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Thread: Contact me at

  1. #11
    hartleib1 is offline
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    Joined: Mar 2008 Posts: 135
    Los ANGELES, CA 90067
    FACSIMILE: (310) 407-7502
    (310) 407-7557 ckronenberg@stbl aw. com
    August 15, 2008

    Re Hartleib v. Sirius Satellite Radio Inc., et al. Case No. SACV08-00790-CJC (ANx)
    Bernard C. Jasper, Esq.
    Thomas D. Georgianna, Esq. Horwitz, Cron & Jasper
    Four Venture, Suite 390 Irvine, CA 92618

    Dear Messrs. Jasper and Georgianna:
    Thank you for your email of August 14, 2008. Despite your authorization to speak to your client Mr. Hartleib, we respectfully decline. Based upon prior experience, Mr. Hartleib has misrepresented his contacts with our firm in court papers. Further, we understand that he has filed an ethics complaint against a highly regarded partner at the Latham & Watkins firm based allegedly on a direct contact with that lawyer. In short, please instruct Mr. Hartleib that communications should proceed exclusively through his counsel.
    Lastly, my colleague, Bruce Angiolillo, contacted Mr. Jasper several days ago. As of this morning, he still had not received word back and would appreciate Mr. Jasper's returning his call.
    Very truly yours,
    Chet Kronenberg
    Last edited by hartleib1; 10-19-2008 at 04:27 PM.

  2. #12
    hartleib1 is offline
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    Joined: Mar 2008 Posts: 135
    As you can see by these Emails they are not willing to talk with me.

  3. #13
    hartleib1 is offline
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    Joined: Mar 2008 Posts: 135
    Good response keep it up!

  4. #14
    dnay1969 is offline
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    Joined: Aug 2008 Posts: 57

    A good read from Mike Hartlieb from seeking alpha

    Hartlieb's Remarks

    michael santini" <>...
    Subject: Sirius Management Must Go
    I thank all of you for your show of support.

    This has been a multi-year well orchestrated effort to steal this company away from its shareholders; Sirius Management's goal has not been to enhance shareholder value, it has been to consolidate all of the SDARS spectrum at any cost as the combined entity now controls more spectrum than all of the FM/AM stations combined in the United States. More so, not just in major populated areas but in every nook and cranny in the nation.

    This will become a business model that will be worth multiple billions of dollars. The problem is, unless we do something, we will not be the ones that benefit from this. To date, I have spent roughly 3000 hours researching the company's failure to comply with their interoperable mandate and all of the misinformation and lack of transparency on this issue.

    Above, I have included the 2nd Amended Complaint filed by Jeffrey P Fink initially on behalf of we - the shareholders - ie: "The Class". With some luck, a lot of work, and approximately $45k spent, I was able to defeat this suit which protected shareholders' rights. This suit was a sham and set up from the start. The suit was brought forward at arm's length by the executives of Sirius to reach a settlement which would provide them complete indemnification/insura... for all of their past corrupt acts. In class action cases, the norm is for the plaintiff's counsel to demand a letter be sent to each shareholder informing them that their rights are at risk and give the shareholders an opportunity to "opt out". In this case, Sirius refused as they argued before the Court, they could not spend the $1million it would cost them to send this letter to their individual shareholders. Instead, they argued that a one-day ad in the back of the Wallstreet Journal would be sufficient notice. I argued that this in no way could be considered due process or proper notification of the Class in which the Judge finally agreed and was going to force Sirius to send notice via the US Mail. Sirius refused as they were concerned about committing mail fraud under RICO statutes which could have led to five years in prison and a $10K fine for each and every piece of mail sent. Three days after this hearing where they argued they could not afford to spend $1M to properly notify their shareholders, they paid Mr. Karmazin $32M for the year - $1M more than the prior year. That was the end of the line for me.

    Attached is another letter memorializing a call from Mr. Fink (lead counsel in the case) in which I was offered $500k to allow the sham suit to go on but at the cost of all other shareholders and class members. I refused. The plaintiff used in this case representing billions of dollars in our interest as shareholders is a professional plaintiff by the name of Mr. Greg Brockwell. He lives in a very upscale neighborhood in Duxbury MA and his home has a current value of $1.3M. He also drives expensive cars and owns other properties as well. One must wonder why someone who proclaims to own 1000 shares of Sirius would contact a law firm in San Diego CA and bring forth such a case.

    Mr. Brockwell is a member of a litigation kennel. A group of professional plaintiff's that own minuscule, if any, shares in thousands of companies so that when opportunity arises the plaintiff is picked from the litigation kennel, has absolutely no involvement in the case, and is secretly paid for his participation in said case which is a felony.

    Once I uncovered all of this information, Mr. Fink, Mr. Brockwell and the Robbins Umeda firm ran for the hills, but before doing so, they converted the class action, that was supposed to protect our interest, to an individual action on behalf of Mr. Brockwell and Terri Johnson only. At the time, I did not understand why they were doing this, but it has since been abundantly clear; as Mr. Fink and his law firm has now hired a high profile prominent defense firm that specializes in high risk, high exposure situations. The defense they are attempting is that when they converted the class action to an individual action, we as a class retained all of our rights, so "No Harm, No Foul" despite the fact that I spent nearly 12 months and $45K defeating this case to retain our rights. Where they are mistaken is that this suit, when it received preliminary class status, prevented us from filing a similar suit as it would have been moot and consolidated with their complaint. Therefore, we lost our right to a fully informed vote as well as the right to stop this merger via an injunction which was the main reason the Brockwell complaint was filed.

    If you read the Second Amended Complaint, you will see the egregious accusations made against Mr. Karmazin and all other management of Sirius. Mr. Fink states clearly that if this merger is not stopped, at any and all costs, members of the Class will continue to be harmed. Mr. Fink's fancy footwork by converting the class action to an individual suit was an attempt to protect themselves as they are saying, we as shareholders/members of the class, did not lose anything as we are free to bring an action of our own. Where Mr. Fink is mistaken and incorrect is that his obligation was not to Mr. Brockwell, it was to WE the Class. Mr. Fink owed us a fiduciary duty to protect our interest.

    Mr. Fink, in the eleventh hour, threw members of the Class under the bus to reach a settlement that was of no benefit to members of the Class and was going to line his firm, as well as other counsel's pockets, to the tune of millions of dollars. I believe we not only have recourse against Sirius and its executives but we also have recourse against Mr. Fink and his firm for denying our right to a fully informed vote. lulling us into a sense of complacency , denying us our right to stop this merger via an injunction from the court. He and his firm could be liable for hundreds of millions of dollars in damages to we, the shareholders.

    I suggest we bring an action against Mr. Fink, his firm and Mr. Brockwell, as they have already shown they know the tremendous exposure they are now facing as they have hired high profile high dollar counsel to protect their firm; evidence that they understand the risk they face. We all need to bite the bullet and contribute monies to a legal fund as well as make our voices heard via a PR firm and potential civil disobedience at the shareholder meeting and potentially outside Mr. Karmazin's place of residence: Trump Tower.

    Please, all of you that can attend the December 18th shareholder meeting at Sirius Headquarters MUST. Anyone that has friends or relatives that are shareholders need to be contacted. We must have a large turnout in order for the press to take an interest. I will see to it the press, The Wallstreet Journal, and others will be there but I must know that we are going to have a substantial turn out.

    I'm coming from Southern California, have booked my flight, $199 to $249, so prices are reasonable if booked early. If any of you can help by contacting institutional owners, that would be a large help. Also, I don't believe it would hurt if you understand the details and seriousness of Mr. Fink's (ie: Brockwell's) breach of fiduciary duties owed us, that you start contacting the firm, asking to speak to Mr. Fink, and express your outrage as to how he sold out the Class members and that we will be bringing forth an orchestrated and combined action against him. I will also give you numbers of members of the press so that it is not just one voice yelling in the wind, but it will be multiple voices, which will give us more credibility.

    It has been merely 2 days and we've received 16 e-mails, several phone calls, and we are just beginning. Next week, I will have information on how to run (and the cost of running) a PR news wire on Yahoo placed next to the Sirius ticker which will advise shareholders we are commencing an action and seeking plaintiffs (ie: participants).

    Any other suggestions as to publications, ads run, or any other ideas are most welcome. Please feel free to call me anytime with questions or give me a number in which I can reach you. I know there are a lot of attachments and a lot to digest, but please spend the time to read them as it will help you to understand the depth of the corruption and the length of the battle I've been involved in.

    For full disclosure, I am a Sirius Satellite Radio shareholder and hold well over 200K shares purchased at an average price of $4.50. But I can assure everyone, I am more than just a scorned shareholder. This entire situation and the position the shareholders have been placed in is a travesty. What took place in that Manhattan Court Room was criminal and jeopardizes the entire Judicial process (ie: Professional Plaintiffs).


    Again, thank you for your help.

    Michael Hartleib

  5. #15
    Demian is offline
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    Joined: Oct 2008 Posts: 2,320

    How is all this going to help the share price go up?

  6. #16
    hartleib1 is offline
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    Joined: Mar 2008 Posts: 135
    IF YOU ARE WAITING FOR YOUR SHARE PRICE TO GO UP TO BE MADE WHOLE. GOOD LUCK. 8 BILLION SHRS FULLY DILUTED, A 1 FOR 20 OR 1 FOR 30 OR 1 FOR 50 reverse split. I KNOW THEY WILL SAY IT IS WORST CASE SCENARIO, WAKE UP IT WILL BE! No more hope , hope is for church. They will reverse then they will dilute and last but not least they will give themselves millions of new shares.

    The only thing that will cause share price to go up is to prevent management from reversing and diluting. Do you realize that with a full diluted share count of 8 Billion - with the share price at $1 - we would have an $8billion cap plus $3billion in debt which equals $11billion? Don't ever expect to see a share price above this figure. Mel will sell out the company to private equity before this ever happens. He's already done the same thing in the past with Infinity Broadcasting and became a billionaire.

  7. #17

  8. #18
    Meyers1 is offline
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    Joined: Nov 2008 Posts: 3
    Thanks for calling me Mike, my e-mail is I bought in at 3.20 a share. With the words of Karmazin claiming the stock was headed for 8$. With the amount of shares given by insiders to insiders as gifts. Its plan to see what their intentions were. I have 30000.00$ invested. Thanks for getting the ball rolling.

  9. #19
    hartleib1 is offline
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    Joined: Mar 2008 Posts: 135
    We are will over six hundred stong and growing fast, in fact we may be over seven hundred members as I have had a hard time keeping up with the calls and emails. Just wait until the release of our next press release. Keep up the good work and thank you for your help! and soon

  10. #20
    Newman is offline
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    Joined: Jun 2007 Location: Dallas Texas Posts: 1,162
    Michael: I have posted a question in multiple threads that have gone unanswered.

    Can you provide a single shred of concrete evidence to any of your claims? And I do mean concrete, not circumstantial evidence. I know all of the circumstantial evidence, and you do make a point, but do you have a single shred of concrete evidence that will win you a lawsuit or vindicate shareholders?

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