Tampa Radio: Bubba Files For Dismissal of Nielsen Lawsuit

Bubba the Love Sponge Clem has again moved that a $1 million lawsuit filed against him and the Bubba Radio Network by Nielsen Audio Inc. be dismissed.

According to the Tampa Bay Business Journal, Clem's motion to dismiss, filed on Friday in the U.S. District Court Middle District of Florida in Tampa, came after Nielsen amended its original complaint, which focused on alleged ratings tampering.

Nielsen filed the original lawsuit in mid-October, seeking punitive damages; it filed the amended complaint in late November, restating its case and upping its accusation of tampering from one incident to five.

Clem's newest motion to dismiss reiterates many in his first, including that the case is not suitable for federal court; that $1 million is a hefty price tag; that Nielsen has not been harmed by the incident; and that having admitted, apologized and been suspended, he has adequately been punished. His first motion to dismiss was deemed moot once Nielsen filed the amended complaint, according to Clem's attorney Todd Foster.

"Nielsen's first complaint described an isolated dispute that had already come to rest via an apology; suspension; and de-listing," the newest motion to dismiss states.

Additionally, Clem suggests any further contact between listeners and himself was initiated by them, not him. "Nielsen has not provided ... properly pled allegations that defendants systematically designed and carried out a multi-panelist cash-for-listens scheme that caused at least $75,000 in damages — let alone 'not less than' seven figures of damages — to Nielsen and the industry at large," it states.

Clem has said publicly on air in recent weeks that he's unsure if his show will be broadcast in Tampa after the new year. Beasley Media Group, operator of WBRN 98.7 FM, declined to comment.