NECA-IBEW PENSION FUND v. COX

Case No. 1:11-cv-451.

NECA-IBEW PENSION FUND, Derivatively on Behalf of CINCINNATI BELL, INC., Plaintiff, v. PHILLIP R. COX, et al., Defendants.

United States District Court, S.D. Ohio, Western Division.

February 17, 2012.


Attorney(s) appearing for the Case

NECA-IBEW Pension Fund, (The Decatur Plan), Derivatively, on behalf of Cincinnati Bell, Plaintiff, represented by Jack Landskroner , Landskroner — Grieco — Merriman, LLC.

NECA-IBEW Pension Fund, (The Decatur Plan), Derivatively, on behalf of Cincinnati Bell, Plaintiff, represented by Benny C Goodman, III , ROBBINS GELLER RUDMAN & DOWD LLP, Pro Hac Vice.

NECA-IBEW Pension Fund, (The Decatur Plan), Derivatively, on behalf of Cincinnati Bell, Plaintiff, represented by Brett D Stecker , The Weiser Law Firm, P.C., Pro Hac Vice.

NECA-IBEW Pension Fund, (The Decatur Plan), Derivatively, on behalf of Cincinnati Bell, Plaintiff, represented by Darren J Robbins , Robbins Geller Rudman & Dowd LLP, Pro Hac Vice.

NECA-IBEW Pension Fund, (The Decatur Plan), Derivatively, on behalf of Cincinnati Bell, Plaintiff, represented by Drew T Legando , Landskroner — Grieco — Merriman, LLC.

NECA-IBEW Pension Fund, (The Decatur Plan), Derivatively, on behalf of Cincinnati Bell, Plaintiff, represented by Francis A DiGiacco , ROBBINS GELLER RUDMAN & DOWD LLP, Pro Hac Vice.

Phillip R Cox, Defendant, represented by Grant Spencer Cowan , Frost Brown Todd LLC — 1.

Phillip R Cox, Defendant, represented by Matthew Joseph Horwitz , Frost Brown Todd, LLC.

Bruce L. Byrnes, Defendant, represented by Grant Spencer Cowan , Frost Brown Todd LLC — 1.

Bruce L. Byrnes, Defendant, represented by Matthew Joseph Horwitz , Frost Brown Todd, LLC.

Jakki L Haussler, Defendant, represented by Grant Spencer Cowan , Frost Brown Todd LLC — 1.

Jakki L Haussler, Defendant, represented by Matthew Joseph Horwitz , Frost Brown Todd, LLC.

Craig F Maier, Defendant, represented by Grant Spencer Cowan , Frost Brown Todd LLC — 1.

Craig F Maier, Defendant, represented by Matthew Joseph Horwitz , Frost Brown Todd, LLC.

Alex Shumate, Defendant, represented by Grant Spencer Cowan , Frost Brown Todd LLC — 1.

Alex Shumate, Defendant, represented by Matthew Joseph Horwitz , Frost Brown Todd, LLC.

Lynn A Wentworth, Defendant, represented by Grant Spencer Cowan , Frost Brown Todd LLC — 1.

Lynn A Wentworth, Defendant, represented by Matthew Joseph Horwitz , Frost Brown Todd, LLC.

John M Zrno, Defendant, represented by Grant Spencer Cowan , Frost Brown Todd LLC — 1.

John M Zrno, Defendant, represented by Matthew Joseph Horwitz , Frost Brown Todd, LLC.

John F. Cassidy, Defendant, represented by Grant Spencer Cowan , Frost Brown Todd LLC — 1.

John F. Cassidy, Defendant, represented by Matthew Joseph Horwitz , Frost Brown Todd, LLC.

Gary J Wojtaszek, Defendant, represented by Grant Spencer Cowan , Frost Brown Todd LLC — 1.

Gary J Wojtaszek, Defendant, represented by Matthew Joseph Horwitz , Frost Brown Todd, LLC.

Christopher J Wilson, Defendant, represented by Grant Spencer Cowan , Frost Brown Todd LLC — 1.

Christopher J Wilson, Defendant, represented by Matthew Joseph Horwitz , Frost Brown Todd, LLC.

Cincinnati Bell Inc., Defendant, represented by Douglas Edward Hart , Douglas E. Hart.


ORDER

TIMOTHY S. BLACK, District Judge.

At the December 21, 2011 hearing on the Court's sua sponte Order to Show Cause, counsel for the Individual Defendants informed the Court of a pending settlement in In re Cincinnati Bell, Inc., Case No. A1105305, Court of Common Pleas, Hamilton County, Ohio. Defense counsel also indicated his belief that a state court settlement would bar this action under the principle of res judicata.

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