Carovillano v. Sirius XM Radio, Inc.

S.D. New York

Carovillano v. Sirius XM Radio, Inc.

District Court, S.D. New York·Decided February 5, 2025·No. 1:23-cv-04723·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

CHRISTOPHER CAROVILLANO and STEVEN BRANDT. on behalf of themselves and all others similarly situated, 23 Civ. 4723 (PAE) Plaintiffs, “v- ORDER SIRIUS XM RADIO, INC. Defendant.

PAUL A. ENGELMAYER, District Judge: The Court was notified by letter today by defendant Sirius XM Radio, Inc., that Berkshire Hathaway, Inc., owns more than 10% of the stock of Sirius XM Holdings, Inc., a holding company which wholly controls the defendant. Dkt. 82. Defendant’s letter stated that Berkshire Hathaway first became a 10% owner of Sirius XM Holdings on September 9, 2024. See id. Defendant’s previous Rule 7.1 disclosure had identified Liberty Media Corporation as the sole entity that held 10% or more of the stock of Sirtus XM Holdings. Dkt., 6. In light of this disclosure and my family’s ownership of Berkshire Hathaway stock, I am obliged to recuse myself from this matter and do so effective immediately. See Committee on Codes of the Judicial Conference of the United States, Advisory Opinion No. 57 (Feb. 2024); see also Int. Rates Swap Antitrust MDL, 16 Md. 2704, at Dkt. 844 (order recusing upon party’s updated Rule 7.1 disclosure that Berkshire Hathaway’s beneficial interest in a defendant entity now exceeded 10%). This case will be reassigned to another judge in this District.

SO ORDERED. Pool A. Cophreyy Paul A. Engelmayer. United States District Judge Dated: February 5, 2025 New York, New York

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

CHRISTOPHER CAROVILLANO and STEVEN BRANDT. on behalf of themselves and all others similarly situated, 23 Civ. 4723 (PAE) Plaintiffs, “v- ORDER SIRIUS XM RADIO, INC. Defendant.

PAUL A. ENGELMAYER, District Judge: The Court was notified by letter today by defendant Sirius XM Radio, Inc., that Berkshire Hathaway, Inc., owns more than 10% of the stock of Sirius XM Holdings, Inc., a holding company which wholly controls the defendant. Dkt. 82. Defendant’s letter stated that Berkshire Hathaway first became a 10% owner of Sirius XM Holdings on September 9, 2024. See id. Defendant’s previous Rule 7.1 disclosure had identified Liberty Media Corporation as the sole entity that held 10% or more of the stock of Sirtus XM Holdings. Dkt., 6. In light of this disclosure and my family’s ownership of Berkshire Hathaway stock, I am obliged to recuse myself from this matter and do so effective immediately. See Committee on Codes of the Judicial Conference of the United States, Advisory Opinion No. 57 (Feb. 2024); see also Int. Rates Swap Antitrust MDL, 16 Md. 2704, at Dkt. 844 (order recusing upon party’s updated Rule 7.1 disclosure that Berkshire Hathaway’s beneficial interest in a defendant entity now exceeded 10%). This case will be reassigned to another judge in this District.

SO ORDERED. Pool A. Cophreyy Paul A. Engelmayer. United States District Judge Dated: February 5, 2025 New York, New York

Carovillano v. Sirius XM Radio, Inc., (S.D.N.Y. 2025).

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