Cumulus Files Order to Quicken Evidence Discovery in Lawsuit Against Nielsen

"Cumulus needs an injunction before the end of this year to be able to continue operating without irreparable harm to its business."

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Cumulus Media is hoping to fast-track the evidence discovery in its lawsuit against Nielsen, alleging that its imperative to operate the company.

In a letter to U.S. District Court Judge Jeannette Vargas, the company says it needs to quicken the pace due to operational challenges.

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“Many advertising and content contracts are signed in late 2025,” the company said in its filing. “So, Cumulus needs an injunction before the end of this year to be able to continue operating without irreparable harm to its business and to continue providing an important public service to our communities.”

Cumulus and Nielsen appear to be in agreement on the preliminary injunction hearing date — projected to be in mid-December — but differ on how much discovery should take place and be allowed before that initial hearing.

The radio giant has asked for the discovery to be completed by late November, with the preliminary hearing happening either Monday, December 8th, or Monday, December 15th.

In a lawsuit filed last week, Cumulus accused Nielsen of forcing media companies to buy expensive local audience data they may not need in order to gain access to the national ratings that networks, like its subsidiary Westwood One, rely on.

In response, Nielsen has labeled the lawsuit “entirely without merit.”

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