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Stern vs. Sirius

Stern vs. Sirius

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Published by Joon Kang
Howard Stern's filing vs. SiriusXM
Howard Stern's filing vs. SiriusXM

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Published by: Joon Kang on May 24, 2011
Copyright:Attribution Non-commercial

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05/24/2011

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SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK
-----------------------------x
ONE TWELVE, INC. and DON BUCHWALD,Plaintiffs,-against-SIRIUS XM RADIO INC.,Defendant.
-----------------------------x
TO THE ABOVE-NAMED DEFENDANT:
Sirius XM Radio Inc.
1221
Avenue
of
the AmericasNew York, New York 10020Index No.:Date Purchased:
SUMMONSYOU ARE HEREBY SUMMONED
to answer the complaint in this action andto serve a copy
of
your answer, or,
if
the complaint
is
not served with this summons, to serve anotice
of
appearance, on plaintiffs' attorney within 20 days after the service
of
this summons,exclusive
of
the day
of
service (or within 30 days after the service is complete
if
this summons isnot personally delivered to you within the State
of
New York); and in case
of
your failure toappear or answer, judgment will be taken against you by default for the relief demanded in thecomplaint.The action will be heard in the Supreme Court
of
the State
of
New York in and for theCounty
of
New York. Venue is proper under section 503
of
the New York Civil Practice Lawand Rules because defendant resides at
1221
Avenue
of
the Americas, New York, New York,10020.
FILED: NEW YORK COUNTY CLERK 03/22/2011
INDEX NO. 650762/2011NYSCEF DOC. NO. 1RECEIVED NYSCEF: 03/22/2011
 
Dated:
New
York,
New
YorkMarch 22, 2011
61350665_1
HUGHES HUOne Battery Park PlazaNew York,
New
York 10004-1482(212) 837-6000
Attorneys for Plaintiffs One Twelve,
Inc.
and
Don Buchwald
2
 
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK
-----------------------------x
ONE TWELVE, INC. and DON BUCHWALD,Plaintiffs,-against-SIRIUS XM RADIO INC.,Defendant.
-----------------------------x
Index No.
COMPLAINT
Plaintiffs, One Twelve, Inc. ("One Twelve") and Don Buchwald ("Buchwald"), asand for their complaint against defendant Sirius XM Radio Inc. ("Sirius"), allege as follows:
Nature
of
the Action -Breach
of
Contract
1.
World-renowned radio personality Howard Stem ("Stem") put Sirius onthe map. In 2004, when Stem agreed to move his highly successful radio show to Sirius, Siriuswas a fledgling company that was running a distant second to XM Satellite Radio Inc. ("XM")
in
a two-company race. Sirius faced an uncertain future in an uncertain industry. Stem instantlybecame Sirius's biggest star, bringing millions
of
subscribers to Sirius and recognition to thesatellite radio industry.
2.
Sirius courted Stem aggressively, offering his production company, OneTwelve, an incentive-laced deal that, among other things, promised Stem an opportunity to sharein Sirius's success. Sirius promised to pay One Twelve a series
of
escalating stock awards
if
Sirius exceeded its subscriber estimates in any year
of
Stem's contract by 2 million or moresubscribers.
It
also promised to pay Buchwald a consulting fee equal
to
10%
of
anycompensation paid to One Twelve.

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