IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
NETSPHERE, INC., §
MANILA INDUSTRIES, INC., AND §
MUNISH KRISHAN §
§
PLAINTIFFS, §
§
V. § CIVIL ACTION NO. 3:09-CV-0988-F
§
JEFFREY BARON AND §
ONDOVA LIMITED COMPANY, §
§
DEFENDANTS. §
THE RECEIVER’S FIRST DYKEMA FEE APPLICATION
Peter S. Vogel, Receiver over Jeffrey Baron and the Receivership Parties (the
“Receiver”), files this First Application for Reimbursement of Fees and Expenses Incurred
(“First Dykema Fee Application”) by Dykema Gossett PLLC (“Dykema”) for the period of July
6, 2012 through July 31, 2012 (the “First Application Period”). In support of the First Dykema
Fee Application, the Receiver states as follows:
I. SUMMARY OF REQUEST
Name of Applicant: Peter S. Vogel on behalf of Dykema Gossett PLLC
Role in Case: Counsel to Peter S. Vogel, Receiver
Application Period: July 6, 2012 – July 31, 2012
Summary of Request (July 6, 2012 to July 31, 2012)
Fees
Expenses
Total
Amounts Requested
Less: Amounts Previously Paid
$237,948.00
$0.00
$3,563.31
$0.00
Total Compensation Due $237,948.00
100%
$3,563.31
100%
=
$241,511.31
$0.00
$241,511.31
Total Req. Paid By This Appl. $237,948.00
$3,563.31 =
$241,511.31
Case 3:09-cv-00988-L Document 1050 Filed 09/20/12 Page 1 of 21 PageID 60607Case 3:13-cv-03461-O Document 47-1 Filed 12/07/13 Page 1 of 21 PageID 7921
Exhibit A
THE RECEIVER’S FIRST DYKEMA FEE APPLICATION Page 2
II. PRELIMINARY STATEMENT
In this First Dykema Fee Application, the Receiver asks this Court for approval and
allowance of all (100%) fees earned and expenses incurred by Dykema during the First
Application Period. As shown by the record before this Court and the exhibits attached hereto,
throughout the First Application Period, Dykema has worked diligently on a daily basis to assist
the Receiver in carrying out his duties under this Court’s Order Appointing Receiver (the
“Receivership Order”) and other related orders. As shown on the record before this Court, the
Receiver believes that Dykema’s work has resulted in identifiable, tangible, and material
progress in carrying out the Receivership Order and winding-up the Recivership. Accordingly,
the First Dykema Fee Application should be approved.
III. SUPPORT
In support of the Dykema Fee Application, the Receiver has attached as Exhibit A hereto,
a true and correct redacted
1
copy of Dykema’s Invoice for Legal Services Rendered on Behalf of
the Receiver during the First Application Period, detailing all fees requested for payment by
Dykema and including narratives of the work performed by Dykema on behalf of the Receiver.
IV. REQUEST
On July 6, 2012, Dykema was substituted in as counsel for the Receiver. On July 12,
2012, the Receiver filed his expedited application to approve Dykema’s retention, to be effective
the first day of employment, July 6, 2012 [Doc. No. 1025] (the “Retention Application”).
Dykema’s engagement letter was attached to the Retention Application and the Court approved
the terms of Dykema’s engagement on July 12, 2012 [Doc. No. 1026].
1
The Dykema fee statement has been redacted to preserve attorney client privilege and confidentiality.
Case 3:09-cv-00988-L Document 1050 Filed 09/20/12 Page 2 of 21 PageID 60608Case 3:13-cv-03461-O Document 47-1 Filed 12/07/13 Page 2 of 21 PageID 7922
THE RECEIVER’S FIRST DYKEMA FEE APPLICATION Page 3
Since engaging Dykema, the Receiver has a) filed a comprehensive brief addressing
numerous consolidated expedited appeals in the Fifth Circuit, b) conducted negotiations with the
Ondova Chapter 11 Trustee culminating in a joint settlement proposal and Term Sheet providing
for a comprehensive joint Plan Settlement to wind-down and resolve this case and the related
Ondova bankruptcy case, c) filed a comprehensive joint Plan and Disclosure Statement in the
Ondova Bankruptcy Court to implement the joint Plan Settlement, d) identified, negotiated and
obtained a $4.1 million stalking horse bid for the primary assets of the Receivership, and e) filed
a Receiver