Kubiak v. Barbas et al
Plaintiff: Stephen Kubiak, Catherine P. Holtmann, Patrick Nichting and Ralph B. Holtmann
Defendant: The AES Corporation, Barbara S. Graham, Pamela B. Morris, Paul Barbas, Ned J. Sifferlen, Dolphin Sub, Inc., DPL Inc., Lester L. Lyles, Frank F. Gallaher, Paul R. Bishop, Robert D. Biggs and Glenn E. Harder
Case Number: 3:2011cv00141
Filed: April 26, 2011
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: MONTGOMERY
Presiding Judge: Timothy S Black
Nature of Suit: Stockholders Suits
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 24, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 24, 2012 Opinion or Order Filing 66 ORDER AND FINAL JUDGMENT. Signed by Judge Timothy S. Black on 2/24/12. (mr1)
February 23, 2012 Minute Entry as to proceedings before Judge Timothy S. Black. This case came before the Court for a Settlement Hearing on 2/23/2012 at 10:30 a.m. Attorneys John Camillus, Scott Shepherd and Juan Monteverde participated on behalf of the Plaintiffs; Attorneys Charles Faruki and Judy Sobucki participated on behalf of Defendant DPL; and Attorneys Bill Porter, Rodney Holaday, and Ron Brown participated on behalf of Defendant AES. The parties presented their positions and the Court approved the proposed settlement. The terms of the settlement will be memorialized by separate written order. (Court Reporter Jodie Perkins (Official).) (mr1)
February 17, 2012 Filing 65 Joint MOTION for Settlement Approval and Response to Objections by Plaintiff Patrick Nichting. (Attachments: #1 Exhibit, #2 Exhibit, #3 Text of Proposed Order) (Camillus, John) Modified on 2/21/2012 - To add additional docket text language (tt).
February 13, 2012 Filing 64 MOTION for Approval of the Proposed Settlement by Defendants Paul Barbas, Robert D. Biggs, DPL Inc., Frank F. Gallaher, Barbara S. Graham, Glenn E. Harder, Lester L. Lyles, Pamela B. Morris, Ned J. Sifferlen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K. Rice Affidavit) (Faruki, Charles)
February 7, 2012 Filing 63 NOTICE by Defendants Paul Barbas, Robert D. Biggs, DPL Inc., Frank F. Gallaher, Barbara S. Graham, Glenn E. Harder, Lester L. Lyles, Pamela B. Morris, Ned J. Sifferlen of Compliance With the Court's Order Regarding Class Notice (Attachments: #1 Exhibit A. Miller Affidavit, #2 Exhibit A-1 to Miller Aff.) (Faruki, Charles)
January 18, 2012 Filing 62 MOTION for Settlement Approval, Certification of Settlement Class, and Approval of Request for Award of Attorney Fees and Expenses by Plaintiff Patrick Nichting. (Attachments: #1 Declaration of Juan E. Monteverde #2 Exhibit A #3 Exhibit B #4 Exhibit C #5 Exhibit D #6 Exhibit E #7 Exhibit F #8 Exhibit G #9 Exhibit H #10 Exhibit I #11 Exhibit J #12 Declaration of Juan E. Monteverde #13 Declaration of Scott R. Shepherd #14 Declaration of John C. Camillus, #15 Text of Proposed Order) (Camillus, John) Modified on 1/19/2012 - To identify exhibits (tt).
January 13, 2012 Filing 61 NOTICE by Defendants Paul Barbas, Robert D. Biggs, DPL Inc., Frank F. Gallaher, Barbara S. Graham, Glenn E. Harder, Lester L. Lyles, Pamela B. Morris, Ned J. Sifferlen of Withdrawal of Co-Counsel (Faruki, Charles)
November 8, 2011 Opinion or Order Filing 60 CALENDAR ORDER: Notice to federal and state officials: 11/12/2011. Notice to class members mailed: 11/18/2011. Deadline for Plaintiff's fee petition: 1/18/2012. Deadline for filing objections to settlement agreement: 2/9/2012. Deadline for any lawyer who intends to speak on behalf of an objector at the Settlement Hearing to enter a written notice of appearance: 2/16/2012. Joint motion for final approval of settlement and response to objections: 2/17/2012. Settlement Hearing in Dayton Courtroom 4: 2/23/2012 at 10:30 a.m. Signed by Judge Timothy S. Black on 11/8/11. (mr1)
November 8, 2011 Filing 59 NOTICE OF PENDENCY OF CLASS ACTION, PROPOSED SETTLEMENT AND SETTLEMENT HEARING. Signed by Judge Timothy S. Black on 11/8/11. (mr1)
November 8, 2011 Opinion or Order Filing 58 ORDER PRELIMINARILY APPROVING SETTLEMENT, APPROVING FORM AND METHOD OF NOTICE AND SCHEDULING SETTLEMENT HEARING AND OTHER DATES. Signed by Judge Timothy S. Black on 11/8/11. (mr1)
November 8, 2011 Minute Entry: This civil action came on before the Court for a status conference by telephone on 11/8/11 at 2:00 p.m. Attorneys Juan Monteverde, John Camillus, Charlie Faruki, Amanda Kosowsky, William Porter, Robert Saunders, and Ronald Brown participated. The Court communicated its intent to preliminarily approve the settlement and class notice, and the parties agreed to a settlement calendar. Orders to follow. (mr1)
November 2, 2011 NOTICE of Hearing: This case is set for a Status Conference by telephone on 11/8/2011 at 2:00 PM before Judge Timothy S. Black. COUNSEL SHALL CALL 1-888-684-8852 and use the following codes: Access Code: 8411435; Security Code: 123456, and wait on the line for the Court to join the conference. (mr1)
November 2, 2011 Filing 57 Joint MOTION for Settlement Joint Motion for Preliminary Approval of Settlement, Approval of Form and Method of Notice and For Entry of an Order Setting a Settlement Hearing Date and Other Dates by Defendants Paul Barbas, Robert D. Biggs, Paul R. Bishop, DPL Inc., Dolphin Sub, Inc., Frank F. Gallaher, Barbara S. Graham, Glenn E. Harder, Lester L. Lyles, Pamela B. Morris, Ned J. Sifferlen, The AES Corporation, Plaintiffs Catherine P. Holtmann, Ralph B. Holtmann, Stephen Kubiak, Patrick Nichting. (Attachments: #1 Exhibit 1, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-D) (Faruki, Charles)
August 1, 2011 Opinion or Order Filing 56 ORDER GRANTING JOINT MOTION TO SUSPEND BRIEFING SCHEDULE (Doc. #55 ). Signed by Judge Timothy S. Black on 8/1/11. (mr1)
July 29, 2011 Filing 55 Joint MOTION to Suspend Briefing Schedule re #42 MOTION for Preliminary Injunction , #48 MOTION to Dismiss the Amended and Consolidated Class Action and Derivative Complaint for Breach of Fiduciary Duty and Individual Claims for Violation of Sections 14(A) and 20(A) of The Securities Exchange Act of 1934, #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Consolidated Amended Complaint) by Defendants Paul Barbas, Robert D. Biggs, Paul R. Bishop, DPL Inc., Dolphin Sub, Inc., Frank F. Gallaher, Barbara S. Graham, Glenn E. Harder, Lester L. Lyles, Pamela B. Morris, Ned J. Sifferlen, The AES Corporation, Plaintiffs Catherine P. Holtmann, Ralph B. Holtmann, Stephen Kubiak, Patrick Nichting. (Faruki, Charles)
July 28, 2011 Filing 54 RESPONSE in Opposition re #48 MOTION to Dismiss the Amended and Consolidated Class Action and Derivative Complaint for Breach of Fiduciary Duty and Individual Claims for Violation of Sections 14(A) and 20(A) of The Securities Exchange Act of 1934, #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Consolidated Amended Complaint) filed by Plaintiff Patrick Nichting. (Camillus, John)
July 25, 2011 Opinion or Order Filing 53 AGREED PROTECTIVE ORDER. Signed by Judge Timothy S. Black on 7/25/11. (mr1)
July 22, 2011 Filing 52 Joint MOTION for Protective Order by Defendants Paul Barbas, Robert D. Biggs, Paul R. Bishop, DPL Inc., Dolphin Sub, Inc., Frank F. Gallaher, Barbara S. Graham, Glenn E. Harder, Lester L. Lyles, Pamela B. Morris, Ned J. Sifferlen, The AES Corporation, Plaintiffs Catherine P. Holtmann, Ralph B. Holtmann, Stephen Kubiak, Patrick Nichting. (Attachments: #1 Exhibit Agreed Protective Order) (Faruki, Charles)
July 20, 2011 Opinion or Order Filing 51 STIPULATION AND ORDER that the existing briefing schedules re: #42 Motion for Preliminary Injunction, #44 , #48 Motions to Dismiss are continued seven calendar days from their deadlines previously committed to per Minute Entry 7/8/11 and by Local Rules. The revised briefing schedule includes: Plaintiffs Omnibus Memorandum in Opposition to Defendants Motions to Dismiss is due July 29, 2011; Defendants Replies in Support of their Motions to Dismiss are due August 5, 2011; Defendants Memoranda in Opposition to Plaintiffs Motion for Preliminary Injunction are due August 8, 2011; Plaintiffs Reply in Support of the Motion for Preliminary Injunction is August 25, 2011. Signed by Judge Timothy S. Black on 7/20/11. (mr1)
July 20, 2011 Filing 50 Joint MOTION to Amend/Correct #42 MOTION for Preliminary Injunction , #48 MOTION to Dismiss the Amended and Consolidated Class Action and Derivative Complaint for Breach of Fiduciary Duty and Individual Claims for Violation of Sections 14(A) and 20(A) of The Securities Exchange Act of 1934, Status Conference, Set Motion and R&R Deadlines/Hearings,,,,,, #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Consolidated Amended Complaint) by Defendants Paul Barbas, Robert D. Biggs, Paul R. Bishop, DPL Inc., Dolphin Sub, Inc., Frank F. Gallaher, Barbara S. Graham, Glenn E. Harder, Lester L. Lyles, Pamela B. Morris, Ned J. Sifferlen, The AES Corporation, Plaintiffs Catherine P. Holtmann, Ralph B. Holtmann, Stephen Kubiak, Patrick Nichting. (Attachments: #1 Text of Proposed Order) (Holaday, Rodney)
July 15, 2011 Opinion or Order Filing 49 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO EXPEDITE DISCOVERY (Doc. 41). Signed by Judge Timothy S. Black on 7/15/11. (mr1)
July 11, 2011 Opinion or Order Notation Order: This civil action is before the Court on Defendant DPL's motion for leave to file an oversized brief. For good cause shown, Defendant's motion (Doc. #47 ) is hereby GRANTED. IT IS SO ORDERED by Judge Timothy S. Black on 7/11/11. (mr1)
July 11, 2011 Opinion or Order Notation Order: This civil action is before the Court on Defendant DPL's motion to dismiss (Doc. 22). Because amended complaints supersede the original pleading, the filing of the amended complaint in this case did technically render the pending motion to dismiss moot. Yates v. Applied Performance Techs., Inc., 205 F.R.D. 497, 499 (S.D. Ohio 2002). Accordingly, Defendant's motion to dismiss (Doc. 22) is DENIED as MOOT. IT IS SO ORDERED by Judge Timothy S. Black on 7/11/11. (mr1)
July 8, 2011 Minute Entry for proceedings held before Judge Timothy S. Black: This civil action came on before the Court for a telephone status conference regarding Plaintiffs' motion to expedite discovery (Doc. #41 ) and motion for preliminary injunction (Doc. #42 ). Attorneys for Plaintiffs, Juan Monteverde, Brian Moon, Scott Shepherd, Patrick Klingman, Jayne Goldstein, and John Camillus, and Attorneys for Defendants, Charles Faruki, Amanda Kosowsky, Gregory Markel, William Porter, Rodney Holaday, Ronald Brown, and Edward Welch, participated. The parties committed to the following expedited briefing schedule on the pending motions to dismiss (Docs. #44 , #48 ): Plaintiffs' omnibus memorandum contra: 7/22/11; Defendants' replies: 7/29/11. The Court waives page limitations on these pleadings. (mr1)
July 8, 2011 Filing 48 MOTION to Dismiss the Amended and Consolidated Class Action and Derivative Complaint for Breach of Fiduciary Duty and Individual Claims for Violation of Sections 14(A) and 20(A) of The Securities Exchange Act of 1934 by Defendants Paul Barbas, Robert D. Biggs, DPL Inc., Frank F. Gallaher, Barbara S. Graham, Glenn E. Harder, Lester L. Lyles, Pamela B. Morris, Ned J. Sifferlen. Responses due by 8/1/2011 (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Exhibit A Part 3, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F) (Faruki, Charles)
July 8, 2011 Filing 47 MOTION for Leave to File Oversize Brief by Defendants Paul Barbas, Robert D. Biggs, DPL Inc., Frank F. Gallaher, Barbara S. Graham, Glenn E. Harder, Lester L. Lyles, Pamela B. Morris, Ned J. Sifferlen. (Faruki, Charles)
July 7, 2011 Filing 46 RESPONSE in Opposition re #41 MOTION to Expedite Discovery MOTION for Discovery filed by Defendants Paul Barbas, Robert D. Biggs, DPL Inc., Frank F. Gallaher, Barbara S. Graham, Glenn E. Harder, Lester L. Lyles, Pamela B. Morris, Ned J. Sifferlen. (Attachments: #1 Exhibit A) (Faruki, Charles)
July 7, 2011 Filing 45 REPLY to Response to Motion re #41 MOTION to Expedite Discovery MOTION for Discovery filed by Plaintiff Patrick Nichting. (Camillus, John)
July 7, 2011 NOTICE of Hearing: This civil action is set for a telephone status conference regarding Plaintiffs' motion to expedite discovery (Doc. #41 ) and motion for preliminary injunction (Doc. #42 ), on 7/8/11 at 3:00 p.m. Counsel shall call: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. (mr1)
July 6, 2011 Filing 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Consolidated Amended Complaint) by Defendants Dolphin Sub, Inc., The AES Corporation. (Attachments: #1 Exhibit Preliminary Proxy Statement, #2 Exhibit Transcript) (Holaday, Rodney)
July 6, 2011 Filing 43 RESPONSE IN OPPOSITION to Motion #41 MOTION to Expedite Discovery filed by Defendants Dolphin Sub, Inc., The AES Corporation. (Attachments: #1 Exhibit Preliminary Proxy Statement, #2 Exhibit Transcript) (Holaday, Rodney) Modified on 7/7/2011 - To create hyper-link and edit docket text for clarity (tt).
July 6, 2011 Filing 42 MOTION for Preliminary Injunction by Plaintiff Patrick Nichting. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit) (Camillus, John)
July 5, 2011 Filing 41 MOTION to Expedite Discovery, MOTION for Discovery by Plaintiff Patrick Nichting. (Attachments: #1 Text of Proposed Order, #2 Affidavit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit) (Camillus, John)
June 30, 2011 Filing 40 AMENDED COMPLAINT With Jury Demand against All Defendants, filed by Patrick Nichting. (Camillus, John) Modified on 7/1/2011 - To include jury demand language (tt).
June 24, 2011 Opinion or Order Filing 39 ORDER granting #33 Motion for Leave to Appear Pro Hac Vice of Jayne A. Goldstein. Signed by Judge Timothy S. Black on 6/24/11. (mr1)
June 21, 2011 Filing 38 NOTICE by Plaintiff Patrick Nichting re #33 MOTION for Leave to Appear Pro Hac Vice of Jayne A. Goldstein (Filing fee $ 200, receipt number 0648-3198102) Submission of Certificate of Good Standing (Attachments: #1 Exhibit Certificate of Good Standing) (Camillus, John)
June 14, 2011 Opinion or Order Filing 37 ORDER: The Court hereby APPOINTS Faruqi & Faruqi and Shepherd Finkelman as Co-Lead Counsel and the Law Offices of John C. Camillus as Liaison Counsel, thereby GRANTING their Motion (Doc. 9 in Case No. 3:11cv148). The additional movants' Motions to Appoint Lead Counsel (Doc. 10 in Case No. 3:11cv141; Doc. 8 in Case No. 3:11cv173 are DENIED. Signed by Judge Timothy S. Black on 6/14/11. (mr1)
June 14, 2011 Opinion or Order Filing 36 ORDER granting #34 Motion for Leave to Appear Pro Hac Vice of Stephen J. Oddo; denying as moot #9 Motion for Leave to Appear Pro Hac Vice of Stephen J. Oddo. Signed by Judge Timothy S. Black on 6/14/11. (mr1)
June 14, 2011 Opinion or Order Filing 35 ORDER granting #32 Motion for Leave to Appear Pro Hac Vice of Scott R. Shepherd. Signed by Judge Timothy S. Black on 6/14/11. (mr1)
June 14, 2011 Filing 34 MOTION for Leave to Appear Pro Hac Vice of Stephen J. Oddo (Filing fee $ 200, receipt number 06483170747) by Plaintiff Stephen Kubiak. (Attachments: #1 Exhibit A) (Landskroner, Jack)
June 13, 2011 Filing 33 MOTION for Leave to Appear Pro Hac Vice of Jayne A. Goldstein (Filing fee $ 200, receipt number 0648-3198102) by Plaintiff Patrick Nichting. (Attachments: #1 Exhibit Certificate of Good Standing) (Camillus, John)
June 13, 2011 Filing 32 MOTION for Leave to Appear Pro Hac Vice of Scott R. Shepherd (Filing fee $ 200, receipt number 0648-3198039) by Plaintiff Patrick Nichting. (Attachments: #1 Exhibit Certificate of Good Standing) (Camillus, John)
June 13, 2011 Minute Entry for proceedings held before Judge Timothy S. Black: This civil action came on before the Court for hearing and oral argument on the issues of lead and liaison counsel on 6/10/11 at 10:45 a.m. Attorneys for Plaintiffs, Jack Landskroner, Stephen Otto, John Camillus, Juan Monteverde, Brain Moon, Scott Shepherd, Matthew Wilson and Darrin Williams, and Attorneys for Defendants Charles Faruki, Thomas Kraemer, Amanda Kosowsky, William Porter and Robert Saunders participated. The Court took the matter under advisement. (Court Reporter Jodie Perkins (Official).) (mr1)
June 13, 2011 ALL PARTIES: This case is CONSOLIDATED re: #31 ORDER OF CONSOLIDATION. Docketing should be made on this lead case of 3:11-cv-141. For future docketing, at the screen prompt: Do you want to spread this docket entry? CLICK NO. (mr1)
June 13, 2011 Opinion or Order Filing 31 ORDER OF CONSOLIDATION: Plaintiff's Motions to consolidate (Doc 10 - 3:11-cv-141; Doc 7 - 3:11-cv-148 and Doc 5 - 3:11-cv-173) are GRANTED; these three cases are CONSOLIDATED for all purposes under the LOWER DOCKET NUMBER 3:11-cv-141; ALL FUTURE FILINGS shall be made in Consolidated Case No. 3:11-cv-141. Signed by Judge Timothy S. Black on 6/10/11. Signed by Judge Timothy S. Black on 6/10/11. (mr1)
June 8, 2011 Filing 30 REPLY to Response to Motion re #10 MOTION to Consolidate Cases , Appoint Lead Counsel and Liaison Counsel, and Request an Early hearing filed by Plaintiff Stephen Kubiak. (Landskroner, Jack)
June 8, 2011 Filing 29 REPLY to Response to Motion re #10 MOTION to Consolidate Cases , Appoint Lead Counsel and Liaison Counsel, and Request an Early hearing filed by Movant Patrick Nichting. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (Camillus, John)
June 7, 2011 Filing 28 RESPONSE in Opposition re #10 MOTION to Consolidate Cases , Appoint Lead Counsel and Liaison Counsel, and Request an Early hearing ; and Cross-Motion to Appoint Lead and Liaison Counsel filed by Movants Catherine P. Holtmann, Ralph B. Holtmann. (Attachments: #1 Memorandum in Support, #2 Declaration of Matthew R. Wilson, #3 Exhibit 1, #4 Exhibit 2, #5 Text of Proposed Order) (Wilson, Matthew)
June 3, 2011 Opinion or Order Filing 27 ORDER granting #24 Motion for Leave to Appear Pro Hac Vice of Amanda L. Kosowsky and Gregory A. Markel; granting #25 Motion for Leave to Appear Pro Hac Vice of Amanda L. Kosowsky and Gregory A. Markel. Signed by Judge Timothy S. Black on 6/3/11. (mr)
June 2, 2011 Filing 26 Corporate Disclosure Statement by Defendant DPL Inc. (Faruki, Charles) Modified to clarify docket text on 6/3/2011 (mtw).
June 2, 2011 Filing 25 MOTION for Leave to Appear Pro Hac Vice of Gregory A. Markel (Filing fee $ 200, receipt number 0648-3182691) by Defendants Paul Barbas, Robert D. Biggs, Paul R. Bishop, DPL Inc., Frank F. Gallaher, Barbara S. Graham, Glenn E. Harder, Lester L. Lyles, Pamela B. Morris, Ned J. Sifferlen. (Attachments: #1 Exhibit A. Certificate) (Faruki, Charles)
June 2, 2011 Filing 24 MOTION for Leave to Appear Pro Hac Vice of Amanda L. Kosowsky (Filing fee $ 200, receipt number 0648-3182659) by Defendants Paul Barbas, Robert D. Biggs, Paul R. Bishop, DPL Inc., Frank F. Gallaher, Barbara S. Graham, Glenn E. Harder, Lester L. Lyles, Pamela B. Morris, Ned J. Sifferlen. (Attachments: #1 Exhibit A. Certificate) (Faruki, Charles)
June 1, 2011 Opinion or Order Filing 23 ORDER granting #13 Motion for Leave to Appear Pro Hac Vice of Edward P. Welch; granting #14 Motion for Leave to Appear Pro Hac Vice of Robert S. Saunders; granting #15 Motion for Leave to Appear Pro Hac Vice of Ronald N. Brown, III. Signed by Judge Timothy S. Black on 6/1/11. (mr)
June 1, 2011 Set Deadlines as to #10 MOTION to Consolidate Cases , Appoint Lead Counsel and Liaison Counsel, and Request an Early hearing. Motion Hearing set for 6/10/2011 10:45 AM in Teleconference before Judge Timothy S. Black. (lk)
June 1, 2011 Minute entry: This civil action came on before the Court for a telephone status conference on 6/1/11 at 1:30 p.m. Attorneys for Plaintiffs, Jack Landskroner, Stephen Otto, John Camillus, Juan Monteverde, Scott Shepherd, Matthew Wilson, and Darrin Williams, and Attorneys for Defendants, Charles Faruki, Thomas Kraemer, Amanda Kosowsky, William Porter, Edward Welch, Rodney Holaday, and Robert Saunders participated. All briefing on the issues of consolidation and lead and liaison counsel shall be completed by 6/8/11 at 5:00 p.m. If the parties are unable to reach an agreement with respect to these issues, the matter is set for a hearing and oral argument by telephone on 6/10/11 at 10:45 a.m. Counsel shall call: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. (lk)
June 1, 2011 Filing 22 MOTION to Dismiss Plaintiff's Derivative and Class Action Complaint by Defendants Paul Barbas, Robert D. Biggs, Paul R. Bishop, DPL Inc., Frank F. Gallaher, Barbara S. Graham, Glenn E. Harder, Lester L. Lyles, Pamela B. Morris, Ned J. Sifferlen. Responses due by 6/27/2011 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Faruki, Charles)
June 1, 2011 Filing 21 Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorneys Gregory A. Markel and Amanda Kosowsky. (mr)
June 1, 2011 Filing 20 Pro Hac Vice Filing Fee Received: Per (Doc. #15 ) Motion for Attorney Ronald N. Brown III to appear Pro Hac Vice $ 200.00, Receipt Number 300DAY007135. (cib1)
June 1, 2011 Filing 19 Pro Hac Vice Filing Fee Received: Per (Doc. #14 ) Motion for Attorney Robert S. Saunders to appear Pro Hac Vice $ 200.00, Receipt Number 300DAY007134. (cib1)
June 1, 2011 Filing 18 Pro Hac Vice Filing Fee Received: Per (Doc. #13 ) Motion for Attorney Edward P. Welch to appear Pro Hac Vice $ 200.00, Receipt Number 300DAY007133. (cib1)
June 1, 2011 Filing 17 RESPONSE in Opposition re #10 MOTION to Consolidate Cases , Appoint Lead Counsel and Liaison Counsel, and Request an Early hearing filed by Defendant Patrick Nichting. (Attachments: #1 Exhibit, #2 Exhibit, #3 Text of Proposed Order) (Camillus, John)
May 31, 2011 Filing 16 SUMMONS Returned Executed as to Defendant The AES Corporation. The AES Corporation served on 5/27/2011, answer due 6/17/2011. (kje1)
May 31, 2011 Filing 15 MOTION for Leave to Appear Pro Hac Vice of Ronald N. Brown III by Defendants Dolphin Sub, Inc., The AES Corporation. (Attachments: #1 Exhibit Certificate of Good Standing) (Holaday, Rodney) Modified on 5/31/2011 (lk).
May 31, 2011 Filing 14 MOTION for Leave to Appear Pro Hac Vice of Robert S. Saunders (Filing fee $ 200) by Defendants Dolphin Sub, Inc., The AES Corporation. (Attachments: #1 Exhibit Certificate of Good Standing) (Holaday, Rodney)
May 31, 2011 Filing 13 MOTION for Leave to Appear Pro Hac Vice of Edward P. Welch (Filing fee $ 200) by Defendants Dolphin Sub, Inc., The AES Corporation. (Attachments: #1 Exhibit Certificate of Good Standing) (Holaday, Rodney)
May 31, 2011 Opinion or Order NOTATION ORDER: This case is before the Court on Defendants' motion for leave to file a memorandum in support of their motion to dismiss in excess of 20 pages. (Doc. #12 ). For good cause shown, Defendants' motion is hereby GRANTED. IS IT SO ORDERED by Judge Timothy S. Black on 5/31/11. (mr)
May 27, 2011 Filing 12 MOTION for Leave to File Excess Pages for an Oversize Memorandum by Defendants Paul Barbas, Robert D. Biggs, Paul R. Bishop, DPL Inc., Frank F. Gallaher, Barbara S. Graham, Glenn E. Harder, Lester L. Lyles, Pamela B. Morris, Ned J. Sifferlen. (Faruki, Charles)
May 27, 2011 Filing 11 NOTICE of Appearance by Charles Joseph Faruki and Thomas R. Kraemer for Defendants Paul Barbas, Robert D. Biggs, Paul R. Bishop, DPL Inc., Frank F. Gallaher, Barbara S. Graham, Glenn E. Harder, Lester L. Lyles, Pamela B. Morris, Ned J. Sifferlen (Faruki, Charles) Modified to add Mr Kraemer's name on 6/1/2011 (mr).
May 27, 2011 NOTICE of Hearing: The telephone status conference set before Judge Timothy S. Black for 6/1/11 at 2:00 p.m. is VACATED and RESCHEDULED for 6/1/11 at 1:30 p.m. Counsel shall call: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. (mr)
May 26, 2011 NOTICE of Hearing: This civil action is set for a telephone status conference on 6/1/11 at 2:00 p.m. Counsel shall call: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. (mr)
May 25, 2011 Filing 10 MOTION to Consolidate Cases , Appoint Lead Counsel and Liaison Counsel, and Request an Early hearing by Plaintiff Stephen Kubiak. (Attachments: #1 Memorandum in Support, #2 Declaration of Jack Landskroner, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Text of Proposed Order) (Landskroner, Jack)
May 25, 2011 Filing 9 MOTION for Leave to Appear Pro Hac Vice of Stephen J. Oddo (Filing fee $ 200, receipt number 0648-3170747) by Plaintiff Stephen Kubiak. (Attachments: #1 Exhibit A) (Landskroner, Jack).
May 12, 2011 Filing 8 NOTICE of Appearance by Rodney Alan Holaday for Defendants Dolphin Sub, Inc., The AES Corporation (Holaday, Rodney)
May 12, 2011 Filing 7 Corporate Disclosure Statement by Defendants Dolphin Sub, Inc., The AES Corporation identifying Corporate Parent The AES Corporation for Dolphin Sub, Inc... (Porter, William)
May 12, 2011 Filing 6 Corporate Disclosure Statement by Defendant The AES Corporation. (Porter, William)
May 12, 2011 Filing 5 NOTICE of Appearance by William Glover Porter, II for Defendants Dolphin Sub, Inc., The AES Corporation (Porter, William)
May 6, 2011 Filing 4 WAIVER OF SERVICE Returned Executed. Waiver sent to Lester L. Lyles on 4/28/2011, answer due 6/27/2011; Glenn E. Harder on 4/28/2011, answer due 6/27/2011; Ned J. Sifferlen on 4/28/2011, answer due 6/27/2011; Frank F. Gallaher on 4/28/2011, answer due 6/27/2011; Paul Barbas on 4/28/2011, answer due 6/27/2011; Barbara S. Graham on 4/28/2011, answer due 6/27/2011; Paul R. Bishop on 4/28/2011, answer due 6/27/2011; Pamela B. Morris on 4/28/2011, answer due 6/27/2011; DPL Inc. on 4/28/2011, answer due 6/27/2011; Robert D. Biggs on 4/28/2011, answer due 6/27/2011. (Attachments: #1 Exhibit Attachment) (Faruki, Charles)
April 27, 2011 Filing 3 Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorney Brian J.Robbins, Stephen J. Oddo, Joe Kendall, and Jamie J. McKey. (jlw)
April 27, 2011 If this case is referred it will be referred to Magistrate Judge Michael R. Merz. (kje1)
April 27, 2011 Filing 2 Summons Issued as to Paul Barbas, Robert D. Biggs, Paul R. Bishop, DPL Inc., Dolphin Sub, Inc., Frank F. Gallaher, Barbara S. Graham, Glenn E. Harder, Lester L. Lyles, Pamela B. Morris, Ned J. Sifferlen, The AES Corporation. (jlw)
April 26, 2011 Filing 1 COMPLAINT with JURY DEMAND (Verified Shareholder Derivative and Class Action Complaint Based Upon Self-Dealing and Breach of Fiduciary Duty against All Defendants ( Filing fee $ 350 paid - receipt number: 0648-3124558), filed by Stephen Kubiak. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Verification, #3 Summons Form) (Landskroner, Jack)

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Defendant: The AES Corporation
Represented By: Edward P Welch
Represented By: Ronald N Brown, III
Represented By: Rodney Alan Holaday
Represented By: Robert S Saunders
Represented By: William Glover Porter, II
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Defendant: Barbara S. Graham
Represented By: Thomas Robert Kraemer
Represented By: Amanda Kosowsky
Represented By: Rodney Alan Holaday
Represented By: Charles Joseph Faruki
Represented By: Gregory A Markel
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Defendant: Pamela B. Morris
Represented By: Thomas Robert Kraemer
Represented By: Amanda Kosowsky
Represented By: Rodney Alan Holaday
Represented By: Charles Joseph Faruki
Represented By: Gregory A Markel
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Defendant: Paul Barbas
Represented By: Thomas Robert Kraemer
Represented By: Amanda Kosowsky
Represented By: Rodney Alan Holaday
Represented By: Charles Joseph Faruki
Represented By: Gregory A Markel
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Defendant: Ned J. Sifferlen
Represented By: Thomas Robert Kraemer
Represented By: Amanda Kosowsky
Represented By: Rodney Alan Holaday
Represented By: Charles Joseph Faruki
Represented By: Gregory A Markel
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Defendant: Dolphin Sub, Inc.
Represented By: Edward P Welch
Represented By: Ronald N Brown, III
Represented By: Rodney Alan Holaday
Represented By: Robert S Saunders
Represented By: William Glover Porter, II
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Defendant: DPL Inc.
Represented By: Thomas Robert Kraemer
Represented By: Amanda Kosowsky
Represented By: Rodney Alan Holaday
Represented By: Charles Joseph Faruki
Represented By: Gregory A Markel
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Defendant: Lester L. Lyles
Represented By: Thomas Robert Kraemer
Represented By: Amanda Kosowsky
Represented By: Rodney Alan Holaday
Represented By: Charles Joseph Faruki
Represented By: Gregory A Markel
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Defendant: Frank F. Gallaher
Represented By: Thomas Robert Kraemer
Represented By: Amanda Kosowsky
Represented By: Rodney Alan Holaday
Represented By: Charles Joseph Faruki
Represented By: Gregory A Markel
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Defendant: Paul R. Bishop
Represented By: Thomas Robert Kraemer
Represented By: Amanda Kosowsky
Represented By: Charles Joseph Faruki
Represented By: Gregory A Markel
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Defendant: Robert D. Biggs
Represented By: Thomas Robert Kraemer
Represented By: Amanda Kosowsky
Represented By: Rodney Alan Holaday
Represented By: Charles Joseph Faruki
Represented By: Gregory A Markel
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Defendant: Glenn E. Harder
Represented By: Thomas Robert Kraemer
Represented By: Amanda Kosowsky
Represented By: Rodney Alan Holaday
Represented By: Charles Joseph Faruki
Represented By: Gregory A Markel
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Plaintiff: Stephen Kubiak
Represented By: Stephen J Oddo
Represented By: Rodney Alan Holaday
Represented By: Jack Landskroner
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Plaintiff: Catherine P. Holtmann
Represented By: David P Meyer
Represented By: Rodney Alan Holaday
Represented By: Matthew R Wilson
Represented By: Darrin L Williams
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Plaintiff: Patrick Nichting
Represented By: Juan E Monteverde
Represented By: Jayne A Goldstein
Represented By: Rodney Alan Holaday
Represented By: John C Camillus
Represented By: Scott R Shepherd
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Plaintiff: Ralph B. Holtmann
Represented By: David P Meyer
Represented By: Rodney Alan Holaday
Represented By: Matthew R Wilson
Represented By: Darrin L Williams
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