Appellants Joint Response to Vogel Motion for Reimbursement Doc 261

RESPONSE TO [DOC#221]  - Page 1 
IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF TEXAS 
DALLAS DIVISION 
 
NETSPHERE, INC.,      §  Civil Action No. 3-09CV0988-F 
MANILA INDUSTRIES, INC., and  § 
MUNISH KRISHAN,       § 
 Plaintiffs.      § 
 § 
 v.   §  
 § 
JEFFREY BARON, and      §   
ONDOVA LIMITED COMPANY,    § 
 Defendants.     § 
 
APPELLANTS’ JOINT RESPONSE TO RECEIVER'S MOTION FOR 
REIMBURSEMENT OF ADDITIONAL PERSONAL FUNDS [DOC#221]  
 
TO THE HONORABLE ROYAL FURGESON, U.S. DISTRICT JUDGE:
 
   COMES NOW, Appellant, defendant Jeffrey Baron and Appellants NovoPoint, 
LLC and Quantec, LLC and make this joint response to Receiver's Motion for 
Receiver's Motion for Reimbursement of Additional Personal Funds [Doc#221]. 
1. Appellants adopt and incorporate by reference the argument and 
authority raised in Appellants’ Limited Objection To The Receiver's First 
Application For Reimbursement Of Fees Incurred By Receivership Professional 
Joshua Cox [Doc#190] and in Appellants’ Joint Objection And Response To (1) 
The Receiver's First Application For Reimbursement Of Fees And Expenses 
Incurred By The Receiver [Doc#192] and (2) The Receiver's First Application For 
Reimbursement Of Fees And Expenses Incurred By Gardere Wynne Sewell LLP 
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RESPONSE TO [DOC#221]  - Page 2 
[Doc#193] and Appellants’ Joint Response and Motion to Strike the Receiver's 
Motion For Order Confirming Propriety of Fund Management [Doc#245]. 
2. In Document #250 the receiver erroneously represents that 28 U.S.C. 
2041 applies only to “Moneys Paid into Court.”   The receiver redacted
 the 
relevant portion of the law.  The un-redacted text is quite opposite that relied upon 
and ‘quoted’ by the receiver.  The un-redacted text: “All moneys paid into any 
court of the United States, or received by the officers thereof, in any case 
pending or adjudicated in such court, shall be forthwith deposited with the 
Treasurer of the United States”, 28 U.S.C. 2041 (emphasized portion was redacted 
by receiver).   Notably, a receiver is an officer of the court which appoints him.  
E.g., Great Western Mining & Mfg. Co. v. Harris, 198 U.S. 561, 574 (1905); 
United States v. Pollard, 115 F.2d 134 (5th Cir. 1940). 
 
 
             Respectfully submitted, 
 
             /s/ Gary N. Schepps   
 
             Gary N. Schepps 
             State Bar No. 00791608 
             Drawer 670804 
             Dallas, Texas 75367 
             (214) 210-5940 
             (214) 347-4031 Facsimile 
             APPELLATE COUNSEL FOR  
             JEFFREY BARON, 
             NOVOPOINT, LLC, AND 
             QUANTEC, LLC 
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RESPONSE TO [DOC#221]  - Page 3 
 
 
CERTIFICATE OF SERVICE
 
This is to certify that this was served on all parties who receive notification 
through the Court’s electronic filing system. 
/s/ Gary N. Schepps     
 
             Gary N. Schepps
 
 
 
 
 
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