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. §
RECEIVER’S OBJECTION TO TRUSTEE’S FEE APPLICATION
Based on this Court’s Scheduling Order of April 5, 2013 [Docket No. 1220] Peter S.
Vogel, Receiver over Jeffrey Baron and the Receivership Parties (the “Receiver”), files this
Objection to the Fee Application filed by the Chapter 11 Trustee Daniel J. Sherman (the
“Trustee”) on April 17, 2013 [Docket No. 1229] since the Trustee has never been hired by the
Receiver as a Receivership Professional.
I. RECEIVERSHIP PROFESSIONALS
Based on the recommendation of the Honorable Stacey Jernigan, judge in the Ondova
Bankruptcy (In re Ondova Ltd. Co., No. 09-34784), on November 24, 2010 the Trustee in the
Ondova Bankruptcy, filed an Emergency Motion of Trustee for Appointment of a Receiver Over
Jeffrey Baron. On November 24, 2010 this Court issued the Order Appointing Receiver (the
“Receivership Order”) [Docket No. 124] which included authority for the Receiver to “…choose,
engage, and employ attorneys, accountants, appraisers, and other Independent contractors and
technical specialists (collectively, “Professionals”) … Receiver deems advisable or necessary…”
Receivership Order, p. 8. As a result of the Receivership Order, from November 24, 2010 until
Case 3:09-cv-00988-F Document 1248 Filed 04/25/13 Page 1 of 3 PageID 63564
RECEIVER’S OBJECTION TO TRUSTEE’S FEE APPLICATION Page 2
today the Receiver has dedicated time almost daily to the Receivership estate, which work has
been extremely complex and involves a unique set of circumstances created by Mr. Baron’s
vexatious behavior in this Court, and many other Courts. As the Court is well-aware, the
Receiver has hired many Professionals in the ensuing litigation and for the management of the
Receivership estate as listed in chronological order below, HOWEVER THE TRUSTEE IS
NOT INCLUDED IN THIS LIST:
Professionals
Purpose
Beginning Date
Ending Date
Gardere Wynne Sewell LLP
Counsel for the Receiver
November 2010
July 2012
13 law firms outside of Texas
Served as local counsel
for the filing of 28 USC
§754 miscellaneous
actions to reach
Receivership assets
December 2010
Present
Thomas Jackson
Counsel for Receivership
parties Novo Point, LLC
and Quantec, LLC
December 2010
March 2011
Joshua Cox
Counsel for Receivership
party Quantec, LLC
December 2010
Present
James Eckels
Counsel for Receivership
party Novo Point, LLC
December 2010
Present
Jeffrey Harbin
Manager of Receivership
parties Novo Point, LLC
and Quantec, LLC
December 2010
February 2011
Gary Lyon
Counsel for the Receiver
December 2010
Present
Grant Thornton LLP
CPAs for Receivership
December 2010
Present
Martin Thomas
Counsel for Jeffery
Baron in the Ondova
Bankruptcy
December 2010
September 2012
Damon Nelson
Manager of Receivership
parties Novo Point, LLC
and Quantec, LLC
February 2011
Present
Dykema Gossett PLLC
Counsel for the Receiver
July 2012
Present
Matt Morris
Expert Witness for
Confirmation Hearing in
Ondova Bankruptcy
October 2012
Present
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RECEIVER’S OBJECTION TO TRUSTEE’S FEE APPLICATION Page 3
The Receiver has contracts with the Receivership Professionals to pay their fees and expenses
subject to the approval of the Court, HOWEVER THE RECEIVER HAS NEVER HAD A
CONTRACT WITH THE TRUSTEE, AND ACCORDINGLY THE TRUSTEE IS NOT A
RECEIVERSHIP PROFESSIONAL.
II. FEES AND EXPENSES OF THE RECEIVERSHIP
On April 17, 2013 the Receiver filed a Fee Application for the Receivership Professionals
and the Receiver which did not include the Trustee since the Trustee has never been hired as a
Receivership Professional, and accordingly the Receiver objects to the Trustee’s Fee Application
in its entirety.
Respectfully submitted,
By: /s/ Peter S. Vogel
Peter S. Vogel
State Bar No. 20601500
1601 Elm Street, Suite 3000
Dallas, Texas 75201
(214) 999-3000
(214) 999-3422 Facsimile
RECEIVER, PETER S. VOGEL
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served via the
Court’s ECF system on all counsel of record on April 25, 2013.
By: /s/ Peter S. Vogel
Peter S. Vogel
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