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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
NOVO POINT, LLC AND QUANTEC,
LLC,
PLAINTIFF,
VS.
ELISA KATZ, ET AL,
DEFENDANT.
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CIVIL ACTION NO. 3:14-cv-01552-L
NOTICE OF LETTER TO COURT
COMES NOW JEFFREY BARON, a party in interest, and files the
attached Letter to the Court dated January 29, 2015.
Respectfully submitted this 30
th
day of January 2015.
/s/ Leonard H. Simon
Leonard H. Simon, Esq.
TBN: 18387400; SDOT: 8200
The Riviana Building
2777 Allen Parkway, Suite 800
Houston, Texas 77019
(713) 737-8207 (Direct)
(832) 202-2810 (Direct Fax)
lsimon@pendergraftsimon.com
ATTORNEYS IN CHARGE FOR
JEFFREY BARON
OF COUNSEL:
PENDERGRAFT & SIMON
The Riviana Building
2777 Allen Parkway, Suite 800
Houston, Texas 77019
(713) 528-8555 (Main)
(713) 868-1267 (Main Fax)
Case 3:14-cv-01552-L Document 64 Filed 01/30/15 Page 1 of 4 PageID 2421
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CERTIFICATE OF SERVICE
This is to certify that on the 30
th
day of January 2015, a true and correct copy of the
above and foregoing was served through the Court’s ECF filing system on all parties
registered to receive ECF notices.
Leonard H. Simon
Leonard H. Simon
Case 3:14-cv-01552-L Document 64 Filed 01/30/15 Page 2 of 4 PageID 2422
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PENDERGRAFT
SIMON
LLP
ATTORNEYS
AT
LAW
2777 Allen Parkway, Suite
800
I Houston, Texas 77019 I www.pendergrafisimon.com
EMAIL: ISimon@pendergrafisimon.com
PHONE:
713-528-8555
CELL:
713-253-2810
FAX:
832-202-2810
Leonard
H.
Simon
Board Certified
in
Business Bankruptcy Law
Texas Board
of
Legal Specialization
Honorable
Sam.
A.
Lindsay
United States District Judge
1100 Commerce Street, Room 1544
Dallas, Texas
75242-1003
JANUARY
29,2015
RE:
Novo Point, LLC,
Et
AI,
v.
Elisa Katz,
Et
AI,
Civil Action No. 3:14-cv-1552-P; In the
United States United States District Court for the Northern District
of
Texas - Dallas
Division
Dear Judge Lindsay:
By way
of
introduction, Jeffrey Baron has been through a four-year receivership
proceeding that ultimately ended up before this Honorable Court upon the retirement
of
Judge
Royal Ferguson at the end
of
May 2013. Civil Action 3:09-CV-0988-F ("Receivership Case").
After paying more than $4,000,000 in fees and expenses to the Receiver and his attorneys, the
Fifth Circuit reversed the Receivership and vacated nearly every order entered
by
Judge
Ferguson.
Netspherre v Baron, 703. F.3d 296 (5th Cir 2012), cert denied, 135 S.Ct. 437.
This Honorable Court also considered an appeal from a Bankruptcy Court
Order for
Relief, and reversed the decision
of
the Bankruptcy Court. Baron
v.
Schurig, 2014 WL 25519
(N.D. Tex.
2014) (the "Order for Relief Appeal"). This Court's decision was appealed to the
Fifth Circuit, and the court recently affirmed in part, reversed in part, and remanded. However,
after the parties filed Motions for Rehearing, the parties settled (Baron and the
Petitioning
Creditors), and the appeal was dismissed with a mandate that did not call for a remand. The case
is over, and this Honorable Court's decision is now final.
After this Court decided the
Order for Relief Appeal
on
January
2,2014,
this Honorable
Court entered a series
of
orders in February and March 2014, returning the receivership assets to
the receivership parties. This Court ordered the placement
of
the assets
of
Novo Point, LLC and
Quantec, LLC
in
the custody
of
Lisa Katz, which was vigorously contested by Mr. Baron, but
this Court determined that it did not have jurisdiction to entertain a contested matter concerning
the proper ownership
of
such assets. Since then, Ms. Katz has refused to account to the Trustee
for the Village Trust, also a Receivership
Party, who
everyone
acknowledges is the owner
of
Case 3:14-cv-01552-L Document 64 Filed 01/30/15 Page 3 of 4 PageID 2423
1
1
Honorable
Sam
A. Lindsay
January 29, 2015
Page
2
of2
Novo
Point, LLC and Quantec, LLC.
Accordingly,
Novo
Point, LLC and Quantec, LLC filed a state court case
in
Collin
County, Texas, in an effort to accomplish what this Court determined it did not have jurisdiction
over, that is, the determination
of
the right to ownership and control over Novo Point, LLC and
Quantec, LLC and these entities' assets.
The
referenced case was removed by Christopher A.
Payne to the United States District Court for the Eastern District
of
Texas, and was subsequently
transferred back to this Honorable Court.
We
wish to emphasize that the plaintiffs
in
the
referenced case never intended to burden this Court
with
this case.
The case has
now
been
pending since early
May
2014, and
no
hearing has
been
set
on
the
temporary injunctive
relief
requested
by
Plaintiffs.
We
are very cognizant
of
the heavy case load
the district courts must deal with.
On
the other hand, Mr.
Baron's
remaining assets and wealth
are being dissipated
by
the Defendants.
In
fact,
we
believe that Mr. Payne and Ms. Katz have
unlawfully transferred away millions
of
dollars
of
Quantec and
NovoPoint's
assets.
Accordingly, we would request that this Court either set the preliminary injunction for hearing,
or
remand the case
back
to
state court,
which
we
believe this Honorable Court could accomplish
sua sponte, as it is very clear that this Court does not have jurisdiction over this controversy, any
more than
it
did when it
was
raised
in
the Netsphere case.
We
remind the Court that at some point, justice delayed is justice denied. Cuevas
v.
Collins, 922 F.2d 242
(5
th
Cir 1991).
We
thank Your Honor for
the
Court's
kind consideration
of
the
above.
Respectfully yours,
cc: Filed
of
Record
Served
Via
the
Court's
ECF System
Case 3:14-cv-01552-L Document 64 Filed 01/30/15 Page 4 of 4 PageID 2424
