U.S. District Court Southern District of Ohio (Cincinnati) CIVIL DOCKET FOR CASE #: 1:02-cv WHR

Transcription

1 US District Court Civil Docket as of 01/09/2007 Retrieved from the court on Wednesday, March 14, 2007 U.S. District Court Southern District of Ohio (Cincinnati) CIVIL DOCKET FOR CASE #: 1:02-cv WHR In re Broadwing, Inc. Securities Litigation, Case No. C Assigned to: Walter H Rice Demand: $0 Cause: 15:78m(a) Securities Exchange Act Date Filed: 10/30/2002 Jury Demand: Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Alan Gallow Individually And On Behalf Of All Others Similarly Situated represented by Matthew Roberts Chasar Strauss & Troy Co LPA The Federal Reserve Building 150 East 4th Street Cincinnati, OH Fax: mrchasar@strausstroy.com Paul David Young Milberg Weiss Bershad Hynes & Lerach LLP One Pennsylvania Plaza New York, NY Fax: pyoung@milberg.com Strauss & Troy - 1 The Federal Reserve Building 150 E Fourth Street 4th Floor Cincinnati, OH rswayne@strausstroy.com William Kendall Flynn

2 Strauss & Troy - 1 The Federal Reserve Building 150 E Fourth Street 4th Floor Cincinnati, OH Fax: wkflynn@strausstroy.com Brian C Kerr Milberg Weiss Bershad & Schulman LLP One Pennsylvania Plaza New York, NY Fax: bkerr@milbergweiss.com Samuel H Rudman Milberg, Weiss, Bershad, Hynes & Lerach 1 Pennsylvania Plaza Suite 4915 New York, NY Steven G Schulman Milberg, Weiss, Bershad, Hynes & Lerach 1 Pennsylvania Plaza Suite 4915 New York, NY sschulman@milbergweiss.com Local 144 Nursing Home Pension Fund LEAD PLAINTIFF represented by Matthew Roberts Chasar Paul David Young

3 William Kendall Flynn Brian C Kerr Samuel H Rudman Steven G Schulman Paul J Brunner LEAD PLAINTIFF represented by Matthew Roberts Chasar Paul David Young William Kendall Flynn Brian C Kerr Samuel H Rudman

4 Steven G Schulman Joseph Lask LEAD PLAINTIFF represented by Matthew Roberts Chasar Paul David Young William Kendall Flynn Brian C Kerr Samuel H Rudman Steven G Schulman Robert J Gerardi on Behalf of Himself and all Others Similarly Situated represented by Matthew Roberts Chasar Paul David Young

5 Richard Lawrence Norton Katz Greenberger & Norton 105 East Fourth Street 4th Floor Cincinnati, OH Fax: Steven Mitchell Rothstein Katz & Greenberger & Norton 105 East Fourth Street Suite 400 Cincinnati, OH Brian C Kerr Robert Harwood Wechsler Harwood Halebian & Feffer LLP 488 Madison Avenue 8th Floor New York, NY Strauss & Troy E Fourth Street 4th Floor Cincinnati, OH rswayne@strausstroy.com Gloria C Gerardi represented by Matthew Roberts Chasar

6 Paul David Young Richard Lawrence Norton Steven Mitchell Rothstein Brian C Kerr Robert Harwood Stephen Gilby Individually and on Behalf of all Others Similarly Situated represented by Matthew Roberts Chasar Paul David Young William Kendall Flynn

7 Brian C Kerr Michael Atlas Individually and on Behalf of all Others Similarly Situated represented by Matthew Roberts Chasar Paul David Young William Kendall Flynn Brian C Kerr Gerald L Beckman Individually and on Behalf of Themselves and all Others Similarly Situated represented by Matthew Roberts Chasar Paul David Young Milberg Weiss Bershad & Schulman LLP One Pennsylvania Plaza New York, NY Fax: pyoung@milbergweiss.com

8 William Kendall Flynn Brian C Kerr Denenberg Family Trust an Inter Vivos Trust on Behalf of Itself and all Others Similarly Situated represented by James Edward Arnold Clark Perdue Arnold & Scott East Broad Street Suite 1400 Columbus, OH jarnold@cpaslaw.com Matthew Roberts Chasar Paul David Young Brian C Kerr V. Defendant Broadwing Inc represented by Douglas Edward Hart Douglas E. Hart 441 Vine Street Suite 3108 Cincinnati, OH 45202

9 Fax: Grant Spencer Cowan Frost Brown Todd LLC PNC Center 201 E 5th Street Cincinnati, OH Fax: gcowan@fbtlaw.com Peter J Beshar Gibson Dunn & Crutcher LLP 200 Park Avenue New York, NY pbeshar@gibsondunn.com Aric Wu Gibson, Dunn & Crutcher LLP 200 Park Avenune New York, NY Fax: Awu@gibsondunn.com Robert Serio Dunn & Crutcher LLP 200 Park Avenue New York, NY Fax: RSerio@gibsondunn.com Defendant

10 Richard G Ellenberger represented by Douglas Edward Hart Grant Spencer Cowan Aric Wu Robert Serio Defendant Kevin W Mooney represented by Douglas Edward Hart Grant Spencer Cowan Aric Wu Robert Serio Date Filed # Docket Text

11 10/30/2002 Filing Fee Paid: on 10/30/02 in the amount of $ , receipt # (tt) (Entered: 10/31/2002) 10/30/ COMPLAINT WITH JURY DEMAND ( no. pgs: 45) (tt) (Entered: 10/31/2002) 10/31/ ORDER by Judge Sandra S. Beckwith Case referred to Mag. Judge Timothy S. Hogan (cc: all counsel) ( no pgs: 2) (tt) (Entered: 10/31/2002) 12/20/ JOINT MOTION by the parties for order staying the filing of an answer pending consolidatition with any related case ( no pgs: 3) (mb) (Entered: 12/20/2002) 12/26/ ORDER by Judge Sandra S. Beckwith granting motion for order staying the filing of an answer pending consolidatition with any related case [3-1] (cc: all counsel) ( no pgs: 1) (tt) (Entered: 12/26/2002) 12/30/ MOTION by Local 144 Nursing Home Pension Fund, Paul J Brunner and Joseph Lask for Order consolidating case with C , C , C (before Judge Dlott) and C (before Judge Weber) NOTE: The above parties are not a part of this case ( no pgs: 4+) (tt) (Entered: 01/02/2003) 01/23/ RESPONSE by defendants to motion by Local 144 Nursing Home Pension Fund, Paul J Brunner and Joseph Lask for Order of consolidation [5-1] ; Defendants do not oppose case consolidation ; Defendants do oppose appointment of the Local 144 Group as lead plaintiff ( no pgs: 16) (tt) (Entered: 01/24/2003) 02/03/ REPLY to response to motion by Local 144 Nursing Home Pension Fund, Paul J Brunner and Joseph Lask for Order consolidating case with C , C , C (before Judge Dlott) and C (before Judge Weber) [5-1] NOTE: The above parties are not a part of this case (no pgs: 17+Exhs) (tt) (Entered: 02/04/2003) 09/29/ ORDER by Judge Sandra S Beckwith granting [5] Motion to Consolidate Case ; Civil Actions C , C , C , C , and C are consolidated ; The consolidated action is identified as In re Broadwing, Inc. Securities Litigation, Case No. C ; All further pleadings are to be filed in this case ; Civil Actions C , C , C , and C are closed for statistical purposes ; The motion is denied without prejudice with respect to appointment of lead plaintiff and moot with respect to approval of lead counsel (tt, ) (Entered: 09/29/2003) 09/29/ NOTICE of Placement by Clerk(tt, ) (Entered: 09/29/2003) 10/28/ MOTION for Reconsideration Renewed Motion of s Local 144 Nursing Home Pension Fund, Paul J. Brunner and Joseph Lask for Appointment of Lead s, Approving Lad s' Selection of Lead Counsel and Proposed Agreed Scheduling Order by Movant Local 144 Nursing Home Pension Fund. (Wayne, Richard) (Entered: 10/28/2003) 10/29/ ORDER granting 10 Motion for Reconsideration as follows: 1) Class Members Local 144 Nursing Home Pension, Paul J. Brunner and Loseph Lask are appointed to serve as Lead s in this action; 2) The law firm of Strauss & Troy and Milberg Weiss Bershad Hynes & Lerach LLP are approved as Lead Counsel for the Class; and 3) Lead Counsel for plts. shall have until 11/24/03 to file a consolidated Amended Class Action Complaint; Defts. shall have until 1/30/04 to file a Motion

12 to Dismiss; Memo. in Opposition due by 3/26/04; Reply due 5/10/04. Signed by Judge Sandra S Beckwith on 10/29/03.(mb) (Entered: 10/29/2003) 10/30/2003 Sent to attorney R Wayne regarding attorneys Young and Kerr ; Pro hac motion is needed (tt, ) (Entered: 10/30/2003) 11/24/ MOTION for Extension of Time to Amend 11 Order on Motion for Reconsideration,, Motion of Lead s for Extension of Time Within Which to File Consolidated Amended Class Action Complaint and Memorandum in Support by s Alan Gallow, Local 144 Nursing Home Pension Fund, Paul J Brunner, Joseph Lask, Robert J Gerardi, Gloria C Gerardi, Stephen Gilby, Michael Atlas, Gerald L Beckman, Denenberg Family Trust. (Wayne, Richard) (Entered: 11/24/2003) 11/26/ ORDER granting 12 Motion for Extension of Time to file a consolidated amended class action complaint until 12/1/03. Signed by Judge Sandra S Beckwith on 11/25/03.(mb) (Entered: 11/26/2003) 12/01/ AMENDED COMPLAINT Consolidated Amended Class Action Complaint against all defendants, filed by Joseph Lask, Defendants Kevin W Mooney, Broadwing Inc, Richard G Ellenberger.(Wayne, Richard) (Entered: 12/01/2003) 12/10/ ORDER OF RECUSAL. Judge Sandra S Beckwith recused. Case transferred to the clerk for reassignment. Signed by Judge Sandra S Beckwith on 12/10/03. (mb, ) (Entered: 12/10/2003) 12/11/ ORDER/NOTICE REASSIGNING CASE. Case reassigned to Judge Susan J. Dlott for all further proceedings. (wam, ) (Entered: 12/11/2003) 12/15/ ORDER REASSIGNING CASE: Case transferred to Clerk for reassignment. Judge Susan J. Dlott no longer assigned to case. Signed by Judge Susan J. Dlott on 12/15/03. (ss, ) (Entered: 12/15/2003) 01/09/ MOTION for Leave to Appear Pro Hac Vice by Paul D. Young, Esq. on behalf of s. (Attachments: # 1 Text of Proposed Order # 2 filing fee receipt# )(art, ) (Entered: 01/09/2004) 01/14/ NOTICE by Clerk Case reassigned to Judge Weber (ph, ) (Entered: 01/14/2004) 01/14/2004 Case Reassigned to Judge Herman J. Weber. Judge Unassigned no longer assigned to the case. (ph, ) (Entered: 01/14/2004) 01/23/ ORDER REASSIGNING CASE. Case referred to the Clerk of Courts for Reassignment. Judge Herman J. Weber no longer assigned to case. Signed by Judge Herman J. Weber on 1/23/04. (do, ) (Entered: 01/23/2004) 01/29/ ORDER directing the Clerk of Court to reassign this case by blind draw to a district judge in Columbus or Dayton, Ohio. Signed by Judge James L Graham on 1/29/2004. (bw) (Entered: 01/29/2004) 01/29/2004 Case Reassigned to Judge Walter H Rice by blind draw pursuant to the Order by Judge Graham dated 1/29/2004. Judge Unassigned no longer assigned to the case. (pl, ) (Entered: 01/29/2004) 02/02/2004 NOTATION ORDER sustaining 18 Motion for Leave to Appear pro hac vice of

13 Paul D. Young. Signed by Judge Walter H Rice on 2/2/04. (kse1, ) (Entered: 02/02/2004) 02/03/ Consent MOTION for Leave to File a Memorandum in Support of Their Motion to Dismiss in Excess of the S.D. Ohio Civ. R. 7.2 (a)(3) Page Limit by Defendants Kevin W Mooney, Broadwing Inc, Richard G Ellenberger. (Cowan, Grant) (Entered: 02/03/2004) 02/05/ ORDER granting 22 Motion for Leave to File a Memorandum In Support of their motion to dismiss in excess of SDO page limit, said Memorandum not to exceed 50 pages. s may file memorandum in opposition not to exceed 50 pages. Defendant may file reply brief that does not exceed 30 pages.. Signed by Judge Walter H Rice on 2/5/2004. (pl, ) (Entered: 02/10/2004) 02/06/ MOTION to Dismiss by Defendants Broadwing Inc, Richard G Ellenberger, Kevin W Mooney. Responses due by 3/1/2004 (Attachments: # 1 Memo in Support Part 1# 2 Memo in Support Part 2)(Cowan, Grant) (Entered: 02/06/2004) 02/06/ Supplemental Memorandum Supporting re 23 MOTION to Dismiss With Declaration of Grant S. Cowan filed by Defendants Broadwing Inc, Richard G Ellenberger, Kevin W Mooney, Broadwing Inc, Richard G Ellenberger, Kevin W Mooney. (Attachments: # 1 Exhibit 1 part 1# 2 Exhibit 1 part 2# 3 Exhibit 2 part 2# 4 Exhibit 2 part 2# 5 Exhibit 3 part 1# 6 Exhibit 3 part 2# 7 Exhibit 3 part 3# 8 Exhibit 3 part 4# 9 Exhibit 3 part 5# 10 Exhibit 4 part 1# 11 Exhibit 4 part 2# 12 Exhibit 4 part 3# 13 Exhibit 4 part 4# 14 Exhibit 4 part 5# 15 Exhibit 4 part 6# 16 Exhibit 5 part 1# 17 Exhibit 5 part 2# 18 Exhibit 5 part 3# 19 Exhibit 5 part 4# 20 Exhibit 5 part 5# 21 Exhibit 5 part 6# 22 Exhibit 6 part 1# 23 Exhibit 6 part 2# 24 Exhibit 6 part 3# 25 Exhibit 3 part 6# 26 Exhibit 6 part 4# 27 Exhibit 6 part 5# 28 Exhibit 6 part 6# 29 Exhibit 7# 30 Exhibit 8# 31 Exhibit 9# 32 Exhibit 10# 33 Exhibit 11# 34 Exhibit 12 part 1# 35 Exhibit 12 part 2# 36 Exhibit 12 part 3# 37 Exhibit 13 part 1# 38 Exhibit 13 part 2# 39 Exhibit 13 part 3# 40 Exhibit 14# 41 Exhibit 15# 42 Exhibit 16# 43 Exhibit 17 part 1# 44 Exhibit 17 part 2# 45 Exhibit 17 part 3# 46 Exhibit 17 part 4# 47 Exhibit 17 part 5# 48 Exhibit 17 part 6# 49 Exhibit 17 part 7# 50 Exhibit 17 part 8# 51 Exhibit 17 part 9# 52 Exhibit 17 part 10# 53 Exhibit 18 part 1# 54 Exhibit 18 part 2# 55 Exhibit 18 part 3# 56 Exhibit 19 part 1# 57 Exhibit 19 part 2# 58 Exhibit 19 part 3# 59 Exhibit 20# 60 Exhibit 21# 61 Exhibit 22 part 1# 62 Exhibit 22 part 2# 63 Exhibit 23 part 1# 64 Exhibit 23 part 2# 65 Exhibit 24# 66 Exhibit 25# 67 Exhibit 26 part 1# 68 Exhibit 26 part 2# 69 Exhibit 26 part 3# 70 Exhibit 26 part 4# 71 Exhibit 27 part 1# 72 Exhibit 27 part 2# 73 Exhibit 27 part 3# 74 Exhibit 27 part 4# 75 Exhibit 27 part 5# 76 Exhibit 28 part 1# 77 Exhibit 28 part 2# 78 Exhibit 28 part 3# 79 Exhibit 28 part 4# 80 Exhibit 28 part 5# 81 Exhibit 29# 82 Exhibit 30)(Cowan, Grant) (Entered: 02/06/2004) 02/06/ Supplemental Memorandum Supporting re 23 MOTION to Dismiss With Compendium of Cases filed by Defendants Broadwing Inc, Richard G Ellenberger, Kevin W Mooney, Broadwing Inc, Richard G Ellenberger, Kevin W Mooney. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15)(Cowan, Grant) (Entered: 02/06/2004) 02/23/ MOTION for Leave for Attorney Peter J. Beshar to Appear Pro Hac Vice by

14 Defendants Broadwing Inc, Richard G Ellenberger, Kevin W Mooney(50.00 Filing Fee Receipt No ). (phil, ) Modified on 2/25/2004 (phil, ). (Entered: 02/25/2004) 03/03/2004 Set/Reset Hearings: Scheduling Conference set for Tuesday, 3/30/ :30 PM by telephone conference call before Walter H Rice. Prior to the pretrial conference counsel must comply with the MANDATORY DISCLOSURE RULES of Fed. R. Civ. P. 26(a)(1) and the MANDATORY, pre-preliminary pretrial conference between counsel, required by Fed. R. Civ. P. 26(f). The Report must be filed prior to the conference. Pretrial procedures and forms can be found at our website at Should more attorneys be actively involved than those listed on the Court's docket, please notify Karla Evans-Clark, at , immediately, to include the additional attorneys in the Preliminary Pretrial Conference. If you wish a number other than your office number called, please advise 24 hours preceding the conference. (kse1, ) (Entered: 03/03/2004) 03/08/ ORDER granting 27 Motion for Leave for Attorney Peter J Beshar to Appear Pro Hac Vice for Broadwing Inc. Signed by Judge Walter H Rice on 3/8/04. (sc1, ) (Entered: 03/10/2004) 03/08/2004 Per ORDER VACATING REFERENCE TO UNITED STATES MAGISTRATE JUDGE 31 - Judge Timothy S Hogan no longer assigned to case. (sc1, ) (Entered: 03/10/2004) 03/09/ STIPULATION and Proposed Order re Initial Disclosures by Defendant Broadwing Inc. (Hart, Douglas) (Entered: 03/09/2004) 03/10/ ORDER VACATING REFERENCE TO UNITED STATES MAGISTRATE JUDGE - U. S. Magistrate Judge Timothy S. Hogan no longer associated with case. Signed by Judge Walter H Rice on 3/8/04. (sc1, ) (Entered: 03/10/2004) 03/26/2004 NOTATION ORDER SUSTAINING 28 Stipulation AND ORDER. Signed by Judge Walter H Rice on 3/26/04. (sc, ) (Entered: 03/26/2004) 03/26/ STIPULATION AND ORDER re Scheduling Conference set for Tuesday, 3/30/ :30 PM by telephone conference shall be posponed until after the Court renders a ruling on Defendants' pending motion to dismiss. Signed by Judge Walter H Rice on 3/26/04. (sc, ) (Entered: 03/26/2004) 04/14/ RESPONSE in Opposition re 23 MOTION to Dismiss s' Memorandum in Opposition to Motion to Dismiss filed by s Alan Gallow, Local 144 Nursing Home Pension Fund, Paul J Brunner, Joseph Lask, Robert J Gerardi, Gloria C Gerardi, Stephen Gilby, Michael Atlas, Gerald L Beckman, Denenberg Family Trust. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3# 4 Exhibit Exhibit 4a# 5 Exhibit Exhibit 4b# 6 Exhibit Exhibit 5a# 7 Exhibit Exhibit 5b# 8 Exhibit Exhibit 6# 9 Exhibit Exhibit 7# 10 Exhibit Exhibit 8# 11 Exhibit Exhibit 9# 12 Exhibit Exhibit 10# 13 Exhibit Exhibit 11# 14 Exhibit Exhibit 12# 15 Exhibit Exhibit 13# 16 Exhibit Exhibit 14# 17 Exhibit Exhibit 15# 18 Exhibit Exhibit 16)(Wayne, Richard) (Entered: 04/14/2004) 05/12/ NOTICE by s Paul J Brunner, Alan Gallow, Joseph Lask, Local 144 Nursing Home Pension Fund Of Change Of Law Firm Name (Young, Paul) (Entered: 05/12/2004)

15 06/01/ REPLY to Response to Motion re 23 MOTION to Dismiss filed by Defendants Broadwing Inc, Richard G Ellenberger, Kevin W Mooney. (Attachments: # 1 Reply Declaration of Grant S. Cowan# 2 Cowan Declaration Exhibit 31# 3 Cowan Declaration Exhibit 32# 4 Appendix of Unreported Decisions# 5 Appendix Attachment 1# 6 Appendix Attachment 2# 7 Appendix Attachment 3# 8 Appendix Attachment 4# 9 Appendix Attachment 5# 10 Appendix Attachment 6# 11 Appendix Attachment 7# 12 Appendix Attachment 8)(Cowan, Grant) (Entered: 06/01/2004) 09/24/ DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART DEFENDANTS' MOTION TO DISMISS 23; STAY OF DISCOVERY REMAINS IN EFFECT. Signed by Judge Walter H Rice on 9/24/2004. (sc, ) (Entered: 09/24/2004) 01/06/ MOTION for attorneys Robert F Serio and Aric H Wu to Appear pro hac vice on behalf of Defendants (Attachments: # 1 Certificates Of Good Standing and Receipt)(tt, ) (Entered: 01/12/2005) 01/06/2005 Filing fee: $ 100, receipt number for payment of pro hac vice application fees (tt, ) (Entered: 01/12/2005) 01/25/2005 NOTATION ORDER sustaining 37 Motion for Leave to Appear Pro Hac Vice of Robert F Serio and Aric H Wu. Signed by Judge Walter H Rice on 1/25/05. (kse1, ) (Entered: 01/25/2005) 07/15/ MOTION for Leave to File Supplemental Authority by Defendants Broadwing Inc, Richard G Ellenberger, Kevin W Mooney. (Attachments: # WL # S.Ct. 1627)(Cowan, Grant) (Entered: 07/15/2005) 08/03/2005 NOTATION ORDER sustaining 38 Motion for Leave to File Supplemental Authority by Defendants Broadwing Inc, Richard G Ellenberger, Kevin W Mooney. Signed by Judge Walter H Rice on 8/3/05. (kse1, ) (Entered: 08/03/2005) 08/05/ RESPONSE in Opposition re 38 MOTION for Leave to File Supplemental Authority filed by s Alan Gallow, Local 144 Nursing Home Pension Fund, Paul J Brunner, Joseph Lask, Robert J Gerardi, Gloria C Gerardi, Stephen Gilby, Michael Atlas, Gerald L Beckman, Denenberg Family Trust. (Glass, Thomas) (Entered: 08/05/2005) 08/11/ NOTICE by s Local 144 Nursing Home Pension Fund, Paul J Brunner, Joseph Lask, Notice of Appearance for Brian C. Kerr as co-lead counsel for plaintiffs (Young, Paul) (Entered: 08/11/2005) 08/15/ REPLY to Response to Motion re 38 MOTION for Leave to File Supplemental Authority And Defendants' Reply In Further Support Of Their Submission Of Supplemental Authority filed by Defendants Broadwing Inc, Richard G Ellenberger, Kevin W Mooney. (Cowan, Grant) (Entered: 08/15/2005) 09/01/ MOTION for Leave for Brian C. Kerr to Appear Pro Hac Vice by s Alan Gallow, Local 144 Nursing Home Pension Fund, Paul J Brunner, Joseph Lask, Robert J Gerardi, Gloria C Gerardi, Stephen Gilby, Michael Atlas, Gerald L Beckman, Denenberg Family Trust. (kopf, ) (Entered: 09/01/2005) 09/01/ PHV Filing fee for Brian C. Kerr: $ 50, receipt number (kopf, ) Additional

16 attachment(s) added on 9/8/2005 (kopf, ). (Entered: 09/01/2005) 09/08/2005 NOTATION ORDER SUSTAINING 42 Motion for Brian C Kerr to Appear Pro Hac Vice. Signed by Judge Walter H Rice on 9/8/2005. (sc1, ) (Entered: 09/08/2005) 03/22/ STATUS REPORT by s Michael Atlas, Gerald L Beckman. (Wayne, Richard) Modified on 3/22/2006 atty contacted clerk should reflect all parties (ep1, ). (Entered: 03/22/2006) 03/30/ STATUS REPORT Joint Status Report by s Alan Gallow, Local 144 Nursing Home Pension Fund, Paul J Brunner, Joseph Lask, Robert J Gerardi, Gloria C Gerardi, Stephen Gilby, Michael Atlas, Gerald L Beckman, Denenberg Family Trust, Defendants Broadwing Inc, Richard G Ellenberger, Kevin W Mooney. (Wayne, Richard) (Entered: 03/30/2006) 03/31/ ADMINISTRATIVE PROCESSING ORDER. Signed by Judge Walter H Rice on 3/31/06. (ep1, ) (Entered: 03/31/2006) 04/05/ STATUS REPORT Joint Status Report by s Alan Gallow, Local 144 Nursing Home Pension Fund, Paul J Brunner, Joseph Lask, Robert J Gerardi, Gloria C Gerardi, Stephen Gilby, Michael Atlas, Gerald L Beckman, Denenberg Family Trust, Defendants Broadwing Inc, Richard G Ellenberger, Kevin W Mooney. (Wayne, Richard) (Entered: 04/05/2006) 04/13/ STATUS REPORT Joint Status Report by s Alan Gallow, Local 144 Nursing Home Pension Fund, Paul J Brunner, Joseph Lask, Robert J Gerardi, Gloria C Gerardi, Stephen Gilby, Michael Atlas, Gerald L Beckman, Denenberg Family Trust, Defendants Broadwing Inc, Richard G Ellenberger, Kevin W Mooney. (Wayne, Richard) (Entered: 04/13/2006) 04/20/2006 NOTATION ORDER SUSTAINING 48 Status Report. Signed by Judge Walter H Rice on 4/19/06. (ep1, ) (Entered: 04/20/2006) 05/01/ STATUS REPORT by s Alan Gallow, Local 144 Nursing Home Pension Fund, Paul J Brunner, Joseph Lask, Robert J Gerardi, Gloria C Gerardi, Stephen Gilby, Michael Atlas, Gerald L Beckman, Denenberg Family Trust, Defendants Broadwing Inc, Richard G Ellenberger, Kevin W Mooney. (Wayne, Richard) (Entered: 05/01/2006) 07/12/ Joint MOTION for Hearing Joint Motion for Entry of Preliminary Order for Notice and Hearing in Connection with Settlement Proceedings by s Alan Gallow, Local 144 Nursing Home Pension Fund, Paul J Brunner, Joseph Lask, Robert J Gerardi, Gloria C Gerardi, Stephen Gilby, Michael Atlas, Gerald L Beckman, Denenberg Family Trust, Defendants Broadwing Inc, Richard G Ellenberger, Kevin W Mooney. (Attachments: # 1 Exhibit Stipulation and Agreement of Settlement# 2 Exhibit Exhibit A to Stipulation and Agreement of Settlement? Preliminary Order for Notice and Hearing in Connection With Settlement Proceedings# 3 Exhibit Exhibit 1 to Exhibit A to Stipulation and Agreement of Settlement? Notice of Pendency of Class Action and Proposed Settlement, Motion for Attorneys' Fees and Settlement Fairness Hearing# 4 Exhibit Exhibit 2 to Exhibit A to Stipulation and Agreement of Settlement? Proof of Claim and Release# 5 Exhibit Exhibit 3 to Exhibit A to Stipulation and Agreement of Settlement? Summary Notice of

17 Pendency of Class Action, Proposed Settlement and Settlement Hearing# 6 Exhibit Exhibit B to Stipulation and Agreement of Settlement? Order and Final Judgment)(Wayne, Richard) (Entered: 07/12/2006) 07/12/2006 Set/Reset Hearings: Status Conference re: settlement proceeding; Preliminary Notice approval and Fairness Hrg. that is set for 9/6/06, is set for Wednesday, 7/13/2006 at 5:00 PM by telephone before Walter H Rice. Attorneys Rick Wayne and Grant Cowan will be participating in this telephone conference. (kse1, ) (Entered: 07/12/2006) 07/21/ DELETE, CLERK TO RESUBMIT WITH CORRECT DATE ATTACHED ON PAGE 4 OF THE DOCUMENT... SEE DOCKET #51...PRELIMINARY ORDER FOR NOTICE AND HEARING IN CONNECTION WITH SETTLEMENT PROCEEDINGS. Signed by Judge Walter H Rice on 7/13/06. (ep1, ) Additional attachment(s) added on 7/21/2006 (ep1, ). Modified on 7/21/2006 (phil1, ). Modified on 7/21/2006 (phil1, ). (Entered: 07/21/2006) 07/21/2006 Notice of Correction re:51 to show the correct date on page 4 of the document (phil1, ) (Entered: 07/21/2006) 07/21/ PRELIMINARY ORDER FOR NOTICE AND HEARING IN CONNECTION WITH SETTLEMENT PROCEEDINGS. Signed by Judge Walter H Rice on 7/13/06. Signed by Judge Walter H Rice on 07/13/06. (phil1, ) (Entered: 07/21/2006) 08/25/ NOTICE of Appearance (Pepper, Timothy) (Entered: 08/25/2006) 08/25/ Objection of Fiduciary Counselors Inc. in Its Capacity as Independent Fiduciary of the Broadwing Retirement Savings Plan and the Cincinnati Bell Inc. Savings and Security Plan by Objector Fiduciary Counselors Inc. (Attachments: # 1 Affidavit Pepper Declaration with Exh 1 and 2)(Pepper, Timothy) (Entered: 08/25/2006) 08/25/ MOTION for Leave to File Exhibit Conventionally by Objector Fiduciary Counselors Inc. (Attachments: # 1)(Pepper, Timothy) (Entered: 08/25/2006) 08/27/ MOTION for Leave to Appear Pro Hac Vice. Filing fee $ 50. by Objector Fiduciary Counselors Inc. (Attachments: # 1)(Pepper, Timothy) (Entered: 08/27/2006) 08/30/2006 NOTATION ORDER sustaining 54 Motion for Leave to File Exhibit Conventionally. Signed by Judge Walter H Rice on 8/30/06. (ep1, ) (Entered: 08/30/2006) 08/30/2006 NOTATION ORDER sustaining 55 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Walter H Rice on 8/30/06. (ep1, ) (Entered: 08/30/2006) 08/30/ MOTION for Leave to File Excess Pages s' Unopposed Motion to File Brief in Excess of Page Limits by s Alan Gallow, Local 144 Nursing Home Pension Fund, Paul J Brunner, Joseph Lask, Robert J Gerardi, Gloria C Gerardi, Stephen Gilby, Michael Atlas, Gerald L Beckman, Denenberg Family Trust. (Wayne, Richard) (Entered: 08/30/2006) 08/30/ NOTICE of Appearance by Matthew Roberts Chasar s Alan Gallow, Local 144 Nursing Home Pension Fund, Paul J Brunner, Joseph Lask, Robert J Gerardi,

18 Gloria C Gerardi, Stephen Gilby, Michael Atlas, Gerald L Beckman, Denenberg Family Trust (Chasar, Matthew) (Entered: 08/30/2006) 08/30/ Phv Filing fee for Marka A Peterson: $ 50, receipt number paid 8/28/06 (sc1, ) Additional attachment(s) added on 8/31/2006 (sc1, ). (Entered: 08/31/2006) 09/01/2006 NOTATION ORDER SUSTAINING 56 Motion for Leave to File Brief in Excess of Page Limits. Signed by Judge Walter H Rice on 9/1/2006. (sc1, ) (Entered: 09/01/2006) 09/01/ MOTION for Attorney Fees Motion of s? Co-Lead Counsel for an Award of Attorneys? Fees and Reimbursement of Expenses by s Alan Gallow, Local 144 Nursing Home Pension Fund, Paul J Brunner, Joseph Lask, Robert J Gerardi, Gloria C Gerardi, Stephen Gilby, Michael Atlas, Gerald L Beckman, Denenberg Family Trust. (Attachments: # 1 Exhibit Exhibit A? Compilation of Time and Expenses# 2 Exhibit Exhibit B? Affidavit of Richard S. Wayne in Support of Joint Application of s? Co-Lead Counsel for an Award of Attorneys? Fees and Reimbursement of Expenses# 3 Exhibit Exhibit C? Affidavit of Brad N. Friedman in Support of Joint Application of s? Co-Lead Counsel for an Award of Attorneys? Fees and Reimbursement of Expenses)(Wayne, Richard) (Entered: 09/01/2006) 09/01/ Supplemental Memorandum Supporting re 50 Joint MOTION for Hearing Joint Motion for Entry of Preliminary Order for Notice and Hearing in Connection with Settlement Proceedings and s' Memorandum in Support of the Proposed Settlement, Plan of Allocation and Motion for an Award of Attorneys' Fees and Reimbursement of Expenses filed by s Alan Gallow, Local 144 Nursing Home Pension Fund, Paul J Brunner, Joseph Lask, Robert J Gerardi, Gloria C Gerardi, Stephen Gilby, Michael Atlas, Gerald L Beckman, Denenberg Family Trust, Alan Gallow, Local 144 Nursing Home Pension Fund, Paul J Brunner, Joseph Lask, Robert J Gerardi, Gloria C Gerardi, Stephen Gilby, Michael Atlas, Gerald L Beckman, Denenberg Family Trust. (Attachments: # 1 Supplement # 2 Exhibit Exhibit A? Affidavit of Jose C. Fraga# 3 Exhibit Exhibit B? Letters Withdrawing Objections# 4 Exhibit Exhibit C? Declaration of Layn R Phillips# 5 Exhibit Exhibit D? Declaration of David N. Fuller# 6 Exhibit Exhibit E? Transcript of Fairness Hearing_ )(Wayne, Richard) (Entered: 09/01/2006) 09/01/ NOTICE OF CONVENTIONAL FILING OF EXHIBIT IN SUPPORT OF OBJECTION OF FIDUCIARY COUNSELORS INC., IN ITS CAPACITY AS INDEPENDENT FIDUCIARY OF THE BROADWING RETIREMENT SAVINGS PLAN AND THE CINCINNATI BELL INC. SAVINGS AND SECURITY PLAN. *** ***Maintained in Exhibit Room Shelf 1 Bin 1(ep1, ) Modified on 9/1/2006 typo(ep1, ). Modified on 9/5/2006 (bev1, ). (Entered: 09/01/2006) 09/13/ NOTICE by Objector Fiduciary Counselors Inc of Withdrawal of Objection (Pepper, Timothy) (Entered: 09/13/2006) 09/28/ TRANSCRIPT of Proceedings - Fairness Hearing - held on September 6, 2006 before Judge Walter Herbert Rice. Court Reporter: Debra L. Futrell. (kopf1, ) (Entered: 09/28/2006) 10/03/ Letter from James R. Millikin Re: "No Objection" - Millikin does not wish to

19 participate. (ep1, ) Modified on 10/6/2006 (kse1, ). (Entered: 10/03/2006) 11/14/2006 Minute Entry for proceedings held before Judge Walter H Rice : Telephone Conference held on 11/14/2006. (5 min) (Court Reporter Monna McCormick.) (sc1, ) (Entered: 11/14/2006) 12/01/ ORDER AND FINAL JUDGMENT. Signed by Judge Walter H Rice on 11/30/06. (sc1, ) (Entered: 12/01/2006) 01/09/2007 NOTATION ORDER finding as moot 50 Motion for Hearing; CASE HAS SETTLED. Signed by Judge Walter H Rice on 1/9/07. (kse1, ) (Entered: 01/09/2007) Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at