Cumulus Media and Former KTCK-AM/FM, Dallas Hosts Settle
The legal battle between Cumulus Media and former KTCK-AM/FM, Dallas midday sports talk hosts Dan McDowell and Jake Kemp is over as United States District Judge Karen Gren Scholer issues an order stating that the parties have resolved the matter and the parties are to file dismissal documents by
Friday (9/29). Cumulus objected to the two hosts publishing their “The Dumb Zone” podcast arguing that it violates the terms of their contracts, specifically the non-compete clause. McDowell and Kemp left “The Ticket” in July after being unable to come to terms on a renewal due to the two sides’ disagreement over digital initiatives. McDowell and Kemp had argued that Cumulus’ business is “the operation of terrestrial radio stations – old media – and it was only in that business that Plaintiff employed the Defendants.” Ultimately the two sides were ordered into mediation on the matter. The terms of the settlement have not been made public.
Dan McDowell and Jake Kemp has its next court date on September 15 for Cumulus’ Renewed Emergency Application for Temporary Restraining Order and Request for Preliminary Injunction. Cumulus is suing the duo for alleging they have violated their non-compete and other clauses in their contracts with the company. The two sides have been ordered to mediation over the matter.
podcasts, including “The Dumb Zone,” before they and Cumulus go into mediation over Cumulus’ charge that the two have violate their non-compete and other clauses in their contracts with the company. The court-ordered mediation was moved from yesterday (8/22) to next Tuesday (8/29).
Tuesday (8/8), Cumulus filed suit against the duo on August 4 claiming they are in violation of several clauses in their contracts with the company. McDowell and Kemp left Cumulus last month after they were unable to come to terms on a renewal to remain with “The Ticket.” The sticking point was their desire to explore digital initiatives outside of their work with Cumulus. They have since launched a podcast via Patreon that Cumulus says violates their six-month non-compete. The company also alleges the two have violated the non-solicitation and non-disparagement clauses of their contract and additionally alleges they have “commandeered” company-owned social media accounts, threatened to release “conversations Defendants illicitly recorded” with company executives. Cumulus is seeking “emergency injunctive relief” plus attorneys’ fees and costs. McDowell told listeners to the podcast released on Sunday (8/6), “We’re working with certain advisors. We’ve been advised that we are doing nothing wrong, so don’t stop, for now. So right now, we are putting this out there, and what’s in store for tomorrow? I don’t know.”