DECLARATION OF GARY SCHEPPS - Page 3
Interlocutory Appeals of
Orders in Receivership on Appeal
From the United States District Court
Northern District of Texas, Dallas Division
Civil Action No. 3-09CV0988-F
Hon. Judge William R. Furgeson Presiding
“1. My name is Gary Schepps. I am the appellate counsel for Jeff
Baron, Novo Point, LLC., and Quantec, LLC. I am competent to make this
declaration. The facts stated in this declaration are within my personal
knowledge and are true and correct. I have knowledge of the stated facts,
which I learned in my role as appellate counsel in the above entitled appeals.
“2. The following is a true and accurate screen clip from Adobe
Acrobat 9 showing the creation date of Document 123 filed in Case 3:09-cv-
00988-F on 11/24/10, the “EMERGENCY MOTION OF TRUSTEE FOR
APPOINTMENT OF A RECEIVER OVER JEFFREY BARON”. The file
shows that it was created at 2:07 PM on 11/24/2010:
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DECLARATION OF GARY SCHEPPS - Page 4
“3. The following is an e-mail record of ICANN, the international
internet registry, showing that Raymond Urbanik, counsel for Sherman,
informed ICANN that the District Court appointed Vogel as receiver at 1:15
pm on 11/24/2010.
From: Urbanik, Raymond
Sent: Wednesday, November 24, 2010 3:54 PM
To: 'Samantha Eisner' <Samantha.Eisner@icann.org>
Cc: Erin Brady; Amy Stathos; 'schnabel.eric@dorsey.com';
mallard.robert@dorsey.com
Subject: RE: Approval of Termination of Accreditation and Bulk Transfer
Sam, Erin, Amy, Eric, Robert
A receiver was appointed over Mr Baron today at 1:15 pm Central time by
Senior United States Federal District Court Judge Royal Ferguson.
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DECLARATION OF GARY SCHEPPS - Page 5
The order also immediately suspends, enjoins and stays the transfer of
the names by ICANN through the de - accredited registrar process.
The newly appointed Receiver, Peter Vogel, will be sending you a copy of
the order shortly.
Please call if you would like to discuss this matter. Thank you.
-ray
Raymond J. Urbanik
MUNSCH HARDT KOPF & HARR, P.C.
500 North Akard Street, Suite 3800
Dallas, Texas 75201-6659
Direct: (214) 855-7590
Fax: (214) 978-4374
rurbanik@munsch.com <mailto:rurbanik@munsch.com>
munsch.com <http://www.munsch.com/>
NOTICE: This e-mail message is for the sole use of the intended
recipient(s) and may contain confidential and privileged information.
Any unauthorized review, use, disclosure or distribution is prohibited.
If you are not the intended recipient, please contact the sender by
reply e-mail. Please virus check all attachments to prevent widespread
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contained in this message or in any attachment shall constitute a
contract or electronic signature under the Electronic Signatures in
Global and National Commerce Act, any version of the Uniform Electronic
Transactions Act or any other statute governing electronic transactions.
IRS Circular 230 Notice: To ensure compliance with requirements imposed
by the IRS, we inform you that any U.S. tax advice contained in this
communication (including any attachments) is not intended or written to
be used, and cannot be used, for the purpose of (a) avoiding penalties
under the Internal Revenue Code or (b) promoting, marketing or
recommending to another party any transaction or matter addressed
herein.
________________________________
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DECLARATION OF GARY SCHEPPS - Page 6
From: Samantha Eisner [mailto:Samantha.Eisner@icann.org]
Sent: Tuesday, November 23, 2010 8:10 PM
To: Urbanik, Raymond
Cc: Erin Brady; Amy Stathos
Subject: FW: Approval of Termination of Accreditation and Bulk Transfer
Hi Ray -
I'm forwarding a message sent from our Registrar Liaison Group to the
Primary Contact for Compana.
I believe that the notice to the Registries will be forwarded by
tomorrow.
Best regards,
Sam
------ Forwarded Message
From: Brian Peck <brian.peck@icann.org>
Date: Tue, 23 Nov 2010 17:43:06 -0800
To: "ondovalimited@gmail.com" <ondovalimited@gmail.com>
Cc: Samantha Eisner <Samantha.Eisner@icann.org>, Tim Cole
<Tim.Cole@icann.org>, Mike Zupke <Mike.Zupke@icann.org>
Subject: Approval of Termination of Accreditation and Bulk Transfer
Dear Mr. Nelson,
We confirm receipt of your written notice of termination of your
registrar's RAA. We have completed our internal review and in
accordance with ICANN's Inter-Registrar Transfer Policy, we approve your
request to designate Fabulous.com Pty Ltd. as the gaining registrar to
receive the bulk transfer of all names currently under management of
your registrar. We will contact the relevant registries shortly and you
can coordinate the timing of the bulk transfers with the registries
directly after they contact you.
The termination will be effective on 30 November 2010. As requested,
ICANN waives the remainder of the 30-day notice period set forth in the
RAA.
Please note that your registrar remains responsible for all outstanding
fees due to ICANN which are incurred up until the effective date of
termination, which is 30 November, 2010. Please let us know if you have
any questions.
Sincerely,
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DECLARATION OF GARY SCHEPPS - Page 7
Brian Peck
Registrar Liaison Manager
ICANN
------ End of Forwarded Message
I declare under penalty of perjury that the foregoing declaration is true and
correct.
Signed this 19th day of November, 2011, in Dallas, Texas.
/s/ Gary N. Schepps
Gary N. Schepps
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