ROCHESTER -- We didn't think we'd be using our "Cumulus vs. The Show" graphic again until later in the month, but according to Galaxy Communications, the legal team at Cumulus Media has made a second attempt to force Hunter Scott and Josh Grosvent off-the-air at Galaxy's KROCK. The pair has been doing mornings at KROCK for two weeks now, starting just three days after quitting the same shift at Cumulus-owned 95X (WAQX).
According to a press release issued by Galaxy after-hours this evening, the Appellate Division of the State Supreme Court in Rochester refused to grant Cumulus' request to force Scott and Grosvent off the air. The Rochester court's decision echoes a decision issued earlier this week from a similar court in Syracuse.
In the Syracuse court ruling, a temporary injunction was issued, barring the hosts from referring to themselves as "The Show." The court also ordered them to give up their "Chalkdust" character and the term "Beer Friday," siding with Cumulus that those three items were "intellectual property" of 95X's parent company. However, the court stopped short of preventing Scott and Grosvent from working for Galaxy.
Regarding today's ruling in Rochester, Galaxy CEO/President Ed Levine said, "We're thrilled with the Appellate Division's decision to not allow 95X to silence Hunter and Josh. They will continue their broadcasts on 100.9 (WKRL/North Syracuse) and 106.5 (WKRH/Minetto) K-Rock and 94.9 (WKLL/Utica). That now makes the score Hunter and Josh 2; 95X and Cumulus Media NOTHING." (Editor's note: the word "nothing" was written in all-caps in the press release.)
Levine added, "I can't wait to see what Hunter and Josh have to say about the matter on Monday morning on K-Rock."
Grosvent already offered one opinion on Twitter this evening:
Dumulus & our "X" Girlfriend are so desperate to keep us OFF the air, they just tried to convince a Rochester judge and LOST AGAIN!
— Josh (@thisisjoshua) November 2, 2012
Galaxy's press release says Cumulus' motion in Rochester was "summarily dismissed" in "a twenty-four word statement."
As reported earlier this week, the next scheduled court date for the two sides is November 21 in Syracuse.
Earlier this week, Cumulus Media Syracuse Operations Manager Tom Mitchell told CNYRadio.com that he is not authorized to comment on legal matters. We had also reached out to Cumulus Syracuse GM Shane Bogardus, but he has not responded. That is why, in case anyone's wondering, most of our coverage on the matter has been based on Scott's and Grosvent's remarks online and on-air, and from statements issued by Galaxy Communications management.
Today’s court appearance is the latest in a chain of events that started on October 16, when Scott and Grosvent suddenly resigned from 95X. If you're looking to catch-up on all the developments, here are all of our previous stories on the matter: