Tampa Radio: Nielsen vs. Bubba Trial Delayed Yet Again

Nielsen Audio’s ratings tampering case against the controversial Tampa shock jock Bubba the Love Sponge Clem and his Bubba Radio Network Inc. has been delayed yet again.

The trial had been set for June 18. But, following a recent hearing, U.S. District Court Judge James D. Whittemore has set a new trial date of July 23, according to Tampa Bay Business Journal citing court filings.

When it does get to trial in federal court in Tampa, the highly publicized civil case is expected to run seven days, according to court filings. In setting the new trial date, the judge told the lawyers for both sides that they should set aside July 20 as a date for a possible pre-trial hearing.

Nielsen originally filed it ratings tampering lawsuit in late 2015. The company said it was seeking $1 million in punitive damages for what it alleged was the “willful, wanton and malicious nature” of Clem’s actions.

In its lawsuit, the media company alleged that Clem, a broadcaster for 30 years, learned from a longtime listener of his show that another listener was selected as a Nielsen panelist and that four devices, known as a Portable People Meters or PPMs, were being sent for monitoring. Through in-person meetings, phone calls and texts, Clem allegedly offered to pay the listener $300 a month to manipulate the monitoring, Nielsen alleged in its lawsuit.

Clem was ousted from Beasley station WBRN 98.7 FM in December 2016, after the alleged ratings tampering came to light. He returned to the airwaves in February 2017 on NewsTalk Florida’s WWBA 820 AM.

Earlier this month he court released the final witness lists from both parties.  Of course, Bubba himself is on both lists, as are a number of broadcasters, including Beasley’s Justin Chase and Brian Beasley.  On Bubba’s list is former Clear Channel and Tribune chief Randy Michaels.  Also, on both lists is PPM panelist Nicholas Tabachuck – with whom Bubba is alleged to have colluded to tamper with the ratings.