U.S. District Court Southern District of Ohio...

US District Court Civil Docket as of 10/13/2004 Retrieved from the court on Friday, July 22, 2005

U.S. District Court Southern District of Ohio (Dayton)

CIVIL DOCKET FOR CASE #: 3:02-cv-00355-WHR

Buckeye Elec Co Ret, et al v. DPL Inc, et al Assigned to: Walter H Rice Demand: $0 Cause: 28:1441 - Petition for Removal: Securities Fraud

Date Filed: 08/05/2002 Jury Demand: Defendant Nature of Suit: 160 Stockholders Suits Jurisdiction: Federal Question

Plaintiff The Buckeye Electric Company Retirement Plan through Richard L Smythe, Trustee, directly on behalf of itself and other similarly situated shareholders of DPL, Inc and derivatively on behalf of DPL, Inc

represented by James Rubin Cummins Waite Schneider Bayless & Chesley Co LPA 1513 Fourth & Vine Tower One West Fourth Street Cincinnati, OH 45202 usa 513-621-0267 Fax: 513-381-2375 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Lawrence D McCabe Milberg Weiss Bershad Hynes & Lerach LLP One Pennsylvania Plaza 49th Floor New York, NY 10119-0165 212-594-5300 LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard H Weiss Milberg Weiss Bershad Hynes & Lerach LLP One Pennsylvania Plaza 49th Floor New York, NY 10119-0165 212-594-5300 LEAD ATTORNEY ATTORNEY TO BE NOTICED Stanley Morris Chesley Waite Schneider Bayless & Chesley Co

LPA 1513 Fourth & Vine Tower One West Fourth Street Cincinnati, OH 45202 513-621-0267 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven G Schulman Milberg, Weiss, Bershad, Hynes & Lerach 1 Pennsylvania Plaza Suite 4915 New York, NY 10119-0165 212-594-5300 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Uri Seth Ottensoser Milberg Weiss Bershad Hynes & Lerach LLP One Pennsylvania Plaza New York, NY 10119 212-594-5300 LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Ryan Barrett Barrett & Weber 500 Fourth & Walnut Centre 105 East 4th Street Cincinnati, OH 45202-3114 513-721-2120 Fax: 513-721-2120 Email: [email protected] ATTORNEY TO BE NOTICED Thomas P Glass Strauss & Troy Federal Reserve Building 4th Floor 150 East Fourth Street Cincinnati, OH 45202-4018 513-621-2120 Email: [email protected] ATTORNEY TO BE NOTICED Melanie S Corwin Waite Schneider Bayless & Chesley Co

LPA 1513 Fourth & Vine Tower One West Fourth Street Cincinnati, OH 45202 513-621-0267 Email: [email protected] ATTORNEY TO BE NOTICED Richard Stuart Wayne Strauss & Troy - 1 150 E Fourth Street 4th Floor Cincinnati, OH 45202-4018 513-621-2120 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

Richard E Hurley represented by James Rubin Cummins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lawrence D McCabe (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard H Weiss (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stanley Morris Chesley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Ryan Barrett (See above for address) ATTORNEY TO BE NOTICED Thomas P Glass (See above for address) ATTORNEY TO BE NOTICED Richard Stuart Wayne (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Donald Moberly Trustee Under the Moberly Family Revocable Living Trust U/A Dated 11/2/99

represented by James Rubin Cummins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lawrence D McCabe (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard H Weiss (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stanley Morris Chesley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Ryan Barrett (See above for address) ATTORNEY TO BE NOTICED Thomas P Glass (See above for address) ATTORNEY TO BE NOTICED Richard Stuart Wayne (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Flora Moberly Trustee Under the Moberly Family Revocable Living Trust U/A Dated 11/2/99

represented by James Rubin Cummins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lawrence D McCabe (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard H Weiss (See above for address) LEAD ATTORNEY

ATTORNEY TO BE NOTICED Stanley Morris Chesley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Ryan Barrett (See above for address) ATTORNEY TO BE NOTICED Thomas P Glass (See above for address) ATTORNEY TO BE NOTICED Richard Stuart Wayne (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Donald E Hime represented by James Rubin Cummins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lawrence D McCabe (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard H Weiss (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stanley Morris Chesley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Ryan Barrett (See above for address) ATTORNEY TO BE NOTICED Thomas P Glass (See above for address) ATTORNEY TO BE NOTICED Richard Stuart Wayne

(See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Glenda E Hime represented by James Rubin Cummins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lawrence D McCabe (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard H Weiss (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stanley Morris Chesley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Ryan Barrett (See above for address) ATTORNEY TO BE NOTICED Thomas P Glass (See above for address) ATTORNEY TO BE NOTICED Richard Stuart Wayne (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Robert Garfield on behalf of himself and all others similarly situated C-3-02-460

represented by Eric S Bravo Roetzel & Andress - 2 National City Plaza 155 E Broad Street 12th Floor Columbus, OH 43215 614-463-9770 Fax: 614-463-9792 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kevin Jesse Osterkamp Roetzel & Andress - 2 National City Plaza 155 E Broad Street 12th Floor Columbus, OH 43215 614-463-9770 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Ryan Barrett (See above for address) ATTORNEY TO BE NOTICED Thomas P Glass (See above for address) ATTORNEY TO BE NOTICED James Rubin Cummins (See above for address) ATTORNEY TO BE NOTICED Richard Stuart Wayne (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Malcom Rosenfeld on behalf of himself and all others similarly situated C-3-02-479

represented by Robert S Brown The Brown Firm, Inc. LPA - 1 2199 Victory Parkway Cincinnati, OH 45206 513-381-2121 Fax: 513-381-2121 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Ryan Barrett (See above for address) ATTORNEY TO BE NOTICED Thomas P Glass (See above for address) ATTORNEY TO BE NOTICED James Rubin Cummins (See above for address)

ATTORNEY TO BE NOTICED Richard Stuart Wayne (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Michael J Bennett on behalf of themselves and all others similarly situated C-3-02-508

represented by Richard Lawrence Norton Katz Greenberger & Norton 105 East Fourth Street 4th Floor Cincinnati, OH 45202-4056 513-721-5151 Fax: 513-721-5151 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Ryan Barrett (See above for address) ATTORNEY TO BE NOTICED Thomas P Glass (See above for address) ATTORNEY TO BE NOTICED James Rubin Cummins (See above for address) ATTORNEY TO BE NOTICED Richard Stuart Wayne (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Susan D Bennett on behalf of themselves and all others similarly situated C-3-02-508

represented by Richard Lawrence Norton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Ryan Barrett (See above for address) ATTORNEY TO BE NOTICED Thomas P Glass (See above for address) ATTORNEY TO BE NOTICED

James Rubin Cummins (See above for address) ATTORNEY TO BE NOTICED Richard Stuart Wayne (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Alvin Rosenbaum plaintiff in C-3-02-545

represented by John Henry Stachler Jablinski, Folino, Roberts & Martin P O Box 1266 214 W Monument Avenue Dayton, OH 45402-9766 937-461-5980 Fax: 937-461-4139 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Ryan Barrett (See above for address) ATTORNEY TO BE NOTICED Thomas P Glass (See above for address) ATTORNEY TO BE NOTICED James Rubin Cummins (See above for address) ATTORNEY TO BE NOTICED Richard Stuart Wayne (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Anthony Milite individually and on behalf of all others similarly sitated C-3-02-556

represented by John Henry Stachler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Ryan Barrett (See above for address) ATTORNEY TO BE NOTICED Thomas P Glass (See above for address)

ATTORNEY TO BE NOTICED James Rubin Cummins (See above for address) ATTORNEY TO BE NOTICED Richard Stuart Wayne (See above for address) ATTORNEY TO BE NOTICED

V.

Defendant

DPL Inc parent holding company for The Dayton Power and Light Company

represented by Charles Joseph Faruki Faruki Ireland & Cox PLL - 3 500 Courthouse Plaza, SW 10 N Ludlow Street Dayton, OH 45402-1818 937-227-3705 Fax: 937-227-3705 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Eric T Gortner Kirkland & Ellis 200 E Randolph Drive Chicago, IL 60601 312-861-2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED James C Munson Kirkland & Ellis 200 E Randolph Drive Chicago, IL 60601 312-861-2000 TERMINATED: 07/07/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D. Foster Kirkland & Ellis 200 E Randolph Drive Chicago, IL 60601 312-861-2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas Robert Kraemer Faruki Gilliam & Cox PLL - 3 500 Courthouse Plaza SW 10 N Ludlow Street Dayton, OH 45402-1818 937-227-3725 Fax: 937-227-3717 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Stephen F Koziar, Jr represented by Charles Joseph Faruki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Eric T Gortner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James C Munson (See above for address) TERMINATED: 07/07/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D. Foster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas Robert Kraemer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Peter H Forster represented by Eric T Gortner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gregory A Markel Cadwalader, Wickerslam & Taft 100 Maiden Lane New York, NY 10038

TERMINATED: 06/01/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED James C Munson (See above for address) TERMINATED: 07/07/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Martin Lee Seidel Cadwalader, Wickerslam & Taft 100 Maiden Lane New York, NY 10038 TERMINATED: 06/01/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D. Foster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas Robert Kraemer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles Joseph Faruki (See above for address) TERMINATED: 05/18/2004 Charles S Sullivan Arklin Kaplan LLP 590 Madison Avenue 35th Floor New York, NY 10022 ATTORNEY TO BE NOTICED Daniel E Izenson Keating Muething & Klekamp - 1 One E Fourth Street Suite 1400 Cincinnati, OH 45202 513-579-6400 Fax: 513-579-6505 Email: [email protected] ATTORNEY TO BE NOTICED Danielle Sallah

Arklin Kaplan LLP 590 Madison Avenue 35th Floor New York, NY 10022 ATTORNEY TO BE NOTICED Joseph M Callow, Jr Keating Muething & Klekamp - 1 One E Fourth Street Suite 1400 Cincinnati, OH 45202 513-579-6400 Fax: 513-579-6419 Email: [email protected] ATTORNEY TO BE NOTICED Stanley S Arkin Arklin Kaplan LLP 590 Madison Avenue 35th Floor New York, NY 10022 ATTORNEY TO BE NOTICED Louis Francis Gilligan Keating Muething & Klekamp - 1 One E Fourth Street Suite 1400 Cincinnati, OH 45202 513-579-6400 Fax: 513-579-6523 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Allen M Hill represented by Charles Joseph Faruki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Eric T Gortner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James C Munson (See above for address) TERMINATED: 07/07/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael D. Foster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas Robert Kraemer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Elizabeth M McCarthy represented by Charles Joseph Faruki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Eric T Gortner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James C Munson (See above for address) TERMINATED: 07/07/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D. Foster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas Robert Kraemer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

James F Dicke, II represented by Charles Joseph Faruki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Eric T Gortner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James C Munson (See above for address) TERMINATED: 07/07/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Alan VanderLaan 1900 Chemed Center 225 E. Fifth Street Cincinnati, OH 45202 (513) 977-8200 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Mary Ellen Hennessy Katten Muchin Zavis Rosenman - 1 525 W Monore Street Suite 1600 Chicago, IL 60661-3963 LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D. Foster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven L Bashwiner Katten Muchin Zavis Rosenman - 1 525 W Monore Street Suite 1600 Chicago, IL 60661-3963 LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas Robert Kraemer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Jane G Haley represented by Charles Joseph Faruki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Eric T Gortner

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James C Munson (See above for address) TERMINATED: 07/07/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Alan VanderLaan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mary Ellen Hennessy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D. Foster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven L Bashwiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas Robert Kraemer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Ernie Green represented by Charles Joseph Faruki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Eric T Gortner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James C Munson (See above for address) TERMINATED: 07/07/2004

LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Alan VanderLaan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mary Ellen Hennessy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D. Foster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven L Bashwiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas Robert Kraemer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

David R Holmes represented by Charles Joseph Faruki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Eric T Gortner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James C Munson (See above for address) TERMINATED: 07/07/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Alan VanderLaan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary Ellen Hennessy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D. Foster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven L Bashwiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas Robert Kraemer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Burnell R Roberts represented by Charles Joseph Faruki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Eric T Gortner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James C Munson (See above for address) TERMINATED: 07/07/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Alan VanderLaan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mary Ellen Hennessy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D. Foster

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven L Bashwiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas Robert Kraemer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

George R Roberts represented by Charles Joseph Faruki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Eric T Gortner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James C Munson (See above for address) TERMINATED: 07/07/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael J Chepiga Simpson Thacher & Barlett LLP 425 Lexington Avenue New York, NY 10017 212-455-2235 LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D. Foster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nicole Marie Lundrigan Strauss & Troy 150 East Fourth Street Cincinnati, OH 45202 513-621-2120

Fax: 513-241-8259 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Peter Eric Kazanoff Simpson Thacher & Bartlett LLP 425 Lexington Avenue New York, NY 10017-3954 212-455-2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Roger John Makley Coolidge Wall Womsley & Lombard - 3 33 W First Street Suite 600 Dayton, OH 45402 937-223-8177 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas Robert Kraemer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Thomas J Danis represented by Charles Joseph Faruki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Eric T Gortner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James C Munson (See above for address) TERMINATED: 07/07/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Alan VanderLaan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary Ellen Hennessy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D. Foster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven L Bashwiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas Robert Kraemer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

W August Hillenbrand represented by Charles Joseph Faruki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Eric T Gortner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James C Munson (See above for address) TERMINATED: 07/07/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Alan VanderLaan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mary Ellen Hennessy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D. Foster

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven L Bashwiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas Robert Kraemer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Scott M Stuart represented by Charles Joseph Faruki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Eric T Gortner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James C Munson (See above for address) TERMINATED: 07/07/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael J Chepiga (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael D. Foster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nicole Marie Lundrigan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Peter Eric Kazanoff (See above for address) LEAD ATTORNEY

ATTORNEY TO BE NOTICED Roger John Makley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas Robert Kraemer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

PricewaterhouseCoopers LLP represented by David Carr Greer Bieser, Greer & Landis - 3 400 National City Center 6 N Main Street Dayton, OH 45402 513-223-3277 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED James H Greer Bieser, Greer & Landis - 3 6 North Main Street 400 National City Center Dayton, OH 45402 937-223-3277 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey Charles Sharer Sidley, Austin, Brown & Wood Bank One Plaza 10 South Dearborn St. Chicago, IL 60603 312-853-7000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey Robert Tone Sidley, Austin, Brown & Wood Bank One Plaza 10 South Dearborn St. Chicago, IL 60603 312-853-7276

Fax: 312-853-7276 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED John Henry Mulhern Sidney Austin Brown & Wood LLp Bank One Plaza 10 South Dearborn Street Chicago, IL 60603 312-853-7000 Fax: 312-853-7036 LEAD ATTORNEY ATTORNEY TO BE NOTICED Sara Kristine Rankin Sidney Austin Brown & Wood LLP Bank One Plaza 10 South Dearborn Street Chicago, IL 60603 312-853-7000 Fax: 312-853-7036 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Caroline E Muhlenkamp represented by Gregory A Markel (See above for address) TERMINATED: 06/01/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Martin Lee Seidel (See above for address) TERMINATED: 06/01/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles Joseph Faruki (See above for address) TERMINATED: 05/18/2004 Charles S Sullivan (See above for address) ATTORNEY TO BE NOTICED Daniel E Izenson (See above for address) ATTORNEY TO BE NOTICED

Danielle Sallah (See above for address) ATTORNEY TO BE NOTICED Joseph M Callow, Jr (See above for address) ATTORNEY TO BE NOTICED Stanley S Arkin (See above for address) ATTORNEY TO BE NOTICED Louis Francis Gilligan (See above for address) ATTORNEY TO BE NOTICED

Date Filed # Docket Text

08/05/2002 1 DEFENDANTS' NOTICE OF REMOVAL from Montgomery County CPC Case Number: 02 CV 4511 ( no pgs: 8 w/attachments) (rp) (Entered: 08/06/2002)

08/05/2002 2 NOTICE OF FILING NOTICE OF REMOVAL IN THE MONTGOMERY COUNTY COMMON PLEAS COURT by defendant DPL Inc, defendant Stephen F Koziar Jr, defendant Peter H Forster, defendant Allen M Hill, Elizabeth M McCarthy, defendant James F Dicke II, defendant Jane G Haley, defendant Ernie Green, defendant David R Holmes, defendant Burnell R Roberts, defendant George R Roberts, defendant Thomas J Danis, defendant W August Hillenbrand, defendant Scott M Stuart, defendant PricewaterhouseCoopers, defendant CT Corp System ( no pgs: 3 w/attachments) (rp) (Entered: 08/06/2002)

08/05/2002 Filing Fee Paid: on 8/5/02 in the amount of $ 150, receipt # 314803. (rp) (Entered: 08/06/2002)

08/05/2002 3 CORPORATE DISCLOSURE STATEMENT by defendant DPL Inc ( no pgs: 2) (rp) (Entered: 08/06/2002)

08/06/2002 4 NOTICE RE PRO HAC VICE ADMITTANCE w/SDO Local Rules enclosed as to Jeffrey Tone and Jeffrey Sharer ( no pgs: 1) (rp) (Entered: 08/06/2002)

08/06/2002 5 ANSWER by defendant DPL Inc, defendant Stephen F Koziar Jr, defendant Peter H Forster, defendant Allen M Hill, defendant Elizabeth M McCarthy to Count Eight of the Complaint ( no pgs: 7) (rp) (Entered: 08/07/2002)

08/12/2002 6 NOTICE OF FILING OF MOTION TO CONSOLIDATE COMPANION CASE (C-1-02-574) LATER FILED IN CINCINNATI by defendant DPL Inc, defendant Stephen F Koziar Jr, defendant Peter H Forster, defendant Allen M Hill, Elizabeth M McCarthy, defendant James F Dicke II, defendant Jane G Haley, defendant Ernie Green, defendant David R Holmes, defendant Burnell R Roberts, defendant George R Roberts, defendant Thomas J Danis, defendant W August Hillenbrand,

defendant Scott M Stuart, defendant PricewaterhouseCoope ( no pgs: 3 w/attachments) (rp) (Entered: 08/12/2002)

08/13/2002 7 MOTION by plaintiff Buckeye Elec Co Ret for leave to file first amended complaint and memorandum in support to add plaintiffs, an additional defendant, add claims against defendants, and supplment factual allegations to the original complaint ( no pgs: 9 w/attachments & Amended Complaint) (rp) Modified on 08/14/2002 (Entered: 08/13/2002)

08/13/2002 8 ENTRY OF APPEARANCE for defendant PricewaterhouseCoopers LLP by David Carr Greer, James H Greer ( no pgs: 2) (rp) (Entered: 08/13/2002)

08/19/2002 9 MOTION by defendant DPL Inc, defendant Stephen F Koziar Jr, defendant Peter H Forster, defendant Allen M Hill, defendant Elizabeth M McCarthy, defendant James F Dicke II, defendant Jane G Haley, defendant Ernie Green, defendant David R Holmes, defendant Burnell R Roberts, defendant George R Roberts, defendant Thomas J Danis, defendant W August Hillenbrand, defendant Scott M Stuart, defendant PricewaterhouseCooper to consolidate related case no C-1-02-574 in Dayton with this case ( no pgs: 8 w/attachments) (rp) (Entered: 08/20/2002)

08/20/2002 NOTATION ORDER by Judge Thomas M. Rose granting motion for leave to file first amended complaint and memorandum in support to add plaintiffs, an additional defendant, add claims against defendants, and supplment factual allegations to the original complaint [7-1] (cc: all counsel) (rp) (Entered: 08/20/2002)

08/20/2002 10 MOTION by defendant PricewaterhouseCoopers LLP for admission of attorneys Jeffrey R Tone and Jeffrey C Sharer pro hac vice FEES PAID ( no pgs: 3 w/attachments) (rp) (Entered: 08/21/2002)

08/21/2002 11 AMENDED COMPLAINT by plaintiff Buckeye Elec Co Ret; jury demand adding Richard E Hurley, Donald Moberly, Flora Moberly, Donald E Hime, Glenda E Hime ( no pgs: 45 w/attachments) (rp) (Entered: 08/21/2002)

08/22/2002 12 MOTION by defendant DPL Inc for admission of attorneys James C Munson, Michael D Foster and Eric T Gortner pro hac vice (fees paid) ( no pgs: 4+attachments) (Note: No addr for attys provided; Called Faruki's office 8/23/02 no return call w/ addrs as of 8/26/02) (sc) (Entered: 08/26/2002)

08/26/2002 13 ORDER by Judge Thomas M. Rose granting motion for admission of attorneys Jeffrey R Tone and Jeffrey C Sharer pro hac vice [10-1] (cc: all counsel) ( no pgs: 2) (re) (Entered: 08/26/2002)

08/26/2002 ATTORNEY APPEARANCE for defendant PricewaterhouseCoope by Jeffrey Robert Tone, Jeffrey Charles Sharer ( no pgs: 0) (re) (Entered: 08/26/2002)

08/29/2002 14 ORDER by Judge Thomas M. Rose granting motion for admission of attorneys James C Munson, Michael D Foster and Eric T Gortner pro hac vice (fees paid) [12-1] (cc: all counsel) ( no pgs: 1) (rp) (Entered: 08/29/2002)

09/03/2002 15 Stipulation and ORDER extending the time to respond to the first amended complaint to 9/13/02 by Judge Thomas M. Rose : (cc: all counsel) ( no pgs: 4) (re) (Entered: 09/03/2002)

09/04/2002 ATTORNEY APPEARANCE for defendant Stephen F Koziar Jr, defendant Peter H Forster, defendant Allen M Hill, defendant Elizabeth M McCarthy, defendant Jane G Haley, defendant Ernie Green, defendant David R Holmes, defendant Burnell R Roberts, defendant George R Roberts, defendant W August Hillenbrand, defendant Scott M Stuart by James C Munson, Michael D. Foster, Eric T Gortner of KIRKLAND & ELLIS ( no pgs: 0) (rp) (Entered: 09/04/2002)

09/10/2002 16 STIPULATION/AGREED ORDER EXTENDING TIME TO 9/27/02 FOR DEFENDANTS TO RESPOND OR ANSWER THE FIRST AMENDED COMPLAINT ( no pgs: 3) (rp) (Entered: 09/10/2002)

09/10/2002 17 MEMORANDUM by plaintiff Buckeye Elec Co Ret, plaintiff Richard E Hurley, plaintiff Donald Moberly, plaintiff Flora Moberly, plaintiff Donald E Hime, plaintiff Glenda E Hime in opposition to Defendants' Motion to Consolidate Related Case C-1-02-574 [9-1] ( no pgs: 9 w/attachments) (rp) (Entered: 09/10/2002)

09/10/2002 18 MOTION by plaintiff Buckeye Elec Co Ret, plaintiff Richard E Hurley, plaintiff Donald Moberly, plaintiff Flora Moberly, plaintiff Donald E Hime, plaintiff Glenda E Hime for leave to file second amended complaint and memorandum in support ( no pgs: 10 w/attachments) (rp) (Entered: 09/10/2002)

09/16/2002 19 AGREED ENTRY FOR EXTENSION OF TIME TO FILE A RESPONSE UNDER RULE 12 by Judge Thomas M. Rose, extending the DPL Defendants' Response ddl to 30 days after the Court's ruling on Plaintiff's Motion for Leave to File Second Amended Complaint (cc: all counsel) ( no pgs: 5) (rp) (Entered: 09/16/2002)

09/18/2002 20 REPLY by Defendants to Plaintiffs' response to Defendants' motion to consolidate related case no C-1-02-574 in Dayton with this case (C-3-02-355) [9-1] ( no pgs: 21 w/attachments) (rp) (Entered: 09/18/2002)

09/23/2002 21 AGREED ORDER DEFERRING PUBLICATION OF NOTICE REGARDING CLASS ACTION by Judge Thomas M. Rose (cc: all counsel) ( no pgs: 4) (rp) (Entered: 09/24/2002)

09/24/2002 22 AGREED ENTRY FOR EXTENSION OF TIME TO FILE A RESPONSE UNDER RULE 12 by Judge Thomas M. Rose extending time of Defendant PricewaterhouseCoopers LLP 30 days from the Court's ruling on Plaintiff's Motion for Leave to File Second Amended Complaint within which to Answer or otherwise Respond to the First Amended Complaint or the Second Amended Complaint (cc: all counsel) ( no pgs: 3) (rp) (Entered: 09/25/2002)

10/04/2002 23 MEMORANDUM in opposition to motion for leave to file second amended complaint [18-1] ( no pgs: 20 plus attachments) (mkb) (Entered: 10/04/2002)

10/17/2002 24 DEFENDANTS' MOTION to consolidate related case No. C-1-02-750 in Dayton with this case ( no pgs: 9 w/attachments) (rp) (Entered: 10/18/2002)

10/18/2002 25 REPLY by plaintiff to response to motion for leave to file second amended complaint and memorandum in support [18-1] ( no pgs: 10 w/attachments) (rp) (Entered: 10/18/2002)

10/30/2002 27 MOTION by defendant DPL Inc, defendant Stephen F Koziar Jr, defendant Peter H

Forster, defendant Allen M Hill, defendant Elizabeth M McCarthy, defendant James F Dicke II, defendant Jane G Haley, defendant Ernie Green, defendant David R Holmes, defendant Burnell R Roberts, defendant George R Roberts, defendant Thomas J Danis, defendant W August Hillenbrand, defendant Scott M Stuart, defendant PricewaterhouseCoope, defendant Caroline E Muhlenkamp to consolidate DPL Securities Litigation before Chief Judge Rice; regarding cases: C-3-02-355, C-1-02-574, C-3-02-460, C-1-02-750, and C-3-02-479 , and to stay all proceedings until the Court has ruled on this consolidation motion ( no pgs: 13 w/attachments) (rp) (Entered: 10/31/2002)

10/31/2002 26 CERTIFICATIONfor attachment to the First Amended Complaint filed 08/21/02 by plaintiff Buckeye Elec Co Ret ( no pgs: 3 plus attachments) (mkb) (Entered: 10/31/2002)

11/01/2002 28 MOTION by defendants for leave to file surreply to Plaintiffs' reply memorandum in support of motion for leave to file second amended complaint ( no pgs: 5 w/attachments) (rp) (Entered: 11/04/2002)

11/05/2002 29 MOTION by plaintiff Buckeye Elec Co Retirement Plan for order for appointment as Interim Lead Plaintiff , and for order of approval of its selection of Interim Lead Counsel and Memorandum in Support ( no pgs: 17 w/attachments) (rp) (Entered: 11/06/2002)

11/06/2002 30 MOTION by plaintiff Buckeye Elec Co Ret to expedite oral hearing on motion to appointed interim lead plaintiff and approval of its selection of interim lead counsel filed 11/5/02 ( no pgs: 5) (re) (Entered: 11/06/2002)

11/12/2002 31 MEMORANDUM by plaintiffs in opposition to defendants motion to consolidate case with related Civil Action C-1-02-750 currently pending in Cincinnati [24-1] ( no pgs: 9+Exhs) (tt) (Entered: 11/12/2002)

11/12/2002 32 MEMORANDUM by plaintiffs in opposition to defendants motion for leave to file sur-reply in answer to reply memorandum in support of plaintiffs motion for leave to file a Second Amended Complaint [28-1] ( no pgs: 7) (tt) (Entered: 11/12/2002)

11/12/2002 33 NOTICE of Change of Firm Name by the DPL defendants ( no pgs: 5) (tt) (Entered: 11/12/2002)

11/18/2002 34 MOTION by defendant DPL Inc, defendant Stephen F Koziar Jr, defendant Peter H Forster, defendant Allen M Hill, defendant Elizabeth M McCarthy, defendant James F Dicke II, defendant Jane G Haley, defendant Ernie Green, defendant David R Holmes, defendant Burnell R Roberts, defendant George R Roberts, defendant Thomas J Danis, defendant W August Hillenbrand, defendant Scott M Stuart, defendant Caroline E Muhlenkamp for suggestion of telephone hearing in response to Pltfs' motion for expedited oral hearing ( no pgs: 4) (sc) (Entered: 11/18/2002)

11/25/2002 35 NOTICE OF WITHDRAWAL OF MOTION TO CONSOLIDATE RELATED CASE NO C-102-750 IN DAYTON by defendants ( no pgs: 3) (rp) (Entered: 11/26/2002)

11/25/2002 36 MEMORANDUM by plaintiff Donald Moberly, plaintiff Flora Moberly, plaintiff Donald E Hime, plaintiff Glenda E Hime in opposition to [27-1], to [27-2] ( no pgs: 11+attachments) (sc) (Entered: 11/27/2002)

11/25/2002 37 NOTICE of Filing In Austern Trust V. Peter H Forster Et Al Case No C-1-02-750 In The Cincinnati District Court of Pltfs Memorandum In Opposition to Defendants' Motion to Consolidate Ect by plaintiff Richard E Hurley, plaintiff Donald Moberly, plaintiff Flora Moberly, plaintiff Donald E Hime, plaintiff Glenda E Hime ( no pgs: 4+attachments) (sc) (Entered: 11/27/2002)

11/25/2002 38 NOTICE Of the Filing In Louis Lowenstein Et Al v DPL Inc Et Al Case No C-1-02-574 In the Cincinnati District Court Of Plaintiff's Memorandum in Opposition to Dfts' To Consolidate by plaintiff Richard E Hurley, plaintiff Donald Moberly, plaintiff Flora Moberly, plaintiff Donald E Hime, plaintiff Glenda E Hime ( no pgs: 4+attachments) (sc) (Entered: 11/27/2002)

11/26/2002 39 MOTION of Defendants to stay discovery in the state actions ( no pgs: 14+attachments) (sc) Modified on 11/29/2002 (Entered: 11/29/2002)

12/09/2002 40 MOTION by defendant to consolidate additional DPL Securities cases before Chief Judge Rice ( no pgs: 7+attachments) (sc) (Entered: 12/10/2002)

12/09/2002 41 REPLY by defendant to response to motion to consolidate DPL Securities Litigation before Chief Judge Rice; regarding cases: C-3-02-355, C-1-02-574, C-3-02-460, C-1-02-750, and C-3-02-479 [27-1] and motion to stay all proceedings until the Court has ruled on this consolidation motion [27-2] ( no pgs: 15+attachments) (sc) (Entered: 12/10/2002)

12/09/2002 42 MOTION by plaintiff Buckeye Elec Co Ret for appointment of lead Pltf , and for approval of its selection of lead counsel ( no pgs: 15+attachments) Motion # 11 02-460; #11 02-479; #4 02-508; #4 02-545; #5 02-556 (sc) Modified on 12/23/2002 (Entered: 12/10/2002)

12/09/2002 43 MOTION by movant William White, movant Agnes White for appointment as Lead Pltf and for approval of selection of class counsel ( no pgs: 12+attachments) (Motion # 13 02-460; #13 02-479; #6 02-508; #6 02-545; #7 02-556) (sc) Modified on 12/23/2002 (Entered: 12/10/2002)

12/11/2002 44 Rule 26(f) Report to Judge Rose filed by plaintiff Buckeye Elec Co Ret, plaintiff Richard E Hurley, plaintiff Donald Moberly, plaintiff Flora Moberly, Donald E Hime, plaintiff Glenda E Hime ( no pgs: 3) (rp) (Entered: 12/13/2002)

12/18/2002 45 MEMORANDUM by movant Sally NMI Wasson, movant Judy NMI Nelson in opposition to Defendants' motion to stay discovery in the state court derivative actions [39-1] ( no pgs: 7) (re) (Entered: 12/19/2002)

12/19/2002 46 ORDER by Judge Thomas M. Rose Case reassigned to Judge Walter H. Rice (cc: all counsel) ( no pgs: 1) (re) (Entered: 12/19/2002)

12/19/2002 47 ORDER by Judge Walter H. Rice overruled motion to consolidate related case no C-1-02-574 in Dayton with this case [9-1] without prejudce to renewal, granting motion to consolidate DPL Securities Litigation before Chief Judge Rice; regarding cases: C-3-02-355, C-3-02-460, C-3-02-479 [27-1] (#4 C-3-02-460) (#5 C-3-02-479) Case consolidated, , denying motion for order for appointment as Interim Lead Plaintiff [29-1], denying motion for order of approval of its selection of Interim Lead Counsel and Memorandum in Support [29-2], overrules as moot the motion to expedite oral hearing on motion to appointed interim lead plaintiff and approval of

its selection of interim lead counsel filed 11/5/02 [30-1] moot., granting motion to consolidate additional DPL Securities cases before Chief Judge Rice [40-1] (#2 in 02-508 & 02-545) (# 3 in 02-556) Case consolidated with 02-508, 02-545 and 02-556 NEW CAPTION TO BE USED: IN RE: DP&L, Inc. Securities Litigation : All FURTHER DOCKETING TO BE MADE IN C-3-02-355 (cc: all counsel) ( no pgs: 10) (re) (Entered: 12/19/2002)

12/20/2002 48 MEMORANDUM by plaintiffs in opposition to Motion of defendants to stay discovery in the state actions [39-1] ( no pgs: 14) (re) (Entered: 12/23/2002)

12/20/2002 49 MEMORANDUM by movant Austern Trust (plaintiff in Hamilton County Case # A0207067 in opposition to defendant's mtoion to stay discovery in state court actions [39-1] ( no pgs: 3) (re) (Entered: 12/23/2002)

12/23/2002 50 Stipulation and ORDER (in consolidated case # 02-479) granting defendant's the right not to answer until the Court appoints a lead plaintiff in this litigation and enters a PPTO by Judge Walter H. Rice : (cc: all counsel) ( no pgs: 3) (re) (Entered: 12/23/2002)

12/23/2002 51 Nunc Pro Tunc 12/9/02 (motion moved from consolidated cases) MOTION by movant Pipefitters Locals for order for approval of selections of lead and lisison counsel , and for appointment as lead plaintiff ( no pgs: 14 plus attachments) (was #'s #12 02-460; #12 02-479; #5 02-508; #5 02-545; #6 02-556) - portion of motion to consolidate - moot (re) Modified on 12/23/2002 (Entered: 12/23/2002)

12/23/2002 52 NOTICE as to movant Worth of a Soul - motion to consolidate filed 12/9/02 - moot with previous consolidation order #10 02-460; #10 02-479; #3 02-508; #3 02-545; #4 02-556 ( no pgs: 12 plus attachments) - made part of record in C-3-02-355 (re) (Entered: 12/23/2002)

12/26/2002 53 ORDER - addendum to decision of 12/29/02; reminder to counsel concerning future filings by Judge Walter H. Rice (cc: all counsel) ( no pgs: 2) (re) (Entered: 12/27/2002)

12/26/2002 54 REPLY by plaintiff Buckeye Elec Co Ret to response to motion for appointment of lead Pltf [42-1], motion for approval of its selection of lead counsel [42-2] ( no pgs: 7) (re) (Entered: 12/27/2002)

12/26/2002 55 PROOF OF PUBLICATION by plaintiff Buckeye Elec Co Ret of PSLRA Notice of Action ( no pgs: 6 w/exhibit) (re) (Entered: 12/27/2002)

12/30/2002 56 Stipulation and ORDER by Judge Walter H. Rice : defendants are not required to answer, plead or otherwise respond to complaint until Court appoints a lead plaintiff and enters a PPTO (cc: all counsel) ( no pgs: 6) (re) (Entered: 12/30/2002)

01/02/2003 57 MEMORANDUM by movant Pipefitters Locals in support of motion for order for approval of selections of lead and liaison counsel [51-1], of motion for appointment as lead plaintiff [51-2] ( no pgs: 16+attachments) (sc) (Entered: 01/03/2003)

01/02/2003 57 MEMORANDUM by movant Pipefitters Locals in opposition to competing motions [43-1] [43-2], to [42-1] [42-2] ( no pgs: 16+attachments) (sc) (Entered: 01/03/2003)

01/03/2003 58 REPLY by defendant DPL Inc, defendant Stephen F Koziar Jr, defendant Peter H

Forster, defendant Allen M Hill, defendant Elizabeth M McCarthy, defendant James F Dicke II, defendant Jane G Haley, defendant Ernie Green, defendant David R Holmes, defendant Burnell R Roberts, defendant George R Roberts, defendant Thomas J Danis, defendant W August Hillenbrand, defendant Scott M Stuart, defendant PricewaterhouseCoope to response to motion to stay discovery in the state actions [39-1] ( no pgs: 15+attachments) (sc) (Entered: 01/03/2003)

01/14/2003 59 MOTION by defendant Peter H Forster, defendant Caroline E Muhlenkamp for admission of attorney Martin Lee Seidel and Gregory A Markel pro hac vice (fees paid) ( no pgs: 5+attachments) (sc) (Entered: 01/16/2003)

01/16/2003 60 NOTICE Of Failure Of Service Pipperfiters Local 522 & 633 Pension Trust Fund's Memorandum of Law In Opposition to Competing Lead Pltf Motions by plaintiff Buckeye Elec Co Ret ( no pgs: 5) (sc) (Entered: 01/21/2003)

01/16/2003 61 AGREED ORDER EXTENDING DATE FOR DEFTS TO ANSWER PLEAD OR OTHERWISE RESPOND TO PLTFS' COMPLAINT by Judge Walter H. Rice : Pursuant to FRCP 6(b) and 12(a) and upon stipulation of parties Dft are not required to answer plead or otherwise respond to Pltf's complaint for violation of Securities Exchange Act until after the Court appoints a lead Pltf and enters a PPTO; Upon approval of PPTO Dfts will be required to answer plead or otherwise respond to Complaint (cc: all counsel) ( no pgs: 2) (sc) Modified on 01/28/2003 (Entered: 01/21/2003)

01/21/2003 62 MEMORANDUM by movant Pipefitters Locals in support of motion for order for approval of selections of lead and lisison counsel [51-1] ( no pgs: 9 w/attachments) (re) (Entered: 01/23/2003)

01/21/2003 62 MEMORANDUM by movant Pipefitters Locals in opposition to competing motions [43-1], to [42-1] ( no pgs: 0) (re) (Entered: 01/23/2003)

01/21/2003 NOTATION ORDER by Judge Walter H. Rice granting motion for admission of attorney Martin Lee Seidel and Gregory A Markel pro hac vice (fees paid) [59-1] (cc: all counsel) (re) (Entered: 01/23/2003)

01/21/2003 63 REPLY by plaintiff Buckeye Elec Co Ret to response to motion for order for approval of selections of lead and liaison counsel [51-1], motion for appointment as lead plaintiff [51-2] ( no pgs: 11 w/exhibits) (re) Modified on 01/24/2003 (Entered: 01/23/2003)

01/29/2003 64 ADDITIONAL MEMORANDUM by plaintiff Buckeye Elec Co Ret in support of motion for appointment of lead Pltf [42-1], of motion for approval of its selection of lead counsel [42-2] ( no pgs: 7 w/attachment) (re) (Entered: 01/29/2003)

02/04/2003 65 EMERGENCY MOTION by defendant DPL Inc, defendant Stephen F Koziar Jr, defendant Peter H Forster, defendant Allen M Hill, defendant Elizabeth M McCarthy, defendant James F Dicke II, defendant Jane G Haley, defendant Ernie Green, defendant David R Holmes, defendant Burnell R Roberts, defendant George R Roberts, defendant Thomas J Danis, defendant W August Hillenbrand, defendant Scott M Stuart, defendant PricewaterhouseCoope, defendant Caroline E Muhlenkamp under Local Rule 7.1(b)(2)(3) for argument and for an early hearing on Dfts' previously filed motion to stay discovery in the state actions ( no pgs: 10+attachments) (sc) (Entered: 02/04/2003)

02/04/2003 66 NOTICE OF FILING TRANSCRIPT OF PROCEEDINGS IN A RELATED ACTION by defendant DPL Inc, defendant Stephen F Koziar Jr, defendant Peter H Forster, defendant Allen M Hill, defendant Elizabeth M McCarthy, defendant James F Dicke II, defendant Jane G Haley, defendant Ernie Green, defendant David R Holmes, defendant Burnell R Roberts, defendant George R Roberts, defendant Thomas J Danis, defendant W August Hillenbrand, defendant Scott M Stuart, defendant PricewaterhouseCoope, defendant Caroline E Muhlenkamp ( no pgs: 3+attachments) (sc) (Entered: 02/04/2003)

02/04/2003 67 NOTICE of filing Waiver of Service of Summons in C-3-02-545 by defendant DPL Inc, defendant Peter H Forster, defendant Allen M Hill, defendant Elizabeth M McCarthy ( pgs: 2) (sc) (Entered: 02/05/2003)

02/05/2003 68 Stipulation and ORDER - defendants are not required to answer, plead or respond to complaint until after the Court appoints a lead plaintiff in this action and enters a PPTOrder by Judge Walter H. Rice : (cc: all counsel) ( no pgs: 6) (re) Modified on 02/07/2003 (Entered: 02/06/2003)

02/06/2003 69 MEMORANDUM by plaintiffs in opposition to defts' emergency application for oral argument and fr an early hearing on defts' previously filed motion to stay discovery in the state actions [65-1] ( no pgs: 11+) (ph) (Entered: 02/07/2003)

02/06/2003 70 MOTION by defts Thomas J Danis, James F Dicke II, Ernie Green, Jane G Haley, W August Hillenbrand, David R Holmes, Burnell R Roberts for admission of attorneys Steven L Bashwiner and Mary Ellen Hennessy pro hac vice ( no pgs: 9+) (ph) (Entered: 02/07/2003)

02/06/2003 Pro Hac Vice Fee paid in the amount of $100; receipt 143938 (ph) (Entered: 02/07/2003)

02/10/2003 71 REPLY by defendant DPL Inc, defendant Stephen F Koziar Jr, defendant Allen M Hill, defendant Elizabeth M McCarthy to response to motion under Local Rule 7.1(b)(2)(3) for oral argument and for an early hearing on Dfts' previously filed motion to stay discovery in the state actions [65-1] ( no pgs: 5) (sc) Modified on 02/19/2003 (Entered: 02/11/2003)

02/10/2003 72 AGREED ORDER EXTENDING DATE FOR DEFENDANTS TO ANSWER PLEAD OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT by Judge Walter H. Rice; Pursuant to FRCP 6(b) and 12(a) and upon stipulation of the parties; Dfts are not required to answer plead or otherwise respond to Pltf's Class Action Complaint until after the Court appoints a lead pltf in this litagation and enters a PPTC Order; Upon approval of PPTC Order Dfts will be required to answer plead or otherwise respond to Pltf Complaint (cc: all counsel) ( no pgs: 2) (sc) Modified on 02/19/2003 (Entered: 02/11/2003)

02/10/2003 73 SUPPLEMENTAL MEMORANDUM by plaintiff Buckeye Elec Co Ret regarding pending motion for appointment of lead Pltf [42-1], re motion for approval of its selection of lead counsel [42-2] ( no pgs: 2+attachment) (sc) (Entered: 02/11/2003)

02/11/2003 NOTATION ORDER by Judge Walter H. Rice granting motion for admission of attorneys Steven L Bashwiner and Mary Ellen Hennessy pro hac vice [70-1] (cc: all counsel) (sc) (Entered: 02/11/2003)

02/11/2003 74 MOTION by movant Austern Trust for advancement of oral argument regarding temporary stay of state court discovery proceedings or, in the alternative a stay of the Court's granting of a stay of discovery in the state court proceedings ( no pgs: 8+attachments) (Up to WHR Chambers 2/11/03 10:45a) (sc) (Entered: 02/11/2003)

02/14/2003 75 REPLY by defendant Peter H Forster, defendant James F Dicke II, defendant Jane G Haley, defendant Ernie Green, David R Holmes, defendant George R Roberts, defendant J Danis, defendant Caroline E Muhlenkamp to response to motion under Local Rule 7.1(b)(2)(3) for argument and for early hearing on Dfts' previously filed motion to stay discovery in the state actions [65-1] ( no pgs: 11+attachments) (Up to WHR 2/18/03) (sc) (Entered: 02/18/2003)

02/25/2003 76 ORDER by Judge Walter H. Rice granting motion to stay discovery in the state actions [39-1] (cc: all counsel) ( no pgs: 9) (re) (Entered: 02/25/2003)

02/28/2003 77 MOTION by dfts' for withdrawal and substitution of counsel ( no pgs: 4 + exh) (sln) (Entered: 03/03/2003)

03/04/2003 78 Stipulation and ORDER by Judge Walter H. Rice : It is hereby ORDERED THAT: Class members Buckeye and Pipefitters are appointed to serve as Co-Lead Pltf in the consolidated actions pursuant to 15 USC 78u-4(a)(3)(B); The law firms of Waite, Schneider, Bayless & Chesley Co and Milberg Weiss Bershad Hynes & Lerach LLP are hereby approved as Co-Lead Counsel for the Class; In addition there shall be a Steering Committee consisting of Stanley M Chesley, and James R Cummins and Steven G Schulman ( no pgs: 3) (sc) (Entered: 03/06/2003)

03/11/2003 ATTORNEY APPEARANCE for plaintiff Buckeye Elec Co Ret by Steven G Schulman, Uri Seth Ottensoser ( no pgs: 0) (re) (Entered: 03/12/2003)

03/11/2003 79 MOTION by plaintiff Buckeye Elec Co Ret for admission of attorneys Steven G. Schulman and Uri Seth Ottensoser pro hac vice ( no pgs: 1) FEES PAID (re) Modified on 03/12/2003 (Entered: 03/12/2003)

03/17/2003 80 ORDER by Judge Walter H. Rice granting motion for admission of attorneys Steven G. Schulman and Uri Seth Ottensoser pro hac vice [79-1] (cc: all counsel) ( no pgs: 1) (re) (Entered: 03/19/2003)

03/18/2003 81 MOTION by defendants for leave to retain the already-filed derivative claims ( no pgs: 20 w/attachments) (re) (Entered: 03/20/2003)

03/20/2003 82 TRANSCRIPT OF TELEPHONE CONFERENCE PROCEEDINGS held 3/20/03 before Judge Walter H Rice 2/18/03 (no pgs: 45) Ct Rpt: Denise Errett (sc) (Entered: 03/21/2003)

03/24/2003 83 CONSOLIDATED AMENDED COMPLAINT for violation of Federal Securities laws by plaintiff; jury demand ( no pgs: 119 w/exhibits) (re) Modified on 03/31/2003 (Entered: 03/28/2003)

04/02/2003 84 ATTORNEY APPEARANCE for defendant George R Roberts, defendant Scott M Stuart by Roger John Makley ( no pgs: 7) (sc) (Entered: 04/02/2003)

04/02/2003 85 MOTION by defendant George R Roberts, defendant Scott M Stuart for admission of attorneys Michael J Chepiga and Peter Eric Kazanoff pro hac vice (fees paid) ( no pgs: 8+attachments) (sc) (Entered: 04/02/2003)

04/11/2003 86 MOTION by defendant PricewaterhouseCoope for joinder in motion for leave to retain the already-filed derivative claims [81-1] ( no pgs: 6+attachments) (sc) (Entered: 04/11/2003)

04/14/2003 NOTATION ORDER by Judge Walter H. Rice granting motion for admission of attorneys Michael J Chepiga and Peter Eric Kazanoff pro hac vice (fees paid) [85-1] (cc: all counsel) (sc) (Entered: 04/14/2003)

04/16/2003 87 MEMORANDUM by plaintiffs in opposition to defendants' motion to retain the already-filed derivative claims [81-1] ( no pgs: 19 w/exhibits) (re) (Entered: 04/16/2003)

04/24/2003 88 MOTION by defendant George R Roberts, defendant Scott M Stuart to withdraw of attorneys Charles J Faruki and Martin A Foos and FI&C and James Munson, Michael Foster and Kirkland and Ellis and substitute Roger J Makley and CWW&L and Michael J Chepiga Peter E Kazanoff and Simpson Thacher & Bartlett ( no pgs: 7 w/Proposed Order attached) (sc) (Entered: 04/25/2003)

04/25/2003 89 MOTION by plaintiff Buckeye Elec Co Ret for order declaring that the stay of discovery in the state actions is terminated w/memo in support ( no pgs: 8 w/exhibits) (rp) Modified on 04/28/2003 (Entered: 04/25/2003)

05/01/2003 90 AGREED ORDER EXTENDING TIME FOR DEFTS TO FILE REPLY MEMORANDUM FOR MOTION TO RETAIN DERIVATIVE CLAIMS until 05/07/03 by Judge Walter H. Rice (cc: all counsel) ( no pgs: 9) (mkb) (Entered: 05/01/2003)

05/06/2003 91 MOTION by plaintiff Buckeye Elec Co Ret, plaintiff Richard E Hurley, plaintiff Donald Moberly, plaintiff Flora Moberly, plaintiff Donald E Hime, plaintiff Glenda E Hime for admission of attorneys Richard H Weiss and Lawrence D McCabe pro hac vice (fees paid) ( no pgs: 6+attachments) (sc) (Entered: 05/09/2003)

05/07/2003 92 REPLY by defendant DPL Inc, defendant Stephen F Koziar Jr, defendant Peter H Forster, defendant Allen M Hill, defendant Elizabeth M McCarthy, defendant James F Dicke II, defendant Jane G Haley, defendant Ernie Green, defendant David R Holmes, defendant Burnell R Roberts, defendant George R Roberts, defendant Thomas J Danis, defendant W August Hillenbrand, defendant Scott M Stuart, defendant PricewaterhouseCoope, defendant Caroline E Muhlenkamp to response to motion for leave to retain the already-filed derivative claims [81-1] ( no pgs: 19+attachments) (sc) (Entered: 05/09/2003)

05/07/2003 93 MEMORANDUM by defendant in opposition to Lead Pltfs' motion for order declaring that the stay of discovery in the state actions is terminated [89-1] ( no pgs: 12+attachments) (sc) (Entered: 05/09/2003)

05/12/2003 94 ORDER (NUNC PRO TUNC 4/11/03) by Judge Walter H. Rice co-lead plaintiffs are given an extension of time to April 16, 2003 to respond to defendants motion to retain the already-filed derivative claims [81-1](cc: all counsel) ( no pgs: 4) (ss) (Entered: 05/15/2003)

05/21/2003 95 REPLY by plaintiff Buckeye Elec Co Ret to response to motion for order declaring that the stay of discovery in the state actions is terminated w/memo in support [89-1] ( no pgs: 9) (re) (Entered: 05/21/2003)

05/29/2003 96 MOTION by movant Austern Trust for joinder in motion for order declaring that the stay of discovery in the state actions is terminated w/memo in support [89-1] ( no pgs: 3) (sc) (Entered: 05/30/2003)

06/04/2003 NOTATION ORDER by Judge Walter H. Rice granting motion for admission of attorneys Richard H Weiss and Lawrence D McCabe pro hac vice (fees paid) [91-1] (cc: all counsel) (sc) (Entered: 06/07/2003)

06/20/2003 97 EMERGENCY MOTION by Lead - plaintiffs Buckeye Elec Co Ret, Pipefitters Locals under LR 7.1(b)(2)(30 for Oral argument and for an early hearing on lead pltfs' previously filed motion for order declaring that the stay of discovery in the state actions is terminated (Up to WHR Chambers 6/23/03) (sc) Modified on 06/23/2003 (Entered: 06/23/2003)

06/26/2003 98 MOTION (EMERGENCY APPLICATION) by defendants for oral argument before 8/4/03 on dfts. motion to retain suppl jurisdiction over already filed derivative claims ( no pgs: 13 plus exhibits) (lvw) (Entered: 06/27/2003)

06/27/2003 99 NOTICE by defendants George R Roberts and Scott M Stuart's counsel of change of name of Law Firm of Simpson Thacher & Bartlett; new firm name effective 6/1/03 is Simpson Thacher & Bartlett, LLP , now registered as a limited liability partnership ( no pgs: 7) (rp) Modified on 06/27/2003 (Entered: 06/27/2003)

07/14/2003 100 RESPONSE by plaintiff Buckeye Elec Co Ret, movant Pipefitters Locals to emergency application under local rules 7.1(b)(2) and (b)(3) for oral argument before 8/4/03 on Dfts' motion to retain supplemental jurisdiciton over already filed derivative claims [98-1] ( no pgs: 7+attachments) (sc) Modified on 07/17/2003 (Entered: 07/16/2003)

07/23/2003 101 SUPPLEMENTAL MEMORANDUM by defendant DPL Inc, defendant Stephen F Koziar Jr, defendant Peter H Forster, defendant Allen M Hill, defendant Elizabeth M McCarthy, defendant James F Dicke II, defendant Jane G Haley, defendant Ernie Green, defendant David R Holmes, defendant Burnell R Roberts, defendant Thomas J Danis, defendant W August Hillenbrand, defendant Caroline E Muhlenkamp on Pltf's recent activities to circumvent this Court's stay order [76-1] and renewed emergency application for oral argument ( no 5+attachments) (sc) (Entered: 07/28/2003)

07/25/2003 102 NOTICE by Co-Lead plaintiff Buckeye Elec Co Ret, movant Pipefitters Locals of change of Co-Lead Counsel James R Cumming's address ( no pgs: 2) (sc) Modified on 07/28/2003 (Entered: 07/28/2003)

07/28/2003 103 BRIEF FILED demonstrating the conflict between this Court's stay order and the July 25,2003, order of Cincinnati State court obtained by plaintiffs who refused to await this court's ruling on recently-briefed pending motions by defendant regarding order [76-1] ( no pgs: 13) (re) Modified on 07/30/2003 (Entered: 07/29/2003)

07/30/2003 104 RESPONSE by plaintiff Buckeye Elec Co Ret to defendant's memo demonstrating conflict[103-1] ( no pgs: 8 w/exhibits) (re) (Entered: 07/30/2003)

08/01/2003 105 URGENT MOTION by defendant George R Roberts, defendant Scott M Stuart for protective order regarding stay of discovery and depositions scheduled within 4

days and oral argument and early hearing ( no pgs: 8 plus attachments) (TO WHR CHAMBERS) (mkb) Modified on 08/01/2003 (Entered: 08/01/2003)

08/04/2003 106 DECISION AND ENTRY by Judge Walter H. Rice OVERRULING AS MOOT PLTF'S MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT [18-1]; DECISION AND ENTRY OVERRULING AS MOOT DFTS' MOTION FOR LEAVE TO FILE A SURREPLY [28-1]; DECISION AND ENTRY OVERRULING AS MOOT DFTS' MOTION FOR TELEPHONE HEARING [34-1]; DECISION AND ENTRY OVERRULNG AS MOOT MOTION OF WILLIAM WHITE FOR APPOINTMENT OF LEAD PLTF AND APPROVAL OF SELECTION OF LEAD COUNSEL [43-1]; DECISION ADN ENTRY OVERRULING AS MOOT DFTS' MOTION FOR ORAL ARGUMENT AND EARLY HEARING ON MOTION TO STAY DISCOVERY [65-1]; DECISION AND ENTRY OVERRULING IN PART AND OVERRULING AS MOOT IN PART MOTION OF AUSTERN TRUST FOR ORAL ARGUMENT REGARDING STAY OF DISCOVERY AND TO STAY THIS COURT'S STAY OF DISCOVERY [74-1]; DECISION AND ENTRY SUSTAINING DFT'S MOTION TO PERMIT WITHDRAWAL AND SUBSTITUTION OF COUNSEL [77-1] (cc: all counsel) ( no pgs: 2) (sc) (Entered: 08/05/2003)

08/04/2003 107 DECISION AND ENTRY by Judge Walter H. Rice OVERRULING MOTION OF THE DPL DFTS TO RETAIN JURISDICTION OVER ALREADY FILED DERIVITIVE CLAIMS [81-1]; DECISION AND ENTRY OVERRULING MOTION OF PRICEWATERHOUSECOOPERS FOR JOINDER IN THE DPL DFTS'S MOTION TO RETAIN JURISDICTION OVER THE ALREADY FILED DERIVATIVE CLAIMS [86-1]; DECISION AND ENTRY OVERRULING PLTS' MOTION FOR ORDER DECLARING THAT STAY OF DISCOVERY IN STATE ACTIONS IS TERMINATED [89-1]; DECISION AND ENTRY OVERRULING IN PART AND OVERRULING AS MOOT IN PART PLTF'S MOTION FOR ORAL ARGUMENT AND AN EARLY HEARING ON PLTFS' MOTION FOR ORDER DECLARING THAT THE STAY OF DISCOVERY IN THE STATE ACTIONS IS TERMINATED [97-1]; DECISION AND ENTRY OVERRULING DFTS' MOTION FOR ORAL ARGUMENT [98-1]; FURTHER PROCEDUIRES ESTABLISHED; STAY OF DISCOVERY IN STATE COURT LITIGATION MODIFIED TO BE TERMINATED UPON PLTFS' FILING OF MEMORANDUM IN OPPOSITION TO ANTICIPATED MOTION TO DISMISS; The Court directs the Dfts to move to dismiss within 15 days from date; If the dfts do not so move to the Pltfs' consolidated amended complaint within that time the most draconian sanctions will be imposed including the imposition of default; NO FURTHER DELAY WILL BE TOLERATED; Should the Dfts choose not to file such a motion the Court must be advised within that 15-day period of time (cc: all counsel) ( no pgs: 18) (sc) Modified on 08/07/2003 (Entered: 08/05/2003)

08/14/2003 108 MOTION by DPL DFTS for leave to file motion to dismiss Pltf's 117 pg 216 paragraph consolidated amended Class Action Complaint in excess of twenty pages ( no pgs: 6) (sc) Modified on 08/15/2003 (Entered: 08/15/2003)

08/14/2003 109 MOTION by defendant Peter H Forster, defendant Caroline E Muhlenkamp for leave to file motion to dismiss in excess of twenty pages ( no pgs: 4) (sc) (Entered: 08/15/2003)

08/15/2003 110 UNOPPOSED EMERGENCY MOTION by defendant Peter H Forster, defendant Caroline E Muhlenkamp, defendant George R Roberts, defendant Scott M Stuart to extend time to 8/22/03 to file motion to dismiss Pltfs' Consolidated Amended Complaint ( no pgs: 4) (Up to WHR Chambers 8/14/03 ) (sc) (Entered: 08/15/2003)

08/19/2003 111 MOTION by defendant DPL Inc, defendant Stephen F Koziar Jr, defendant Allen M Hill, defendant Elizabeth M McCarthy to dismiss consolidated amended class action complaint ( no pgs: 3 w/66pg memo & appendices I-III attached) (sc) Modified on 08/21/2003 (Entered: 08/21/2003)

08/19/2003 112 MOTION by defendant PricewaterhouseCoope for leave to file motion to dimsiss in excess of twenty pages ( no pgs: 2 w/motion attached) (sc) (Entered: 08/21/2003)

08/19/2003 113 MOTION by (Outside Director Dfts) defendant James F Dicke II, defendant Jane G Haley, defendant Ernie Green, defendant David R Holmes, defendant Burnell R Roberts, defendant Thomas J Danis, defendant W August Hillenbrand to dismiss consolidated amended class action complaint ( no pgs: 14+exhibits) (sc) (Entered: 08/21/2003)

08/20/2003 114 MOTION by (DPL DFTS) defendant DPL Inc, defendant Stephen F Koziar Jr, defendant Peter H Forster, defendant Allen M Hill, Elizabeth M McCarthy, defendant James F Dicke II, defendant Jane G Haley, defendant Ernie Green, defendant David R Holmes, defendant Burnell R Roberts, defendant George R Roberts, defendant Thomas J Danis, defendant W August Hillenbrand, defendant Scott M Stuart, defendant Caroline E Muhlenkamp for preliminary injunction against proceedings in the state court Austern Trust Action ( no pgs: 20+attachments )( Up to WHR 8/21/03) (sc) (Entered: 08/21/2003)

08/22/2003 115 MOTION by defendant George R Roberts, defendant Scott M Stuart to dismiss the consolidated amended class action complaint ( no pgs: 14+attachments) (sc) (Entered: 08/25/2003)

08/29/2003 116 RESPONSE in Opposition to DPL Dfts' [114] Motion for Preliminary Injunction against proceedings in the State Court Austern Trust Action filed by Co-Lead Pltfs Pipefitters Locals 522 & 633 Pension Trust Fund and The Buckeye Electric Company Retirement Plan. (sc, ) (Entered: 09/02/2003)

09/05/2003 117 ORDER granting [109] Motion for Leave to File by defendants Forster & Caroline E. Mulenkamp to file motion to dismiss in excess of twenty pages. Signed by Judge Walter H. Rice on 9/3/03. ATTORNEY DIRECTED TO FILE MOTION TO DISMISS ELECTRONICALLY PER SDO ECF PROCEDURES OR SUBMIT DOCUMENT IN PDF FORMAT TO THE CLERK'S OFFICE. (re, ) (Entered: 09/05/2003)

09/05/2003 118 ORDER granting [108] Motion for leave to file motion to dismiss Pltf's 117 pg 216 paragraph consolidated amended Class Action Complaint in excess of twenty pages. Signed by Judge Walter H. Rice on 9/3/03. ATTORNEY DIRECTED TO FILE DOUCMENT ELECTRONICALLY PER SDO ECF PROCEDURES OR SUBMIT DOCUMENT IN PDF FORMAT TO THE CLERK'S OFFICE. (re, ) (Entered: 09/05/2003)

09/05/2003 119 REPLY to Response to Motion re [114] Motion for Preliminary Injunction Against Proceedings in the State Court Austern Trust Action filed by Defendants DPL Inc,

Thomas J Danis, James F Dicke II, Peter H Forster, Ernie Green, Jane G Haley, Allen M Hill, W August Hillenbrand, David R Holmes, Stephen F Koziar Jr, Elizabeth M McCarthy, Caroline E Muhlenkamp, Burnell R Roberts, George R Roberts, Scott M Stuart. (Attachments: # 1 Exhibit A Newby v Enron# 2 Exhibit B Transcript)(Faruki, Charles) (Entered: 09/05/2003)

09/09/2003 120 MOTION for Leave to File Excess Pages by Plaintiff The Buckeye Electric Company Retirement Plan. (Cummins, James) (Entered: 09/09/2003)

09/09/2003 121 RESPONSE in Opposition re [111] Motion to Dismiss, [115] Motion to Dismiss, [113] Motion to Dismiss filed by Plaintiff The Buckeye Electric Company Retirement Plan. (Cummins, James) Modified on 9/10/2003 docketed without leave of Court - see Doc #120; Called Atty JC (sc, ). (Entered: 09/09/2003)

09/10/2003 122 MOTION for admission of Sara Kristine Rankin and John Henry Mulhern to Appear Pro Hac Vice by Defendant PricewaterhouseCoopers LLP. (fees paid) (Attachments: # 1 fee receipt)(sc, ) Modified on 9/17/2003 to edit text (sc, ). (Entered: 09/15/2003)

09/15/2003 123 MOTION for Extension of Time to File Response/Reply To Plaintiffs' Memorandum In Opposition To Defendants' Motions To Dismiss The Consolidated Amended Class Action Complaint by Defendants DPL Inc, Thomas J Danis, James F Dicke II, Peter H Forster, Ernie Green, Jane G Haley, Allen M Hill, W August Hillenbrand, David R Holmes, Stephen F Koziar Jr, Elizabeth M McCarthy, Caroline E Muhlenkamp, PricewaterhouseCoopers LLP, Burnell R Roberts, George R Roberts, Scott M Stuart. (Attachments: # 1 Exhibit A-Proposed Order Granting Motion to Extend Time)(Faruki, Charles) (Entered: 09/15/2003)

09/15/2003 124 MOTION for Leave to File Sur-Reply in Opposition to DPL Defendants' Motion for Preliminary Injunction Against Proceedings in the State Court Austern Trust Action by Plaintiff The Buckeye Electric Company Retirement Plan. (Cummins, James) (Entered: 09/15/2003)

09/17/2003 125 STIPULATION AND ENTRY extending time to 10/7/03 for Dft PricewaterhouseCoopers LLP to file its reply to the Pltf's memorandum in opposition to Dft's motion to dismiss . Signed by Judge Walter H Rice on 9/17/03. (sc, ) (Entered: 09/18/2003)

09/19/2003 NOTATION ORDER sustaining 122 Motion for Leave for Attys Sara Kristine Rankin and John Henry Mulhern to Appear Pro Hac Vice . Signed by Judge Walter H Rice on 9/19/03. (sc, ) (Entered: 09/25/2003)

09/19/2003 126 ORDER granting Unopposed 123 Motion for Extension of Time to File Respond To Pltfs' Memorandum in Opposition to Dfts's Motions to Dismiss the Consolidated Amended Class Action Complaint (not yet filed Plaintiffs' 120 MOTION for Leave to File Excess Pages not yet ruled upon) Replies due by 10/7/2003.. Signed by Judge Walter H Rice on 9/19/03. (sc, ) (Entered: 09/25/2003)

09/26/2003 127 MOTION to Dismiss the Consolidated Amended Class Action Complaint by Defendants Peter H Forster, Caroline E Muhlenkamp. Responses due by 10/20/2003 (Attachments: # 1 Exhibit A# 2 Exhibit B part 1# 3 Exhibit B part 2# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10

Exhibit I)(Faruki, Charles) (Entered: 09/26/2003)

10/02/2003 128 MOTION for Joinder IN DPL DEFENDANTS' MOTION FOR PRELIMINARY INJUNCTION AGAINST PROCEEDINGS IN THE STATE COURT AUSTERN TRUST ACTION by Defendant PricewaterhouseCoopers LLP. (Greer, James) (Entered: 10/02/2003)

10/03/2003 129 MOTION for Leave to File Excess Pages in Reply Memorandum to Plaintiffs' Memorandum in Opposition to Defendants' Motions to Dismiss the Consolidated Amended Class Action Complaint by Defendants DPL Inc, Thomas J Danis, James F Dicke II, Peter H Forster, Ernie Green, Jane G Haley, Allen M Hill, W August Hillenbrand, David R Holmes, Stephen F Koziar Jr, Elizabeth M McCarthy, Caroline E Muhlenkamp, Burnell R Roberts. (Faruki, Charles) (Entered: 10/03/2003)

10/06/2003 130 RESPONSE in Opposition re 128 MOTION for Joinder IN DPL DEFENDANTS' MOTION FOR PRELIMINARY INJUNCTION AGAINST PROCEEDINGS IN THE STATE COURT AUSTERN TRUST ACTION filed by Plaintiffs The Buckeye Electric Company Retirement Plan, Richard E Hurley, Donald Moberly, Flora Moberly, Donald E Hime, Glenda E Hime, Robert Garfield, Malcom Rosenfeld, Michael J Bennett, Susan D Bennett, Alvin Rosenbaum, Anthony Milite. (Cummins, James) (Entered: 10/06/2003)

10/07/2003 132 REPLY to Response to Motion re 127 MOTION to Dismiss the Consolidated Amended Class Action Complaint filed by Defendants Peter H Forster, Caroline E Muhlenkamp. (Attachments: # 1 Exhibit A - In re Carter-Wallace# 2 Exhibit B - In re Sensormatic# 3 Exhibit C Part 1 DE&J Limited# 4 Exhibit C Part 2# 5 Exhibit C - Part 3# 6 Exhibit C - Part 4)(re1, ) (Entered: 10/07/2003)

10/07/2003 133 Supplemental continuation: Exhibit D In re Agribiothech 132 Reply to Response to Motion, as to 127 MOTION to Dismiss the Consolidated Amended Class Action Complaint filed by Defendants Peter H Forster, Caroline E Muhlenkamp, Peter H Forster, Caroline E Muhlenkamp. (Attachments: # 1 Exhibit E - Leonard# 2 Exhibit F - Chan Part 1# 3 Exhibit F - Part 2# 4 Exhibit F - Part 3# 5 Exhibit G - In re Royal Applicance# 6 Exhibit H - In re Keithley Part 1 # 7 Exhibit H Part 2)(re1, ) (Entered: 10/07/2003)

10/07/2003 134 REPLY to Response to Motion re [115] Motion to Dismiss The Consolidated Amended Class Action Complaint filed by Defendants George R Roberts, Scott M Stuart. (Attachments: # 1 Exhibit 1 (unreported case)# 2 Exhibit 2 (unreported case)# 3 Exhibit 3 (unreported case))(Ruhenkamp, Nicole) (Entered: 10/07/2003)

10/07/2003 135 RESPONSE in Support re [111] Motion to Dismiss, [110] Motion to Continue, 129 MOTION for Leave to File Excess Pages in Reply Memorandum to Plaintiffs' Memorandum in Opposition to Defendants' Motions to Dismiss the Consolidated Amended Class Action Complaint, [115] Motion to Dismiss, [112] Motion for Leave to File, [113] Motion to Dismiss, 127 MOTION to Dismiss the Consolidated Amended Class Action Complaint (Outside Director Defendants' Motion to Dismiss Consolidated Amended Class Action Complaint filed by Defendants Thomas J Danis, James F Dicke II, Ernie Green, Jane G Haley, W August Hillenbrand, David R Holmes, Burnell R Roberts. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(VanderLaan, Mark) (Entered: 10/07/2003)

10/07/2003 136 REPLY to Response to Motion re [111] Motion to Dismiss Consolidated Amended Class Action Complaint filed by Defendants DPL Inc, Allen M Hill, Stephen F Koziar Jr, Elizabeth M McCarthy. (Faruki, Charles) (Entered: 10/07/2003)

10/07/2003 137 Supplemental Memorandum Supporting re [111] Motion to Dismiss, 136 Reply to Response to Motion to Dismiss Consolidated Amended Class Action Complaint filed by Defendants DPL Inc, Allen M Hill, Stephen F Koziar Jr, Elizabeth M McCarthy, DPL Inc, Allen M Hill, Stephen F Koziar Jr, Elizabeth M McCarthy. (Attachments: # 1 Exhibit 1 - part B# 2 Exhibit 1 - part C# 3 Exhibit 1 - part D# 4 Exhibit 2# 5 Exhibit 3# 6 Exhibit 4# 7 Exhibit 5# 8 Errata 6# 9 Exhibit 7# 10 Exhibit 8# 11 Exhibit 9)(Faruki, Charles) (Entered: 10/07/2003)

10/07/2003 138 Supplemental Memorandum Supporting re [111] Motion to Dismiss, 136 Reply to Response to Motion, 137 Supplemental - Supporting,, Motion to Dismiss Consolidated Amended Class Action Complaint filed by Defendants DPL Inc, Allen M Hill, Stephen F Koziar Jr, Elizabeth M McCarthy, DPL Inc, Allen M Hill, Stephen F Koziar Jr, Elizabeth M McCarthy. (Attachments: # 1 Exhibit 11# 2 Exhibit 12# 3 Exhibit 13# 4 Exhibit 14# 5 Exhibit 15# 6 Exhibit 16# 7 Exhibit 17# 8 Exhibit 18)(Faruki, Charles) (Entered: 10/07/2003)

10/08/2003 139 ORDER re 129 granting MOTION for Leave to File Excess Pages in Reply Memorandum to Plaintiffs' Memorandum in Opposition to Defendants' Motions to Dismiss the Consolidated Amended Class Action Complaint filed by David R Holmes, DPL Inc, W August Hillenbrand, Peter H Forster, Allen M Hill, Elizabeth M McCarthy, James F Dicke, Jane G Haley, Ernie Green, Burnell R Roberts, Thomas J Danis, Caroline E Muhlenkamp, Stephen F Koziar. Signed by Judge Walter H Rice on 10/7/03. (re1, ) (Entered: 10/08/2003)

10/08/2003 NOTICE TO ATTORNEYS: Steven Bashwiner, Robert S. Brown, Michael J. Chepiga, Michael D. Foster, Eric T. Gortner, Mary Ellen Hennessy, Peter K. Kazanoff, Gregory A. Markel, Lawrence D. McCabe, John Henry Mulhern, James C. Munson, Uri Seth Ottensoser, Sara Kristine Rankin, Steven G. Schulman, Martin Lee Seidel, Richard H. Weiss - THIS CASE HAS BEEN PLACED ON THE CM/ECF DOCKETING SYSTEM W/ INFO PACKET. (re1, ) (Entered: 10/08/2003)

10/09/2003 NOTATION ORDER sustaining [112] Motion for Leave to File motion to dismiss in excess of twenty pages. Signed by Judge Walter H Rice on 10/9/03. (sc, ) (Entered: 10/09/2003)

10/09/2003 140 ORDER sustaining in part and overruling in part Defendants' [114] Motion for Preliminary Injunction . Signed by Judge Walter H Rice on 10/9/03. (sc, ) (Entered: 10/09/2003)

10/09/2003 141 First MOTION to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint by Defendant PricewaterhouseCoopers LLP. Responses due by 11/2/2003 (Attachments: # 1)(Greer, David) (Entered: 10/09/2003)

10/09/2003 142 REPLY to Response to Motion re 141 First MOTION to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint filed by Defendant PricewaterhouseCoopers LLP. (Greer, David) (Entered: 10/09/2003)

11/19/2003 143 Joint MOTION to Certify Class Conditionally, Joint MOTION for Settlement to be

Approved Preliminarily by the Court by Plaintiffs Michael J Bennett, Susan D Bennett, Robert Garfield, Donald E Hime, Glenda E Hime, Richard E Hurley, Anthony Milite, Donald Moberly, Flora Moberly, Alvin Rosenbaum, Malcom Rosenfeld, The Buckeye Electric Company Retirement Plan, Defendants DPL Inc, Thomas J Danis, James F Dicke II, Peter H Forster, Ernie Green, Jane G Haley, Allen M Hill, W August Hillenbrand, David R Holmes, Stephen F Koziar Jr, Elizabeth M McCarthy, Caroline E Muhlenkamp, PricewaterhouseCoopers LLP, Burnell R Roberts, George R Roberts, Scott M Stuart, Movants Pipefitters Locals 522 & 633 Pension Trust Fund, Agnes White, William White, Worth of a Soul. Responses due by 12/13/2003 (Attachments: # 1 Exhibit Ex. A Proposed Federal Class Notice Order# 2 Exhibit Ex. A-1 Stipulation of Settlement pt.1, pp. 1-21# 3 Exhibit Ex. A-1 Stipulation of Settlement pt. 2, pp. 22-46# 4 Exhibit Ex. A-2 Notice of Settlement# 5 Exhibit Ex. A-3 Summary Notice of Settlement# 6 Exhibit Ex. A-4 Proof of Claim and Release# 7 Exhibit Ex. A-5 Plan of Allocation pt. 1# 8 Exhibit Ex. A-5 Plan of Allocation pt. 2# 9 Exhibit Ex. A-6 Proposed Federal Class Judgment)(Faruki, Charles) (Entered: 11/19/2003)

11/19/2003 144 FEDERAL CLASS NOTICE ORDER CONDITIONALLY CERTIFYING THE FEDERAL ACTION AS A CLASS ACTION FOR SETTLEMENT PURPOSES, PRELIMINARILY APPROVING THE FEDERAL CLASS SETTLEMENT, PROVIDING FOR NOTICE TO THE FEDERAL CLASS AND SETTING A FINAL HEARING 143; Final Hearing set for 12/22/2003 01:00 PM in Courtroom 1 before Walter H Rice. Signed by Judge Walter H Rice on 11/19/03. (sc1, ) (Entered: 11/19/2003)

12/10/2003 145 NOTICE by Defendant PricewaterhouseCoopers LLP re 144 Order, Set Hearings,, Notice of Agreement Made in Connection with Proposed Settlement (Greer, David) (Entered: 12/10/2003)

12/12/2003 146 NOTICE of Appearance by Richard Stuart Wayne Plaintiffs The Buckeye Electric Company Retirement Plan, Richard E Hurley, Donald Moberly, Flora Moberly, Donald E Hime, Glenda E Hime, Robert Garfield, Malcom Rosenfeld, Michael J Bennett, Susan D Bennett, Alvin Rosenbaum, Anthony Milite (Wayne, Richard) (Entered: 12/12/2003)

12/15/2003 147 MOTION for Settlement by Plaintiffs The Buckeye Electric Company Retirement Plan, Richard E Hurley, Donald Moberly, Flora Moberly, Donald E Hime, Glenda E Hime, Robert Garfield, Malcom Rosenfeld, Michael J Bennett, Susan D Bennett, Alvin Rosenbaum, Anthony Milite. (Attachments: # 1 Text of Proposed Order)(Cummins, James) (Entered: 12/15/2003)

12/15/2003 MOTION (STRICKEN 12-19-03 - REFILED AS OBJECTION #158) for Leave to Appear And Objection By Federal Class Members. (Duwel, Todd) Modified on 12/19/2003 (mkb1, ) - STRICKEN AND REFILED. (Entered: 12/15/2003)

12/15/2003 149 NOTICE by Plaintiff The Buckeye Electric Company Retirement Plan of Filing Affidavits/Declarations (Cummins, James) Additional attachment(s) added on 12/16/2003 (sc, ). Additional attachment(s) added on 12/16/2003 - adding Afdt of Mailing, Declaration of Website and Call Center, Dayton Dailing News Notice, Wall Street Journal Notice (sc, ). (Entered: 12/15/2003)

12/15/2003 150 MOTION to Certify Class and Motion for Final Approval of Settlement by

Defendants DPL Inc, Thomas J Danis, James F Dicke II, Peter H Forster, Ernie Green, Jane G Haley, Allen M Hill, W August Hillenbrand, David R Holmes, Stephen F Koziar Jr, Elizabeth M McCarthy, Caroline E Muhlenkamp, PricewaterhouseCoopers LLP, Burnell R Roberts. Responses due by 1/8/2004 (Attachments: # 1 Exhibit A - Federal Class Judgment# 2 Exhibit B - Glossary of Terms)(Faruki, Charles) (Entered: 12/15/2003)

12/15/2003 151 Joint MOTION for Attorney Fees by Plaintiffs The Buckeye Electric Company Retirement Plan, Richard E Hurley, Donald Moberly, Flora Moberly, Donald E Hime, Glenda E Hime, Robert Garfield, Malcom Rosenfeld, Michael J Bennett, Susan D Bennett, Alvin Rosenbaum, Anthony Milite. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16)(Cummins, James) Additional attachment(s) added on 12/16/2003 (sc, ). Modified on 12/16/2003 to add exhibits A, B and C (sc, ). (Entered: 12/15/2003)

12/15/2003 152 NOTICE by Defendants DPL Inc, Thomas J Danis, James F Dicke II, Peter H Forster, Ernie Green, Jane G Haley, Allen M Hill, W August Hillenbrand, David R Holmes, Stephen F Koziar Jr, Elizabeth M McCarthy, Caroline E Muhlenkamp, Burnell R Roberts, George R Roberts, Scott M Stuart of Agreement Made in Connection with Proposed Settlement (Faruki, Charles) (Entered: 12/15/2003)

12/15/2003 153 AFFIDAVIT of James R. Cummins regarding PR Newsire Publication by Plaintiff The Buckeye Electric Company Retirement Plan. (Attachments: # 1 PR Newswire Publication)(Cummins, James) (Entered: 12/15/2003)

12/15/2003 155 Objection to 144 Proposed Settlement by Harvey R Tuck. (sc1, ) (Entered: 12/19/2003)

12/15/2003 158 Objection 144 TO THE STATEMENT OF ATTORNEYS. FEES AND COSTS SOUGHT IN THE FEDERAL CLASS SETTLEMENT, THE STATE CLASS SETTLEMENT AND THE STATE DERIVATIVE SETTLEMENT AS IDENTIFIED IN THE NOTICE OF DPL, INC. SETTLEMENT JOURNALIZED NOVEMBER 19, 2003 (mkb1, ) Modified on 12/19/2003 (mkb1, ) - CORRECTED FILE DATE. (Entered: 12/19/2003)

12/18/2003 154 MOTION for Leave to File Excess Pages in Memorandum in Support of Joint Fee Application by Plaintiffs The Buckeye Electric Company Retirement Plan, Richard E Hurley, Donald Moberly, Flora Moberly, Donald E Hime, Glenda E Hime, Robert Garfield, Malcom Rosenfeld, Michael J Bennett, Susan D Bennett, Alvin Rosenbaum, Anthony Milite. (Cummins, James) (Entered: 12/18/2003)

12/18/2003 156 Objection re 144 Proposed Setttlement transmitted directly to Judge Rice by Lorreta A Morgan. (sc1, ) Additional attachment(s) added on 12/19/2003 (sc1, ). (Entered: 12/19/2003)

12/18/2003 157 Objection to 144 Proposed Settlement transmitted directly to Judge Rice by John D Harris. (sc1, ) (Entered: 12/19/2003)

12/19/2003 159 Supplemental Memorandum Supporting re 151 Joint MOTION for Attorney Fees filed by Plaintiffs The Buckeye Electric Company Retirement Plan, Richard E Hurley, Donald Moberly, Flora Moberly, Donald E Hime, Glenda E Hime, Robert Garfield, Malcom Rosenfeld, Michael J Bennett, Susan D Bennett, Alvin Rosenbaum, Anthony Milite, The Buckeye Electric Company Retirement Plan,

Richard E Hurley, Donald Moberly, Flora Moberly, Donald E Hime, Glenda E Hime, Robert Garfield, Malcom Rosenfeld, Michael J Bennett, Susan D Bennett, Alvin Rosenbaum, Anthony Milite. (Cummins, James) (Entered: 12/19/2003)

12/19/2003 160 NOTICE by Objectors Robert E Buerger, Federal Class Members, State Class Members Of Proof Of Service Of Objection To The Statement Of Attorneys Fees And Costs (Duwel, Todd) (Entered: 12/19/2003)

12/19/2003 161 AFFIDAVIT of Frank C. Torchio by Plaintiff The Buckeye Electric Company Retirement Plan. (Attachments: # 1 Certificate of Service# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D)(Cummins, James) (Entered: 12/19/2003)

12/19/2003 162 NOTICE by Plaintiff The Buckeye Electric Company Retirement Plan of Filing Affidavit of PR Newswire (Cummins, James) (Entered: 12/19/2003)

12/19/2003 163 DECLARATION OF JOHN C. COFFEE (pages 1-8 re 159 Supplemental - Supporting, 151 and Joint MOTION for Attorney Fees by Plaintiffs Michael J Bennett, Susan D Bennett, Robert Garfield, Donald E Hime, Glenda E Hime, Richard E Hurley, Anthony Milite, Donald Moberly, Flora Moberly, Alvin Rosenbaum, Malcom Rosenfeld, The Buckeye Electric Company Retirement Plan. (Attachments: # 1 pages 9 thru 16# 2 pages 17 thru 24)(original declaration submitted to Clerk's Office for review; downloaded and returned to counsel per SDO Local Rules and Polices and Procedures of CM/ECF(re1, ) (Entered: 12/19/2003)

12/19/2003 164 AFFIDAVIT of PR Newswire LLC - Bonnie Griffith, Bureau Manager regarding the publication of the Summary Notice of Settlement through PR Newswire re 162 144153 by Plaintiffs Michael J Bennett, Susan D Bennett, Robert Garfield, Donald E Hime, Glenda E Hime, Richard E Hurley, Anthony Milite, Donald Moberly, Flora Moberly, Alvin Rosenbaum, Malcom Rosenfeld, The Buckeye Electric Company Retirement Plan. (Attachments: # 1 Exhibit A 11/21 PR Newswire# 2 Exhibit B# 3 Exhibit B continued# 4 Exhibit B continued# 5 Exhibit continued# 6 Exhibit B continued# 7 Exhibit B continued)(orginal affidavit submitted to Clerk's Office for review; downloaded and returned to counsel per SDO Local Rules and Policies and Procedures of CM/ECF(re1, ) (Entered: 12/19/2003)

12/19/2003 165 RESPONSE in Opposition re 151 Joint MOTION for Attorney Fees filed by Plaintiffs The Buckeye Electric Company Retirement Plan, Richard E Hurley, Donald Moberly, Flora Moberly, Donald E Hime, Glenda E Hime, Robert Garfield, Malcom Rosenfeld, Michael J Bennett, Susan D Bennett, Alvin Rosenbaum, Anthony Milite. (Cummins, James) (Entered: 12/19/2003)

12/21/2003 166 NOTICE by Objectors Robert E Buerger, Federal Class Members, State Class Members re 158 Objection (non motion), Objection (non motion) Of Entry Withdrawing Appearance and Objections (Duwel, Todd) (Entered: 12/21/2003)

12/30/2003 167 FEDERAL CLASS JUDGEMENT . Signed by Judge Walter H Rice on 12/30/03. (Attachments: # 1 Exhibit 1)(sc1, ) (Entered: 12/31/2003)

12/31/2003 NOTATION ORDER APPROVAL OF ENTRY WITHDRAWING NOTICE OF APPEARANCE/OBJECTION re 166 filed by Robert E Buerger, Federal Class Members, State Class Members BY S/WALTER H. RICE.(re1, ) (Entered: 12/31/2003)

01/07/2004 NOTATION ORDER Nunc Pro Tunc 12-18-2003 sustaining 154 Motion for Leave to File Excess Pages . Signed by Judge Walter H Rice on 12/29/2003. (kse1, ) (Entered: 01/07/2004)

01/22/2004 168 Minute Entry for proceedings held before Judge Walter H Rice : Fairness Hearing held on 12/22/2003 pursuant to FRCP 23(e). (Court Reporter Debra Futrell.) (sc1, ) (Entered: 01/26/2004)

01/28/2004 NOTATION ORDERS sustaining [88] Motion to Withdraw as Attorney., finding as moot [96] Motion for Joinder, finding as moot [105] Motion for Protective Order, finding as moot [105] Motion for Order to, finding as moot [110] Motion to Continue . Signed by Judge Walter H Rice on 1/28/04. (kse1, ) (Entered: 01/28/2004)

01/28/2004 NOTATION ORDERS finding as moot [111] Motion to Dismiss, finding as moot [113] Motion to Dismiss, finding as moot [115] Motion to Dismiss; case settled. Signed by Judge Walter H Rice on 1/28/04. (kse1, ) (Entered: 01/28/2004)

01/29/2004 169 TRANSCRIPT of Settlement Proceedings held on 12/12/03 before Judge Walter Herbert Rice. Court Reporter: Debra Futrell. (sc1, ) (Entered: 01/29/2004)

03/08/2004 170 DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART THE JOINT APPLICATION OF PLAINTIFFS' COUNSEL FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES 151. Signed by Judge Walter H Rice on 3/8/04. (sc1, ) (Entered: 03/09/2004)

05/17/2004 171 NOTICE by Defendants DPL Inc, Stephen F Koziar Jr, Elizabeth M McCarthy of Withdrawal and Substitution of Counsel for Defendant Allen M. Hill (Faruki, Charles) (Entered: 05/17/2004)

05/17/2004 172 MOTION to Withdraw as Attorney for Peter H. Forster and Caroline E. Muhlenkamp by Defendants DPL Inc, Stephen F Koziar Jr, Elizabeth M McCarthy. (Attachments: # 1 Exhibit A - Order# 2 Exhibit B - Press Release)(Faruki, Charles) (Entered: 05/17/2004)

05/18/2004 173 ORDER GRANTING 172 Motion to Permit the Withdrawal As Counsel for Defendants Peter H Forster and Caroline E Muhlenkamp. Attorney Charles Joseph Faruki, Martin Foos and their law firm Faruki Ireland & Cox PLL terminated as counsel for Defendants Peter H Forster and Caroline E Muhlenkamp. Signed by Judge Walter H Rice on 5/18/04. (sc, ) (Entered: 05/19/2004)

05/25/2004 174 MOTION to Withdraw as Attorney of Gregory A. Markel for Defendants Peter H. Forster and Caroline E. Muhlenkamp by Defendants Peter H Forster, Caroline E Muhlenkamp. (Attachments: # 1 Exhibit A - Order)(Faruki, Charles) (Entered: 05/25/2004)

05/27/2004 175 NOTICE by Defendant DPL Inc of Withdrawal and Substitution of Counsel for Defendant Elizabeth M. McCarthy (Faruki, Charles) (Entered: 05/27/2004)

06/01/2004 176 ORDER GRANTING 174 MOTION OF DEFENDANTS' COUNSEL GREGORY A MARKEL TO PERMIT THE THE WITHDRAWAL AS COUNSEL FOR DEFENDANTS PETER H. FORSTER AND CAROLINE MUHLENKAMP. Attorney Gregory A Markel and Martin Lee Seidel and their law firm Caldwalader, Wickersham & Taft LLP terminated . Signed by Judge Walter H Rice on 6/1/04.

(sc, ) (Entered: 06/01/2004)

06/01/2004 177 NOTICE by Defendant DPL Inc of Withdrawal and Substitution of Counsel for Defendant Stephen F. Koziar, Jr. (Faruki, Charles) (Entered: 06/01/2004)

06/21/2004 178 NOTICE of Appearance by Louis Francis Gilligan Defendants Peter H Forster, Caroline E Muhlenkamp (Gilligan, Louis) (Entered: 06/21/2004)

06/25/2004 179 MOTION for Leave to Appear PRO HAC VICE of Stanley S. Arkin, Charles S. Sullivan and Danielle Sallah by Defendants Peter H Forster, Caroline E Muhlenkamp. (Gilligan, Louis) Additional attachment(s) added on 6/29/2004 FEES PAID (rp, ). Modified on 6/29/2004 (rp, ). (Entered: 06/25/2004)

06/30/2004 NOTATION ORDER sustaining 179 Motion for Leave to Appear PHV of Stanley S. Arkin, Charles S. Sullivan, and Danielle Sallah of the law firm of Arkin Kaplan, LLP. Signed by Judge Walter H Rice on 6/30/04. (kse1, ) (Entered: 06/30/2004)

07/01/2004 180 ORDER granting 179 MOTION for Leave to Appear PRO HAC VICE of Stanley S. Arkin, Charles S. Sullivan and Danielle Sallah filed by Peter H Forster, Caroline E Muhlenkamp. Signed by Judge Walter H Rice on 6/30/04. (rp, ) (Entered: 07/01/2004)

07/06/2004 181 NOTICE by Defendant DPL Inc of Withdrawal of James C. Munson as Counsel (Faruki, Charles) (Entered: 07/06/2004)

07/22/2004 182 MOTION for Leave to File Motion for Preliminary Injunctive Relief to Prevent Plaintiff From Relitigating Settled Claims, From Litigating Federal Securities Claims in State Court, From Repudiating Settlement And From Initiating New Derivative Claims Without Proper Procedural Foundation In Excess of Twenty Pages by Defendant DPL Inc. (Faruki, Charles) (Entered: 07/22/2004)

07/22/2004 183 MOTION for Preliminary Injunction Relief to Prevent Plaintiff From Relitigating Settled Claims, From Litigating Federal Securities Claims In State Court, From Repudiating Settlement and From Initiating New Derivative Claims Without Proper Procedural Foundation by Defendants DPL Inc, Thomas J Danis, James F Dicke II, Ernie Green, Jane G Haley, W August Hillenbrand, David R Holmes, Burnell R Roberts. (Attachments: # 1 Exhibit A# 2 Exhibit A-1# 3 Exhibit A-2 (1-9)# 4 Exhibit A-2 (10-19)# 5 Exhibit Exhibit A-2 (20-29)# 6 Exhibit Exhibit A-2 (30-38)# 7 Exhibit Exhibit A-2 (39-43)# 8 Exhibit A-2 (44-47)# 9 Exhibit A-2 (48-51)# 10 Exhibit A-2 (52-55)# 11 Exhibit A-2 (56-58)# 12 Exhibit A-2 (59-60))(Faruki, Charles) (Entered: 07/22/2004)

08/13/2004 184 RESPONSE in Opposition re 183 MOTION for Preliminary Injunction Relief to Prevent Plaintiff From Relitigating Settled Claims, From Litigating Federal Securities Claims In State Court, From Repudiating Settlement and From Initiating New Derivative Claims Without Proper Procedura filed by Plaintiffs The Buckeye Electric Company Retirement Plan, Richard E Hurley, Donald Moberly, Flora Moberly, Donald E Hime, Glenda E Hime, Robert Garfield, Malcom Rosenfeld, Michael J Bennett, Susan D Bennett, Alvin Rosenbaum, Anthony Milite. (Attachments: # 1 Exhibit A, part 1# 2 Exhibit A, part 2# 3 Exhibit A, part 3# 4 Exhibit A, part 4# 5 Exhibit B# 6 Exhibit C, part 1# 7 Exhibit C, part 2# 8 Exhibit C, part 3# 9 Exhibit C, part 4# 10 Exhibit C, part 5# 11 Exhibit C, part 6# 12 Exhibit C, part 7# 13 Exhibit c, part 8# 14 Exhibit C, part 9)(Corwin, Melanie)

(Entered: 08/13/2004)

08/16/2004 185 MOTION for Disbursement of Funds Settlement(Exhibit B to follow) by Plaintiff The Buckeye Electric Company Retirement Plan. (Attachments: # 1 Exhibit A# 2 Exhibit C# 3 Exhibit D)(Corwin, Melanie) (Entered: 08/16/2004)

08/16/2004 186 Supplemental Memorandum Exhibit B Supporting re 185 MOTION for Disbursement of Funds Settlement filed by Plaintiffs The Buckeye Electric Company Retirement Plan, The Buckeye Electric Company Retirement Plan. (Attachments: # 1 Exhibit B Attachment 2 - Part 1# 2 Exhibit B - Attachment 2-Part 2# 3 Exhibit B - Attachment 2-Part 3# 4 Exhibit B - Attachment 2-Part 4# 5 Exhibit B - Attachment 2-Part 5# 6 Exhibit B - Attachment 2-Part 6# 7 Exhibit B - Attachment 2-Part 7# 8 Exhibit B - Attachment 2-Part 8# 9 Exhibit B - Attachment 2-Part 9# 10 Exhibit B - Attachment 2-Part 10# 11 Exhibit B - Attachment 2-Part 11# 12 Exhibit B - Attachment 2-Part 12# 13 Exhibit B - Attachment 2-Part 13# 14 Exhibit B - Attachment 2-Part 14# 15 Exhibit B - Attachment 2-Part 15)(Corwin, Melanie) Modified on 8/16/2004 to edit text (sc1, ). (Entered: 08/16/2004)

08/16/2004 187 Supplemental Memorandum Exhibit B Supporting re 185 MOTION for Disbursement of Funds Settlement(Exhibit B to follow) filed by Plaintiffs The Buckeye Electric Company Retirement Plan, The Buckeye Electric Company Retirement Plan. (Attachments: # 1 Exhibit B - Attachment 2-Part 17# 2 Exhibit B - Attachment 2-Part 18# 3 Exhibit B - Attachment 2-Part 19# 4 Exhibit B - Attachment 2-Part 20# 5 Exhibit B - Attachment 2-Part 21# 6 Exhibit B - Attachment 2-Part 22# 7 Exhibit B - Attachment 2-Part 23# 8 Exhibit B - Attachment 2-Part 24# 9 Exhibit B - Attachment 2-Part 25# 10 Exhibit B - Attachment 2-Part 26# 11 Exhibit B - Attachment 2-Part 27# 12 Exhibit B - Attachment 2-Part 28# 13 Exhibit Exhibit B - Attachment 2-Part 29# 14 Exhibit B - Attachment 2-Part 30)(Corwin, Melanie) Modified on 8/17/2004 to edit text(sc, ). (Entered: 08/16/2004)

08/16/2004 188 Supplemental Memorandum Exhibit B Supporting re 185 MOTION for Disbursement of Funds Settlement filed by Plaintiffs The Buckeye Electric Company Retirement Plan, The Buckeye Electric Company Retirement Plan. (Attachments: # 1 Exhibit B - Attachment 2-Part 32# 2 Exhibit B - Attachment 2-Part 33# 3 Exhibit B - Attachment 2-Part 34# 4 Exhibit B - Attachment 2-Part 35# 5 Exhibit B - Attachment 2-Part 36# 6 Exhibit B - Attachment 2-Part 37# 7 Exhibit B - Attachment 2-Part 38# 8 Exhibit B - Attachment 2-Part 39# 9 Exhibit B - Attachment 2-Part 40# 10 Exhibit B - Attachment 2-Part 41# 11 Exhibit B - Attachment 2-Part 42# 12 Exhibit B - Attachment 2-Part 43# 13 Exhibit B - Attachment 2-Part 44# 14 Exhibit B - Attachment 2-Part 45)(Corwin, Melanie) Modified on 8/17/2004 (sc, ). (Entered: 08/16/2004)

08/16/2004 189 Supplemental Memorandum Exhibit B Supporting re 185 MOTION for Disbursement of Funds Settlement filed by Plaintiffs The Buckeye Electric Company Retirement Plan, The Buckeye Electric Company Retirement Plan. (Attachments: # 1 Exhibit B - Attachment 2-Part 47# 2 Exhibit B - Attachment 2-Part 48# 3 Exhibit B - Attachment 2-Part 49# 4 Exhibit B - Attachment 2-Part 50# 5 Exhibit B - Attachment 2-Part 51# 6 Exhibit B - Attachment 2-Part 52# 7 Exhibit B - Attachment 2-Part 53# 8 Exhibit B - Attachment 2-Part 54# 9 Exhibit B - Attachment 2-Part 55# 10 Exhibit B - Attachment 2-Part 56# 11 Exhibit B - Attachment 2-Part 57# 12 Exhibit B - Attachment 2-Part 58# 13 Exhibit B -

Attachment 2-Part 59# 14 Exhibit B - Attachment 2-Part 60)(Corwin, Melanie) Modified on 8/17/2004 to edit text (sc, ). (Entered: 08/16/2004)

08/16/2004 190 Supplemental Memorandum Exhibit B Supporting re 185 MOTION for Disbursement of Funds Settlement filed by Plaintiffs The Buckeye Electric Company Retirement Plan, The Buckeye Electric Company Retirement Plan. (Attachments: # 1 Exhibit B - Attachment 2-Part 62# 2 Exhibit B - Attachment 2-Part 63# 3 Exhibit B - Attachment 2-Part 64# 4 Exhibit B - Attachment 2-Part 65# 5 Exhibit B - Attachment 2-Part 66# 6 Exhibit B - Attachment 2-Part 67# 7 Exhibit B - Attachment 2-Part 68# 8 Exhibit B - Attachment 2-Part 69# 9 Exhibit B - Attachment 2-Part 70# 10 Exhibit B - Attachment 2-Part 71# 11 Exhibit B - Attachment 2-Part 72# 12 Exhibit B - Attachment 2-Part 73# 13 Exhibit B - Attachment 2-Part 74# 14 Exhibit B - Attachment 2-Part 75)(Corwin, Melanie) Modified on 8/17/2004 to edit text (sc, ). (Entered: 08/16/2004)

08/23/2004 191 MOTION to Withdraw and Substitute Exhibit by Plaintiffs The Buckeye Electric Company Retirement Plan, Richard E Hurley, Donald Moberly, Flora Moberly, Donald E Hime, Glenda E Hime, Robert Garfield, Malcom Rosenfeld, Michael J Bennett, Susan D Bennett, Alvin Rosenbaum, Anthony Milite. (Cummins, James) (Entered: 08/23/2004)

08/24/2004 192 ORDER GRANTING LEAD PLAINTIFFS' MOTION TO WITHDRAW AND SUBSTITUTE EXHIBIT REGARDING PAYABLE CLAIMS 191 (DOCUMENTS #186-189 IN 75 ELECTRONIC PARTS). Signed by Judge Walter H Rice on 8/24/2004. (sc, ) (Entered: 08/25/2004)

08/26/2004 194 ORDER APPROVING DISTRIBUTION OF THE FEDERAL CLASS SETTLEMENT FUNDS TO VALID CLAIMANTS, ALLOWING LATE-FILED CLAIMS, AND DISALLOWING REJECTED APPEALS 185. Signed by Judge Walter H Rice on 8/26/2004. (sc, ) (Entered: 08/30/2004)

08/27/2004 193 REPLY to Response to Motion re 183 MOTION for Preliminary Injunction Relief to Prevent Plaintiff From Relitigating Settled Claims, From Litigating Federal Securities Claims In State Court, From Repudiating Settlement and From Initiating New Derivative Claims Without Proper Procedura filed by Defendants DPL Inc, Thomas J Danis, James F Dicke II, Ernie Green, Jane G Haley, W August Hillenbrand, David R Holmes, Burnell R Roberts. (Attachments: # 1 Exhibit 1 pt 1 pp1-39# 2 Exhibit 1 pt 2 (pp40-end)# 3 Exhibit 2 pt 1 (pp1-39)# 4 Exhibit 2 pt 2 (pp 40-end)# 5 Exhibit 2-A# 6 Exhibit 2-B# 7 Exhibit 2-C# 8 Exhibit 2-D)(Faruki, Charles) (Entered: 08/27/2004)

08/30/2004 195 Emergency MOTION to Stay August 30, 2004 Order Approving Distribution of Federal Class Settlement Fund to Permit Ruling on Pending Motion for Preliminary Injunction by Defendants DPL Inc, Thomas J Danis, James F Dicke II, Ernie Green, Jane G Haley, W August Hillenbrand, David R Holmes, Burnell R Roberts. (Faruki, Charles) (Entered: 08/30/2004)

08/30/2004 196 RESPONSE to Motion re 195 Emergency MOTION to Stay August 30, 2004 Order Approving Distribution of Federal Class Settlement Fund to Permit Ruling on Pending Motion for Preliminary Injunction and Response to Lead Plaintiffs' Motion for an Order Approving Distribution of the Federal Class Settlement Funds filed by Defendants DPL Inc, Thomas J Danis, James F Dicke II, Ernie Green, Jane

G Haley, W August Hillenbrand, David R Holmes, Burnell R Roberts. (Faruki, Charles) (Entered: 08/30/2004)

08/31/2004 197 RESPONSE in Opposition re 195 Emergency MOTION to Stay August 30, 2004 Order Approving Distribution of Federal Class Settlement Fund to Permit Ruling on Pending Motion for Preliminary Injunction filed by Plaintiffs The Buckeye Electric Company Retirement Plan, Richard E Hurley, Donald Moberly, Flora Moberly, Donald E Hime, Glenda E Hime, Robert Garfield, Malcom Rosenfeld, Michael J Bennett, Susan D Bennett, Alvin Rosenbaum, Anthony Milite. (Cummins, James) (Entered: 08/31/2004)

09/15/2004 198 NOTICE by Plaintiff The Buckeye Electric Company Retirement Plan re 192 Order on Motion to Withdraw of manual filing of substituted exhbit b, attachment 2 (Attachments: # 1)(Cummins, James) (Entered: 09/15/2004)

09/15/2004 199 Supplemental Memorandum Exhibit B Supporting re 185 MOTION for Distribution of Settlement Funds filed by Plaintiffs The Buckeye Electric Company Retirement Plan, Richard E Hurley, Donald Moberly, Flora Moberly, Donald E Hime, Glenda E Hime, Robert Garfield, Malcom Rosenfeld, Michael J Bennett, Susan D Bennett, Alvin Rosenbaum, Anthony Milite, The Buckeye Electric Company Retirement Plan, Richard E Hurley, Donald Moberly, Flora Moberly, Donald E Hime, Glenda E Hime, Robert Garfield, Malcom Rosenfeld, Michael J Bennett, Susan D Bennett, Alvin Rosenbaum, Anthony Milite. (Attachments: # 1 Exhibit B - Part 2# 2 Exhibit B - Part 3# 3 Exhibit B - Part 4# 4 Exhibit B - Part 5# 5 Exhibit B - Part 6# 6 Exhibit B - Part 7# 7 Exhibit B - Part 8# 8 Exhibit B - Part 9# 9 Exhibit B - Part 10# 10 Exhibit B - Part 11# 11 Exhibit B - Part 12# 12 Exhibit B - Part 13# 13 Exhibit B - Part 14# 14 Exhibit B - Part 15)(Cummins, James) Modified on 9/15/2004 (sc, ). (Entered: 09/15/2004)

10/04/2004 200 TRANSCRIPT of Proceedings Telephone Conference held on 10/01/2004 before Judge Walter Herbert Rice. Court Reporter: Monna McCormick. (sc, ) (Entered: 10/04/2004)

10/04/2004 201 TRANSCRIPT of Proceedings Telephone Conference held on 10/04/2004 before Judge Walter Herbert Rice. Court Reporter: Monna McCormick. (sc, ) (Entered: 10/04/2004)

10/13/2004 NOTATION ORDER sustaining 182 Motion for Leave to File, finding as moot, pursuant to the record made on October 4, 2004 183 Motion for Preliminary Injunction Relief to Prevent Plaintiff from Relitigating Settled Claims, and finding as moot, pursuant to the record made on October 4, 2004 195 Motion to Stay 8/30/04 Order. Signed by Judge Walter H Rice on 10/13/04. (kse1, ) (Entered: 10/13/2004)

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