UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION AT CINCINNATI

UNITED STATES SECURITIES AND

EXCHANGE COMMISSION

Case No. 1:01-cv- 116

(Judge Sandra S. Beckwith)

Plaintiff

STEPHEN G. DONAHUE, et aI.

MOTION FOR ORDER

SUBSTITUTING

H. PATRICK WEBER AS RECEIVER

Defendants.

Comes now Michael R. Barrett, the receiver appointed by order entered March 7, 2001

(doc. 12), and moves the Court for entry of an order substituting H. Patrick Weber as receiver for

the estate of Stephen G. Donahue (the "Receiver ) effective immediately on the grounds that Mr.

Barrett will soon no longer be able to serve as Receiver as more fully set forth in the attached

memorandum.

Respectfully submitted

Isl Richard Boydston

Richard Boydston (22360)

Attorney for Michael R. Barrett, Receiver

Greenebaum Doll & McDonald PLLC

255 East Fifth Street #2800

Cincinnati OH 45202-4728

513.455. 7663

513.762.7963 (fax)

rb2~gdm.com

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Case 1:01-cv-00116-SSB-TSH Document 120 Filed 05/02/2006 Page 1 of 3
MEMORANDUM

Mr. Barrett has been nominated by the President of the United States to the position of

judge in this Court. The nomination , 2006 by the entire Senate of the

United States Congress.

Mr. Weber is Mr. Barrett' s partner at the firm of Barrett & Weber, L.P.A. Mr. Weber has

provided legal services at the request and for the benefit of the Receiver throughout the

receivership and is familiar with the work necessary to complete the Receiver s duties and close

the receivership.

Counsel for the plaintiff United States Securities and Exchange Commission and also for

the Securities Investors Protection Corporation have advised counsel for the Receiver that they

have no objection to the substitution.

WHEREFORE, the Receiver prays the Court enter an order substituting Mr. Weber for

Mr. Barrett as the Receiver.

Respectfully submitted

Isl Richard Bovdston

Richard Boydston (22360)

Attorney for Michael R. Barrett, Receiver

Greenebaum Doll & McDonald PLLC

255 East Fifth Street #2800

Cincinnati OH 45202-4728

513.455. 7663

513.762.7963 (fax)

rb2~gdm.com

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Case 1:01-cv-00116-SSB-TSH Document 120 Filed 05/02/2006 Page 2 of 3
CERTIFICATE OF SERVICE

I certify that a copy of the foregoing Motion for Order Substituting H. Patrick Weber

Receiver was served on May 2, 2006 electronically pursuant to the CMIECF procedures

established by the Court and by ordinary United States mail, first class postage prepaid, on the

following.

Isl Richard Boydston

Anne C. McKinley, Esq.

U.S. Securities and Exchange Commission

175 West Jackson Boulevard, Suite 900

Chicago, IL 60604

mckinleyacqJ,sec. gov

Glenn V. Whitaker, Esq.

V orys, Sater, Seymour & Pease

Atrium Two

221 E. Fourth Street, Suite 2100

Cincinnati, Ohio 45202

gvwhitaker~vssp. com

Gerald L. Baldwin, Esq.

Frost Brown Todd

2500 PNC Center

201 E. Fifth Street

Cincinnati, Ohio 45202

gbaldwin~fbt1aw .com

1. Michael Debbeler, Esq.

Graydon, Head & Ritchey, LLP

1900 Fifth Third Center

511 Walnut Street

Cincinnati, Ohio 45202

mdebbeler~graydon. com

Donald 1. Rafferty, Esq.

Cohen Todd Kite & Stanford, LLC

250 E. Fifth Street, Suite 1200

Cincinnati, Ohio 45202

draffertycqJ,ctks. com

651854

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Case 1:01-cv-00116-SSB-TSH Document 120 Filed 05/02/2006 Page 3 of 3