the complaint an "impermissible shotgun pleading" containing "irrelevant factual allegations and legal conclusions."

According to the Pittsburgh Post-Gazette, she has requested an amendment be filed by July 26 or the suit faces possible dismissal.  Jacksonville law firm Gunster, Yoakley & Stewart filed the suit on behalf of its client Arbitron.

The plaintiff asks for at least $150,000 per infringing act, plus attorney fees and enhanced damages, along with injunctive relief and at least $500,000 for inducement of the agency to infringe on the copyright.