Please return this remittance page with your payment to:
Gardere Wynne Sewell LLP, P.O. Box 660256, Dallas, TX 75266-0256 (payments only). Payment can also be made by WIRE to:Amegy
Bank, 2501 North Harwood Street, Dallas, Texas 75201 - ABA routing number: 113011258 , Account name: Gardere Wynne Sewell
LLP, Account #: 53271439,For INTERNATIONAL WIRES: Amegy Bank, SWIFT SWBK US44. Important: Please reference a Client #
and/or Invoice #
GARDERE WYNNE SEWELL LLP
ATTORNEYS AND COUNSELORS
1601 ELM STREET SUITE 3000
DALLAS, TEXAS 75201-4761
(214) 999-3000
TAX I.D. 75-0730814
Peter S. Vogel, Receiver
1601 Elm Street, Suite 3000
Dallas, TX 75201
July 24, 2012
Invoice Number: 1079710
Due within 30 days of receipt
Client: 136589
REMITTANCE ADVICE
Re: Matter: 000002 Counsel for Receiver
Total Fees 93,588.00
Total Disbursements 1,196.25
TOTAL CURRENT BILL $ 94,784.25
Outstanding Receivables as of July 24, 2012 for the matter indicated above:
INVOICE #: 1033873 04/27/11 50,580.95
INVOICE #: 1033876 04/27/11 79,822.37
INVOICE #: 1037496 06/07/11 15,744.27
INVOICE #: 1037499 06/07/11 29,644.74
INVOICE #: 1042633 07/19/11 18,645.85
INVOICE #: 1042843 07/21/11 8,475.09
INVOICE #: 1047329 09/08/11 40,938.55
INVOICE #: 1050634 10/11/11 19,153.51
INVOICE #: 1054040 11/10/11 18,205.94
INVOICE #: 1059360 12/21/11 40,522.45
INVOICE #: 1060949 01/10/12 11,698.18
INVOICE #: 1063641 02/24/12 18,443.44
INVOICE #: 1065335 02/24/12 13,128.33
INVOICE #: 1067911 03/15/12 8,150.00
INVOICE #: 1071245 04/23/12 19,581.15
INVOICE #: 1071347 04/24/12 12,726.52
INVOICE #: 1073849 06/21/12 12,088.69
INVOICE #: 1075925 06/21/12 18,955.99
Case 3:09-cv-00988-F Document 1035-1 Filed 07/31/12 Page 1 of 18 PageID 60213
USCA5 133
Please return this remittance page with your payment to:
Gardere Wynne Sewell LLP, P.O. Box 660256, Dallas, TX 75266-0256 (payments only). Payment can also be made by WIRE to:Amegy
Bank, 2501 North Harwood Street, Dallas, Texas 75201 - ABA routing number: 113011258 , Account name: Gardere Wynne Sewell
LLP, Account #: 53271439,For INTERNATIONAL WIRES: Amegy Bank, SWIFT SWBK US44. Important: Please reference a Client #
and/or Invoice #
TOTAL OUTSTANDING $ 436,506.02
TOTAL DUE AND OUTSTANDING $ 531,290.27
Case 3:09-cv-00988-F Document 1035-1 Filed 07/31/12 Page 2 of 18 PageID 60214
USCA5 134
GARDERE WYNNE SEWELL LLP
ATTORNEYS AND COUNSELORS
1601 ELM STREET SUITE 3000
DALLAS, TEXAS 75201-4761
(214) 999-3000
TAX I.D. 75-0730814
Peter S. Vogel, Receiver
1601 Elm Street, Suite 3000
Dallas, TX 75201
July 24, 2012
Invoice Number: 1079710
Client: 136589
Due within 30 days of receipt
FOR LEGAL SERVICES RENDERED THROUGH 07/06/12
Matter no: 000002
Counsel for Receiver
Date Attorney/Description Hours
06/01/12 B. Golden
Review orders from Fifth Circuit regarding oral argument and consolidation (.1);
review correspondence from Kane Russell regarding potential appearance and
determine strategy regarding same (.1); review motion to appear as counsel for
Baron (.1).
0.30
06/01/12 P. Loh
Review and analyze letter from the Fifth Circuit concerning final briefing
schedule and possibility of oral argument (.3); review and analyze motion for
Stephen Cochell to appear as attorney for Jeff Baron (.6); research and analyze
Mr. Cochell's background and qualifications (.2); arrange for deactivation of LLC
domain name which may be subject of UDRP action (.2); investigate whether the
Receiver controls the same (.1); review and analyze pending tasks needing
completion for termination of the Receivership (.4); review and analyze status of
efforts to sell LLCs' domain name portfolios to satisfy receivership liabilities (.5).
2.20
06/01/12 J. Blakley
Review global settlement agreement to forecast settlement payments expected
from Manila and Netsphere to Village Trust to be diverted to receivership estate,
and draft memorandum outlining expected payments (.5); draft and send letter to
former Baron attorneys outlining recent filings related to their former attorney
claims (.4); draft and file notice with the district court regarding same (.3);
receive and review orders from Fifth Circuit regarding appeal consolidation and
briefing schedule, conference with Receiver regarding same (.3); draft and file
Martin Thomas fee application (.4); draft and submit proposed order granting
Martin Thomas fee application (.3); update, supplement, and circulate internal
chart tracking all Baron appeals to the Fifth Circuit and district court (.4); update,
supplement, and circulate internal chart tracking all pending motions (.4); receive
and review Stephen Cochell's motion for appointment as counsel (.2); receive and
review court order granting Martin Thomas fee application (.1).
3.30
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USCA5 135
Peter S. Vogel, Receiver
Client No. 136589 Page 4
Invoice No. 1079710 July 24, 2012
Date Attorney/Description Hours
06/03/12 B. Golden
Analyze strategy for call with potential new Baron counsel (.1).
0.10
06/04/12 K. Niesman
Review and comment on engagement agreement involving Quantec LLC & Novo
Point LLC. (.9).
0.90
06/04/12 M. Newman
Review of portfolio valuation engagement letter; provide comments to same (.7).
0.70
06/04/12 B. Golden
Analyze strategy for responding to Schepps' motion to reconsider with Fifth
Circuit (.1).
0.10
06/04/12 P. Loh
Draft letter to counsel of Citigroup, Inc. concerning pending cybersquatting
claims against LLC domain names (.5); correspond with counsel for Citigroup,
Inc. concerning same (.1); correspond with possible counsel for Mr. Baron from
Kane Russell firm (.3); correspond with court personnel concerning pending
motions before the court (.2); review and analyze pending tasks needing
completion for termination of Receivership (.3); correspond with counsel for the
Trustee concerning termination of Receivership (.4); draft engagement letter with
Marksmen for appraisal of entire domain name portfolio (.8).
2.60
06/04/12 J. Blakley
Draft and circulate memorandum to Receivership team regarding motions filed
before district court stay and still pending (.3); phone call and correspondence
with D. Nelson regarding domain name sales (.4); receive and review
memorandum from J. Eckels regarding non-renewal of certain domain names (.4).
1.20
06/05/12 K. Niesman
Revise Quantec LLC and Novo Point LLC engagement agreement regarding
valuation of domains (1.0); office conference with Peter Loh regarding same and
additional revisions (.4).
1.40
06/05/12 B. Golden
Analyze strategy relating to oral argument at Fifth Circuit and responding to
Schepps' motion for reconsideration at Fifth Circuit (.1).
0.10
06/05/12 P. Loh
Review and analyze engagement letter from Marksmen for appraisal of entire LLC
domain name portfolio (.5); draft letter to counsel for Citigroup concerning
federal court lawsuit against LLC domain names and stay of same (.8); review and
analyze Mr. Baron's motion to reconsider Fifth Circuit directive and briefing
schedule and whether a response is necessary (.6); correspond with counsel for the
Trustee concerning same (.4); review memoranda recommending deactivation of
certain domain names which are the subject of possible UDRP actions (.3);
correspond in writing and via telephone with counsel for complainants with
possible UDRP actions against LLC domain names (.8); draft motion to liquidate
domain name portfolio and pay creditors (1.5).
4.90
06/05/12 J. Blakley
Receive and review Baron's Motion to Reconsider Court Directive on Briefing
Periods for New Appeals from the District Court (.4); phone call with Fifth
Circuit clerk's office (.2); correspondence with M. Thomas regarding wire transfer
pursuant to Court order (.1); correspondence with BBVA Compass regarding wire
transfer (.3); correspondence with D. Nelson regarding domain deactivations (.1);
correspondence with P. Loh regarding certain UDRP disputes (.3); start drafting
tenth deactivation motion (.6).
2.00
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USCA5 136
Peter S. Vogel, Receiver
Client No. 136589 Page 5
Invoice No. 1079710 July 24, 2012
Date Attorney/Description Hours
06/06/12 P. Loh
Review and analyze memorandum concerning deactivation of domain name
subject to UDRP complaint (.1); correspond with Receiver concerning same (.1);
draft motion to liquidate domain name portfolio (4.3); correspond with Damon
Nelson concerning same with specific attention to particular method of appraisal
of portfolio (.7); correspond with counsel for the Trustee concerning legal
authority for reserve fund to pay for legal expenses and other receivership
administrative costs post receivership (.4); research whether there is legal
authority for maintenance of such a fund (.5).
6.00
06/06/12 J. Blakley
Draft and send conference email regarding tenth deactivation motion (.2); draft,
file, and serve tenth deactivation motion, prepare exhibits thereto (.5); draft and
submit proposed order granting tenth deactivation motion (.2); receive and review
NAF order staying UDRP lawsuit (.2); receive and review order granting tenth
deactivation motion (.1).
1.20
06/07/12 K. Niesman
Prepare email to Peter Loh regarding Marksmen - Quantec LLC and Novo Point
LLC engagement letter regarding valuation of domains and revise same (.2);
telephone conference with Peter Loh regarding open issues, especially indemnity
(.2); telephone conference with Bev Godbey regarding indemnity (.1).
0.50
06/07/12 P. Loh
Review and analyze Receivership's liabilities and assets with particular attention
to monies to be paid to the Village Trust per the Global Settlement Agreement
(.6); draft Receiver's report of work for May 2012 (4.7); draft engagement letter
with appraisal service for sale of LLCs' domain name portfolio (.6); correspond
with counsel for party with potential UDRP complaint against LLC domain name
(.2).
6.10
06/07/12 J. Blakley
Phone call with R. Urbanik regarding terms of global settlement agreement
relating to Manila/Netsphere payment obligations (.6).
0.60
06/08/12 B. Golden
Analyze strategy for whether to respond to Schepps' motion to reconsider at Fifth
Circuit (.1); analyze strategy relating to motion to sell bulk package of domain
names (.2); analyze strategy relating to motion to modify/close out
Receivership(.1); analyze strategy for arguments relating to motion to allow
appearance of new Baron attorney(.1); receive and review numerous orders issued
by Court on June 8, 2012 (.2); analyze strategy for determining and monetizing
monies owed by Netsphere (.1); analyze strategy for preparing and filing May
Receivership Report (.1).
0.90
06/08/12 P. Loh
Correspond with representatives of entities with possible UDRP claims against
LLC domain names (.3); review and analyze cash flow forecasts from Damon
Nelson for LLCs through 2012 (.5); review and analyze accounting snapshots for
LLCs for May 2012 (.3); correspond with Grant Thornton concerning audit of
same (.2); correspond with Morgan Adler law firm (former Baron attorneys)
concerning invoices for legal services (.2); review and analyze pending tasks
requiring completion for termination of receivership (.3); draft motion to
liquidate domain name portfolios (.3); review and analyze orders issued by the
Court lifting the stay, denying other forms of relief without prejudice, setting a
hearing for June 27, and related issues (.6).
2.70
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USCA5 137
Peter S. Vogel, Receiver
Client No. 136589 Page 6
Invoice No. 1079710 July 24, 2012
Date Attorney/Description Hours
06/08/12 J. Blakley
Draft and send memorandum to Receivership team regarding global settlement
payments that Receiver may intercept in near future (.4); phone call with district
court's clerk office and email re-submitting proposed orders (.1); receive and
review district court's orders granting the Trustee's motion to reconsider stay,
granting the Receiver's motion for reconsideration of order regarding Mr. Baron's
request to research financing options, granting the Receiver's fifth motion to
clarify Receiver Order, denying without prejudice all motions pending prior to the
district court's stay, and setting hearing on appointment of Baron's counsel (.7);
receive from D. Nelson and review LLC cash flow forecasts through December
2012 (.4).
1.70
06/09/12 B. Golden
Coordinate efforts for payment of Baron's insurance, rent, and living expenses
(.1); prepare detailed outline of arguments to incorporate into response to
Cochell's motion for appointment as counsel in the underlying case (.5); analyze
strategy for hearing on same motion (.1); review Schepps' motion to reconsider
directive on briefing periods for new appeals from the District Court (.1); analyze
strategy relating to potential response to same motion (.1); analyze strategy
relating to response to forthcoming principal appellate brief for 12-10489 (.1);
analyze strategy regarding potential response to District Court's directive
regarding stay of the underlying case, including potential settlement negotiations
with Netsphere (.1); analyze strategy for responding to Trustee's 31st fee
statement in Ondova, including seeking position from Martin Thomas, preparing
response brief, and presenting evidence at hearing (.1); determine status and
strategy relating to May Receivership report (.1); analyze status and strategy for
preparing and filing UDRP charts (.1); analyze strategy for preparing and filing
financial picture projecting through June 30, 2012 (.1); analyze strategy for
having Grant Thornton audit Damon Nelson's May Financial Analysis (.1);
analyze status relating to sales of Servers.com and Mondial.com and impact on
Trustee' s assets and liabilities (.1); determine status relating to sale of domain
name packages (.1); prepare argument relating to post-Receivership payment
vehicle, for purposes of incorporating into incorporate into motion to sell
additional domain names (.2); determine strategy, status, and orders concerning
payments to Former Baron Attorneys (.1); analyze strategy for negotiating with
Trustee over payment of Trustee creditor claims and review related draft motion
from Trustee and related correspondence from Trustee (.1); review June 4 version
of chart of pending motions before District Court and determine strategy for
revising same chart (.1); review June 4 version of chart of pending appeal briefs
and determine strategy for revising same chart (.1); analyze strategy for preparing
and filing Eleventh Motion to Confirm Propriety of Deactivations and updated
chart of deactivations (.1); analyze strategy and status for renewal of May-
expiring domain names (.1); determine protocol for confirm receipts of payments
from Netsphere for quarterly interest and Pokerstar revenues (.1); analyze strategy
for filing nineteenth motion to renew certain money-losing domain names (.1);
review June 1 letter to Former Baron Attorneys regarding status of case and
determine strategy for preparing subsequent letter to send them in July (.1);
review Damon Nelson's June 8 cash flow projection through year end and
determine conclusions to be reached from same (.1); prepare and circulate
updated Receivership projects chart (.5).
3.50
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USCA5 138
Peter S. Vogel, Receiver
Client No. 136589 Page 7
Invoice No. 1079710 July 24, 2012
Date Attorney/Description Hours
06/11/12 B. Golden
Begin to review Schepps' motion for leave to modify district court record
concerning Receivership order and order denying motion to stay Receivership
(.3); analyze strategy for responding to same motion (.2); continue to prepare
detailed outline and initial draft of response to Cochell's motion to appear as
attorney in underlying case (1.0).
1.50
06/11/12 J. Blakley
Correspondence with J. Eckels, J. Cox, and D. Nelson regarding receivership
invoices (.1); correspondence and phone call with D. Nelson regarding domain
name sales (.4); correspondence with R. Puri regarding global settlement payment
re-directed to Receivership account (.1); phone call with Comerica bank
regarding receivership accounts (.3); draft receivership financial picture through
June 30, 2012 (3.7); draft response to Stephen Cochell's motion for appointment
as Baron's counsel in underlying case (1.2).
5.80
06/12/12 B. Golden
Continue to analyze strategy for responding to Schepps' motion for leave to file
motion requesting supplementation/modification of trial court record relating to
Receivership Order and Order denying motion to stay Receivership (.5); continue
to analyze strategy for responding to Cochell's motion to appear as Baron's new
counsel in underlying case (.2); communicate with counsel for Trustee regarding
call to discuss same motions and additional motions relating to resolution of
Receivership (.1); review Fifth Circuit Order denying Schepps' motion for
reconsideration on 6/1/12 directive relating to briefing schedule (.1).
0.90
06/12/12 J. Blakley
Receive and review Schepps' motion for "correction of the record to reflect that
secret ex parte proceedings to install Vogel as received over Baron" (.3); receive
and review Fifth Circuit order denying Schepps and Baron's motions opposing
briefing schedule and to stay district court "from entering further orders
disbursing the receivership res" (.2); receive and review D. Nelson invoices (.3);
draft receivership financial picture through June 30, 2012 (.5); draft response to
Stephen Cochell's motion for appointment as Baron's counsel in underlying case
(.7).
2.00
06/13/12 M. Newman
Review of correspondence from counsel for potential purchaser of domain name
regarding status of acquisition (.1); prepare e-mail correspondence responding to
same (.1).
0.20
06/13/12 B. Golden
Prepare initial draft of motion to clarify instruction to Receiver on payments to
Former Baron Attorneys (1.4); review various court pleadings and orders for
purposes of incorporating into same (.5); draft and revise response in opposition
to appearance of Stephen Cochell as counsel for Baron (.5); conduct investigation
regarding sanction against Mr. Cochell issued by Southern District of Texas, for
purposes of incorporating into same response (.2); continue analyzing strategy for
response to Schepps' motion to supplement district court record (.2); participate
in telephone conference with counsel for Trustee regarding same, as well as
additional strategies for resolving Receivership and Trusteeship and satisfying
liabilities (.4); analyze Receivership finances and determine whether and when
cash does or will exist in order to pay Former Baron Attorneys per Court order
(.2); review draft of June 30 financial picture (.2); review and send
correspondence from Gerrit Pronske regarding his Former Attorney Claim (.1).
3.70
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USCA5 139
Peter S. Vogel, Receiver
Client No. 136589 Page 8
Invoice No. 1079710 July 24, 2012
Date Attorney/Description Hours
06/13/12 J. Blakley
Draft and circulate receivership financial picture through June 30, 2012 (1.6);
calendar upcoming payment deadlines pursuant to global settlement agreement
(.4); calendar briefing dates as ordered by Fifth Circuit (.2); draft response to
Stephen Cochell's motion for appointment as Baron's counsel in underlying case
(2.6); draft memorandum to B. Golden regarding upcoming receivership
liabilities, including payments to Baron Former Attorneys (.6); revise draft
motion to seek clarification regarding payment to Former Baron Attorneys (.4).
5.80
06/14/12 B. Golden
Review Netsphere's response to Court's advisory relating to severance and stay of
underlying case (.1); prepare and file reply to same Netsphere response (.2);
continue drafting and revising response to Cochell's request to appear as counsel
for Baron in underlying case (1.4); continue and drafting motion to clarify with
respect to payment of Former Attorney Claims (.9); prepare and revise order
granting same motion to clarify (.2); coordinate efforts to seek conference on
same motion (.1); communicate with counsel for Trustee regarding same motion
(.3).
3.20
06/14/12 J. Blakley
Draft and file motion to clarify instruction to Receiver on payments to Former
Baron Attorneys (.4); draft and send conference email regarding same (.2); draft
and submit proposed order granting same (.4); receive and review Netsphere's
response to Court advisory regarding First Amended Complaint (.4); draft and file
receiver's notice regarding Netsphere's response to Court advisory regarding First
Amended Complaint (.5); draft and file response to Cochell's motion to appear as
Baron's counsel (2.2); draft letters to Pinnacle and Unitedhealthcare with payment
for Baron's health insurance through September 2012 (.5); review Trustee's 31st
fee statement (.3).
4.90
06/15/12 M. Newman
Review of engagement letter with proposed valuation firm (.7).
0.70
06/15/12 B. Golden
Analyze strategy for responding to Schepps' motion to supplement district-court
record (.1); receive and Review Schepps' amended notice of appeal (.1); receive
and review Schepps' notice of materials served on him concerning domain name
sales (.2); receive and review Schepps' transcript request (.1); review Netsphere
notice of correction filing (.1); analyze strategy for finalizing and filing May
Receivership Report (.1); analyze strategy for upcoming June 27 hearing on
Cochell's motion to appear as counsel for Baron (.2); analyze strategy for
finalizing financial picture through June 30, 2012 (.1); prepare and circulate
updated chart of Receivership projects (.4).
1.40
06/15/12 J. Blakley
Receive and review Schepps' amended notice of appeal filed in district court (.2);
receive and review Schepps' "notice of materials served on appellate counsel"
(.3); receive and review Schepps' transcript request related to appeal (.1).
0.70
06/18/12 M. Newman
Review and revise engagement agreement related to portfolio sale (.5); prepare e-
mail correspondence to opposing counsel outlining requested changes(.2).
0.70
Case 3:09-cv-00988-F Document 1035-1 Filed 07/31/12 Page 8 of 18 PageID 60220
USCA5 140
Peter S. Vogel, Receiver
Client No. 136589 Page 9
Invoice No. 1079710 July 24, 2012
Date Attorney/Description Hours
06/18/12 B. Golden
Review District Court orders relating to pending bankruptcy issues concerning
appeals (.2); analyze issue regarding potential receipt of funds from former
counsel for Blue Horizons (.1); analyze strategy for hearing on motion to permit
Cochell to appear as Baron counsel (.2); analyze strategy for response to Schepps
motion to supplement record (.1); analyze strategy for paying Receivership
liabilities (.1); analyze strategy for responding to Schepps request for funds for
appellate filings (.1).
0.70
06/18/12 P. Loh
Review and analyze pending tasks requiring completion including receivership
report, financial picture, and insurance payments (.6); correspond with Gary
Schepps concerning reimbursement of filing fees for appeals (.4); correspond with
Dan Altman, former attorney for Blue Horizons, concerning refund of filing fee
from previous litigation (.2).
1.20
06/18/12 J. Blakley
Draft motion to liquidate LLCs' domain name portfolio (1.7); correspondence
with J. Eckels regarding invoice for receivership work (.1); receive and review
Baron's notice of order (.2).
2.00
06/19/12 M. Newman
Review of proposed agreement with valuation firm (.2).
0.20
06/19/12 B. Golden
Review Court orders on various motions and analyze strategy for responding to
questions from Former Baron Attorneys (.1).
0.10
06/19/12 P. Loh
Review and analyze Gary Schepps' request for reimbursement of appellate filing
fees (.4); review and analyze record of court orders on same (.3); correspond with
Former Baron Attorneys concerning court's order denying payments pending Fifth
Circuit appeal (.5); draft motion seeking clarification of whether the Receiver
should reimburse Mr. Schepps for appellate filing fees (.4); review and analyze
options for retention of appraisal service to appraise domain name portfolio for
possible sale (.3).
1.90
06/19/12 J. Blakley
Receive and review Court's order on payment to Former Baron Attorneys (.4);
receive and review Court's order regarding winding up of Receivership, attorney
conference regarding same (.5); draft email to G. Schepps regarding request for
funds to pay appeal filing costs (.3); draft and send letters to insurance companies
with payment for Baron's insurance through September 30, 2012 (.9); per Court
order, draft and send letter to Former Baron Attorneys regarding Court's order on
payment to Former Baron Attorneys (.9); draft and file notice of the same with
Court (.5); revise and supplement June 2012 financial picture (1.5).
5.00
06/20/12 P. Loh
Correspond with counsel representing entities with potential UDRP claims against
LLC domain names and arrange for deactivation of same (.2); correspond with
Damon Nelson concerning hearing set for June 27, 2012 (.2); prepare for same
hearing (.4); review and analyze pending tasks requiring completion in order to
terminate receivership (.4); draft Receivership Financial Picture as of June 30,
2012 (.3).
1.50
06/20/12 J. Blakley
Respond to inquiry from Fomer Baron Attorney (.2); draft motion to clarify
Receiver's obligations to pay appellate filing fees of Baron (1.0); receive and
review Fifth Circuit's order denying Baron's motion to stay bankruptcy court order
to sell mondial.com (.1); draft May Receiver Report (1.7).
3.10
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USCA5 141
Peter S. Vogel, Receiver
Client No. 136589 Page 10
Invoice No. 1079710 July 24, 2012
Date Attorney/Description Hours
06/21/12 M. Newman
Negotiations with opposing counsel related to engagement letter (.5).
0.50
06/21/12 B. Golden
Receive and review Cochell's reply in support of motion to appear as counsel for
Baron in underlying case (.7); analyze strategy for preparing and organizing
factual and legal arguments to present to the Court relating to same reply brief at
upcoming hearing (1.3); analyze strategy for finalizing and filing May
Receivership report (.1); analyze strategy for updating UDRP chart to be filed
after May Receivership Report (.1); analyze strategy for finalizing and filing final
motion to sell domain names (.4); analyze strategy for collecting and filing
separate appraisals relating to same motion (.2); analyze strategy for preparing
Receiver's Report Regarding Whether the Receivership Can be Closed Within 90
Days (.4); analyze strategy for finalizing and filing Financial Picture (.3);
coordinate efforts to pay rent and Baron's living expenses, and filing fee
application for Martin Thomas (.1); analyze status of monies received by
Netsphere relating to settlement (.2); analyze strategy for preparing motion for
permission to pay for Baron's appellate filing fees (.2); review Court order
regarding sale of Mondial (.1); prepare and circulate updated chart of
Receivership projects (.4); communicate with Sid Chesnin regarding potential
motion for reconsideration relating to Former Attorney Claims payment (.2).
4.70
06/21/12 P. Loh
Strategize regarding engagement letter with appraisal firm for appraisal of domain
name portfolio (.4); review and analyze issues to be discussed at hearing on June
27, 2012 and prioritize same (.9); construct financial outlook for Receivership
and what it would take to satisfy Receivership liabilities (.7); draft motion to
liquidate domain names (1.9); review and analyze Mr. Baron's personal financial
assets post-Receivership (.4); correspond with Former Baron Attorneys
concerning the Court's order that they intervene in Mr. Baron's appeals and
articulate reasons for why the Fifth Circuit should rule in their favor (.5); consider
strategies and options for sale of domain names to satisfy receivership assets (.4);
correspond with Gary Schepps concerning reimbursement of filing fees and
consider options for same (.5).
5.70
06/21/12 J. Blakley
Formulate outline for Court-ordered report on Receiver's plan to close the
Receivership in 90 days (1.0); draft Receiver's Report of Work Performed in May
2012 (3.6); draft and file the Receiver's Receiver fee application (.4); draft and
submit proposed order granting same (.3); draft and file the Receiver's Gardere
fee application (.4); draft and submit proposed order granting same (.3); draft and
file the Receiver's Damon Nelson fee application (.4); draft and submit proposed
order granting same (.3); draft and file the Receiver's James Eckels fee
application (.4); draft and submit proposed order granting same (.3); draft and file
the Receiver's Josh Cox fee application (.4); draft and submit proposed order
granting same (.3); correspondence with J. Cox regarding UDRP claims (.1);
receive and review Cochell's reply in support of his motion to be appointed
Baron's counsel (.4).
8.70
Case 3:09-cv-00988-F Document 1035-1 Filed 07/31/12 Page 10 of 18 PageID 60222
USCA5 142
Peter S. Vogel, Receiver
Client No. 136589 Page 11
Invoice No. 1079710 July 24, 2012
Date Attorney/Description Hours
06/22/12 B. Golden
Continue analyzing strategy for preparing arguments relating to Cochell's motion
to appear as counsel for Baron in underlying litigation, for purposes of upcoming
hearing (.4); continue analyzing strategy for preparing arguments relating to
Netsphere's request to lift stay and not sever underlying case, for purposes of
upcoming hearing (.3); analyze strategy for finalizing and filing motion to sell
additional domain names and preparing arguments for presenting relating issues
to Court at upcoming hearing (.3); analyze strategy for preparing response to
Court's request for information on whether Receivership may be closed within 90
days and preparing arguments for presenting relating issues to Court at upcoming
hearing (.5).
1.50
06/22/12 P. Loh
Construct timelines for use at June 27 hearing on appearance of Stephen Cochell
in Stanford litigation in Houston, Schepps' activity as trial counsel, and related
issues (1.7); draft motion to liquidate domain name portfolio to satisfy
Receivership liabilities (1.8); review and analyze reply in support of motion to
appear filed by Stephen Cochell (.6); correspond with counsel for entities with
potential UDRP actions against the Receiver (.5); correspond with the Receiver
concerning Damon Nelson recommendations to deactivate domain names in order
to prevent UDRP actions against the same (.4); review and analyze strategy for
liquidation of domain names in order to satisfy liabilities (.3); draft fee
applications for Gardere and Receivership Professionals (.3); conduct strategy
concerning execution of engagement agreement with portfolio appraisal service
for the purpose of liquidating domain names to satisfy Receivership liabilities
(.4).
6.00
06/24/12 B. Golden
Continue to analyze strategy for finalizing and filing motion to sell additional
domain names and preparing arguments for presenting relating issues to Court at
upcoming hearing (.2); continue to analyze strategy for preparing response to
Court's request for information on whether Receivership may be closed within 90
days and preparing arguments for presenting relating issues to Court at upcoming
hearing (.1); continue analyzing strategy for preparing arguments relating to
Cochell's motion to appear as counsel for Baron in underlying litigation, for
purposes of upcoming hearing (.1); continue analyzing strategy for preparing
arguments relating to Netsphere's request to lift stay and not sever underlying
case, for purposes of upcoming hearing (.1).
0.50
06/25/12 M. Newman
Continued negotiations with opposing counsel related to engagement letter and
warranty issues (.7).
0.70
06/25/12 B. Golden
Draft and revise motion to sell domain names in bulk (1.4); analyze strategy
relating to same (.2); draft and revise motion for order relating to insurance
coverage (1.7); analyze strategy relating to same (.4); prepare detailed outline of
response to Court's request for report stating what must be accomplished in order
to meet the Court's 90-day goal (1.2); analyze strategy relating to same (.3);
analyze strategy for preparing timelines/chronologies to be used at upcoming June
27 hearing (.2); receive and review Trustee's opposition to Cochell's appearance
as counsel for Baron in underlying litigation (.2).
5.60
Case 3:09-cv-00988-F Document 1035-1 Filed 07/31/12 Page 11 of 18 PageID 60223
USCA5 143
Peter S. Vogel, Receiver
Client No. 136589 Page 12
Invoice No. 1079710 July 24, 2012
Date Attorney/Description Hours
06/25/12 P. Loh
Draft Sixth Sealed Motion to Sell Domain Names (2.1); draft declaration of
Damon Nelson in support of same motion (.6); correspond with counsel of record
concerning their respective positions on motion (.3); draft Motion to Reinstate
Insurance Coverage for Mr. Baron (1.1); review and analyze issues relating to
termination of Mr. Baron's insurance coverage and appropriate remedies to seek
(.6); correspond multiple times with three different representatives of
UnitedHealthCare insurance company (.6); correspond with in-house counsel for
UnitedHealthCare concerning termination of coverage and motion to reinstate
coverage (.5); correspond with outside counsel concerning same (.4).
6.20
06/25/12 J. Blakley
Draft and file sixth motion to sell domain names (3.2); draft and submit proposed
order granting same (.6); receive and review correspondence from
UnitedHealthcare regarding Baron's insurance coverage (.2); receive and review
Trustee's response to Cochell motion to be appointed as Baron's counsel (.3); calls
with UnitedHealthcare regarding Baron's insurance coverage (.4); draft and file
emergency motion to reinstate Baron's health insurance coverage, and serve same
on UnitedHealthcare (3.5); draft and submit proposed order granting same (.8).
9.10
06/26/12 B. Golden
Draft and revise portions of Receiver's report on whether the Court may close the
Receivership within 90 days (2.0); prepare index of items for hearing notebook to
be used at June 27, 2012 hearing (.3); analyze strategy for arguments relating to
insurance issues for same hearing (2); analyze strategy for arguments relating to
severance and stay of underlying case for same hearing (.5); analyze strategy for
arguments relating to wind up Receivership at same hearing (.4) review second
reply brief filed by Stephen Cochell regarding his request to appear (.3); analyze
strategy for related hearing arguments (.3).
4.00
06/26/12 P. Loh
Draft the Receiver's Report Closure of the Receivership within 90 days pursuant
to Court order (2.0); correspond with broker for prospective purchaser of domain
name portfolio (.6); correspond with entities with possible UDRP actions against
LLC domain names to apprise them of Receiver and applicable stay (.4);
correspond with the Receiver concerning deactivation of domain names to
preclude UDRP actions against LLC domain names (.5); prepare for court hearing
on June 27, 2012, by gathering materials for hearing and considering issues and
pleadings to be discussed (.7); review and analyze Stephen Cochell's Reply in
Response to Trustee's Response to Motion to Appear (.7).
4.90
06/26/12 J. Blakley
Draft and file the Receiver's report on what must occur in order to close out the
Receivership within 90 days (4.9); receive and review Cochell's reply to Trustee
regarding Cochell's request to be appointed as Baron's counsel (.3); send
correspondence to UnitedHealthcare (.3); prepare for hearing on Receivership
status, Cochell's request to be appointed, and Baron's insurance, including
preparation of several hearing binders (2.3).
7.80
Case 3:09-cv-00988-F Document 1035-1 Filed 07/31/12 Page 12 of 18 PageID 60224
USCA5 144
Peter S. Vogel, Receiver
Client No. 136589 Page 13
Invoice No. 1079710 July 24, 2012
Date Attorney/Description Hours
06/27/12 B. Golden
Prepare hearing arguments relating to motion for appearance by Steve Cochell
(.4); prepare hearing argument relating to strategy for winding up Receivership
(.7); prepare hearing arguments relating to Netsphere's claims and requests to lift
stay of underlying case (.4); participate in hearing before Court regarding all of
the above and related topics (2.4); analyze strategy for domain name sales (.4);
analyze strategy for liquidation of other assets (.4); analyze strategy for
reconciling assets and liabilities of Receivership (1.0); analyze strategy for filing
alternative wind-up plan (1.8).
7.50
06/27/12 P. Loh
Prepare for hearing on underlying claims of Netsphere, appearance of Stephen
Cochell, and Receiver's motion for order directing UHC to reinstate Mr. Baron's
health insurance (1.7); correspond with in-house counsel for United HealthCare
(.4); attend aforementioned hearing (2.6); consider impact of hearing, options for
end of Receivership, and financial implications of same (1.0).
5.70
06/27/12 J. Blakley
Correspondence with J. Cox regarding UDRP claims (.1); prepare for hearing on
multiple issues, including status of Receivership, Baron's health insurance, and
appointment of new Baron Counsel (1.8); formulate outline for and start drafting
Receiver's alternative plan to close the Receivership in 90 days (1.6); draft and
send letter with payment for Quasar's Jule rent (.3); draft and send letter to Baron
with July daily living expenses check (.3); draft and file notice of same (.3).
4.50
06/28/12 B. Golden
Draft and revise proposed order regarding motion to reinstate UHC insurance (.7);
draft and revise proposed order regarding modification of Receivership Order
relating to insurance (.7); review Pronske Patel's motion for reconsideration
relating to motion to distribute payments to Former Baron Attorneys (.2);
coordinate service of insurance filings (.1); analyze strategy for revising financial
picture (.1); review order relating to HSBC account (.2); analyze strategy and
status relating to domain-name renewals (.1); analyze strategy relating to domain
name sales (.5); analyze strategy relating to liquidation of non-domain name
assets (.3); analyze strategy for presenting potential alternative wind up plan
regarding Receivership closure (1.4).
4.30
06/28/12 P. Loh
Consider results of hearing on June 27, 2012, conducted before the Court and
implications for ending Receivership (.8); strategize to come up with ways to end
Receivership and satisfy Receivership liabilities while maximizing assets (2.6);
draft order to the Court regarding motion to direct UHC to reinstate Mr. Baron's
health insurance (.7); draft letter order to the Court regarding Mr. Baron being
allowed to get his own insurance (.8); analyze the Court's orders concerning UHC
reinstatement and Mr. Baron's right to get private health insurance (.3); analyze
the Court's orders granting Gardere, Receiver, and Receivership Professionals' fee
applications (.4).
5.60
06/28/12 J. Blakley
Receive and review advisory from the Court regarding Hong Kong account (.4);
send courtesy copies of ex parte motion and order to Baron and Schepps (.1);
receive and review Court's orders granting Receiver fee application, Gardere fee
application, Eckels fee application, Nelson fee application, and Cox fee
application (.5); receive and review Court's order regarding Receiver's motion to
reinstate Baron's health insurance (.3); receive and review Court's order
modifying Receivership Order and addressing Baron's insurance (.2).
1.50
Case 3:09-cv-00988-F Document 1035-1 Filed 07/31/12 Page 13 of 18 PageID 60225
USCA5 145
Peter S. Vogel, Receiver
Client No. 136589 Page 14
Invoice No. 1079710 July 24, 2012
Date Attorney/Description Hours
06/29/12 B. Golden
Review Court orders relating to insurance issues and analyze strategy for seeking
additional order relating to insurance issues (1.0); analyze strategy for responding
to Court order requiring Receiver to suggest further modifications of scope of
Receivership Order (.4); continue analyzing strategy for winding up Receivership
(.4); analyze strategy relating to satisfying liabilities through liquidation of assets
(.3); begin reviewing 100+ page appellate brief filed by Schepps (1.1); prepare
and revise notice to Court relating to anticipated July expenses due to obligation
of responding to same appellate brief (.8).
4.00
06/29/12 P. Loh
Arrange for payment of Receivership Professionals per fee applications (.2);
arrange for transmission of $15,000 to Jeff Baron for health insurance premiums
(.2); analyze order from Court rescinding previous order concerning termination
of health insurance coverage for Mr. Baron (.4); review and analyze memoranda
concerning deactivation of domain names subject to possible UDRP claims (.4);
draft notice of Receiver's anticipated increase in expenses for July 2011 (1.7);
review and analyze appellant brief filed by Mr. Baron with particular attention to
allegations of bribery and corruption on the part of Judge Furgeson and Peter
Vogel (.8); review and analyze notice of personal relationships regarding Peter
Vogel and others filed by Mr. Baron accusing the Receiver and Judge Furgeson of
an improper personal relationship evidenced by Judge Furgeson's contribution to
Vogel Alcove (.9); correspond with third party broker concerning sale of domain
names to liquidate portfolio (.5).
5.10
06/29/12 J. Blakley
Receive and review Pronske's motion for reconsideration (.2); receive and review
Baron's record supplement regarding out of court relationships of Vogel (.2);
phone calls and correspondence with D. Nelson regarding initiating wire transfers
from LLC accounts to pay Receiver, Gardere, Nelson, Cox, and Eckels fee
applications (.2); correspondence with BBVA Compass regarding wire transfers
(.2); per Court order, draft and send letter to Baron with check for insurance (.3);
draft and file notice of same (.4); receive and review Schepps' principal brief and
record excerpts filed in Fifth Circuit appeal no. 12-10489 (.6): receive and review
docketing statement issued in Baron's ninth Fifth Circuit appeal, no. 12-10657
(.1); receive and review Court order directing the Receiver to file suggestions on
winding up the Receivership (.2); receive and review Court's order denying
Receiver's emergency motion for order directing UnitedHealthcare to reinstate
Jeff Baron's insurance coverage (.2); receive and review Schepp's principal brief
in Fifth Circuit appeal no. 12-10657 (.3).
2.90
Case 3:09-cv-00988-F Document 1035-1 Filed 07/31/12 Page 14 of 18 PageID 60226
USCA5 146
Peter S. Vogel, Receiver
Client No. 136589 Page 15
Invoice No. 1079710 July 24, 2012
Date Attorney/Description Hours
06/30/12 B. Golden
Analyze strategy for seeking additional order from Court regarding UHC
insurance issues (.4); analyze strategy for supplementing sixth motion to sell
domain names (.3); prepare response to Court's order for suggestions to modify
Receivership Order (.3); analyze strategy for replying to forthcoming responses
from other parties regarding same suggestions (.1); analyze strategy for preparing
and filing response to 100+ page appellate brief (.2); analyze strategy for
preparing response to forthcoming Cochell notice relating to lifting stay of
underlying case and/or expanding scope of representation (.1); analyze strategy
for preparing and filing notice concerning attempts to secure HSBC funds (.1);
analyze strategy for preparing June Receivership Report (.1); analyze strategy for
finalizing and filing UDRP chart for May Receivership Report and separate
UDRP chart for June Receivership Report (.1); analyze strategy and status for
domain name sales (.1); analyze strategy and status for securing portfolio
appraisals (.1); analyze strategy of when to prepare further financial pictures (.1);
analyze strategy for negotiating with Trustee regarding closing out bankruptcy
and interplay with Receivership (.1); prepare and circulate updated Receivership
Projects chart (.5).
2.60
07/02/12 B. Golden
Analyze strategy for resolving Ondova bankruptcy and Receivership
contemporaneously, including satisfying liabilities with assets (1.5); communicate
with counsel for Trustee regarding same (.4); analyze strategy for resolving
claims from Netsphere from potential settlement (1.3); communicate with counsel
for Netsphere regarding same (.3); review Cochell notice regarding Baron
engagement (.2); analyze strategy for determining potential Receiver reply (.2);
review correspondence regarding Pokerstar payment (.1); analyze potential
amounts of future payments from Pokerstar and determine impact on assets versus
liabilities (.2); receive and review Trustee's response to motion to request correct
of record (.3).
4.50
07/02/12 P. Loh
Correspond with counsel for the Trustee concerning various options for settling
remaining bankruptcy matters and creditors' claims (1.2); correspond with John
MacPete concerning settlement of underlying Netsphere claims within context of
receivership (.8); correspond with Netsphere concerning payment of settlement
amounts (.3); review and analyze Trustee's response to Baron's motion for leave
to file and motion to strike (.4); review and analyze order vacating previous order
requiring Receiver to submit plan for windup of receivership within 90 days (.3);
consider various possibilities for windup and termination of receivership (.7).
3.70
07/02/12 J. Blakley
Phone call with R. Urbanik regarding response to Schepps' motion to request
correction of the record (.2); receive and review Baron's advisory regarding
Court's inquiry regarding appointment of Cochell (.3).
0.50
07/03/12 B. Golden
Work relating to transition of file to new counsel (8.0).
8.00
07/03/12 P. Loh
Consider various options for termination and windup of Receivership (4.5);
consider logistical requirements for termination of Receivership and transition of
Receivership entities back to Baron or Southpac control (2.0).
6.50
Case 3:09-cv-00988-F Document 1035-1 Filed 07/31/12 Page 15 of 18 PageID 60227
USCA5 147
Peter S. Vogel, Receiver
Client No. 136589 Page 16
Invoice No. 1079710 July 24, 2012
Date Attorney/Description Hours
07/03/12 J. Blakley
Draft eleventh motion to deactivate domain names (.6); prepare appendix in
support thereof (.7); draft proposed order granting eleventh motion to deactivate
domain names (.2); phone calls and correspondence with D. Nelson regarding
domain name deactivations (.3); draft and send conference email regarding
eleventh motion to deactivate domain names (.2); draft nineteenth motion to
renew certain money-losing domain names (.6); prepare appendix in support
thereof (.7); draft proposed order granting nineteenth motion to renew certain
money-losing domain names (.2); correspondence with D. Nelson, J. Cox, and J.
Eckels regarding nineteenth motion to renew certain money-losing domain names
(.3); draft and send conference email regarding nineteenth motion to renew certain
money-losing domain names (.2); draft Martin Thomas fee application (.4); draft
proposed order granting Martin Thomas fee application (.2); correspondence with
Grant Thornton regarding Receivership invoices (.2); draft Grant Thornton fee
application (.5); draft proposed order granting Grant Thornton fee application
(.3); call to Comerica Bank to confirm receipt of wire transfer from Netsphere
(.1); correspondence with R. Puri regarding same (.1).
5.80
07/04/12 P. Loh
Review and analyze various options for transition of legal representation of
Receiver to new counsel (.9).
0.90
07/05/12 B. Golden
Work relating to transition of file to new counsel (1.0).
1.00
07/05/12 P. Loh
Review and analyze issues relating to transition of counsel for Receiver (1.7);
review and analyze judge's rulings on insurance premiums for Mr. Baron (.5).
2.20
07/05/12 J. Blakley
Strategize with P. Loh regarding transfer of Receiver counsel responsibilities
(1.0).
1.10
Total for
Hours &
Services
$93,588.00 234.00
Disbursements
Postage 15.95
Texas Secretary of State 1.00
Automated Legal Research 1,112.40
Delivery Charges 28.50
Photocopy Charges 28.40
Travel Costs 10.00
_________
Total Disbursements $ 1,196.25
Matter Invoice Summary:
Total Fees $93,588.00
Total Disbursements $1,196.25
Case 3:09-cv-00988-F Document 1035-1 Filed 07/31/12 Page 16 of 18 PageID 60228
USCA5 148
Peter S. Vogel, Receiver
Client No. 136589 Page 17
Invoice No. 1079710 July 24, 2012
Total this Matter $94,784.25
Case 3:09-cv-00988-F Document 1035-1 Filed 07/31/12 Page 17 of 18 PageID 60229
USCA5 149
Peter S. Vogel, Receiver
Client No. 136589 Page 18
Invoice No. 1079710 July 24, 2012
Summary of Fees by Timekeeper for this Invoice
Timekeeper Rank Hours Billed Per
Hour
Total
Blakley, John David Associate 81.20 290.00 $23,548.00
Golden, Barry M. Partner 64.70 485.00 $31,379.50
Loh, Peter Partner 81.60 430.00 $35,088.00
Newman, Michael H. Partner 3.70 485.00 $1,794.50
Niesman, Kenneth M. Partner 2.80 635.00 $1,778.00
Total All Timekeepers for This Invoice 234.00 $93,588.00
Case 3:09-cv-00988-F Document 1035-1 Filed 07/31/12 Page 18 of 18 PageID 60230
USCA5 150
