The legal battle between Cumulus Media’s KTCK-AM/FM, Dallas-Fort Worth and former midday hosts 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.
The latest chapter in the disagreement between Cumulus Media’s KTCK-AM/FM, Dallas-Fort Worth and former midday air personalities Jake Kemp and Dan McDowell includes the duo agreeing to not produce any new 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).
According to a report by WFAA-TV, Dallas, a federal judge in Dallas is denying Cumulus’ request to prevent former KTCK-AM/FM hosts Dan McDowell and Jake Kemp from recording more “The Dumb Zone” podcasts. As a result, Cumulus is refiling its complaint against the duo and is seeking a renewed application for a temporary restraining order. There has been no ruling on that subsequent filing. As TALKERS reported on 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.” Read the WFAA-TV story here.