A federal judge in New York has set a briefing schedule advancing the high-stakes legal clash between Cumulus Media and Nielsen, centering on Nielsen's counterclaims that Cumulus improperly shared its confidential radio ratings data with competitor Eastlan Ratings.
U.S. District Judge Jeannette A. Vargas has issued the scheduling order in the Southern District of New York, establishing deadlines for Cumulus to respond to Nielsen's February 2 counterclaims.
Nielsen accuses Cumulus of breaching their 2023–2025 Services Agreement by disclosing proprietary ratings data to Eastlan in early 2025, and seeks damages, declaratory relief, and an injunction barring further sharing or use. Cumulus must file its response—including any motion to dismiss—by March 4.
Nielsen must notify the court by March 16 if it will amend its counterclaims or proceed with the current version. If no amendments occur: Nielsen's opposition to a motion to dismiss is due April 3, with Cumulus's reply due April 17.
The order notes that the schedule preserves all defenses for both parties, including personal jurisdiction and venue challenges. An initial pretrial conference remains scheduled for March 17.
The dispute stems from Cumulus's October antitrust complaint alleging that Nielsen's Network Policy and Subscriber First Policy are anticompetitive. Judge Vargas granted Cumulus a preliminary injunction on December 30, 2025, blocking enforcement of the Network Policy due to a substantial likelihood of success on Sherman Act monopolization claims.
The Second Circuit stayed that injunction pending appeal, so it is currently not in effect. The motion practice phase advances the broader contractual and antitrust battle, which could reshape pricing and distribution practices in the U.S. radio ratings industry.