Case No. 10-11202
_____________________________________________________________________
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________________________________________________________
Netsphere, Inc. et. al.,
Plaintiffs
v.
Jeffrey Baron,
Defendant / Appellant
Daniel J. Sherman
(Ondova Limited Company)
Defendant / Appellee
_____________________________________________________________________
Appeal of Order Appointing Receiver
From the United States District Court
Northern District of Texas, Dallas Division
Civil Action No. 3-09CV0988-F
_____________________________________________________________________
APPELLANT’S RECORD EXCERPT INDEX
_____________________________________________________________________
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Docket Sheet............................................................................................ 2
Ex-Parte Order Appointing Receiver................................................... 45
Notice of Appeal Filed by Jeffrey Baron.............................................. 59
Certificate of Service............................................................................. 62
Case: 10-11202 Document: 00511426994 Page: 1 Date Filed: 03/28/2011
JURY, STICKNEY, APPEAL, EXH-ADM
U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:09-cv-00988-F
Netsphere Inc et al v. Baron et al
Assigned to: Judge Royal Furgeson
Referred to:
Demand: $0
Lead Docket: None
Related Cases: None
Cases in other court: None
Cause: 28:1332 Diversity-Contract Dispute
Date Filed: 5/28/2009
Jury Demand: Both
Nature of Suit: 190 Contract: Other
Jurisdiction: Diversity
Special Master
-----------------------
Peter S Vogel
TERMINATED: 12/13/2010
represented by Peter S Vogel
Gardere Wynne Sewell
1601 Elm St
Suite 3000
Dallas, TX 75201-4761
USA
214/999-4422
Fax: 214/999-3422
Email: pvogel@gardere.com
TERMINATED: 12/13/2010
LEAD ATTORNEY
V.
Plaintiff
-----------------------
Netsphere Inc represented by John W MacPete
Locke Lord Bissell & Liddell LLP
2200 Ross
Suite 2200
Dallas, TX 75201
US
214/740-8662
Fax: 214/756-8662
Email: jmacpete@lockelord.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Douglas D Skierski
Franklin Skierski Lovall Hayward LLP
10501 N Central Expwy
Suite 106
USCA5 1
Case: 10-11202 Document: 00511426994 Page: 2 Date Filed: 03/28/2011
Dallas, TX 75231
US
214/755-7100
Fax: 214/755-7104
Email: dskierski@fslhlaw.com
ATTORNEY TO BE NOTICED
George M Tompkins
Tompkins PC
825 Market St
Building M Suite 250
Allen, TX 75013
US
972/996-4746
Email: george@tompkinsiplaw.com
Melissa S Hayward
Franklin Skierski Lovall Hayward LLP
10501 N Central Expwy
Suite 106
Dallas, TX 75231
US
972/755-7100
Fax: 972/755-7104
Email: mhayward@fslhlaw.com
ATTORNEY TO BE NOTICED
Manila Industries Inc represented by John W MacPete
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Douglas D Skierski
(See above for address)
ATTORNEY TO BE NOTICED
George M Tompkins
(See above for address)
Melissa S Hayward
(See above for address)
ATTORNEY TO BE NOTICED
Munish Krishan represented by John W MacPete
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
George M Tompkins
(See above for address)
V.
Defendant
USCA5 2
Case: 10-11202 Document: 00511426994 Page: 3 Date Filed: 03/28/2011
-----------------------
Jeffrey Baron represented by Gary N Schepps
Schepps Law Offices
Drawer 670804
Dallas, TX 75367
USA
214/210-5940
Fax: 214/347-4031
Email: legal@schepps.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Anthony L Vitullo
Fee Smith Sharp & Vitullo
Three Galleria Tower
13155 Noel Rd Suite 1000
Dallas, TX 75240
USA
972/934-9100
Fax: 972/934-9200 FAX
Email: lvitullo@feesmith.com
TERMINATED: 6/23/2009
Caleb Rawls
The Law Offices of Caleb Rawls
3390 Northaven Rd
Dallas, TX 75229
US
972/804-9068
Fax: 214/723-5932
Email: calebrawls@gmail.com
TERMINATED: 6/23/2009
Carter Boisvert
Friedman & Feiger LLP
5301 Spring Valley Rd
Suite 200
Dallas, TX 75254
US
972/788-1400
Fax: 972/788-2667
Email: cboisvert@fflawoffice.com
TERMINATED: 1/29/2010
ATTORNEY TO BE NOTICED
Ernest W Leonard
Friedman & Feiger LLP
5301 Spring Valley Rd
Suite 200
Dallas, TX 75254
US
972/788-1400
Fax: 972/788-2667
USCA5 3
Case: 10-11202 Document: 00511426994 Page: 4 Date Filed: 03/28/2011
Email: eleonard@fflawoffice.com
TERMINATED: 1/29/2010
Gary Gene Lyon
Law Office of Gary G Lyon
PO Box 1227
Anna, TX 75409
US
972/977-7221
Fax: 214/831-0411
Email: glyon.attorney@gmail.com
TERMINATED: 1/7/2011
ATTORNEY TO BE NOTICED
James S Bell
Friedman & Feiger LLP
5301 Spring Valley Road
Suite 200
Dallas, TX 75254
US
972/788-1400
Fax: 972/788-2667
Email: jbell@fflawoffice.com
TERMINATED: 6/23/2009
James R Krause
Friedman & Feiger
5301 Spring Valley Rd
Suite 200
Dallas, TX 75254
USA
972/788-1400
Fax: 972/788-2667 FAX
Email: jkrause@fflawoffice.com
TERMINATED: 1/29/2010
Jeffrey T Hall
Law Office of Jeffrey T Hall
7242 Main St
Frisco, TX 75034
US
972/335-8346
Fax: 972/335-9191
Email: jthallesq@gmail.com
TERMINATED: 8/26/2010
Lawrence J Friedman
Friedman & Feiger LLP
5301 Spring Valley Rd
Suite 200
Dallas, TX 75254
US
972/788-1400
Fax: 972/788-2667
USCA5 4
Case: 10-11202 Document: 00511426994 Page: 5 Date Filed: 03/28/2011
Email: lfriedman@fflawoffice.com
TERMINATED: 1/29/2010
Martin K Thomas
Thomas & Sobol
PO Box 36528
4826 Kelton Dr
Dallas, TX 75235
US
214/951-9466
Fax: 214/951-9007
Email: thomas12@swbell.net
ATTORNEY TO BE NOTICED
Peter Michael Barrett
Law Office of Peter Barrett
3500 Oak Lawn Ave
Suite 700
Dallas, TX 75219
USA
214/526-0555
Fax: 214/521-0012
Email: peter@barrettcrimelaw.com
ATTORNEY TO BE NOTICED
Ryan K Lurich
Friedman & Feiger
5301 Spring Valley Rd
Suite 200
Dallas, TX 75254
USA
972/788-1400
Fax: 972/788-2667 FAX
Email: rlurich@fflawoffice.com
TERMINATED: 1/29/2010
Stephen L Jones
Jones Otjen & Davis
114 E Broadway
Suite 1100
Enid, OK 73701
US
580/242-5500
Fax: 580/242-4556
Email: sjones@stephenjoneslaw.com
ATTORNEY TO BE NOTICED
Ondova Limited Company represented by Ryan K Lurich
(See above for address)
TERMINATED: 1/29/2010
LEAD ATTORNEY
Anthony L Vitullo
(See above for address)
USCA5 5
Case: 10-11202 Document: 00511426994 Page: 6 Date Filed: 03/28/2011
TERMINATED: 6/23/2009
Caleb Rawls
(See above for address)
TERMINATED: 6/23/2009
Carter Boisvert
(See above for address)
TERMINATED: 1/29/2010
ATTORNEY TO BE NOTICED
E P Keiffer
Wight Ginsberg Brusilow P.C.
Republic Center, Suite 4150
325 North St. Paul Street
Dallas, TX 75201
USA
(214) 651-6517
Fax: (214) 744-2615
Email: pkeiffer@wgblawfirm.com
ATTORNEY TO BE NOTICED
Ernest W Leonard
(See above for address)
TERMINATED: 1/29/2010
James S Bell
(See above for address)
TERMINATED: 6/23/2009
James R Krause
(See above for address)
TERMINATED: 1/29/2010
Kim M Carpenter
Wright Ginsberg Brusilow P.C.
Republic Center, Suite 4150
325 North St. Paul Street
Dallas, TX 75201
USA
(214) 651-6520
Fax: (214) 744-2615
Email: kmoses@hswgb.com
ATTORNEY TO BE NOTICED
Lawrence J Friedman
(See above for address)
TERMINATED: 1/29/2010
V.
Movant
-----------------------
USCA5 6
Case: 10-11202 Document: 00511426994 Page: 7 Date Filed: 03/28/2011
Quantec LLC represented by Craig A Capua
West & Associates LLP
320 S RL Thornton Frwy
Suite 300
Dallas, TX 75203
US
214/941-1881
Fax: 469/364-7139
Email: craig.c@westllp.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Gary N Schepps
(See above for address)
ATTORNEY TO BE NOTICED
Joshua Edward Cox
PO Box 2072
Keller, TX 76244
US
682/583-5918
Email: j.cox.email@gmail.com
ATTORNEY TO BE NOTICED
Thomas P Jackson
Law Office of Thomas P Jackson
4835 LBJ Freeway
Suite 450
Dallas, TX 75244
US
972/387-0007
Fax: 972/387-8707
Email: tpj@dfwlawyer.com
ATTORNEY TO BE NOTICED
Iguana Consulting LLC represented by Craig A Capua
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Novo Point LLC represented by Craig A Capua
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Gary N Schepps
(See above for address)
ATTORNEY TO BE NOTICED
Joshua Edward Cox
(See above for address)
ATTORNEY TO BE NOTICED
Thomas P Jackson
(See above for address)
USCA5 7
Case: 10-11202 Document: 00511426994 Page: 8 Date Filed: 03/28/2011
ATTORNEY TO BE NOTICED
Friedman & Feiger, LLP represented by Lawrence J Friedman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ryan K Lurich
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Bankruptcy Judge
-----------------------
Stacey G Jernigan represented by Stacey G Jernigan
US Bankruptcy Court
Chambers of Judge Stacey G C Jernigan
1100 Commerce St
Room 1254
Dallas, TX 75242-1496
US
214/753-2040
PRO SE
V.
Interested Party
-----------------------
Simple Solutions LLC represented by Franklin Howard Perry
Payne & Blanchard
700 N Pearl St
Suite 500 LB 393
Dallas, TX 75201-7471
USA
214/953-1313
Fax: 214/220-0439
Email: fperry@pandblaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Fee, Smith, Sharp & Vitullo, LLP represented by Darrell W Cook
Darrell W Cook & Associates
One Meadows Building
5005 Greenville Ave Suite 200
Dallas, TX 75206
USA
214/368-4686
Fax: 214/363-9979 FAX
Email: dwcook@attorneycook.com
USCA5 8
Case: 10-11202 Document: 00511426994 Page: 9 Date Filed: 03/28/2011
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Stephen W Davis
Darrell W Cook & Associates PC
5005 Greenville Ave
Suite 200
Dallas, TX 75206
US
214/368-4686
Fax: 214/363-9979
Email: stephen@attorneycook.com
ATTORNEY TO BE NOTICED
Sidney Bennett Chesnin represented by Sidney Bennett Chesnin
Law Offfice of Sidney B Chesnin
4841 Tremont
Suite 9
Dallas, TX 75246
US
PRO SE
V.
Notice Only
-----------------------
Case Admin Sup represented by Case Admin Sup
PRO SE
V.
Receiver
-----------------------
Receiver, Receiver for Defendant
Jeffrey Baron
represented by Peter S Vogel
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Barry M Golden
Gardere Wynne Sewell
1601 Elm St
Suite 3000
Dallas, TX 75201-4761
USA
214/999-4746
Fax: 214/999-4667 FAX
Email: bgolden@gardere.com
ATTORNEY TO BE NOTICED
USCA5 9
Case: 10-11202 Document: 00511426994 Page: 10 Date Filed: 03/28/2011
Peter Lawrence Loh
Gardere Wynne Sewell
1601 Elm St
Suite 3000
Dallas, TX 75201-4761
USA
214/999-4391
Fax: 214/999-3391
Email: ploh@gardere.com
ATTORNEY TO BE NOTICED
V.
Objector
-----------------------
Gary Schepps represented by Gary N Schepps
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Trustee
-----------------------
Daniel J. Sherman represented by Curt M Covington
Munsch Hardt Kopf & Harr PC
500 N Akard St
3800 Lincoln Plaza
Dallas, TX 75201-6659
US
214/855-7547
Fax: 214/855-7584
Email: ccovington@munsch.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Dennis L Roossien
Munsch Hardt Kopf & Harr PC
3800 Lincoln Plaza
500 N Akard St
Dallas, TX 75201
US
214/855-7535
Fax: 214/855-7584
Email: droossien@munsch.com
ATTORNEY TO BE NOTICED
Lee J Pannier
Munsch Hardt Kopf & Harr PC
500 N Akard St
3800 Lincoln Plaza
USCA5 10
Case: 10-11202 Document: 00511426994 Page: 11 Date Filed: 03/28/2011
Dallas, TX 75201-6659
US
214/855-7500
Fax: 214/855-7584
Email: lpannier@munsch.com
ATTORNEY TO BE NOTICED
Raymond J Urbanik
Munsch Hardt Kopf & Harr PC
3800 Lincoln Plaza
500 N Akard St
Dallas, TX 75201
US
214/855-7590
Fax: 214/978-4374
Email: rurbanik@munsch.com
ATTORNEY TO BE NOTICED
Richard M Hunt
Munsch Hardt Kopf & Harr PC
3800 Lincoln Plaza
500 N Akard St
Dallas, TX 75201
US
214/855-7502
Fax: 214/978-5352 FAX
Email: rhunt@munsch.com
ATTORNEY TO BE NOTICED
V.
Intervenor
-----------------------
Charla Aldous represented by Charla G Aldous
Aldous Law Firm
2311 Cedar Springs Rd
Suite 200
Dallas, TX 75201
US
214/526-5595
Fax: 214/526-5525
Email: caldous@aldouslaw.com
ATTORNEY TO BE NOTICED
Jeffrey H Rasansky
Rasansky Law Firm
2525 McKinnon St
Suite 625
Dallas, TX 75201
US
214/651-6100
Fax: 214/651-6150
USCA5 11
Case: 10-11202 Document: 00511426994 Page: 12 Date Filed: 03/28/2011
Email: jrasansky@jrlawfirm.com
ATTORNEY TO BE NOTICED
Robert Edward Wolf, Jr
Rasansky Law Firm
2525 McKinnon
Suite 625
Dallas, TX 75201
USA
214/651-6100
Email: rwolf@jrlawfirm.com
ATTORNEY TO BE NOTICED
Jeffrey H Rasansky represented by Charla G Aldous
(See above for address)
ATTORNEY TO BE NOTICED
Jeffrey H Rasansky
(See above for address)
ATTORNEY TO BE NOTICED
Robert Edward Wolf, Jr
(See above for address)
ATTORNEY TO BE NOTICED
Aldous Law Firm
Rasansky Law Firm
Partner Mark L Taylor represented by Mark L Taylor
Powers Taylor LLP
8150 North Central Expressway
Suite 1575
Dallas, Tx 75206
US
214-239-8900
PRO SE
Mark L Taylor
Powers Taylor LLP
8150 N Central Expwy
Suite 1575
Dallas, TX 75206
USA
214/239-8900
Fax: 214/239-8901
Email: mark@powerstaylor.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Verisign, Inc. represented by Allen W Yee
Vinson & Elkins
Trammell Crow Center
2001 Ross Ave Suite 3700
Dallas, TX 75201
USA
USCA5 12
Case: 10-11202 Document: 00511426994 Page: 13 Date Filed: 03/28/2011
214/220-7996
Fax: 214/999-7996
Email: ayee@velaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Counter Claimant
-----------------------
Jeffrey Baron represented by Gary N Schepps
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Anthony L Vitullo
(See above for address)
TERMINATED: 6/23/2009
Caleb Rawls
(See above for address)
TERMINATED: 6/23/2009
Carter Boisvert
(See above for address)
TERMINATED: 1/29/2010
Ernest W Leonard
(See above for address)
TERMINATED: 1/29/2010
Gary Gene Lyon
(See above for address)
TERMINATED: 1/7/2011
James S Bell
(See above for address)
TERMINATED: 6/23/2009
James R Krause
(See above for address)
TERMINATED: 1/29/2010
Lawrence J Friedman
(See above for address)
TERMINATED: 1/29/2010
Ryan K Lurich
(See above for address)
TERMINATED: 1/29/2010
Ondova Limited Company represented by Ryan K Lurich
(See above for address)
USCA5 13
Case: 10-11202 Document: 00511426994 Page: 14 Date Filed: 03/28/2011
TERMINATED: 1/29/2010
LEAD ATTORNEY
Anthony L Vitullo
(See above for address)
TERMINATED: 6/23/2009
Caleb Rawls
(See above for address)
TERMINATED: 6/23/2009
Carter Boisvert
(See above for address)
TERMINATED: 1/29/2010
ATTORNEY TO BE NOTICED
E P Keiffer
(See above for address)
ATTORNEY TO BE NOTICED
Ernest W Leonard
(See above for address)
TERMINATED: 1/29/2010
James S Bell
(See above for address)
TERMINATED: 6/23/2009
James R Krause
(See above for address)
TERMINATED: 1/29/2010
Kim M Carpenter
(See above for address)
ATTORNEY TO BE NOTICED
Lawrence J Friedman
(See above for address)
TERMINATED: 1/29/2010
V.
Counter Defendant
-----------------------
Netsphere Inc represented by John W MacPete
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Douglas D Skierski
(See above for address)
ATTORNEY TO BE NOTICED
USCA5 14
Case: 10-11202 Document: 00511426994 Page: 15 Date Filed: 03/28/2011
Melissa S Hayward
(See above for address)
ATTORNEY TO BE NOTICED
Manila Industries Inc represented by John W MacPete
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Douglas D Skierski
(See above for address)
ATTORNEY TO BE NOTICED
Melissa S Hayward
(See above for address)
ATTORNEY TO BE NOTICED
Munish Krishan represented by John W MacPete
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Filing Date # Docket Text
5/28/2009 1
COMPLAINT WITH JURY DEMAND against Jeffrey Baron, Ondova Limited
Company filed by Netsphere Inc, Manila Industries Inc, Munish Krishan. (Filing
fee $350.00; Receipt number 31483) (lmp) (Entered: 5/29/2009)
5/28/2009 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by
Netsphere Inc, Manila Industries Inc, Munish Krishan. (lmp) (Entered: 5/29/2009)
5/29/2009 3
Summons Issued as to Jeffrey Baron, Ondova Limited Company. (lmp) (Entered:
5/29/2009)
6/1/2009 4 Summons Reissued as to Ondova Limited Company. (tln) (Entered: 6/1/2009)
6/8/2009 5
SUMMONS Returned Executed as to Ondova Limited Company; served on
6/1/2009. (axm) (Entered: 6/8/2009)
6/15/2009
Case reassigned to Judge Royal Furgeson. Judge Barbara M. G. Lynn no longer
assigned to the case. (caw) (Entered: 6/15/2009)
6/15/2009 9
ORDER: Action has been reassigned to Judge Royal Furgeson on consent of the
Judges. The case number is now 3:09-cv-988-F. (Ordered by Chief Judge Sidney
A Fitzwater on 6/15/2009) (caw) (Entered: 6/15/2009)
6/18/2009 13
MOTION to Dismiss or Alternatively to Stay Plaintiffs' Claims filed by Jeffrey
Baron, Ondova Limited Company with Brief in Support. (Attachments: # (1)
Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D) (Vitullo, Anthony)
Modified on 6/19/2009 (jyg). (Entered: 6/18/2009)
USCA5 15
Case: 10-11202 Document: 00511426994 Page: 16 Date Filed: 03/28/2011
6/18/2009
MOTION to Stay Plaintiffs' Claims filed by Ondova Limited Company with Brief
in Support. See doc #13 for image (jyg) (Entered: 6/19/2009)
6/19/2009 14
AGREED PROTECTIVE ORDER. See order for details. (Ordered by Judge
Royal Furgeson on 6/19/09) (jyg) (Entered: 6/19/2009)
6/19/2009
Minute Entry for proceedings held before Judge Royal Furgeson: Status
Conference held on 06/19/2009. (Court Reporter Cass Casey.) Time in Court: 3
hours. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (kkf)
(Entered: 6/22/2009)
6/22/2009 15
MOTION to Withdraw as Attorney of Record filed by Jeffrey Baron, Ondova
Limited Company (Attachments: # (1) Text of Proposed Order on Motion to
Withdraw) (Vitullo, Anthony) (Entered: 6/22/2009)
6/23/2009 16
SUMMONS Returned Executed as to Jeffrey Baron; served personally on
6/15/2009. (klm) (Entered: 6/23/2009)
6/23/2009 17
CONDITIONAL ORDER granting [15] Motion to Withdraw as Attorney.
Attorney Anthony L Vitullo; James Bell and Caleb Rawls terminated. (see order)
(Mailed copy of order to defendants.) (Ordered by Judge Royal Furgeson on
6/23/2009) (klm) . (Entered: 6/23/2009)
6/23/2009 18
NOTICE of Attorney Appearance by Ryan K Lurich for Jeffrey Baron, Ondova
Limited Company. (Lurich, Ryan) Modified on 6/23/2009 (svc). (Entered:
6/23/2009)
6/23/2009 19
ORDER ON EXPEDITED DISCOVERY. Defendants' oral motion to strike their
Motion to Dismiss from the docket is GRANTED, without prejudice to
Defendants' re-filing the Motion. Defendants' request to file the exhibits to such
re-filed Motion under seal is hereby GRANTED. The parties' joint motion to seal
the entire case is DENIED, without prejudice to subsequent requests to seal more
limited portions of this case to protect the confidential settlement agreement and
sensitive business information of the parties. (see order) (Ordered by Judge Royal
Furgeson on 06/23/09) (lmp) (Entered: 6/24/2009)
6/23/2009 21
EXTENSION OF TEMPORARY RESTRAINING ORDER: Plaintiffs' Motion
for Preliminary Injunction hearing set for 7/1/2009 09:30 AM before Judge Royal
Furgeson. (see order) (Ordered by Judge Royal Furgeson on 6/23/2009) (klm)
(Entered: 6/24/2009)
6/29/2009 23
Emergency MOTION to Continue and Motion to Quash Subpoena Duces Tecum
filed by Jeffrey Baron, Ondova Limited Company (Lurich, Ryan) (Entered:
6/29/2009)
6/29/2009 24
Mail Returned as Undeliverable. [17] Order on Motion to Withdraw as Attorney
received back from Jeffrey Baron as Return to Sender, Not Deliverable as
Addressed, Unable to Forward. (Attachments: # (1) Order) (skt) (Entered:
6/30/2009)
6/29/2009
USCA5 16
Case: 10-11202 Document: 00511426994 Page: 17 Date Filed: 03/28/2011
MOTION to Quash Subpoena Duces Tecum filed by Jeffrey Baron, Ondova
Limited Company. (see doc 23 for image) (axm) (Entered: 6/30/2009)
6/30/2009 25
ORDER denying [23] Emergency Motion to Continue Hearing. The issues
addressed in the Defendant's Motion (doc #[23]) will be handled at the hearing set
on July 1, 2009 at 9:30 AM. (Ordered by Judge Royal Furgeson on 6/30/2009)
(axm) (Entered: 6/30/2009)
6/30/2009 26
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference
Proceedings held on 6-19-09 before Judge Furgeson. Court Reporter/Transcriber
Cass Casey, Telephone number 214-354-3139. Parties are notified of their duty to
review the transcript. A copy may be purchased from the court reporter or viewed
at the clerk's office public terminal. If redaction is necessary, a Redaction Request
- Transcript must be filed within 21 days. If no such Request is filed, the transcript
will be made available via PACER without redaction after 90 calendar days. The
clerk will mail a copy of this notice to parties not electronically noticed.
Redaction Request due 7/21/2009. Redacted Transcript Deadline set for
7/31/2009. Release of Transcript Restriction set for 9/28/2009. (clc) (Entered:
6/30/2009)
7/1/2009
Minute Entry for proceedings held before Judge Royal Furgeson: Status
Conference held on 07/01/2009. Attorney Appearances: Plaintiff - John MacPete;
Defense - Ryan Lurich/James Krause. (Court Reporter Cass Casey.) Time in
Court: 2hrs 20 minutes. NOPDF ATTACHED - THIS IS A VIRTUAL MINUTE
ENTRY. (kkf) (Entered: 7/2/2009)
7/6/2009 27
MOTION to Dismiss or Alternatively Stay Plaintiffs' Claims filed by Jeffrey
Baron, Ondova Limited Company with Brief/Memorandum in Support. (Boisvert,
Carter) (Entered: 7/6/2009)
7/6/2009 28
Appendix in Support filed by Jeffrey Baron, Ondova Limited Company re [27]
MOTION to Dismiss or Alternatively Stay Plaintiffs' Claims (Boisvert, Carter)
(Entered: 7/6/2009)
7/6/2009
MOTION to Stay filed by Jeffrey Baron, Ondova Limited Company (see #27 for
image) (svc) (Entered: 7/7/2009)
7/6/2009 30
AMENDMENT TO PRELIMINARY INJUNCTION. See order for specifics.
(Ordered by Judge Royal Furgeson on 7/6/09) (jrb) (Entered: 7/7/2009)
7/6/2009 31
ORDER SEALING PRELIMINARY INJUNCTION. See order for other
specifics. (Ordered by Judge Royal Furgeson on 7/6/09) (jrb) (Entered: 7/7/2009)
7/6/2009 33
ORDER denying [23] Motion to Quash Subpoena Duces Tecum. (Ordered by
Judge Royal Furgeson on 07/06/09) (lmp) (Entered: 7/8/2009)
7/6/2009 34
ORDER EXTENDING REDEMPTION GRACE PERIOD: (see order) (Ordered
by Judge Royal Furgeson on 07/06/09) (lmp) (Entered: 7/8/2009)
7/7/2009 32 MOTION and Notice for Intervention and Brief in Support filed by Charla
Aldous, Jeffrey H Rasansky. Party Charla Aldous and Jeffrey Rasansky added.
USCA5 17
Case: 10-11202 Document: 00511426994 Page: 18 Date Filed: 03/28/2011
(Wolf, Robert) Modified on 7/8/2009 (jyg). (Entered: 7/7/2009)
7/7/2009 35
ORDER denying [27] Motion to Dismiss or Alternatively Stay Plaintiffs' Claims;
denying [29] Motion to File Documents Under Seal. (Ordered by Judge Royal
Furgeson on 7/7/2009) (axm) (Entered: 7/8/2009)
7/7/2009 36
ORDER denying [27] Motion to Dismiss or Alternatively Stay Plaintiffs' Claims.
(see order) (Ordered by Judge Royal Furgeson on 7/7/2009) (axm) (Entered:
7/8/2009)
7/9/2009 37
ORDER APPOINTING Special Master. Peter S Vogel appointed. [see Order for
specifics]. (Ordered by Judge Royal Furgeson on 7/9/2009) (caw) (Entered:
7/10/2009)
7/14/2009
Minute Entry for proceedings held before Judge Royal Furgeson: Motion hearing
held on 07/09/2009 re[32] Motion to Intervene filed by Jeffrey H. Rasansky,
Charla Aldous. Court grants Motion to Intervene. Charla Aldous to prepare order
to this effect and submit to the Court. Attorney Appearances: Plaintiff - John
MacPete; Defense - James Krause; Ryan Lurich. (Court Reporter Cass Casey.)
Time in Court: 1 hour 47 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL
MINUTE ENTRY. (kkf) (Entered: 7/14/2009)
7/16/2009 38
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference
Proceedings held on 7-1-09 before Judge Furgeson. Court Reporter/Transcriber
Cass Casey, Telephone number 214-354-3139. Parties are notified of their duty to
review the transcript. A copy may be purchased from the court reporter or viewed
at the clerk's office public terminal. If redaction is necessary, a Redaction Request
- Transcript must be filed within 21 days. If no such Request is filed, the transcript
will be made available via PACER without redaction after 90 calendar days. The
clerk will mail a copy of this notice to parties not electronically noticed.
Redaction Request due 8/6/2009. Redacted Transcript Deadline set for 8/17/2009.
Release of Transcript Restriction set for 10/14/2009. (clc) (Additional
attachment(s) added on 7/20/2009: #(1) Main Document) (axm). Modified pdf on
7/20/2009 (axm). (Entered: 7/16/2009)
7/16/2009 39
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference
Proceedings held on 7-9-09 before Judge Furgeson. Court Reporter/Transcriber
Cass Casey, Telephone number 214-354-3139. Parties are notified of their duty to
review the transcript. A copy may be purchased from the court reporter or viewed
at the clerk's office public terminal. If redaction is necessary, a Redaction Request
- Transcript must be filed within 21 days. If no such Request is filed, the transcript
will be made available via PACER without redaction after 90 calendar days. The
clerk will mail a copy of this notice to parties not electronically noticed.
Redaction Request due 8/6/2009. Redacted Transcript Deadline set for 8/17/2009.
Release of Transcript Restriction set for 10/14/2009. (clc) (Additional
attachment(s) added on 7/20/2009: #(1) Main Document) (axm). Modified pdf on
7/20/2009 (axm). (Entered: 7/16/2009)
7/17/2009 40 ANSWER to [1] Complaint with Jury Demand filed by Jeffrey Baron, Ondova
Limited Company, COUNTERCLAIM against Netsphere Inc, Manila Industries
Inc, Munish Krishan filed by Jeffrey Baron, Ondova Limited Company (Lurich,
USCA5 18
Case: 10-11202 Document: 00511426994 Page: 19 Date Filed: 03/28/2011
Ryan) (Entered: 7/17/2009)
7/21/2009 41
MOTION on Defendant's Contempt of Court filed by Netsphere Inc with
Brief/Memorandum in Support. (Mueller, Jason) Modified on 7/22/2009 (lmp).
(Entered: 7/21/2009)
7/21/2009 42
Appendix in Support filed by Netsphere Inc re [41] MOTION on Defendant's
Contempt of Court. (Mueller, Jason) Modified on 7/22/2009 (lmp). (Entered:
7/21/2009)
7/21/2009 43
MOTION to Expedite Discovery Regarding Anticipated Motion for Leave to
Intervene filed by Netsphere Inc, Manila Industries Inc, Munish Krishan with
Brief/Memorandum in Support. (Attachments: # (1) Appendix, # (2) Appendix
Part II) (MacPete, John) (Entered: 7/21/2009)
7/22/2009 44
Notice of Correction of Signature Omission, correcting signature omission in [41]
Motion for Sanctions filed by Netsphere Inc. (MacPete, John) (Entered:
7/22/2009)
7/22/2009 45
Motion for Leave to File Intervention and to Authorize Discovery and Brief in
Support against all defendants filed by Craig A. Capua. (Attachments: # (1)
Exhibit Verification of Adrian Taylor) (Capua, Craig) Modified on 7/24/2009
(jrb). (Entered: 7/22/2009)
7/24/2009 46
MOTION to Continue Hearing on Plaintiffs' Motion on Defendants' Contempt of
Court filed by Jeffrey Baron, Ondova Limited Company with Brief/Memorandum
in Support. (Lurich, Ryan) (Entered: 7/24/2009)
7/24/2009 47
RESPONSE filed by Netsphere Inc, Manila Industries Inc, Munish Krishan re
[46] MOTION to Continue Hearing on Plaintiffs' Motion on Defendants'
Contempt of Court (MacPete, John) (Entered: 7/24/2009)
7/27/2009 48
SUGGESTION OF BANKRUPTCY AND NOTICE OF STAY filed by Ondova
Limited Company (Keiffer, E) Modified on 7/28/2009 (tln). (Entered: 7/27/2009)
7/28/2009
Minute Entry for proceedings held before Judge Royal Furgeson: Status
Conference held on 07/28/2009. Attorney Appearances: Plaintiff - John MacPete;
Defense - Ryan Lurich/James Krause. (Court Reporter Cass Casey.) Time in
Court: 50 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE
ENTRY. (kkf) (Entered: 7/28/2009)
7/30/2009 49
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by
Craig A. Capua. (Capua, Craig) (Entered: 7/30/2009)
8/4/2009 50
APPLICATION for an Order of Reference to the Bankruptcy Court filed by
Ondova Limited Company. (Keiffer, E) Modified on 8/6/2009 (skt). Modified on
8/20/2009 (svc). (Entered: 8/4/2009)
8/13/2009 51 ***VACATED per [57] Order*** ORDER GRANTING INTERVENTION,
DENYING DISCOVERY WITHOUT PREJUDICE, AND SETTING A STATUS
CONFERENCE REGARDING LIMITED DISCOVERY: All parties SHALL
USCA5 19
Case: 10-11202 Document: 00511426994 Page: 20 Date Filed: 03/28/2011
APPEAR before the Court for a status conference on the issue of discovery with
regard to Quantec, LLC, Iguana Consulting, LLC, and Novo Point, LLC. (See
Docket Nos. [43], [45]) on 8/18/2009 at 1:30 p.m. The motion by Quantec, LLC,
Iguana Consulting, LLC And Novo Point, LLC Motion For Leave to File
Intervention and to Authorize Discovery (Docket No. [45]) IS GRANTED as to
the intervention and DENIED without prejudice as to the discovery request. (See
Order.) (Ordered by Judge Royal Furgeson on 8/13/2009) (twd) Modified on
8/18/2009 (twd). (Entered: 8/14/2009)
8/14/2009 52
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference
Proceedings held on 7-28-09 before Judge Furgeson. Court Reporter/Transcriber
Cass Casey, Telephone number Cassidi45@AOL.COM. Parties are notified of
their duty to review the transcript. A copy may be purchased from the court
reporter or viewed at the clerk's office public terminal. If redaction is necessary, a
Redaction Request - Transcript must be filed within 21 days. If no such Request is
filed, the transcript will be made available via PACER without redaction after 90
calendar days. If redactionrequest filed, this transcript will not be accessible via
PACER; see redacted transcript. The clerk will mail a copy of this notice to
parties not electronically noticed. Redaction Request due 9/4/2009. Redacted
Transcript Deadline set for 9/14/2009. Release of Transcript Restriction set for
11/12/2009. (clc) (Entered: 8/14/2009)
8/14/2009 53
MOTION for Ondova Limited Company's Proposed Bankruptcy Counsel to
Appear at Status Conference re [51]ORDER granting Intervention, Denying
Discovery without prejudice, and Setting a Status Conference Regarding Limited
Discovery filed by Ondova Limited Company (Attachments: # (1) Text of
Proposed Order) (Keiffer, E) . (Entered: 8/14/2009)
8/17/2009 54
MOTION Plffs' Advisory regarding Order Granting Intervention re [51] Order,
Set/Reset Hearings, Terminate Motions,,,,,, filed by Netsphere Inc, Manila
Industries Inc, Munish Krishan (Attachments: # (1) Appendix w/Declaration of
John MacPete in Support) (MacPete, John) (Entered: 8/17/2009)
8/17/2009 55
OBJECTION re: [50] APPLICATION for an Order of Reference to the
Bankruptcy Court filed by Netsphere Inc, Manila Industries Inc, Munish Krishan
(Attachments: # (1) Appendix Pt I in Support, # (2) Appendix Pt II in Support)
(MacPete, John) (Entered: 8/17/2009)
8/17/2009 56
ORDER granting [53] Motion for Ondova Limited Company's Proposed
Bankruptcy Counsel to Appear at Status Conference. (see order) (Ordered by
Judge Royal Furgeson on 8/17/2009) (axm) (Entered: 8/18/2009)
8/18/2009 57
ORDER: The Court VACATES its prior Order (Docket No. 51) and
REINSTATES as pending the [45] Motion for Leave to File Intervention and to
Authorize Discovery. Plaintiffs' [54] Advisory Regarding Order Granting
Intervention was incorrectly styled as a motion and accordingly DENIED. (see
order) (Ordered by Judge Royal Furgeson on 8/18/2009) (axm) (Entered:
8/18/2009)
8/18/2009 58 ORDER ON INTERVENORS' MOTION AND NOTICE FOR
INTERVENTION....See Order. (see order) (Ordered by Judge Royal Furgeson on
USCA5 20
Case: 10-11202 Document: 00511426994 Page: 21 Date Filed: 03/28/2011
8/18/2009) (axm) Modified on 8/19/2009 (svc). (Entered: 8/18/2009)
8/18/2009 59
ORDER CONCERNING INTERVENTION: All matters pertaining to the
Intervention filed by Intervenors in this case shall hereby be stayed until further
Order of the Court. (Ordered by Judge Royal Furgeson on 8/18/2009) (axm)
(Entered: 8/18/2009)
8/18/2009
Minute Entry for proceedings held before Judge Royal Furgeson: Status
Conference held on 08/18/2009. Attorney Appearances: Plaintiff - John MacPete/
Melissa Hayward; Defense - James Krause/Ryan Lurich/Larry Friedman. (Court
Reporter Cass Casey.) Time in Court: 2 hours 15 minutes. NO PDF ATTACHED
- THIS IS A VIRTUAL MINUTE ENTRY. (kkf) (Entered: 8/19/2009)
8/18/2009 60
ORDER granting leave to file reply brief in support of [50] Application for Order
of Reference to the Bankruptcy Court. Reply brief due by 8/24/2009. (see order)
(Ordered by Judge Royal Furgeson on 8/18/2009) (klm) Modified on 8/20/2009
(jkm). (Entered: 8/19/2009)
8/24/2009 61
REPLY in support re: [50] APPLICATION for an Order of Reference to the
Bankruptcy Court filed by Ondova Limited Company (Carpenter, Kim) (Entered:
8/24/2009)
8/28/2009 62
ORDER denying [50] APPLICATION for an Order of Reference to the
Bankruptcy Court. (see order) (Ordered by Judge Royal Furgeson on 8/28/2009)
(klm) (Entered: 8/28/2009)
9/1/2009 63
MOTION to Approve New Bankruptcy Counsel filed by Jeffrey Baron, Ondova
Limited Company (Lurich, Ryan) Modified on 9/2/2009 (mfw). (Entered:
9/1/2009)
9/7/2009 64
Notice of Withdrawal of [63] MOTION to Approve New Bankruptcy Counsel for
Ondova Limited Company filed by Jeffrey Baron, Ondova Limited Company
(Lurich, Ryan) Modified on 9/8/2009 (skt). (Entered: 9/7/2009)
9/8/2009 65
Emergency MOTION for Clarification of Obligations Under the Preliminary
Injunction filed by Jeffrey Baron, Ondova Limited Company (Boisvert, Carter) .
(Entered: 9/8/2009)
9/9/2009 66
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference
Proceedings held on 8-18-09 before Judge Furgeson. Court Reporter/Transcriber
Cass Casey, Telephone number cassidi45@aol.com. Parties are notified of their
duty to review the transcript. A copy may be purchased from the court reporter or
viewed at the clerk's office public terminal. If redaction is necessary, a Redaction
Request - Transcript must be filed within 21 days. If no such Request is filed, the
transcript will be made available via PACER without redaction after 90 calendar
days. If redactionrequest filed, this transcript will not be accessible via PACER;
see redacted transcript. The clerk will mail a copy of this notice to parties not
electronically noticed. Redaction Request due 9/30/2009. Redacted Transcript
Deadline set for 10/13/2009. Release of Transcript Restriction set for 12/8/2009.
(clc) (Entered: 9/9/2009)
USCA5 21
Case: 10-11202 Document: 00511426994 Page: 22 Date Filed: 03/28/2011
9/10/2009
Minute Entry for proceedings held before Judge Royal Furgeson: Hearing on
Defendant's Emergency Motion for clarification held on 9/10/2009 re [65]Court
denies motion. Order to be entered to this effect. Courts in recess. Attorney
Appearances: Plaintiff - John MacPete; Defense - Ryan Lurich/Charla
Aldous/Jeffrey Ransansky/Peter Vogel. (Court Reporter Cass Casey.) Time in
Court: 1 hour 7 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL
MINUTE ENTRY. (kkf) (Entered: 9/11/2009)
9/11/2009 67
ELECTRONIC ORDER denying [65] Emergency Motion for Clarification of
Obligations Under the Preliminary Injunction for the reasons stated in Court at the
September 10, 2009 hearing. (Ordered by Judge Royal Furgeson on 09/11/2009)
(Judge Royal Furgeson) (Entered: 9/11/2009)
9/20/2009 68
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference
Proceedings held on 9-10-09 before Judge Furgeson. Court Reporter/Transcriber
Cass Casey, Telephone number cassidi45@aol.com. Parties are notified of their
duty to review the transcript. A copy may be purchased from the court reporter or
viewed at the clerk's office public terminal. If redaction is necessary, a Redaction
Request - Transcript must be filed within 21 days. If no such Request is filed, the
transcript will be made available via PACER without redaction after 90 calendar
days. If redactionrequest filed, this transcript will not be accessible via PACER;
see redacted transcript. The clerk will mail a copy of this notice to parties not
electronically noticed. Redaction Request due 10/13/2009. Redacted Transcript
Deadline set for 10/21/2009. Release of Transcript Restriction set for 12/21/2009.
(clc) (Entered: 9/20/2009)
10/17/2009 69
NOTICE of and Motion to Approve Additional Counsel filed by Jeffrey Baron
(Lurich, Ryan) (Entered: 10/17/2009)
10/17/2009
MOTION to Approve Additional Counsel filed by Jeffrey Baron. (See [69] for
document.) (twd) (Entered: 10/19/2009)
11/23/2009 70
ORDER: Status Conference set for 12/10/2009 10:30 AM before Judge Royal
Furgeson. (see order) (Ordered by Judge Royal Furgeson on 11/23/09) (tln)
(Entered: 11/23/2009)
12/9/2009 71
NOTICE of MOTION FOR LEAVE TO FILE MOTION TO UNSEAL RECORDS
filed by Quantec LLC (Capua, Craig) (Entered: 12/9/2009)
12/9/2009 72
Unopposed MOTION to Unseal Document Records filed by Quantec LLC
(Attachments: # (1) Exhibit A) (Capua, Craig) (Entered: 12/9/2009)
12/9/2009 73
STATUS REPORT (Friedman & Feiger, L.L.P.'s Accounting of Trust Funds)
filed by Jeffrey Baron. (Lurich, Ryan) (Entered: 12/9/2009)
12/10/2009 74
ORDER granting [72] Unopposed Motion to Unseal Records (See Order.)
(Ordered by Judge Royal Furgeson on 12/10/2009) (twd) (Entered: 12/10/2009)
12/10/2009 Minute Entry for proceedings held before Judge Royal Furgeson: Status
Conference held on 12/10/2009. Announcements heard from John MacPete,
Franklin Perry, Gerritt Pronske, Ryan Lurich, Jeffrey Hall, Craig Capua, Eric
USCA5 22
Case: 10-11202 Document: 00511426994 Page: 23 Date Filed: 03/28/2011
Tauple, Jeffrey Rasansky, Charla Aldous, Raymond Urbanik, Danny Sherman,
Peter Vogel. (Court Reporter Shawnie Archuleta.) Time in Court: 1 hour 42
minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (kkf)
(Entered: 12/11/2009)
12/10/2009 75
Unopposed MOTION to Unseal Records filed by Quantec LLC, Iguana
Consulting LLC, Novo Point LLC, Simple Solutions LLC. (tln) (Entered:
12/11/2009)
12/11/2009 76
ORDER TO PAY FEES AND EXPENSES OF THE SPECIAL MASTER: See
Order (Ordered by Judge Royal Furgeson on 12/11/2009) (svc) (Entered:
12/14/2009)
12/11/2009 77
ORDER REGARDING EQUIVALENT DATA. See Order (Ordered by Judge
Royal Furgeson on 12/11/2009) (svc) (Entered: 12/14/2009)
12/18/2009 78
ORDER: Status Conference set for 12/22/2009 02:00 PM before Judge Royal
Furgeson. (Ordered by Judge Royal Furgeson on 12/18/2009) (twd) (Entered:
12/18/2009)
1/20/2010 79
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference
Proceedings held on December 12, 2009 before Judge Judge Ferguson. Court
Reporter/Transcriber Shawnie Archuleta, Telephone number 214-753-2747.
Parties are notified of their duty to review the transcript. A copy may be
purchased from the court reporter or viewed at the clerk's office public terminal. If
redaction is necessary, a Redaction Request - Transcript must be filed within 21
days. If no such Request is filed, the transcript will be made available via PACER
without redaction after 90 calendar days.If redaction request filed, this transcript
will not be accessible via PACER; see redacted transcript. The clerk will mail a
copy of this notice to parties not electronically noticed. Redaction Request due
2/16/2010. Redacted Transcript Deadline set for 2/23/2010. Release of Transcript
Restriction set for 4/23/2010. (spa) (Entered: 1/20/2010)
1/22/2010 80
ORDER: Status Conference set for 1/29/2010 10:00 AM before Judge Royal
Furgeson. (Ordered by Judge Royal Furgeson on 1/22/2010) (klm) (Entered:
1/25/2010)
1/26/2010 81
MOTION to Withdraw as Attorney filed by Jeffrey Baron (Lurich, Ryan)
(Entered: 1/26/2010)
1/29/2010
Minute Entry for proceedings held before Judge Royal Furgeson: Status
Conference held on 01/29/10. Court addresses parties regarding bankruptcy order.
Statements heard from Mr. Urbanik, Mr. MacPete, Mr. Vogel, Mr. New, Mr.
Capua. Court addresses Mr.Lurich on motion to withdraw. Court grants motion to
withdraw. Order to be entered to this effect. Courts in recess. Attorney
Appearances: Plaintiff - John MacPete; Defense - Ryan Lurich/David
Pacione/Jeffrey Ransansky/Peter Vogel/Raymond Urbanik/Danny
Sherman/Franklin Perry/Jeff Hall/Craig Capua. (Court Reporter Cass Casey.)
Time in Court: 1 hour 35 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL
MINUTE ENTRY. (kkf) (Entered: 1/29/2010)
USCA5 23
Case: 10-11202 Document: 00511426994 Page: 24 Date Filed: 03/28/2011
1/29/2010 82
ORDER AUTHORIZING TRANSFER AND DELETION OF DOMAIN
NAMES. (see order) (Ordered by Judge Royal Furgeson on 1/29/2010) (klm)
(Entered: 2/1/2010)
1/29/2010 83
ORDER granting [81] Motion to Withdraw as Attorney. Attorney James R
Krause, Ryan K Lurich, and Lawrence J Friedman terminated. (see order)
(Ordered by Judge Royal Furgeson on 1/29/2010) (klm) (Entered: 2/1/2010)
2/2/2010 84
ORDER TO SHOW CAUSE: Any party opposing the entry of the attached Order
of Transparency in the Transfer and Deletion of Domain Names must file its
objections on or before 2/5/2010. (See Order.) (Ordered by Judge Royal Furgeson
on 2/2/2010) (Attachments: # (1) Proposed Order) (twd) (Entered: 2/2/2010)
2/2/2010 85
ORDER TO PAY FEES AND EXPENSES OF THE SPECIAL MASTER (See
Order.) (Ordered by Judge Royal Furgeson on 2/2/2010) (twd) (Entered:
2/3/2010)
2/5/2010 86
RESPONSE filed by Quantec LLC, Iguana Consulting LLC, Novo Point LLC re:
[84] Order to Show Cause, (Capua, Craig) (Entered: 2/5/2010)
2/5/2010 87
RESPONSE filed by Netsphere Inc, Manila Industries Inc, Munish Krishan re:
[84] Order to Show Cause, (Attachments: # (1) Exhibit 1 - 5) (MacPete, John)
(Entered: 2/5/2010)
2/8/2010 88
ORDER REGARDING TRANSPARENCY IN THE TRANSFER AND
DELETION OF DOMAIN NAMES. (Ordered by Judge Royal Furgeson on
2/8/2010) (Judge Royal Furgeson) (Entered: 2/8/2010)
2/9/2010 89
NOTICE of Attorney Appearance by Curt M Covington on behalf of Daniel J.
Sherman. (Covington, Curt) (Entered: 2/9/2010)
2/10/2010 90
ELECTRONIC ORDER: On or before February 25, 2010, the parties through
counsel shall reach an agreement as to the date and time for a settlement
conference. The settlement conference shall occur before March 31, 2010. In the
event that the parties do not reach an agreement as to the scheduling of the
settlement conference, the Court will set a settlement conference and require all
clients, without exception, to attend at the date and time ordered by the Court.
(Ordered by Judge Royal Furgeson on 2/10/2010) (Judge Royal Furgeson)
(Entered: 2/10/2010)
2/19/2010 91
ORDER REGARDING SETTLEMENT CONFERENCE OR MEDIATION. (see
order) (Ordered by Judge Royal Furgeson on 2/19/2010) (klm) (Entered:
2/19/2010)
2/19/2010 92
NOTICE of Attorney Appearance by Raymond J Urbanik on behalf of Daniel J.
Sherman. (Urbanik, Raymond) (Entered: 2/19/2010)
3/5/2010 93
ORDER TO PAY FEES AND EXPENSES OF THE SPECIAL MASTER. (See
Order) (Ordered by Judge Royal Furgeson on 3/5/2010) (mfw) (Entered:
3/5/2010)
USCA5 24
Case: 10-11202 Document: 00511426994 Page: 25 Date Filed: 03/28/2011
3/15/2010 94
ELECTRONIC ORDER finding as moot [46] Motion to Continue. (Ordered by
Judge Royal Furgeson on 3/15/2010) (Judge Royal Furgeson) (Entered:
3/15/2010)
3/15/2010 95
ELECTRONIC ORDER dismissing without prejudice to refiling [41] Motion for
Sanctions. (Ordered by Judge Royal Furgeson on 3/15/2010) (Judge Royal
Furgeson) (Entered: 3/15/2010)
3/15/2010 96
ELECTRONIC ORDER finding as moot [43] Motion to Expedite. (Ordered by
Judge Royal Furgeson on 3/15/2010) (Judge Royal Furgeson) (Entered:
3/15/2010)
3/15/2010 97
ELECTRONIC ORDER dismissing without prejudice to refiling [45] Motion for
Leave to File. (Ordered by Judge Royal Furgeson on 3/15/2010) (Judge Royal
Furgeson) (Entered: 3/15/2010)
3/15/2010 98
ELECTRONIC ORDER finding as moot [] Motion Approval of Additional
Counsel (Ordered by Judge Royal Furgeson on 3/15/2010) (Judge Royal
Furgeson) (Entered: 3/15/2010)
3/22/2010 99
REVISED ORDER AUTHORIZING TRANSFER AND DELETION OF
DOMAIN NAMES. (Ordered by Judge Royal Furgeson on 3/22/2010) (axm)
(Entered: 3/22/2010)
4/14/2010 100
ORDER TO PAY FEES AND EXPENSES OF THE SPECIAL MASTER. (see
order) (Ordered by Judge Royal Furgeson on 4/14/2010) (klm) (Entered:
4/15/2010)
4/19/2010 101
MOTION to Withdraw as Attorney filed by Jeffrey Baron (Hall, Jeffrey)
(Entered: 4/19/2010)
4/20/2010 102
ORDER as to [101] Motion to Withdraw as Attorney. Motion Hearing set for
4/27/2010 03:00 PM before Judge Royal Furgeson. (Ordered by Judge Royal
Furgeson on 4/20/2010) (mfw) (Entered: 4/21/2010)
4/21/2010
***Clerk's Notice of delivery: (see NEF for details) Docket No:102. Wed Apr 21
11:28:42 CDT 2010 (crt) (Entered: 4/21/2010)
4/22/2010 103
ORDER setting deadlines as to [101] Motion to Withdraw as Attorney. Motion
Hearing set for 4/26/2010 09:00 AM before Judge Royal Furgeson. (Ordered by
Judge Royal Furgeson on 4/22/2010) (klm) (Entered: 4/22/2010)
4/24/2010 104
NOTICE re: [101] MOTION to Withdraw as Attorney filed by Jeffrey Baron
(Hall, Jeffrey) (Entered: 4/24/2010)
4/26/2010 ELECTRONIC Minute Entry for proceedings held before Judge Royal Furgeson:
Status Conference held on 4/26/2010. Court addresses the parties regarding
defendant's motion to withdraw and that the motion has been withdrawn. Court
addresses the parties regarding Judge Stickney mediating this case. Statements
heard from Mr. MacPete, Mr. Urbanik, Mr. Hall, Capua in response to Judge
Stickney mediating the case. Statements heard from Mr. Lyons regarding
USCA5 25
Case: 10-11202 Document: 00511426994 Page: 26 Date Filed: 03/28/2011
representation of Mr. Baron over the weekend. Statements heard from Mr.
Pronske regarding representation of Mr. Baron. Statements heard from Mr. Vogel.
Court to hold off on appointing Judge Stickney to mediate until after the hearing
set April 30th before Judge Jernigan. Mr. Vogel to inform the court of the April
30th hearing. Courts in recess. Attorney Appearances: Plaintiff - John MacPete;
Defense - Jeff Hall/Gary Pronske/Jeff Ransansky/Raymond Urbanik/Craig Capua.
(Court Reporter: Cass Casey) (No exhibits) Time in Court - :40. (chmb) (Entered:
4/26/2010)
5/5/2010 105
ORDER: The Court notes its prior Order requiring court approval prior to
Defendant's employment of new or additional counsel and accordingly ORDERS
that in the event that Mr. Lyons intends to seek leave to appear as counsel of
record, he file such a motion on or before May 10, 2010. See Order for
instructions. (Ordered by Judge Royal Furgeson on 5/5/2010) (Judge Royal
Furgeson) (Entered: 5/5/2010)
5/19/2010 106
ORDER TO PAY FEES AND EXPENSES OF THE SPECIAL MASTER. (see
order) (Ordered by Judge Royal Furgeson on 5/19/2010) (axm) (Entered:
5/19/2010)
6/7/2010 107
ORDER TO PAY FEES AND EXPENSES OF THE SPECIAL MASTER: (See
Order) (Ordered by Judge Royal Furgeson on 6/7/2010) (dnc) (Entered: 6/8/2010)
7/2/2010 108
MOTION for Leave to Intervene filed by Friedman & Feiger, LLP (Lurich, Ryan)
Modified on 7/6/2010 (skt). (Entered: 7/2/2010)
7/2/2010 109
MOTION to Stay Plea in Intervention filed by Friedman & Feiger, LLP (Lurich,
Ryan) (Entered: 7/2/2010)
7/7/2010 110
ORDER denying [108] Motion for Leave to Intervene; denying as moot [109]
Motion to Stay Its Plea in Intervention. (see order) (Ordered by Judge Royal
Furgeson on 7/7/2010) (tln) (Entered: 7/7/2010)
7/26/2010 111
ELECTRONIC ORDER TO PAY FEES AND EXPENSES OF THE SPECIAL
MASTER: On or before August 26, 2010, the parties shall pay the fees and
expenses of the Special Master Peter S. Vogel as follows: (1) Plaintiffs Netsphere
Inc., Manila Industries Inc., and Munish Krishan shall pay $4,411.12; and (2)
Defendant Jeffrey Baron shall pay $4,411.12. (Ordered by Judge Royal Furgeson
on 7/26/2010) (Judge Royal Furgeson) (Entered: 7/26/2010)
8/9/2010 112
ORDER TO PAY FEES AND EXPENSES OF THE SPECIAL MASTER: See
Order (Ordered by Judge Royal Furgeson on 8/9/2010) (svc) (Entered: 8/10/2010)
8/20/2010 113
Joint MOTION to Withdraw as Attorney and Substitute as Attorney filed by
Jeffrey Baron (Hall, Jeffrey) (Entered: 8/20/2010)
8/26/2010 114
NOTICE of Attorney Appearance by Gary Gene Lyon on behalf of Jeffrey Baron.
(Lyon, Gary) (Entered: 8/26/2010)
8/26/2010 115 ELECTRONIC ORDER granting [113] Joint Motion to Withdraw as Counsel and
Substitute Counsel. Accordingly, attorney Jeffrey T. Hall is withdrawn as counsel
USCA5 26
Case: 10-11202 Document: 00511426994 Page: 27 Date Filed: 03/28/2011
for Jeffrey Baron and attorney Gary G. Lyon is substituted as Mr. Baron's primary
counsel. (Ordered by Judge Royal Furgeson on 8/26/2010) (chmb) (Entered:
8/26/2010)
9/8/2010 116
MOTION to Approve Agreed Order Regarding Documents Produced in Litigation
filed by Daniel J. Sherman (Attachments: # (1) Exhibit(s) 1, # (2) Exhibit(s) 2)
(Urbanik, Raymond) (Entered: 9/8/2010)
9/9/2010 117
AGREED ORDER REGARDING MAINTENANCE OF RECORDS
PRODUCED IN LITIGATION. (see order) (Ordered by Judge Royal Furgeson on
9/9/2010) (mpw) (Entered: 9/9/2010)
10/13/2010 118
NOTICE of Transmittal Regarding Withdrawal of Reference: Transmitted two
copies of Report and Recommendation. (axm) (Entered: 10/14/2010)
10/19/2010 119
ORDER ADOPTING United States Bankruptcy Judge Stacey G.C. Jernigan's
Report and Recommendation (Docket No. 118). (Ordered by Judge Royal
Furgeson on 10/19/2010) (Judge Royal Furgeson) (Entered: 10/19/2010)
10/19/2010 120
ORDER TO MEDIATE DISPUTES REGARDING ATTORNEYS FEES: Peter
S. Vogel is ordered to mediate all claims against Jeffrey Baron on behalf of this
Court and the In Re: Ondova Limited Company, Bankruptcy Case No.
09-34784SGJ- 11 for legal fees and related expenses, and within 30 days of the
date of this Order all lawyers who have claims for legal fees against Jeffrey Baron
shall submit confidential reports of fees, expenses, and claims. (See Order)
(Ordered by Judge Royal Furgeson on 10/19/2010) (skt) (Entered: 10/20/2010)
10/22/2010 121
NOTICE of Attorney Appearance by Mark L Taylor on behalf of Mark L Taylor.
(Taylor, Mark) (Entered: 10/22/2010)
10/25/2010 122
AMENDED ORDER TO MEDIATE DISPUTES REGARDING ATTORNEYS
FEES: (See Order) (Ordered by Judge Royal Furgeson on 10/25/2010) (dnc)
(Entered: 10/25/2010)
11/24/2010 123
Emergency MOTION of Trustee for Appointment of a Receiver over Jeffrey
Baron filed by Daniel J. Sherman (Attachments: # (1) Exhibit(s) A, # (2)
Exhibit(s) B, # (3) Exhibit(s) C) (Urbanik, Raymond) (Entered: 11/24/2010)
11/24/2010 124
NOTICE of Order Appointing Receiver filed by Peter S Vogel (Vogel, Peter)
(Entered: 11/24/2010)
11/24/2010 125
NOTICE of Sworn Statement of the Receiver filed by Peter S Vogel (Vogel, Peter)
(Entered: 11/24/2010)
11/24/2010 130
ORDER APPOINTING RECEIVER: Receiver added. This Court shall retain
jurisdiction of this matter for all purposes. (See Order) (Ordered by Judge Royal
Furgeson on 11/24/2010) (dnc) (Entered: 11/30/2010)
11/29/2010 126
Emergency MOTION to Intervene for the Limited Purpose of Filing Certain
Pleadings in the Present Case Related to this Court's Injunction filed by Verisign,
Inc.. Party VeriSign, Inc. added. (Yee, Allen) (Entered: 11/29/2010)
USCA5 27
Case: 10-11202 Document: 00511426994 Page: 28 Date Filed: 03/28/2011
11/29/2010 127
Emergency MOTION to Vacate and Modify Portion of Order Appointing
Receiver and Brief in Support filed by Verisign, Inc. with Brief/Memorandum in
Support. (Yee, Allen) (Entered: 11/29/2010)
11/29/2010 128
Appendix in Support filed by Verisign, Inc. re [127] Emergency MOTION to
Vacate and Modify Portion of Order Appointing Receiver and Brief in Support
(Yee, Allen) (Entered: 11/29/2010)
11/29/2010 129
Emergency MOTION for Hearing on Shortened Notice with Respect to
Emergency Motion of Trustee for Appointment of a Receiver over Jeffrey Baron
and the Court's Order Appointing Receiver Filed on November 24, 2010 filed by
Verisign, Inc. (Yee, Allen) (Entered: 11/29/2010)
11/29/2010 131
Receiver's Bond in the amount of $1,000.00 posted by Peter S Vogel. (axm)
(Entered: 11/30/2010)
11/30/2010
ELECTRONIC Minute Entry for proceedings held before Judge Royal Furgeson:
Telephone Conference held on 11/30/2010 regarding emergency motion to
intervene(doc.#126), emergency motion to vacate(doc.#127), and emergency
motion for hearing (doc.#129).Court hears from Ms. Degeyter, Mr. Schnabel, Mr.
Golden, Mr. Eckels, Mr. Chestnut, Mr. MacPete, Mr. Cox and Mr. Ferguson.
Court to take motions taken under advisement. (Court Reporter: Cass Casey) (No
exhibits) Time in Court - :25. (chmb) (Entered: 11/30/2010)
11/30/2010 132
ELECTRONIC ORDER granting [129] Motion for Emergency Telephonic
Hearing. Motion Hearing set for 11/30/2010 01:30 PM before Judge Royal
Furgeson. (Ordered by Judge Royal Furgeson on 11/30/2010) (Judge Royal
Furgeson) (Entered: 11/30/2010)
11/30/2010 133
ORDER granting [127] Motion to Vacate and Modify Portion of Order
Appointing Receiver. (see order) (Ordered by Judge Royal Furgeson on
11/30/2010) (axm) (Entered: 12/1/2010)
11/30/2010 134
ORDER granting [126] Motion to Intervene. (Ordered by Judge Royal Furgeson
on 11/30/2010) (axm) (Entered: 12/1/2010)
12/2/2010 135
NOTICE of Employmnet of Attorneys filed by Receiver (Golden, Barry) (Entered:
12/2/2010)
12/2/2010 136
NOTICE OF INTERLOCUTORY APPEAL to the Fifth Circuit as to [130] Order,
by Jeffrey Baron. Filing fee $455, receipt number 0539-3604196. T.O. form to
appellant electronically at Transcript Order Form or US Mail as appropriate. Copy
of NOA to be sent US Mail to parties not electronically noticed. (Schepps, Gary)
(Entered: 12/2/2010)
12/3/2010 137
Emergency MOTION to Vacate re [130] Order, filed by Jeffrey Baron with
Brief/Memorandum in Support. (Schepps, Gary) Modified on 1/21/2011 (dnc).
(Entered: 12/3/2010)
12/3/2010 138
Emergency MOTION to Expedite Motion to Stay Pending Appeal filed by Jeffrey
Baron with Brief/Memorandum in Support. (Schepps, Gary) (Entered: 12/3/2010)
USCA5 28
Case: 10-11202 Document: 00511426994 Page: 29 Date Filed: 03/28/2011
12/3/2010 139
MOTION to Clarify the Receiver Order re [130] Order, filed by Receiver
(Attachments: # (1) Proposed Order) (Loh, Peter) (Entered: 12/3/2010)
12/3/2010 140
NOTICE OF CLAIM filed by Fee, Smith, Sharp & Vitullo, LLP. Party Darrell W.
Cook & Associates, P.C. added. (Davis, Stephen) (Entered: 12/3/2010)
12/6/2010 141
Second MOTION to Expedite Consideration for Emergency Relief (Docket #137)
filed by Jeffrey Baron (Schepps, Gary) (Entered: 12/6/2010)
12/7/2010 142
ORDER GRANTING [138], [141] MOTIONS FOR EMERGENCY
CONSIDERATION: Set/Reset Deadlines as to [139] MOTION to Clarify the
Receiver Order, [137] Motion to Stay. Responses due by 12/10/2010, Replies due
by 12/15/2010. Motion Hearing set for 12/17/2010 10:30 AM before Judge Royal
Furgeson. (Ordered by Judge Royal Furgeson on 12/7/2010) (dnc) (Entered:
12/7/2010)
12/8/2010 143
ORDER of USCA as to [136] Notice of Appeal, filed by Jeffrey Baron. Motion
for stay is denied without prejudice to its refiling as appropriate. (svc) (Entered:
12/8/2010)
12/10/2010 144
Waiver of Reply, Third MOTION to Expedite Ruling on Emergency Motion to
Vacate or Stay (Doc 137) filed by Jeffrey Baron (Schepps, Gary) (Entered:
12/10/2010)
12/10/2010 145
Second MOTION to Clarify the Receiver Order filed by Receiver (Golden, Barry)
(Entered: 12/10/2010)
12/10/2010 146
Appendix in Support filed by Receiver re [145] Second MOTION to Clarify the
Receiver Order (Golden, Barry) (Entered: 12/10/2010)
12/10/2010 147
MOTION to Terminate Order Appointing Special Master filed by Receiver
(Golden, Barry) (Entered: 12/10/2010)
12/10/2010 148
MOTION to Terminate Amended Order to Mediate Disputes Regarding Attorneys
Fees filed by Receiver (Golden, Barry) (Entered: 12/10/2010)
12/10/2010 149
ORDER denying [144] Motion to Expedite. (Ordered by Judge Royal Furgeson
on 12/10/2010) (Judge Royal Furgeson) (Entered: 12/10/2010)
12/10/2010 150
ORDER granting [145] Second Motion to Clarify the Receiver Order. (Ordered
by Judge Royal Furgeson on 12/10/2010) (Judge Royal Furgeson) (Entered:
12/10/2010)
12/10/2010 151 RESPONSE filed by Daniel J. Sherman re: [137] Emergency MOTION to Stay re
[130] Order, Terminate Motions, Add and Terminate Parties (Attachments: # (1)
Exhibit(s) 1, # (2) Exhibit(s) 2, # (3) Exhibit(s) 3, # (4) Exhibit(s) 4, # (5)
Exhibit(s) 5, # (6) Exhibit(s) 6-1, # (7) Exhibit(s) 6-2, # (8) Exhibit(s) 6-3, # (9)
Exhibit(s) 6-4, # (10) Exhibit(s) 6-5, # (11) Exhibit(s) 7, # (12) Exhibit(s) 8, # (13)
Exhibit(s) 9-1, # (14) Exhibit(s) 9-2, # (15) Exhibit(s) 9-3, # (16) Exhibit(s) 9-4, #
(17) Exhibit(s) 10, # (18) Exhibit(s) 11-1, # (19) Exhibit(s) 11-2, # (20) Exhibit(s)
11-3, # (21) Exhibit(s) 12, # (22) Exhibit(s) 13, # (23) Exhibit(s) 14, # (24)
USCA5 29
Case: 10-11202 Document: 00511426994 Page: 30 Date Filed: 03/28/2011
Exhibit(s) 15, # (25) Exhibit(s) 16, # (26) Exhibit(s) 17, # (27) Exhibit(s) 18, #
(28) Exhibit(s) 19, # (29) Exhibit(s) 20) (Hunt, Richard) (Entered: 12/10/2010)
12/10/2010 152
RESPONSE filed by Daniel J. Sherman re: [137] Emergency MOTION to Stay re
[130] Order, Terminate Motions, Add and Terminate Parties (Attachments: # (1)
Exhibit(s) 21, # (2) Exhibit(s) 22, # (3) Exhibit(s) 23, # (4) Exhibit(s) 24, # (5)
Exhibit(s) 25, # (6) Exhibit(s) 26, # (7) Exhibit(s) 27, # (8) Exhibit(s) 28, # (9)
Exhibit(s) 29, # (10) Exhibit(s) 30, # (11) Exhibit(s) 31, # (12) Exhibit(s) 32, #
(13) Exhibit(s) 33, # (14) Exhibit(s) 34, # (15) Exhibit(s) 35, # (16) Exhibit(s) 36,
# (17) Exhibit(s) 37, # (18) Exhibit(s) 38, # (19) Exhibit(s) 39, # (20) Exhibit(s)
40, # (21) Exhibit(s) 41, # (22) Exhibit(s) A, # (23) Exhibit(s) B, # (24) Exhibit(s)
C) (Hunt, Richard) (Entered: 12/10/2010)
12/10/2010 153
NOTICE of Attorney Appearance by Joshua Edward Cox on behalf of Novo Point
LLC, Quantec LLC. (Cox, Joshua) (Entered: 12/10/2010)
12/10/2010 154
RESPONSE AND OBJECTION filed by Novo Point LLC, Quantec LLC re:
[139] MOTION Clarify the Receiver Order re [130] Order, Terminate Motions,
Add and Terminate Parties (Cox, Joshua) (Entered: 12/10/2010)
12/12/2010 155
MOTION to Quash and Objection filed by Novo Point LLC, Quantec LLC
(Jackson, Thomas) (Entered: 12/12/2010)
12/13/2010 156
ELECTRONIC ORDER: It is hereby ORDERED that the above entitled and
numbered cause having been set for hearing on Friday, December 17, 2010 at
10:30 a.m is RE-SET for Friday, December 17, 2010 at 10:00 a.m. (Ordered by
Judge Royal Furgeson on 12/13/2010) (chmb) (Entered: 12/13/2010)
12/13/2010 157
Emergency MOTION to Expedite ruling on Doc. 137 necessitated by motion
included in Doc. 151. Emergency motion filed by Jeffrey Baron (Schepps, Gary)
(Entered: 12/13/2010)
12/13/2010 158
PROOF of Service for Subpoena served on Jeffrey Harbin on 12/10/2010. (mfw)
(Entered: 12/13/2010)
12/13/2010 159
RESPONSE filed by Daniel J. Sherman re: [137] Emergency MOTION to Stay re
[130] Order. (Hunt, Richard) Modified on 12/14/2010 (mfw). (Entered:
12/13/2010)
12/13/2010 160 Appendix in Support filed by Daniel J. Sherman of Response to Motion to Vacate
or Stay Appointment of Receiver (Attachments: # (1) Exhibit(s) A, # (2) Exhibit(s)
B, # (3) Exhibit(s) C, # (4) Exhibit(s) 1, # (5) Exhibit(s) 2, # (6) Exhibit(s) 3, # (7)
Exhibit(s) 4, # (8) Exhibit(s) 5, # (9) Exhibit(s) 6 Part 1, # (10) Exhibit(s) 6 Part 2,
# (11) Exhibit(s) 6 Part 3, # (12) Exhibit(s) 6 Part 4, # (13) Exhibit(s) 6 Part 5, #
(14) Exhibit(s) 7, # (15) Exhibit(s) 8, # (16) Exhibit(s) 9 Part 1, # (17) Exhibit(s) 9
Part 2, # (18) Exhibit(s) 9 Part 3, # (19) Exhibit(s) 9 Part 4, # (20) Exhibit(s) 10, #
(21) Exhibit(s) 11 Part 1, # (22) Exhibit(s) 11 Part 2, # (23) Exhibit(s) 11 Part 3, #
(24) Exhibit(s) 12, # (25) Exhibit(s) 13, # (26) Exhibit(s) 14, # (27) Exhibit(s) 15,
# (28) Exhibit(s) 16, # (29) Exhibit(s) 17, # (30) Exhibit(s) 18, # (31) Exhibit(s)
19, # (32) Exhibit(s) 20, # (33) Exhibit(s) 21, # (34) Exhibit(s) 22, # (35)
Exhibit(s) 23, # (36) Exhibit(s) 24, # (37) Exhibit(s) 25, # (38) Exhibit(s) 26, #
USCA5 30
Case: 10-11202 Document: 00511426994 Page: 31 Date Filed: 03/28/2011
(39) Exhibit(s) 27, # (40) Exhibit(s) 28, # (41) Exhibit(s) 29, # (42) Exhibit(s) 30,
# (43) Exhibit(s) 31, # (44) Exhibit(s) 32, # (45) Exhibit(s) 33, # (46) Exhibit(s)
34, # (47) Exhibit(s) 35, # (48) Exhibit(s) 36, # (49) Exhibit(s) 37, # (50)
Exhibit(s) 38, # (51) Exhibit(s) 39, # (52) Exhibit(s) 40, # (53) Exhibit(s) 41)
(Hunt, Richard) (Entered: 12/13/2010)
12/13/2010 161
ORDER denying [157] MOTION for Emergency Ruling on Motion to Stay
Pending Appeal. Motion Hearing re [137] Emergency Motion to Vacate Order
Appointing Receiver and in the Alternative, Motion for Stay Pending Appeal set
for 12/17/2010 10:00 AM beforeJudge Royal Furgeson. (See Order) (Ordered by
Judge Royal Furgeson on 12/13/2010) (skt) (Entered: 12/14/2010)
12/13/2010 162
ORDER granting [148] Motion to Terminate Amended Order to Mediate Disputes
Regarding Attorneys' Fees. (See Order) (Ordered by Judge Royal Furgeson on
12/10/2010) (skt) (Entered: 12/14/2010)
12/13/2010 163
ORDER granting [147] Motion to Terminate Order Appointing Special Master.
Peter S. Vogel is no longer Special Master in this case. (See Order) (Ordered by
Judge Royal Furgeson on 12/13/2010) (skt) (Entered: 12/14/2010)
12/13/2010 164
ORDER granting [155] Motion to Quash Subpoena. (See Order) (Ordered by
Judge Royal Furgeson on 12/13/2010) (skt) (Entered: 12/14/2010)
12/13/2010
USCA Case Number 10-11202 for [136] Notice of Appeal, filed by Jeffrey Baron.
(svc) (Entered: 12/14/2010)
12/15/2010 165
Emergency MOTION for Clarification of [161] Court Order filed by Jeffrey
Baron (Schepps, Gary) Modified on 12/15/2010 (twd). (Entered: 12/15/2010)
12/15/2010 166
ORDER GRANTING [165] EMERGENCY MOTION FOR CLARIFICATION:
Motion Hearing set for 12/17/2010 10:00 AM before Judge Royal Furgeson. (See
Order) (Ordered by Judge Royal Furgeson on 12/15/2010) (skt) (Entered:
12/15/2010)
12/15/2010 167
The Receiver's Report Concerning Mr. Baron's Interference and Reply in Support
of Motion to Clarify Receiver Order Report filed by Receiver (Golden, Barry)
Modified on 12/16/2010 (mfw). (Entered: 12/15/2010)
12/15/2010 168
Appendix in Support filed by Receiver re [167] MOTION The Receiver's Report
Concerning Mr. Baron's Interference and Reply in Support of Motion to Clarify
Receiver Order Report (Attachments: # (1) Additional Page(s) Part 2 of
Appendix, # (2) Additional Page(s) Part 3 of Appendix, # (3) Additional Page(s)
Part 4 of Appendix, # (4) Additional Page(s) Part 5 of Appendix) (Golden, Barry)
(Entered: 12/15/2010)
12/16/2010 169
AFFIDAVIT re [167] MOTION The Receiver's Report Concerning Mr. Baron's
Interference and Reply in Support of Motion to Clarify Receiver Order Report
Sworn Declaration of Sidney B. ("Sid") Chesnin by Sidney Bennett Chesnin.
(Attachments: # (1) Exhibit(s), # (2) Exhibit(s), # (3) Exhibit(s)) (Chesnin,
Sidney) (Entered: 12/16/2010)
USCA5 31
Case: 10-11202 Document: 00511426994 Page: 32 Date Filed: 03/28/2011
12/16/2010 170
Trustee's Request That The Court Take Judicial Notice filed by Daniel J. Sherman
(Attachments: # (1) Exhibit(s) 1, # (2) Exhibit(s) 2, # (3) Exhibit(s) 3) (Hunt,
Richard) (Entered: 12/16/2010)
12/16/2010 171
MOTION To Disqualify Mr. Urbanik filed by Jeffrey Baron with
Brief/Memorandum in Support. (Schepps, Gary) (Entered: 12/16/2010)
12/16/2010 172
RESPONSE filed by Daniel J. Sherman re: [171] MOTION To Disqualify Mr.
Urbanik (Hunt, Richard) (Entered: 12/16/2010)
12/16/2010 173
TRANSCRIPT REQUEST by Jeffrey Baron for proceedings held on 11-24-2010
before Judge Furgeson. (Schepps, Gary) (Entered: 12/16/2010)
12/16/2010 174
Emergency MOTION to Compel Deletion of Domain Names filed by Novo Point
LLC, Quantec LLC (Cox, Joshua) (Entered: 12/16/2010)
12/16/2010 175
Emergency MOTION for Hearing re [174] Emergency MOTION to Compel
Deletion of Domain Names on Shortened Notice filed by Novo Point LLC,
Quantec LLC (Cox, Joshua) (Entered: 12/16/2010)
12/17/2010 176
ORDER granting [139] MOTION to Clarify the Receiver Order re [130] Order.
(See Order) (Ordered by Judge Royal Furgeson on 12/17/2010) (mfw) (Entered:
12/17/2010)
12/17/2010 177
ORDER REQUIRING NON-RENEWAL OF MONEY-LOSING DOMAIN
NAMES. (see order for specifics) (Ordered by Judge Royal Furgeson on
12/17/2010) (tln) (Entered: 12/17/2010)
12/17/2010 178
***PROPOSED ORDER*** MOTION proposed Order Granting the Receivers
Motion to Clarify The Receiver Order with Respect to Jeffrey Baron as per Judge
request filed by Receiver (Golden, Barry) Modified on 12/20/2010 (mfw).
(Entered: 12/17/2010)
12/20/2010
ELECTRONIC Minute Entry for proceedings held before Judge Royal Furgeson:
Motion Hearing held on 12/17/2010 re [137] Motion to Stay filed by Jeffrey
Baron. The court hears from counsel on various issues. After hearing from
counsel, the court informs the parties that this hearing will be reset for Tuesday,
January 4, 2011 at 9:00 a.m. At this hearing the court will hear from live
witnesses. Courts in recess. (Court Reporter: Cass Casey) (No exhibits) Time in
Court - 2:25. (chmb) (Entered: 12/20/2010)
12/20/2010 179
ORDER of USCA as to [136] Notice of Appeal, filed by Jeffrey Baron. Renewed
motion for stay pending appeal is DENIED. (svc) (Entered: 12/21/2010)
12/23/2010 180
Third MOTION to Clarify the Receiver Order filed by Receiver (Attachments: #
(1) Proposed Order) (Golden, Barry) Modified on 12/27/2010 (skt). (Entered:
12/23/2010)
12/23/2010 181
AFFIDAVIT Declaration of Thomas P. Jackson by Novo Point LLC, Quantec
LLC. (Jackson, Thomas) (Entered: 12/23/2010)
USCA5 32
Case: 10-11202 Document: 00511426994 Page: 33 Date Filed: 03/28/2011
12/23/2010 182
OBJECTION filed by Gary Schepps re: [167] MOTION The Receiver's Report
Concerning Mr. Baron's Interference and Reply in Support of Motion to Clarify
Receiver Order Report, [178] MOTION proposed Order Granting the Receivers
Motion to Clarify The Receiver Order with Respect to Jeffrey Baron as per Judge
request (Schepps, Gary) (Entered: 12/23/2010)
12/24/2010 183
MOTION to Strike [172] Response/Objection filed by Jeffrey Baron (Schepps,
Gary) (Entered: 12/24/2010)
12/27/2010 184
AFFIDAVIT Declaration of Jeffrey Harbin by Novo Point LLC, Quantec LLC.
(Cox, Joshua) (Entered: 12/27/2010)
12/27/2010 185
AFFIDAVIT Declaration of James Eckels by Novo Point LLC, Quantec LLC.
(Cox, Joshua) (Entered: 12/27/2010)
12/27/2010 186
AFFIDAVIT Declaration of Joshua Cox by Novo Point LLC, Quantec LLC.
(Cox, Joshua) (Entered: 12/27/2010)
12/27/2010 187
REPLY filed by Jeffrey Baron re: [171] MOTION To Disqualify Mr. Urbanik
(Schepps, Gary) (Entered: 12/27/2010)
12/29/2010 188
NOTICE of Employment of Joshua Cox as Consultant to the Receiver filed by
Receiver (Golden, Barry) (Entered: 12/29/2010)
12/29/2010 189
NOTICE of Employment of James M. Eckels as Consultant to the Receiver filed
by Receiver (Golden, Barry) (Entered: 12/29/2010)
12/29/2010 190
MOTION for Reimbursement of Fees Incurred by Receivership Professional
Joshua Cox filed by Receiver (Golden, Barry) Modified on 12/30/2010 (axm).
(Entered: 12/29/2010)
12/30/2010 191
Receiver's Report of Work Performed in November 2010 filed by Receiver
(Golden, Barry) Modified on 1/3/2011 (skt). (Entered: 12/30/2010)
12/30/2010 192
First Application for Reimbursement of Fees and Expenses Incurred by the
Receiver filed by Receiver (Golden, Barry) Modified on 1/3/2011 (skt). (Entered:
12/30/2010)
12/30/2010 193
MOTION for Reimbursement of Fees and Expenses Incurred by Gardere Wynne
Sewell filed by Receiver. (Golden, Barry) (Entered: 12/30/2010)
12/30/2010 194
MOTION for Leave to File Documents Under Seal filed by Receiver (Golden,
Barry) (Entered: 12/30/2010)
12/31/2010 195
RESPONSE filed by Daniel J. Sherman re: [183] MOTION to Strike [172]
Response/Objection (Attachments: # (1) Exhibit 1) (Urbanik, Raymond) (Entered:
12/31/2010)
1/3/2011 196
First MOTION for Reimbursement of Fees Incurred by Receivership Professional
James Eckels filed by Receiver (Golden, Barry) (Entered: 1/3/2011)
USCA5 33
Case: 10-11202 Document: 00511426994 Page: 34 Date Filed: 03/28/2011
1/3/2011 197
NOTICE Letter report to Court concerning representation of Jeff Baron in the
Ondova Bankruptcy filed by Martin K Thomas. Party Martin K. Thomas added.
(Thomas, Martin) (Entered: 1/3/2011)
1/3/2011 198
REPLY filed by Jeffrey Baron re: [183] MOTION to Strike [172]
Response/Objection (Schepps, Gary) (Entered: 1/3/2011)
1/3/2011 199
MOTION for Order Confirming Propriety of Fund Management filed by Receiver
(Golden, Barry) (Entered: 1/3/2011)
1/3/2011 200
Appendix in Support filed by Receiver re [199] MOTION for Order Confirming
Propriety of Fund Management (Golden, Barry) (Entered: 1/3/2011)
1/4/2011 201
MOTION to Strike [118] Notice (Other) filed by Jeffrey Baron with
Brief/Memorandum in Support. (Schepps, Gary) (Entered: 1/4/2011)
1/4/2011 202
MOTION to Vacate [119] Order Adopting Findings and Recommendations filed
by Jeffrey Baron with Brief/Memorandum in Support. (Schepps, Gary) (Entered:
1/4/2011)
1/4/2011 203
TRIAL BRIEF for January 4, 2011 Hearing by Jeffrey Baron. (Schepps, Gary)
(Entered: 1/4/2011)
1/5/2011 204
RESPONSE filed by Daniel J. Sherman re: [203] Trial Brief (Hunt, Richard)
(Entered: 1/5/2011)
1/5/2011 205
RESPONSE filed by Gary Schepps re: [167] MOTION The Receiver's Report
Concerning Mr. Baron's Interference and Reply in Support of Motion to Clarify
Receiver Order Report (Schepps, Gary) (Entered: 1/5/2011)
1/6/2011 206
TRIAL BRIEF by Jeffrey Baron. (Schepps, Gary) (Entered: 1/6/2011)
1/6/2011 207
MOTION for Leave to File Plaintiffs' Proposed Findings of Fact in Conjunction
with Denial of Jeffrey Baron's Emergency Motion to Vacate Order Appointing
Receiver filed by Munish Krishan, Manila Industries Inc, Netsphere Inc
(Attachments: # (1) Exhibit(s) ) (MacPete, John) (Entered: 1/6/2011)
1/6/2011 208
Emergency MOTION for Independent Medical Examination filed by Receiver
(Golden, Barry) (Entered: 1/6/2011)
1/6/2011 209
Appendix in Support filed by Receiver re [208] MOTION Emergency Motion for
Independent Medical Examination (Golden, Barry) (Entered: 1/6/2011)
1/6/2011 210
REPLY filed by Receiver re: [178] MOTION proposed Order Granting the
Receivers Motion to Clarify The Receiver Order with Respect to Jeffrey Baron as
per Judge request (Golden, Barry) (Entered: 1/6/2011)
1/6/2011 211
Appendix in Support filed by Receiver re [210] Reply in Support of Proposed
Order to Compel Baron's Cooperation (Golden, Barry) (Entered: 1/6/2011)
USCA5 34
Case: 10-11202 Document: 00511426994 Page: 35 Date Filed: 03/28/2011
1/7/2011 212
Corrected Post trial Letter Brief. Replaces yesterday's filing. Correction of
typographical errors. No content changes, by Jeffrey Baron. (Schepps, Gary)
(Entered: 1/7/2011)
1/7/2011 213
Notice of Correction of Signature Omission, correcting signature omission in
[209] Appendix in Support filed by Peter S Vogel. (Golden, Barry) (Entered:
1/7/2011)
1/7/2011 214
NOTICE Counsel for Jeffrey Baron's Report Regarding Movant's Participation in
Psychotherapy filed by Jeffrey Baron (Attachments: # (1) Additional Page(s)
Letter from Dr. Ingram) (Barrett, Peter) (Entered: 1/7/2011)
1/7/2011 215
Supplemental Document by Peter S Vogel as to [208] MOTION Emergency
Motion for Independent Medical Examination (Supplemental Certificate of
Conference and Suggestions for an Order Relating to Emergency Motion for
Independent Medical Examination). (Golden, Barry) (Entered: 1/7/2011)
1/7/2011 216
Brief/Memorandum in Support filed by Daniel J. Sherman re [206] Trial Brief
Second Letter to Judge Furgeson in Response to Baron's Trial Brief filed on
January 6, 2011 (Hunt, Richard) (Entered: 1/7/2011)
1/7/2011 217
MOTION The Receiver's Second Application for Reimbursement of Fees
Incurred by Receivership Professional Joshua Cox filed by Receiver (Golden,
Barry) (Entered: 1/7/2011)
1/7/2011 219
ORDER WITHDRAWING GARY LYON AS COUNSEL OF RECORD FOR
DEFENDANT JEFFREY BARON Attorney Gary Gene Lyon terminated.
(Ordered by Judge Royal Furgeson on 1/7/2011) (dnc) (Entered: 1/10/2011)
1/9/2011 218
Letter brief reply to Mr. Hunt's response letter brief by Jeffrey Baron. (Schepps,
Gary) (Entered: 1/9/2011)
1/10/2011 220
ORDER DENYING [208] Emergency MOTION for Independent Medical
Examination for Jeffery Baron. (see order) (Ordered by Judge Royal Furgeson on
1/10/2011) (mcr) (Entered: 1/11/2011)
1/12/2011 221
MOTION Receiver's Motion for Reimbursement of Additional Personal Funds
filed by Receiver (Golden, Barry) (Entered: 1/12/2011)
1/14/2011 ELECTRONIC Minute Entry for proceedings held before Judge Royal Furgeson:
Evidentiary Hearing held on 1/4/2011. Court takes up reimbursement fees of
James Eckels with the parties. Court dismisses Gary Lyon from further
representation of Mr. Baron.Order to this effect to be entered. Court begins
testimony of witnesses. Mr. Barrett calls Gary Lyon(sworn in) to the stand. Mr.
Roossien on cross examination of Mr. Lyon. Court admits trustee's exhibits(48,49
& 50). Mr. MacPete on cross examination of Mr. Lyon's. Mr. Barrett calls Dean
Ferguson(sworn in) to the stand. Mr. Roossien on cross examination of Mr.
Ferguson. Court admits trustee's exhibits(2,4 thru 10, 12, 13, 18 thur 41). Mr.
MacPete on cross examination of Mr. Ferguson. Mr. Barrett calls Sid
Chesnin(sworn in) to the stand. Court admits plaintiff's exhibit 1 & 2). Mr.
Roossien on cross examination of Mr. Chesnin. Mr. MacPete on cross
USCA5 35
Case: 10-11202 Document: 00511426994 Page: 36 Date Filed: 03/28/2011
examination of Mr. Chesnin. Court takes recess for lunch. Mr. Barrett
callsWilliam Tedford(sworn in) to the stand. Mr. Roossien on cross examination
of Mr. Tedford. Mr. MacPete on cross examination of Mr. Tedford. Mr. Golden
on cross examination of Mr. Tedford. Mr. Barrett calls Gerrit Pronske(sworn in)
to the stand. Courtadmits plaintiff's exhibits (3,4 & 5). Mr. Roossien on cross
examination of Mr. Pronske. Court admits trustee's exhibits (51,1,14,15,16,& 17).
Mr. MacPete on cross examination of Mr. Pronske. No witnesses called on behalf
of Mr. Roossien. Mr. MacPete calls Jeffrey Baron(sworn in) to the stand. Hearing
concluded, courts in recess. Attorney Appearances: Plaintiff - Gary Schepps, Peter
Barrett; Defense - John MacPete. (Court Reporter: Cass Casey) (Exhibits
admitted) Time in Court - 5:57. (chmb) (Entered: 1/14/2011)
1/14/2011 222
RESPONSE filed by Daniel J. Sherman re: [202] MOTION to Vacate [119] Order
Adopting Findings and Recommendations, [201] MOTION to Strike [118] Notice
(Other) (Urbanik, Raymond) (Entered: 1/14/2011)
1/14/2011 223
List of Witnesses. (twd) (Entered: 1/14/2011)
1/14/2011 224
List of Witnesses. (twd) (Entered: 1/14/2011)
1/14/2011 225
Defendant's Exhibits (twd) (Entered: 1/14/2011)
1/14/2011 226
Trustee's Exhibit List (twd) (Entered: 1/14/2011)
1/18/2011 227
NOTICE OF INTERLOCUTORY APPEAL to the Fifth Circuit as to [176] Order
on Motion for Miscellaneous Relief, [177] Order, Terminate Motions by Novo
Point LLC, Quantec LLC. Filing fee $455, receipt number 0539-3675492. T.O.
form to appellant electronically at Transcript Order Form or US Mail as
appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed.
(Schepps, Gary) (Entered: 1/18/2011)
1/18/2011 228
RESPONSE AND OBJECTION filed by Novo Point LLC, Quantec LLC re:
[192] First Application for Reimbursement of Fees and Expenses Incurred by the
Receiver (Jackson, Thomas) (Entered: 1/18/2011)
1/18/2011 229
OBJECTION filed by Novo Point LLC, Quantec LLC re: [217] MOTION The
Receiver's Second Application for Reimbursement of Fees Incurred by
Receivership Professional Joshua Cox (Jackson, Thomas) (Entered: 1/18/2011)
1/19/2011 230
The Receiver's Report of Work Performed in December 2010 filed by Receiver
(Golden, Barry) Modified on 1/20/2011 (mfw). (Entered: 1/19/2011)
1/19/2011 231
RESPONSE AND OBJECTION filed by Jeffrey Baron re: [190] MOTION for
Reimbursement of Fees Incurred by Receivership Professional Joshua Cox
(Schepps, Gary) (Entered: 1/19/2011)
1/20/2011 232
USCA5 36
Case: 10-11202 Document: 00511426994 Page: 37 Date Filed: 03/28/2011
Emergency MOTION Seal filed by Jeffrey Baron (Schepps, Gary) (Entered:
1/20/2011)
1/20/2011 233
NOTICE OF FILING OF OFFICIAL ELECTRONIC TRANSCRIPT of Hearing
on Motion for Emergency Stay Proceedings held on 1-4-11 before Judge
Furgeson. Court Reporter/Transcriber Cassidi Casey, Telephone number
Cassidi45@aol.com. Parties are notified oftheir duty to review the transcript. A
copy may be purchased from the court reporter or viewed at the clerk's office
public terminal. If redaction is necessary, a Redaction Request - Transcript must
be filed within 21 days. If no such Request is filed, the transcript will be made
available via PACER without redaction after 90 calendar days. If redaction
request filed, this transcript will not be accessible via PACER; see redacted
transcript. The clerk will mail a copy of this notice to parties not electronically
noticed. Redaction Request due 2/10/2011. Redacted Transcript Deadline set for
2/22/2011. Release of Transcript Restriction set for 4/20/2011. (clc) (Entered:
1/20/2011)
1/20/2011 234
Emergency MOTION to Strike [227] Notice of Appeal, Purportedly Filed on
Behalf of the LLCs, and for Gary Schepps to Show Authority filed by Receiver
(Golden, Barry) (Entered: 1/20/2011)
1/20/2011 235
Appendix in Support filed by Receiver re [234] Emergency MOTION to Strike
[227] Notice of Appeal, Purportedly Filed on Behalf of the LLCs, and for Gary
Schepps to Show Authority (Golden, Barry) (Entered: 1/20/2011)
1/20/2011 236
RESPONSE AND OBJECTION filed by Jeffrey Baron, Novo Point LLC,
Quantec LLC re: [192] First Application for Reimbursement of Fees and
Expenses Incurred by the Receiver, [193] MOTION for Reimbursement of Fees
and Expenses Incurred by Gardere Wynne Sewell (Schepps, Gary) (Entered:
1/20/2011)
1/21/2011 237
Emergency MOTION Pay server fees filed by Jeffrey Baron (Schepps, Gary)
(Entered: 1/21/2011)
1/21/2011 238
Amended MOTION for Leave to File Entry of Proposed Findings of Fact in
Conjunction with Denial of Jeffrey Baron's Emergency Motion to Vacate Order
Appointing Receiver filed by Munish Krishan, Manila Industries Inc, Netsphere
Inc (Attachments: # (1) Exhibit(s), # (2) Exhibit(s)) (MacPete, John) Modified on
1/24/2011 (dnc). (Entered: 1/21/2011)
1/21/2011 239
Amended Document (EXHIBIT B) by Munish Krishan, Manila Industries Inc,
Netsphere Inc. re [238] Amended MOTION for Entry of Proposed Findings of
Fact in Conjunction with Denial of Jeffrey Baron's Emergency Motion to Vacate
Order Appointing Receiver. (MacPete, John) Modified on 1/24/2011 (dnc).
(Entered: 1/21/2011)
1/21/2011 240
STATUS REPORT Trustee's Report Regarding Mr. Baron's Health Insurance
filed by Daniel J. Sherman. (Attachments: # (1) Exhibit(s) A) (Urbanik,
Raymond) (Entered: 1/21/2011)
1/24/2011 241
USCA5 37
Case: 10-11202 Document: 00511426994 Page: 38 Date Filed: 03/28/2011
MOTION for Clarification of Receiver Order filed by Receiver with
Brief/Memorandum in Support. (Attachments: # (1) Exhibit(s) Appendix)
(Golden, Barry) Modified on 1/25/2011 (mfw). (Entered: 1/24/2011)
1/24/2011 242
MOTION for Permission to Sell Domain Names filed by Receiver with
Brief/Memorandum in Support. (Golden, Barry) Modified on 1/25/2011 (mfw).
(Entered: 1/24/2011)
1/24/2011 243
Joint MOTION to Renew Certain Money Losing Domain Names filed by
Receiver with Brief/Memorandum in Support. (Golden, Barry) Modified on
1/25/2011 (mfw). (Entered: 1/24/2011)
1/24/2011 244
RESPONSE AND OBJECTION filed by Jeffrey Baron, Novo Point LLC,
Quantec LLC re: [196] First MOTION for Reimbursement of Fees Incurred by
Receivership Professional James Eckels (Schepps, Gary) (Entered: 1/24/2011)
1/24/2011 245
Joint MOTION to Strike [199] MOTION for Order Confirming Propriety of Fund
Management and Response filed by Jeffrey Baron, Novo Point LLC, Quantec
LLC with Brief/Memorandum in Support. (Schepps, Gary) (Entered: 1/24/2011)
1/24/2011 246
ORDER denying [234] Emergency MOTION to Strike [227] Notice of Appeal,
Purportedly Filed on Behalf of the LLCs, and for Gary Schepps to Show
Authority. (Ordered by Judge Royal Furgeson on 1/24/2011) (mfw) (Entered:
1/25/2011)
1/24/2011 247
ORDER denying [232] Emergency MOTION to Seal. (Ordered by Judge Royal
Furgeson on 1/24/2011) (mfw) (Entered: 1/25/2011)
1/24/2011
RESPONSE filed by Jeffrey Baron, Novo Point LLC, Quantec LLC re: [199]
MOTION for Order Confirming Propriety of Fund Management (See [245] for
image) (dnc) (Entered: 1/25/2011)
1/25/2011
Record on Appeal for USCA5 10-11202 (related to [227], [136] appeal): Record
consisting of: 17 ECF electronic record, 8 Volume(s) electronic transcript, Sealed
or ex parte document number(s): 6,8,10,11,12,20, 22,29 (circuit approval is
required for access), certified to USCA. To request a copy of the record (on disk
or on paper), contact the appeals deputy in advance to arrange delivery. (svc)
(Entered: 1/25/2011)
1/25/2011 248
MOTION for Gary Schepps to Show Authority to Represents the LLCs filed by
Receiver with Brief/Memorandum in Support. (Attachments: # (1) Exhibit(s)
Appendix) (Golden, Barry) Modified on 1/26/2011 (skt). (Entered: 1/25/2011)
1/27/2011 249
RESPONSE filed by Daniel J. Sherman re: [237] Emergency MOTION Pay
server fees (Attachments: # (1) Exhibit(s) A, # (2) Exhibit(s) B, # (3) Exhibit(s)
C) (Urbanik, Raymond) (Entered: 1/27/2011)
1/27/2011 250
REPLY filed by Receiver re: [245] Joint MOTION to Strike [199] MOTION for
Order Confirming Propriety of Fund Management and Response (Golden, Barry)
(Entered: 1/27/2011)
USCA5 38
Case: 10-11202 Document: 00511426994 Page: 39 Date Filed: 03/28/2011
1/27/2011 251
Appendix in Support filed by Receiver re [250] Reply in Support of Motion for
Order Confirming Propriety of Fund Management [199] and Response to Motion
to Strike [245] (Golden, Barry) (Entered: 1/27/2011)
1/27/2011 252
RESPONSE AND OBJECTION filed by Jeffrey Baron, Novo Point LLC,
Quantec LLC re: [207] MOTION for Leave to File Plaintiffs' Proposed Findings
of Fact in Conjunction with Denial of Jeffrey Baron's Emergency Motion to
Vacate Order Appointing Receiver (Schepps, Gary) (Entered: 1/27/2011)
1/28/2011 253
REPLY filed by Jeffrey Baron re: [202] MOTION to Vacate [119] Order
Adopting Findings and Recommendations, [201] MOTION to Strike [118] Notice
(Other) (Schepps, Gary) (Entered: 1/28/2011)
1/28/2011 254
NOTICE of the Receiver's Progress Towards Resolving Attorney Claims filed by
Receiver (Golden, Barry) (Entered: 1/28/2011)
1/28/2011 255
Appendix in Support filed by Receiver re [254] Notice (Other) of Receiver's
Progress Towards Resolving Attorney Claims (Golden, Barry) (Entered:
1/28/2011)
1/28/2011 256
The Receiver's Third Joshua Cox Fee Application filed by Receiver (Golden,
Barry) Modified on 1/31/2011 (mfw). (Entered: 1/28/2011)
1/31/2011
Supplemental Record on Appeal for USCA5 10-11202 (related to [227], [136]
appeal): Record consisting of: 1 ECF electronic record, certified to USCA. To
request a copy of the record (on disk or on paper), contact the appeals deputy in
advance to arrange delivery. (svc) (Entered: 1/31/2011)
1/31/2011 257
MOTION to Restart 10-Day Clock to File Miscellaneous Actions filed by
Receiver (Golden, Barry) (Entered: 1/31/2011)
1/31/2011 258
MOTION for Order Granting Second Gardere Fee Application filed by Receiver
(Golden, Barry) (Entered: 1/31/2011)
1/31/2011 259
MOTION for Order Granting the Second Receiver Fee Application filed by
Receiver (Golden, Barry) (Entered: 1/31/2011)
2/1/2011 260
TRANSCRIPT REQUEST (with transcript attached) by Novo Point LLC,
Quantec LLC for proceedings held on 12/17/2010 before Judge Royal Furgeson.
(Schepps, Gary) (Entered: 2/1/2011)
2/2/2011 261
RESPONSE filed by Jeffrey Baron, Novo Point LLC, Quantec LLC re: [221]
MOTION Receiver's Motion for Reimbursement of Additional Personal Funds
(Schepps, Gary) (Entered: 2/2/2011)
2/3/2011 262
REPLY filed by Receiver re: [221] MOTION Receiver's Motion for
Reimbursement of Additional Personal Funds (Golden, Barry) (Entered: 2/3/2011)
2/3/2011 268
ORDER denying [137] Emergency Motion to Vacate Order Appointing Receiver
(Ordered by Judge Royal Furgeson on 2/3/2011) (gmg) (Entered: 2/4/2011)
USCA5 39
Case: 10-11202 Document: 00511426994 Page: 40 Date Filed: 03/28/2011
2/3/2011 270
ORDER granting [170] Trustee's Request That The Court Take Judicial Notice.
(Ordered by Judge Royal Furgeson on 2/3/2011) (dnc) (Entered: 2/7/2011)
2/3/2011 271
ORDER denying [171] Motion To Disqualify Mr. Urbanik. (Ordered by Judge
Royal Furgeson on 2/3/2011) (dnc) (Entered: 2/7/2011)
2/3/2011 272
ORDER granting [180] Third MOTION to Clarify the Receiver Order. (Ordered
by Judge Royal Furgeson on 2/3/2011) (dnc) (Entered: 2/7/2011)
2/3/2011 273
ORDER denying [183] Motion to Strike. (Ordered by Judge Royal Furgeson on
2/3/2011) (dnc) (Entered: 2/7/2011)
2/3/2011 274
ORDER granting [190] Motion for Reimbursement of Fees Incurred by
Receivership Professional Joshua Cox. (Ordered by Judge Royal Furgeson on
2/3/2011) (axm) (Entered: 2/7/2011)
2/3/2011 275
ORDER granting [192] Motion for Reimbursement of Fees and Expenses
Incurred by the Receiver. (Ordered by Judge Royal Furgeson on 2/3/2011) (axm)
(Entered: 2/7/2011)
2/3/2011 276
ORDER granting [193] Motion for Reimbursement of Fees and Expenses
Incurred by Gardere Wynne Sewell. (Ordered by Judge Royal Furgeson on
2/3/2011) (axm) (Entered: 2/7/2011)
2/3/2011 277
ORDER granting [194] Motion for Leave to File Documents Under Seal.
(Ordered by Judge Royal Furgeson on 2/3/2011) (axm) (Entered: 2/7/2011)
2/3/2011 278
ORDER granting [196] Motion for Reimbursement of Fees Incurred by
Receivership Professional James Eckels. (Ordered by Judge Royal Furgeson on
2/3/2011) (axm) (Entered: 2/7/2011)
2/3/2011 279
ORDER granting [199] Motion for Order Confirming Propriety of Fund
Management. (Ordered by Judge Royal Furgeson on 2/3/2011) (axm) (Entered:
2/7/2011)
2/3/2011 280
ORDER denying [201] Motion to Strike Notice of Transmittal Regarding
Withdrawal of Reference to Clarify Record for Hearing on Stay Pending Appeal.
(Ordered by Judge Royal Furgeson on 2/3/2011) (axm) (Entered: 2/7/2011)
2/3/2011 281
ORDER denying [202] Motion to Vacate Order Adopting United States
Bankruptcy Report and Recommendation to Clarify Record for Hearing on Stay
Pending Appeal. (Ordered by Judge Royal Furgeson on 2/3/2011) (axm) (Entered:
2/7/2011)
2/3/2011 282
ORDER denying [207] Plaintiffs' Request for Entry of Proposed Findings of Fact.
(Ordered by Judge Royal Furgeson on 2/3/2011) (axm) (Entered: 2/7/2011)
2/3/2011 283
ORDER granting [217] Second Application for Reimbursement of Fees Incurred
by Receivership Professional Joshua Cox. (Ordered by Judge Royal Furgeson on
2/3/2011) (axm) (Entered: 2/7/2011)
USCA5 40
Case: 10-11202 Document: 00511426994 Page: 41 Date Filed: 03/28/2011
2/3/2011 284
ORDER granting [221] Motion for Reimbursement of Additional Personal Funds.
(Ordered by Judge Royal Furgeson on 2/3/2011) (axm) (Entered: 2/7/2011)
2/4/2011 263
MOTION for Leave to File Sur-reply re doc 221 filed by Jeffrey Baron, Novo
Point LLC, Quantec LLC with Brief/Memorandum in Support. (Schepps, Gary)
(Entered: 2/4/2011)
2/4/2011 264
Emergency MOTION clarify order and for further emergency relief re [219]
Order, Add and Terminate Attorneys filed by Jeffrey Baron, Novo Point LLC,
Quantec LLC (Schepps, Gary) (Entered: 2/4/2011)
2/4/2011 265
ELECTRONIC ORDER: It is hereby ORDERED that the above numbered case is
set for hearing on Emergency Motion to Clarify(doc.#264) on Wednesday,
February 9, 2011 at 2:00 p.m. in Courtroom 1310. (Ordered by Judge Royal
Furgeson on 2/4/2011) (chmb) (Entered: 2/4/2011)
2/4/2011 266
MOTION for Order Granting Receiver's Fourth Cox Fee Application filed by
Receiver (Golden, Barry) (Entered: 2/4/2011)
2/4/2011 267
RESPONSE filed by Receiver re: [263] MOTION for Leave to File Sur-reply re
doc 221 (Golden, Barry) (Entered: 2/4/2011)
2/4/2011 285
ORDER denying [237] Emergency Motion to Pay Server Fees. (Ordered by Judge
Royal Furgeson on 2/4/2011) (axm) (Entered: 2/7/2011)
2/4/2011 286
ORDER denying [238] Plaintiff's Amended Motion for Leave to File Proposed
Findings of Fact. (Ordered by Judge Royal Furgeson on 2/4/2011) (axm)
(Entered: 2/7/2011)
2/4/2011 287
ORDER granting [241] Fourth Motion for Clarification of Receiver Order.
(Ordered by Judge Royal Furgeson on 2/4/2011) (axm) (Entered: 2/7/2011)
2/4/2011 288
ORDER granting [242] Motion to Permit Sales of Domain Names. (Ordered by
Judge Royal Furgeson on 2/4/2011) (axm) (Entered: 2/7/2011)
2/4/2011 289
ORDER granting [243] Joint Verified Motion to Renew Certain Money Losing
Domain Names. (Ordered by Judge Royal Furgeson on 2/4/2011) (axm) (Entered:
2/7/2011)
2/4/2011 290
ORDER denying [245] Defendant Jeffery Baron's Motion to Strike the Receiver's
Motion for Order Confirming Propriety of Fund Management. (Ordered by Judge
Royal Furgeson on 2/4/2011) (axm) (Entered: 2/7/2011)
2/4/2011 291
ORDER granting [248] Emergency Motion for Gary Schepps to Show Authority
to Represents the LLCs. (Ordered by Judge Royal Furgeson on 2/4/2011) (axm)
(Entered: 2/7/2011)
2/4/2011 292
ORDER granting [256] The Receiver's Third Joshua Cox Fee Application.
(Ordered by Judge Royal Furgeson on 2/4/2011) (axm) (Entered: 2/7/2011)
USCA5 41
Case: 10-11202 Document: 00511426994 Page: 42 Date Filed: 03/28/2011
2/4/2011 293
ORDER granting [257] Motion to Restart 10-Day Clock to File Miscellaneous
Actions. (Ordered by Judge Royal Furgeson on 2/4/2011) (axm) (Entered:
2/7/2011)
2/4/2011 294
ORDER granting [258] Motion for Second Gardere Fee Application. (Ordered by
Judge Royal Furgeson on 2/4/2011) (axm) (Entered: 2/7/2011)
2/4/2011 295
ORDER granting [259] Motion for Second Receiver Fee Application. (Ordered by
Judge Royal Furgeson on 2/4/2011) (axm) (Entered: 2/7/2011)
2/4/2011 296
ORDER denying [263] Joint Motion for Leave to File a Sur-Reply to Receiver's
Motion for Reimbursement of Additional Personal Funds. (Ordered by Judge
Royal Furgeson on 2/4/2011) (axm) (Entered: 2/7/2011)
2/6/2011 269
Emergency MOTION clarification of receivership order filed by Novo Point
LLC, Quantec LLC (Attachments: # (1) Exhibit(s)) (Jackson, Thomas) (Entered:
2/6/2011)
2/7/2011
2nd Supplemental Record on Appeal for USCA5 10-11202 (related to [227],
[136] appeal): Record consisting of: 2 ECF electronic record, certified to USCA.
To request a copy of the record (on disk or on paper), contact the appeals deputy
in advance to arrange delivery. (svc) (Entered: 2/7/2011)
2/7/2011
(p.44)
297
ORDER GRANTING THE RECEIVER'S FOURTH COX FEE APPLICATION.
(Ordered by Judge Royal Furgeson on 2/7/2011) (tln) (Entered: 2/8/2011)
2/8/2011
(p.45)
298
RESPONSE filed by Receiver re: [264] Emergency MOTION clarify order and
for further emergency relief re [219] Order, Add and Terminate Attorneys
(Golden, Barry) (Entered: 2/8/2011)
2/8/2011
(p.69)
299
Appendix in Support filed by Receiver re [298] Response/Objection Response to
Jeffrey Baron's Twelfth Emergency Since Entry of the Receivership (Golden,
Barry) (Entered: 2/8/2011)
2/8/2011 300
ELECTRONIC ORDER: It is hereby ORDERED that the above entitled
numbered case set for hearing on Wednesday, February 9, 2011 at 2:00 p.m. is
hereby reset for Thursday, February 10, 2011 at 2:30 p.m. (Ordered by Judge
Royal Furgeson on 2/8/2011) (chmb) (Entered: 2/8/2011)
2/8/2011
(p.101)
301
RESPONSE filed by Receiver re: [264] Emergency MOTION clarify order and
for further emergency relief re [219] Order, Add and Terminate Attorneys
(Golden, Barry) (Entered: 2/8/2011)
2/8/2011
(p.125)
302
MOTION for Leave to File Response [to Dkt. 269] in Excess of 25 Pages and
Request for Expedited Consideration filed by Receiver (Golden, Barry) (Entered:
2/8/2011)
2/8/2011
(p.128)
303
Appendix in Support filed by Receiver re [302] MOTION for Leave to File
Response [to Dkt. 269] in Excess of 25 Pages and Request for Expedited
Consideration (Golden, Barry) (Entered: 2/8/2011)
USCA5 42
Case: 10-11202 Document: 00511426994 Page: 43 Date Filed: 03/28/2011
2/9/2011 305
ELECTRONIC ORDER granting [302] Motion for Leave to File Response [to
Dkt. 269] in Excess of 25 Pages. (Ordered by Judge Royal Furgeson on 2/9/2011)
(Judge Royal Furgeson) (Entered: 2/9/2011)
USCA5 43
I I
Case: 10-11202 Document: 00511426994 Page: 44 Date Filed: 03/28/2011
Case 3:09-cv-00988-F Document 124 Filed 11/24/10 Page 1 of 14 PageID 2067
IN
THE
UNITED
STATES
DISTRICT
COURT
FOR
THE
NORTHERN
DISTRICT
OF
TEXAS
DALLAS
DIVISION
NETSPHERE
INC.,
§
§
§
§
§
§
§
§
§
MANILA
INDUSTRIES,
INC.;
and
MUNISH
KRISHAN
Plaintiffs,
vs.
JEFFREY
BARON
and
ONDOVA
LIMITED
COMPANY,
Defendants
CIVIL
ACTION
NO.
3-09CV0988-F
ORDER
APPOINTING
RECEIVER
The
Court
hereby
appoints
a
receiver
and
imposes
an
ancillary relief
to
assist
the
receiver
as
follows:
APPOINTMENT
OF
RECEIVER
IT
IS
HEREBY
ORDERED
that
Peter
S.
Vogel
is
appointed
Receiver
for
Defendant
Jeffrey
Baron
with
the
full
power
of
an
equity
receiver.
The
Receiver
shall
be
entitled
to
possession
and
control
over
all
Receivership
Assets,
Receivership
Parties
and
Receivership
Documents
as
defined
herein,
and
shall
be
entitled
to
exercise
all
powers
granted
herein.
RECEIVERSHIP
PARTIES,
ASSETS,
AND
RECORDS
IT
IS
FURTHER
ORDERED
that
the
Court
hereby
takes
exclusive
jurisdiction
over,
and
grants
the
Receiver
excl\Jsive
control
over,
any
and
all
"Receivership
Parties",
which
term
shall
include
Jeffrey
Baron
and
the
following
entities:
Village
Trust,
a
Cook
Islands
Trust
Equity
Trust
Company
IRA
19471
Daystar
Trust,
a
Texas
Trust
Belton
Trust,
a
Texas
Trust
Novo
Point,
Inc.,
a
USVI
Corporation
Iguana
Consulting,
Inc.,
a
USVI
Corporation
Quantec,
Inc.,
a
USVI
Corporation
Shiloh,
LLC,
a
Delaware
Limited
Liability
Company
Novquant,
LLC,
a
Delaware
Limited
Liability
Company
ORDER
APPOINTING
RECEIVER
-
Page
1
IN
THE
UNITED
STATES
DISTRICT
COURT
FOR
THE
NORTHERN
DISTRICT
OF
TEXAS
DALLAS
DIVISION
NETSPHERE
INC.,
§
§
§
§
§
§
§
§
§
MANILA
INDUSTRIES,
INC.;
and
MUNISH
KRISHAN
Plaintiffs,
vs.
JEFFREY
BARON
and
ONDOVA
LIMITED
COMPANY,
Defendants
CIVIL
ACTION
NO.
3-09CV0988-F
ORDER
APPOINTING
RECEIVER
The
Court
hereby
appoints
a
receiver
and
imposes
an
ancillary relief
to
assist
the
receiver
as
follows:
APPOINTMENT
OF
RECEIVER
IT
IS
HEREBY
ORDERED
that
Peter
S.
Vogel
is
appointed
Receiver
for
Defendant
Jeffrey
Baron
with
the
full
power
of
an
equity
receiver.
The
Receiver
shall
be
entitled
to
possession
and
control
over
all
Receivership
Assets,
Receivership
Parties
and
Receivership
Documents
as
defined
herein,
and
shall
be
entitled
to
exercise
all
powers
granted
herein.
RECEIVERSHIP
PARTIES,
ASSETS,
AND
RECORDS
IT
IS
FURTHER
ORDERED
that
the
Court
hereby
takes
exclusive
jurisdiction
over,
and
grants
the
Receiver
excl\Jsive
control
over,
any
and
all
"Receivership
Parties",
which
term
shall
include
Jeffrey
Baron
and
the
following
entities:
Village
Trust,
a
Cook
Islands
Trust
Equity
Trust
Company
IRA
19471
Daystar
Trust,
a
Texas
Trust
Belton
Trust,
a
Texas
Trust
Novo
Point,
Inc.,
a
USVI
Corporation
Iguana
Consulting,
Inc.,
a
USVI
Corporation
Quantec,
Inc.,
a
USVI
Corporation
Shiloh,
LLC,
a
Delaware
Limited
Liability
Company
Novquant,
LLC,
a
Delaware
Limited
Liability
Company
ORDER
APPOINTING
RECEIVER
-
Page
1
Case: 10-11202 Document: 00511426994 Page: 45 Date Filed: 03/28/2011
Case 3:09-cv-00988-F Document 124 Filed 11/24/10 Page 2 of 14 PageID 2068
Manassas,
LLC,
a
Texas
limited liability
Company
Domain
Jamboree,
LLC,
a
Wyoming
Limited
Liability
Company
10
Genesis,
LLC,
a
Utah
Limited
Liability
Company
and
any
entity
under
the
direct
or
indirect
control
of
Jeffrey
Baron,
whether
by
virtue
of
ownership,
beneficial
interest, a
position
as
officer,
director,
power
of attorney
or
any
other
authority
or
right
to
act.
The
Court
hereby
enjoins
any
person
from
taking
any
action
based
upon
any
presently
existing
directive
from
any
person
other
than
the
Receiver
with
regard
to
the
affairs
and
business
of
the
Receivership
Parties,
including
but
not
limited
to
proceeding
with
the
transfer of a
portfolio
of internet
domain
names
("Domain
Names")
for
which
Ondova
Limited
Company
("Ondova")
acted
as
registrar.
Specifically,
but
without limitation,
VeriSign
Inc
and
The
Internet
Corporation
for
Assigned
Names
and
Numbers
("ICANN"),
and
any
other
entity
connected
to
the
transfer of
the
Domain
Names,
shall
immediate
cease
such
efforts
and
shall
terminate
any
movement
of
the
Domain
Names.
IT
IS
FURTHER
ORDERED
that
the
Court
hereby
takes
exclusive
jurisdiction
over,
and
grants
the
Receiver
exclusive
control
over,
any
and
all
"Receivership
Assets",
which
term
shall
include
any
and
all
legal
or
equitable
interest
in,
right
to,
or
claim
to,
any
real
or
personal
property
(including
"goods,"
"instruments,"
"equipment,"
''fixtures,''
"general
intangibles,"
"inventory,"
'checks,"
or
"notes"
(as
these
terms
are
defined
in
the
Uniform
Commercial
Code)),
lines
of
credit,
chattels,
leaseholds,
contracts,
mail
or
other
deliveries,
shares
of
stock,
lists
of
consumer
names,
accounts,
credits,
premises,
receivables,
funds,
and
all
cash,
wherever
located,
and
further
including
any
legal
or
equitable
interest
in
any
trusts,
corporations,
partnerships,
or
other
legal
entities of
any
nature,
that
are:
1.
owned,
controlled,
or
held
by,
in
whole
or
in
part,
for
the
benefit
of,
or
subject
to
access
by,
or
belonging
to,
any
Receivership
Party;
2.
in
the
actual
or
constructive
possession
of
any
Receivership
Party;
or
3.
in
the
actual
or
constructive
possession
of,
or
owned,
controlled,
or
held
by,
or
subject
to
access
by,
or
belonging
to,
any
other
corporation,
partnership,
trust,
or
any
ORDER APPOINTING RECEIVER - Page 2
Manassas,
LLC,
a
Texas
limited liability
Company
Domain
Jamboree,
LLC,
a
Wyoming
Limited
Liability
Company
10
Genesis,
LLC,
a
Utah
Limited
Liability
Company
and
any
entity
under
the
direct
or
indirect
control
of
Jeffrey
Baron,
whether
by
virtue
of
ownership,
beneficial
interest, a
position
as
officer,
director,
power
of attorney
or
any
other
authority
or
right
to
act.
The
Court
hereby
enjoins
any
person
from
taking
any
action
based
upon
any
presently
existing
directive
from
any
person
other
than
the
Receiver
with
regard
to
the
affairs
and
business
of
the
Receivership
Parties,
including
but
not
limited
to
proceeding
with
the
transfer of a
portfolio
of internet
domain
names
("Domain
Names")
for
which
Ondova
Limited
Company
("Ondova")
acted
as
registrar.
Specifically,
but
without limitation,
VeriSign
Inc
and
The
Internet
Corporation
for
Assigned
Names
and
Numbers
("ICANN"),
and
any
other
entity
connected
to
the
transfer of
the
Domain
Names,
shall
immediate
cease
such
efforts
and
shall
terminate
any
movement
of
the
Domain
Names.
IT
IS
FURTHER
ORDERED
that
the
Court
hereby
takes
exclusive
jurisdiction
over,
and
grants
the
Receiver
exclusive
control
over,
any
and
all
"Receivership
Assets",
which
term
shall
include
any
and
all
legal
or
equitable
interest
in,
right
to,
or
claim
to,
any
real
or
personal
property
(including
"goods,"
"instruments,"
"equipment,"
''fixtures,''
"general
intangibles,"
"inventory,"
'checks,"
or
"notes"
(as
these
terms
are
defined
in
the
Uniform
Commercial
Code)),
lines
of
credit,
chattels,
leaseholds,
contracts,
mail
or
other
deliveries,
shares
of
stock,
lists
of
consumer
names,
accounts,
credits,
premises,
receivables,
funds,
and
all
cash,
wherever
located,
and
further
including
any
legal
or
equitable
interest
in
any
trusts,
corporations,
partnerships,
or
other
legal
entities of
any
nature,
that
are:
1.
owned,
controlled,
or
held
by,
in
whole
or
in
part,
for
the
benefit
of,
or
subject
to
access
by,
or
belonging
to,
any
Receivership
Party;
2.
in
the
actual
or
constructive
possession
of
any
Receivership
Party;
or
3.
in
the
actual
or
constructive
possession
of,
or
owned,
controlled,
or
held
by,
or
subject
to
access
by,
or
belonging
to,
any
other
corporation,
partnership,
trust,
or
any
ORDER APPOINTING RECEIVER - Page 2
Case: 10-11202 Document: 00511426994 Page: 46 Date Filed: 03/28/2011
Case 3:09-cv-00988-F Document 124 Filed 11/24/10 Page 3 of 14 PageID 2069
other
entity
directly
or
indirectly
owned,
managed,
or
controlled
by,
or
under
common
control
with,
any
Receivership
Party,
including,
but
not
limited
to,
any
assets
held
by
or
for
any
Receivership
Party
in
any
account
at
any
bank
or
savings
and
loan
institution,
or
with
any
credit
card
processing
agent,
automated
clearing
house
processor,
network
transaction
processor,
bank
debit
processing
agent,
customer
service
agent,
commercial
mail
receiving
agency,
or
mail
holding
or
forwarding
company,
or
any
credit
union,
retirement
fund
custodian,
money
market
or
mutual
fund,
storage
company,
trustee,
or
with
any
broker-dealer,
escrow
agent,
title
company,
commodity
trading
company,
precious
metal
dealer,
or
other
financial
institution
or
depository
of
any
kind,
either
within
or
outside
of
the
State
of
Texas.
IT
IS
FURTHER
ORDERED
that
the
Receiver
shall
be
entitled
to
any
document
that
any
Receivership
Party
is
entitled
to
possess
as
of
the
signing
of
this
order
("Receivership
Documents").
IT
IS
FURTHER
ORDERED
that
all
persons
who
receive
actual
notice
of
this
Order
by
personal
service
or
otherwise
are
hereby
restrained
and
enjoined
from:
A.
Transferring,
liquidating,
converting,
encumbering,
pledging,
loaning,
selling,
concealing,
dissipating,
disbursing,
assigning,
spending,
withdrawing,
granting
a
lien
or
security
interest
or
other
interest
in,
or
otherwise
disposing
of
any
Receivership
Assets.
B.
Opening
or
causing
to
be
opened
any
safe
deposit
boxes,
commercial
mail
boxes,
or
storage
facilities
titled
in
the
name
of
any
Receivership
Party,
or subject
to
access
by
any
Receivership
Party
or
under
any
Receivership
Party's
control,
without
providing
the
Receiver
prior
notice
and
an
opportunity
to
inspect
the
contents
in
order
to
determine
that
they
contain
no
assets
covered
by
this
Section;
C.
Cashing
any
checks
or
depositing
any
payments
from
customers
or
clients
of a
Receivership
Party;
D.
Incurring
charges
or
cash
advances
on
any
credit
card
issued
in
the
name,
singly
or
jointly,
of
any
Receivership
Party;
or
ORDER
APPOINTING
RECEIVER
-
Page
3
other
entity
directly
or
indirectly
owned,
managed,
or
controlled
by,
or
under
common
control
with,
any
Receivership
Party,
including,
but
not
limited
to,
any
assets
held
by
or
for
any
Receivership
Party
in
any
account
at
any
bank
or
savings
and
loan
institution,
or
with
any
credit
card
processing
agent,
automated
clearing
house
processor,
network
transaction
processor,
bank
debit
processing
agent,
customer
service
agent,
commercial
mail
receiving
agency,
or
mail
holding
or
forwarding
company,
or
any
credit
union,
retirement
fund
custodian,
money
market
or
mutual
fund,
storage
company,
trustee,
or
with
any
broker-dealer,
escrow
agent,
title
company,
commodity
trading
company,
precious
metal
dealer,
or
other
financial
institution
or
depository
of
any
kind,
either
within
or
outside
of
the
State
of
Texas.
IT
IS
FURTHER
ORDERED
that
the
Receiver
shall
be
entitled
to
any
document
that
any
Receivership
Party
is
entitled
to
possess
as
of
the
signing
of
this
order
("Receivership
Documents").
IT
IS
FURTHER
ORDERED
that
all
persons
who
receive
actual
notice
of
this
Order
by
personal
service
or
otherwise
are
hereby
restrained
and
enjoined
from:
A.
Transferring,
liquidating,
converting,
encumbering,
pledging,
loaning,
selling,
concealing,
dissipating,
disbursing,
assigning,
spending,
withdrawing,
granting
a
lien
or
security
interest
or
other
interest
in,
or
otherwise
disposing
of
any
Receivership
Assets.
B.
Opening
or
causing
to
be
opened
any
safe
deposit
boxes,
commercial
mail
boxes,
or
storage
facilities
titled
in
the
name
of
any
Receivership
Party,
or subject
to
access
by
any
Receivership
Party
or
under
any
Receivership
Party's
control,
without
providing
the
Receiver
prior
notice
and
an
opportunity
to
inspect
the
contents
in
order
to
determine
that
they
contain
no
assets
covered
by
this
Section;
C.
Cashing
any
checks
or
depositing
any
payments
from
customers
or
clients
of a
Receivership
Party;
D.
Incurring
charges
or
cash
advances
on
any
credit
card
issued
in
the
name,
singly
or
jointly,
of
any
Receivership
Party;
or
ORDER
APPOINTING
RECEIVER
-
Page
3
Case: 10-11202 Document: 00511426994 Page: 47 Date Filed: 03/28/2011
Case 3:09-cv-00988-F Document 124 Filed 11/24/10 Page 4 of 14 PageID 2070
E.
Incurring
liens
or
encumbrances
on
real
property,
personal
property,
or
other
assets
in
the
name,
singly
or
jointly,
of
any
Receivership
Party
or
of
any
corporation,
partnership,
or
other
entity
directly
or
indirectly
owned,
managed,
or
controlled
by
any
Receivership
Party.
F.
The
funds,
property,
and
assets
affected
by
this
Order
shall
include
both
existing
assets
and
assets
acquired
after
the
effective
date
of
this
Order.
IT
IS
FURTHER
ORDERED
that
any
financial
institution,
business
entity,
or
person
maintaining
or
having
custody
or
control
of
any
account
or
other
asset
of
any
Receivership
Party,
or
any
corporation,
partnership,
or
other
entity
directly
or
indirectly
owned,
managed,
or
controlled
by,
or
under
common
control
with
any
Receivership
Party,
which
is
served
with
a
copy
of
this
Order,
or
otherwise
has
actual
or
constructive
knowledge
of
this
Order,
shall:
A.
Hold
and
retain
within
its
control
and
prohibit
the
withdrawal,
removal,
assignment,
transfer,
pledge,
hypothecation,
encumbrance,
disbursement,
dissipation,
conversion,
sale,
liquidation,
or
other
disposal
of
any
of
the
assets,
funds,
documents,
or
other
property
held
by,
or
under
its
control:
1.
on
behalf
of,
or
for
the
benefit
of,
any
Receivership
Party;
2.
in
any
account
maintained
in
the
name
of,
or
for
the
benefit
of,
or
subject
to
withdrawal
by,
any
Receivership
Party;
and
3.
that
are
subject
to
access
or
use
by,
or
under
the
signatory
power
of,
any
Receivership
Party.
B.
Deny
any
person
other
than
the
Receiver
or
his
designee
access
to
any
safe
deposit
boxes
or
storage
facilities
that
are
either:
1.
titled
in
the
name,
individually
or
jointly,
of
any
Receivership
Party;
or
2.
subject
to
access
by
any
Receivership
Party.
C.
Provide
the
Receiver
an
immediate
statement
setting
forth:
ORDER APPOINTING RECEIVER - Page 4
E.
Incurring
liens
or
encumbrances
on
real
property,
personal
property,
or
other
assets
in
the
name,
singly
or
jointly,
of
any
Receivership
Party
or
of
any
corporation,
partnership,
or
other
entity
directly
or
indirectly
owned,
managed,
or
controlled
by
any
Receivership
Party.
F.
The
funds,
property,
and
assets
affected
by
this
Order
shall
include
both
existing
assets
and
assets
acquired
after
the
effective
date
of
this
Order.
IT
IS
FURTHER
ORDERED
that
any
financial
institution,
business
entity,
or
person
maintaining
or
having
custody
or
control
of
any
account
or
other
asset
of
any
Receivership
Party,
or
any
corporation,
partnership,
or
other
entity
directly
or
indirectly
owned,
managed,
or
controlled
by,
or
under
common
control
with
any
Receivership
Party,
which
is
served
with
a
copy
of
this
Order,
or
otherwise
has
actual
or
constructive
knowledge
of
this
Order,
shall:
A.
Hold
and
retain
within
its
control
and
prohibit
the
withdrawal,
removal,
assignment,
transfer,
pledge,
hypothecation,
encumbrance,
disbursement,
dissipation,
conversion,
sale,
liquidation,
or
other
disposal
of
any
of
the
assets,
funds,
documents,
or
other
property
held
by,
or
under
its
control:
1.
on
behalf
of,
or
for
the
benefit
of,
any
Receivership
Party;
2.
in
any
account
maintained
in
the
name
of,
or
for
the
benefit
of,
or
subject
to
withdrawal
by,
any
Receivership
Party;
and
3.
that
are
subject
to
access
or
use
by,
or
under
the
signatory
power
of,
any
Receivership
Party.
B.
Deny
any
person
other
than
the
Receiver
or
his
designee
access
to
any
safe
deposit
boxes
or
storage
facilities
that
are
either:
1.
titled
in
the
name,
individually
or
jointly,
of
any
Receivership
Party;
or
2.
subject
to
access
by
any
Receivership
Party.
C.
Provide
the
Receiver
an
immediate
statement
setting
forth:
ORDER APPOINTING RECEIVER - Page 4
Case: 10-11202 Document: 00511426994 Page: 48 Date Filed: 03/28/2011
Case 3:09-cv-00988-F Document 124 Filed 11/24/10 Page 5 of 14 PageID 2071
1.
The
Identification
number
of
each
account
or
asset
titled
in
the
name,
individually
or
jointly, of
any
Receivership
Party,
or
held
on
behalf
thereof,
or for
the
benefit
thereof,
including
all
trust
accounts
managed
on
behalf
of
any
Receivership
Party
or
subject
to
any
Receivership
Party's
control;
2.
The
balance
of
each
such
account,
or
a
description
of
the
nature
and
value
of
such
asset;
3.
The
Identification
and
location
of
any
safe
deposit
box,
commercial
mail
box,
or
storage
facility
that
is
either
titled
in
the
name,
individually
or
jointly, of
any
Receivership
Party,
whether
in
whole
or
in
part;
and
4.
If
the
account,
safe
deposit
box,
storage
facility, or other
asset
has
been
closed
or
removed,
the
date
closed
or
removed
and
the
bai<;Jnce
on
said
date.
D.
Immediately
provide
the
Receiver
with
copies
of
all
records
or other
documentation
pertaining
to
each
such
account
or
asset,
including,
but
not
limited
to,
originals
or
copies
of
account
applications,
account
statements,
corporate
resolutions,
signature
cards,
checks,
drafts,.
deposit
tickets,
transfers
to
and
from
the
accounts,
all
other debit
and
credit
instruments
or
slips,
currency
transaction
reports,
1099
forms,
and
safe
deposit
box
logs;
and
E.
Immediately
honor
any
requests
by
the
Receiver
with
regard
to
transfers
of
assets
to
the
Receiver
or
as
the
Receiver
may
direct.
DUTIES
OF
DEFENDANTS
REGARDING
ASSETS
AND
DOCUMENTS
IT
IS
FURTHER
ORDERED
that
Defendants
shall:
A.
Within
three
business
days
following
service
of
this
Order,
take
such
steps
as
are
necessary
to
turn
over
control
to
the
Receiver
and
repatriate
to
the
Northern
District
of
Texas
all
Receivership
Documents
and
Receivership
Assets
that
are
located
outside
of
the
Northern
District
of
Texas
and
are
held
by
or
for
the
Receivership
Parties
or
are
under
the
Receivership
Parties'
direct
or
indirect
control,
jointly,
severally,
or
individually;
ORDER
APPOINTING
RECEIVER
-
Page
5
1.
The
Identification
number
of
each
account
or
asset
titled
in
the
name,
individually
or
jointly, of
any
Receivership
Party,
or
held
on
behalf
thereof,
or for
the
benefit
thereof,
including
all
trust
accounts
managed
on
behalf
of
any
Receivership
Party
or
subject
to
any
Receivership
Party's
control;
2.
The
balance
of
each
such
account,
or
a
description
of
the
nature
and
value
of
such
asset;
3.
The
Identification
and
location
of
any
safe
deposit
box,
commercial
mail
box,
or
storage
facility
that
is
either
titled
in
the
name,
individually
or
jointly, of
any
Receivership
Party,
whether
in
whole
or
in
part;
and
4.
If
the
account,
safe
deposit
box,
storage
facility, or other
asset
has
been
closed
or
removed,
the
date
closed
or
removed
and
the
bai<;Jnce
on
said
date.
D.
Immediately
provide
the
Receiver
with
copies
of
all
records
or other
documentation
pertaining
to
each
such
account
or
asset,
including,
but
not
limited
to,
originals
or
copies
of
account
applications,
account
statements,
corporate
resolutions,
signature
cards,
checks,
drafts,.
deposit
tickets,
transfers
to
and
from
the
accounts,
all
other debit
and
credit
instruments
or
slips,
currency
transaction
reports,
1099
forms,
and
safe
deposit
box
logs;
and
E.
Immediately
honor
any
requests
by
the
Receiver
with
regard
to
transfers
of
assets
to
the
Receiver
or
as
the
Receiver
may
direct.
DUTIES
OF
DEFENDANTS
REGARDING
ASSETS
AND
DOCUMENTS
IT
IS
FURTHER
ORDERED
that
Defendants
shall:
A.
Within
three
business
days
following
service
of
this
Order,
take
such
steps
as
are
necessary
to
turn
over
control
to
the
Receiver
and
repatriate
to
the
Northern
District
of
Texas
all
Receivership
Documents
and
Receivership
Assets
that
are
located
outside
of
the
Northern
District
of
Texas
and
are
held
by
or
for
the
Receivership
Parties
or
are
under
the
Receivership
Parties'
direct
or
indirect
control,
jointly,
severally,
or
individually;
ORDER
APPOINTING
RECEIVER
-
Page
5
Case: 10-11202 Document: 00511426994 Page: 49 Date Filed: 03/28/2011
Case 3:09-cv-00988-F Document 124 Filed 11/24/10 Page 6 of 14 PageID 2072
B.
Within
three
business
days
following
service
of
this
Order,
provide
Plaintiff
and
the
Receiver
with
a
full
accounting
of
all
Receivership
Documents
and
Receivership
Assets
wherever
located,
whether
such
Documents
or
Assets
held
by
or
for
any
Receivership
Party
or
are
under
any
Receivership
Party's
direct
or
indirect
control,
jointly,
severally,
or
individually,
including
the
addresses
and
names
of
any
foreign
or
domestic
financial
institution
or
other
entity
holding
the
Receivership
Documents
and
Receivership
Assets,
along
with
the
account
numbers
and
balances;
and
D.
Immediately
following
service
of
this
Order,
provide
Plaintiff
and
the
Receiver
access
to
Defendants'
records
and
Documents
held
by
Financial
Institutions
or
other
entities,
wherever
located.
POWERS
AND
DUTIES
OF
RECEIVER
IT
IS
FURTHER
ORDERED
that
the
Receiver
shall
immediately
present
a
sworn
statement
that
he
will
perform
his
duties
faithfully
and
shall
post
a
cash
deposit
or
bond
in
the
amount
of
$1
,000.
IT
IS
FURTHER
ORDERED
that
in
addition
to
all
powers
granted
in
equity
to
receivers,
the
Receiver
shall
immediately
have
the
following
express
powers
and
duties:
A.
To
have
immediate
access
to
any
business
premises
of
the
Receivership
Party,
and
immediate
access
to
any
other
location
where
the
Receivership
Party
has
conducted
business
and
where
property
or
business
records
are
likely
to
be
located.
B.
To
assume
full
control
of
the
Receivership
Party
by
removing,
as
the
Receiver
deems
necessary
or
advis.able,
any
director,
officer,
independent
contractor,
employee
or
agent
of
the
Receivership
Party,
including
any
Defendant,
from
control
of,
management
of,
or
participation
in,
the
affairs
of
the
Receivership
Party;
C.
To
take
exclusive
custody,
control,
and
possession
of
all
assets
and
documents
of,
or
in
the
posseSSion,
custody
or
under
the
control
of,
the
Receivership
Party,
wherever
ORDER
APPOINTING
RECEIVER
-
Page
6
B.
Within
three
business
days
following
service
of
this
Order,
provide
Plaintiff
and
the
Receiver
with
a
full
accounting
of
all
Receivership
Documents
and
Receivership
Assets
wherever
located,
whether
such
Documents
or
Assets
held
by
or
for
any
Receivership
Party
or
are
under
any
Receivership
Party's
direct
or
indirect
control,
jointly,
severally,
or
individually,
including
the
addresses
and
names
of
any
foreign
or
domestic
financial
institution
or
other
entity
holding
the
Receivership
Documents
and
Receivership
Assets,
along
with
the
account
numbers
and
balances;
and
D.
Immediately
following
service
of
this
Order,
provide
Plaintiff
and
the
Receiver
access
to
Defendants'
records
and
Documents
held
by
Financial
Institutions
or
other
entities,
wherever
located.
POWERS
AND
DUTIES
OF
RECEIVER
IT
IS
FURTHER
ORDERED
that
the
Receiver
shall
immediately
present
a
sworn
statement
that
he
will
perform
his
duties
faithfully
and
shall
post
a
cash
deposit
or
bond
in
the
amount
of
$1
,000.
IT
IS
FURTHER
ORDERED
that
in
addition
to
all
powers
granted
in
equity
to
receivers,
the
Receiver
shall
immediately
have
the
following
express
powers
and
duties:
A.
To
have
immediate
access
to
any
business
premises
of
the
Receivership
Party,
and
immediate
access
to
any
other
location
where
the
Receivership
Party
has
conducted
business
and
where
property
or
business
records
are
likely
to
be
located.
B.
To
assume
full
control
of
the
Receivership
Party
by
removing,
as
the
Receiver
deems
necessary
or
advis.able,
any
director,
officer,
independent
contractor,
employee
or
agent
of
the
Receivership
Party,
including
any
Defendant,
from
control
of,
management
of,
or
participation
in,
the
affairs
of
the
Receivership
Party;
C.
To
take
exclusive
custody,
control,
and
possession
of
all
assets
and
documents
of,
or
in
the
posseSSion,
custody
or
under
the
control
of,
the
Receivership
Party,
wherever
ORDER
APPOINTING
RECEIVER
-
Page
6
Case: 10-11202 Document: 00511426994 Page: 50 Date Filed: 03/28/2011
Case 3:09-cv-00988-F Document 124 Filed 11/24/10 Page 7 of 14 PageID 2073
situated,
including
without
limitation
all
paper
documents
and
all
electronic
data
and
devices
that
contain
or
store
electronic
data
including
but
not
limited
to
computers,
laptops,
data
storage
devices,
back-up
tapes,
DVDs,
CDs,
and
thumb
drives
and
all
other
extemal
storage
devices
and,
as
to
equipment
in
the
possession
or
under
the
control
of
the
Receivership
Parties,
all
PDAs,
smart
phones,
cellular
telephones,
and
similar
devices
issued
or
paid
for
by
the
Receivership
Party.
D.
To
act
on
behalf
of
the
Receivership
Party
and,
subject
to
further
order
of
the
Court,
to
have
the
full
power
and
authority
to
take
all
corporate
actions,
including
but
not
limited
to,
the
filing
of a
petition
for
bankruptcy
as
the
authorized
responsible
person
as
to
the
Receivership
Party,
dissolution
of
the
Receivership
Party,
and
sale
of
the
Receivership
Party.
E.
To
divert
mail.
F.
To
sue
for,
coUect,
receive,
take
in
possession,
hold,
and
manage
all
assets
and
documents
of
the
Receivership
Party
and
other
persons
or
entities
whose
interests
are
now
held
by
or
under
the
direction,
possession,
custody
or
control
of
the
Receivership
Party.
G.
To
investigate,
conserve,
hold,
and
manage
all
Receivership
Assets,
and
perform
all
acts
necessary
or
advisable
to
preserve
the
value
of
those
assets
in
an
effort
to
prevent
any
irreparable
loss,
damage
or injury
to
consumers
or
to
creditors
of
the
Receivership
Party
including,
but
not
limited
to,
obtaining
an
accounting
of
the
assets,
and
preventing
transfer,
withdrawal
or
misapplication
of
assets.
H.
To
enter
into
contracts
and
purchase
insurance
as
advisable
or
necessary.
I.
To
prevent
the
inequitable
distribution
of
assets
and
determine,
adjust,
and
protect
the
interests
of
creditors
who
have
transacted
business
with
the
Receivership
Party.
J.
To
manage
and
administer
the
business
of
the
Receivership
Party
until
further
order
of
this
Court
by
performing
all
incidental
acts
that
the
Receiver
deems
to
be
advisable
or
necessary,
which
include
retaining,
hiring,
or
dismissing
any
employees,
independent
contractors,
or
agents.
ORDER
APPOINTING
RECEIVER
-
Page
7
situated,
including
without
limitation
all
paper
documents
and
all
electronic
data
and
devices
that
contain
or
store
electronic
data
including
but
not
limited
to
computers,
laptops,
data
storage
devices,
back-up
tapes,
DVDs,
CDs,
and
thumb
drives
and
all
other
extemal
storage
devices
and,
as
to
equipment
in
the
possession
or
under
the
control
of
the
Receivership
Parties,
all
PDAs,
smart
phones,
cellular
telephones,
and
similar
devices
issued
or
paid
for
by
the
Receivership
Party.
D.
To
act
on
behalf
of
the
Receivership
Party
and,
subject
to
further
order
of
the
Court,
to
have
the
full
power
and
authority
to
take
all
corporate
actions,
including
but
not
limited
to,
the
filing
of a
petition
for
bankruptcy
as
the
authorized
responsible
person
as
to
the
Receivership
Party,
dissolution
of
the
Receivership
Party,
and
sale
of
the
Receivership
Party.
E.
To
divert
mail.
F.
To
sue
for,
coUect,
receive,
take
in
possession,
hold,
and
manage
all
assets
and
documents
of
the
Receivership
Party
and
other
persons
or
entities
whose
interests
are
now
held
by
or
under
the
direction,
possession,
custody
or
control
of
the
Receivership
Party.
G.
To
investigate,
conserve,
hold,
and
manage
all
Receivership
Assets,
and
perform
all
acts
necessary
or
advisable
to
preserve
the
value
of
those
assets
in
an
effort
to
prevent
any
irreparable
loss,
damage
or injury
to
consumers
or
to
creditors
of
the
Receivership
Party
including,
but
not
limited
to,
obtaining
an
accounting
of
the
assets,
and
preventing
transfer,
withdrawal
or
misapplication
of
assets.
H.
To
enter
into
contracts
and
purchase
insurance
as
advisable
or
necessary.
I.
To
prevent
the
inequitable
distribution
of
assets
and
determine,
adjust,
and
protect
the
interests
of
creditors
who
have
transacted
business
with
the
Receivership
Party.
J.
To
manage
and
administer
the
business
of
the
Receivership
Party
until
further
order
of
this
Court
by
performing
all
incidental
acts
that
the
Receiver
deems
to
be
advisable
or
necessary,
which
include
retaining,
hiring,
or
dismissing
any
employees,
independent
contractors,
or
agents.
ORDER
APPOINTING
RECEIVER
-
Page
7
Case: 10-11202 Document: 00511426994 Page: 51 Date Filed: 03/28/2011
Case 3:09-cv-00988-F Document 124 Filed 11/24/10 Page 8 of 14 PageID 2074
K.
To
choose,
engage,
and
employ
attorneys,
accountants,
appraisers,
and
other
independent
contractors
and
technical
specialists
(collectively,
"Professionals"),
as
each
Receiver
deems
advisable
or
necessary
in
the
performance
of
duties
and
responsibilities
under
the
authority
granted
by
this
Order.
L.
To
make
payments
and
disbursements
from
the
receivership
estate
that
are
necessary
or
advisable
for
carrying
out
the
directions
of,
or
exercising
the
authority
granted
by,
this
Order.
M.
To
institute,
compromise,
adjust,
defend,
appear
in,
Intervene
in,
or
become
party
to
such
actions
or
proceedings
in
state,
federal
or
foreign
courts
that
each
Receiver
deems
necessary
and
advisable
to
preserve
or
recover
the
assets
of
the
Receivership
Party
or
that
each
Receiver
deems
necessary
and
advisable
to
carry
out
the
Receiver's
mandate
under
this
Order,
including
but
not
limited
to,
the
filing
of a
petition
for
bankruptcy.
N.
To
conduct
investigations
and
to
issue
subpoenas
to
obtain
documents
and
records
pertaining
to,
or
in
aid
of,
the
receivership,
and
conduct
discovery
in
this
action
on
behalf
of
the
receivership
estate.
O.
To
consent
to
the
dissolution
of
the
receivership
in
the
event
that
the
Plaintiff
may
compromise
the
claim
that
gave
rise
to
the
appointment
of
the
Receiver,
provided,
however,
that
no
such
dissolution
shall
occur
without
a
motion
by
the
Plaintiff
and
service
provided
by
the
Plaintiff
upon
all
known
creditors
at
least
thirty
days
in
advance
of
any
such
dissolution.
LIMITATION
OF
RECEIVER'S
LIABILITY
IT
IS
FURTHER
ORDERED
that
except
for
an
act
of
gross
negligence,
the
Receiver
and
the
Professionals
shall
not
be
liable
for
any
loss
or
damage
incurred
by
any
of
the
Receivership
Parties,
their
officers,
agents,
servants,
employees
and
attorneys
or
any
other
person,
by
reason
of
any
act
performed
or
omitted
to
be
performed
by
the
Receiver
and
the
Professionals
in
connection
with
the
discharge
of
his
or
her
duties
and
responsibilities.
Additionally,
in
the
ORDER
APPOINTING
RECEIVER
-
Page
8
K.
To
choose,
engage,
and
employ
attorneys,
accountants,
appraisers,
and
other
independent
contractors
and
technical
specialists
(collectively,
"Professionals"),
as
each
Receiver
deems
advisable
or
necessary
in
the
performance
of
duties
and
responsibilities
under
the
authority
granted
by
this
Order.
L.
To
make
payments
and
disbursements
from
the
receivership
estate
that
are
necessary
or
advisable
for
carrying
out
the
directions
of,
or
exercising
the
authority
granted
by,
this
Order.
M.
To
institute,
compromise,
adjust,
defend,
appear
in,
Intervene
in,
or
become
party
to
such
actions
or
proceedings
in
state,
federal
or
foreign
courts
that
each
Receiver
deems
necessary
and
advisable
to
preserve
or
recover
the
assets
of
the
Receivership
Party
or
that
each
Receiver
deems
necessary
and
advisable
to
carry
out
the
Receiver's
mandate
under
this
Order,
including
but
not
limited
to,
the
filing
of a
petition
for
bankruptcy.
N.
To
conduct
investigations
and
to
issue
subpoenas
to
obtain
documents
and
records
pertaining
to,
or
in
aid
of,
the
receivership,
and
conduct
discovery
in
this
action
on
behalf
of
the
receivership
estate.
O.
To
consent
to
the
dissolution
of
the
receivership
in
the
event
that
the
Plaintiff
may
compromise
the
claim
that
gave
rise
to
the
appointment
of
the
Receiver,
provided,
however,
that
no
such
dissolution
shall
occur
without
a
motion
by
the
Plaintiff
and
service
provided
by
the
Plaintiff
upon
all
known
creditors
at
least
thirty
days
in
advance
of
any
such
dissolution.
LIMITATION
OF
RECEIVER'S
LIABILITY
IT
IS
FURTHER
ORDERED
that
except
for
an
act
of
gross
negligence,
the
Receiver
and
the
Professionals
shall
not
be
liable
for
any
loss
or
damage
incurred
by
any
of
the
Receivership
Parties,
their
officers,
agents,
servants,
employees
and
attorneys
or
any
other
person,
by
reason
of
any
act
performed
or
omitted
to
be
performed
by
the
Receiver
and
the
Professionals
in
connection
with
the
discharge
of
his
or
her
duties
and
responsibilities.
Additionally,
in
the
ORDER
APPOINTING
RECEIVER
-
Page
8
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Case 3:09-cv-00988-F Document 124 Filed 11/24/10 Page 9 of 14 PageID 2075
event
of a
discharge
of
the
Receiver
either
by
dissolution
of
the
receivership
or
order
of
this
Court,
the
Receiver
shall
have
no
further
duty
whatsoever.
PROFESSIONAL
FEES
IT
IS
FURTHER
ORDERED
that
each
Receiver
and
his
professionals,
including
counsel
to
the
Receiver
and
accountants,
are
entitled
to
reasonable
compensation
for
the
performance
of
duties
pursuant
to
this
Order
and
for
the
cost
of
actual
out-of-pocket
expenses
incurred
by
them,
which
compensation
shall
be
derived
exclusively
from
the
assets
now
held
by,
or
in
the
possession
or
control
of,
or
which
maybe
received
by
the
Receivership
Party
or
which
are
otherwise
recovered
by
the
Receiver,
against
with
the
Receiver
shall
have
a first
and
absolute
administrative
expense
lien.
The
Receiver
shall
file
with
the
Court
and
serve
on
the
parties
a
fee
application
with
regard
to
any
compensation
to
be
paid
to
professionals
prior
to
the
payment
thereof.
COOPERATION
WITH
RECEIVER
IT
IS
FURTHER
ORDERED
that
the
Defendants
and
all
other
persons
or
entities
served
with
a
copy
of
this
Order
shall
fully
cooperate
with
and
assist
the
Receiver.
This
cooperation
and
assistance
shall
include,
but
not
be
limited
to,
providing
any
information
to
the
Receiver
that
the
Receiver
deems
necessary
to
exercising
the
authority
and
discharging
the
responsibilities
of
the
Receiver
under
this
Order;
providing
any
password
required
to
access
any
computer,
electronic
account,
or
digital
file
or
telephonic
data
in
any
medium;
turning
over
all
accounts,
files,
and
records
including
those
in
possession
or
control
of
attorneys
or
accountants;
and
advising
all
pe.rsons
who
owe
money
to
the
Receivership
Party
that
all
debts
should
be
paid
directly
to
the
Receiver.
Defendants
are
hereby
temporarily
restrained
and
enjoined
from
directly
or
indirectly:
A.
Transacting
any
of
the
business
of
the
Receivership
Party;
ORDER APPOINTING RECEIVER - Page 9
event
of a
discharge
of
the
Receiver
either
by
dissolution
of
the
receivership
or
order
of
this
Court,
the
Receiver
shall
have
no
further
duty
whatsoever.
PROFESSIONAL
FEES
IT
IS
FURTHER
ORDERED
that
each
Receiver
and
his
professionals,
including
counsel
to
the
Receiver
and
accountants,
are
entitled
to
reasonable
compensation
for
the
performance
of
duties
pursuant
to
this
Order
and
for
the
cost
of
actual
out-of-pocket
expenses
incurred
by
them,
which
compensation
shall
be
derived
exclusively
from
the
assets
now
held
by,
or
in
the
possession
or
control
of,
or
which
maybe
received
by
the
Receivership
Party
or
which
are
otherwise
recovered
by
the
Receiver,
against
with
the
Receiver
shall
have
a first
and
absolute
administrative
expense
lien.
The
Receiver
shall
file
with
the
Court
and
serve
on
the
parties
a
fee
application
with
regard
to
any
compensation
to
be
paid
to
professionals
prior
to
the
payment
thereof.
COOPERATION
WITH
RECEIVER
IT
IS
FURTHER
ORDERED
that
the
Defendants
and
all
other
persons
or
entities
served
with
a
copy
of
this
Order
shall
fully
cooperate
with
and
assist
the
Receiver.
This
cooperation
and
assistance
shall
include,
but
not
be
limited
to,
providing
any
information
to
the
Receiver
that
the
Receiver
deems
necessary
to
exercising
the
authority
and
discharging
the
responsibilities
of
the
Receiver
under
this
Order;
providing
any
password
required
to
access
any
computer,
electronic
account,
or
digital
file
or
telephonic
data
in
any
medium;
turning
over
all
accounts,
files,
and
records
including
those
in
possession
or
control
of
attorneys
or
accountants;
and
advising
all
pe.rsons
who
owe
money
to
the
Receivership
Party
that
all
debts
should
be
paid
directly
to
the
Receiver.
Defendants
are
hereby
temporarily
restrained
and
enjoined
from
directly
or
indirectly:
A.
Transacting
any
of
the
business
of
the
Receivership
Party;
ORDER APPOINTING RECEIVER - Page 9
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Case 3:09-cv-00988-F Document 124 Filed 11/24/10 Page 10 of 14 PageID 2076
B.
Destroying,
secreting,
defacing,
transferring,
or
otherwise
altering
or
disposing
of
any
documents
of
the
Receivership
Party
including,
but
not
limited
to,
books,
records,
accounts,
writings,
drawings,
graphs,
charts,
photographs,
audio
and
video
recordings,
computer
records,
and
other
data
compilations,
electronically-stored
records,
or
any
other
papers
of
any
kind
or
nature;
C.
Transferring,
receiving,
altering,
selling,
encumbering,
pledging,
assigning,
liquidating,
or
otherwise
disposing
of
any
assets
owned,
controlled,
or
in
the
possession
or
custody
of,
or
in
which
an
interest
is
held
or
claimed
by,
the
Receivership
Party
or
the
Receiver;
D.
Drawing
on
any
existing
line
of
credit
available
to
Receivership
Party;
E.
Excusing
debts
owed
to
the
Receivership
Party;
F.
Failing
to
notify
the
Receiver
of
any
asset,
including
accounts,
of
the
Receivership
Party
held
in
any
name
other
than
the
name
of
any
of
the
Receivership
Party,
or
by
any
person
or
entity other
than
the
Receivership
Party,
or
failing
to
provide
any
assistance
or
information
requested
by
the
Receiver
in
connection
with
obtaining
possession,
custody
or
control
of
such
assets;
G.
Doing
any
act
that
WOUld,
or
failing
to
do
any
act
which
failure
WOUld,
interfere
with
the
Receiver's
taking
custody,
control,
possession,
or
management
of
the
assets
or
documents
subject
to
this
receivership;
or
to
harass
or
interfere
with
the
Receiver
in
any
way;
or
to
interfere
in
any
manner
with
the
exclusive
jurisdiction of
this
Court
over
the
assets
or
documents
of
the
Receivership
Party;
or
to
refuse
to
cooperate
with
the
Receiver
or
the
Receiver's
duly
authorized
agents
in
the
exercise
of their
duties
or authority
under
any
Order of
this
Court;
and
H.
Filing,
or
causing
to
be
filed,
any
petition
on
behalf
of
the
Receivership
Party
for
relief
under
the
United
States
Bankruptcy
Code,
11
U.S.C.
§§
101-1330
(2002),
without
prior
permission
from
this
Court.
IT
IS
FURTHER
ORDERED
that:
ORDER
APPOINTING
RECEIVER
-
Page
10
B.
Destroying,
secreting,
defacing,
transferring,
or
otherwise
altering
or
disposing
of
any
documents
of
the
Receivership
Party
including,
but
not
limited
to,
books,
records,
accounts,
writings,
drawings,
graphs,
charts,
photographs,
audio
and
video
recordings,
computer
records,
and
other
data
compilations,
electronically-stored
records,
or
any
other
papers
of
any
kind
or
nature;
C.
Transferring,
receiving,
altering,
selling,
encumbering,
pledging,
assigning,
liquidating,
or
otherwise
disposing
of
any
assets
owned,
controlled,
or
in
the
possession
or
custody
of,
or
in
which
an
interest
is
held
or
claimed
by,
the
Receivership
Party
or
the
Receiver;
D.
Drawing
on
any
existing
line
of
credit
available
to
Receivership
Party;
E.
Excusing
debts
owed
to
the
Receivership
Party;
F.
Failing
to
notify
the
Receiver
of
any
asset,
including
accounts,
of
the
Receivership
Party
held
in
any
name
other
than
the
name
of
any
of
the
Receivership
Party,
or
by
any
person
or
entity other
than
the
Receivership
Party,
or
failing
to
provide
any
assistance
or
information
requested
by
the
Receiver
in
connection
with
obtaining
possession,
custody
or
control
of
such
assets;
G.
Doing
any
act
that
WOUld,
or
failing
to
do
any
act
which
failure
WOUld,
interfere
with
the
Receiver's
taking
custody,
control,
possession,
or
management
of
the
assets
or
documents
subject
to
this
receivership;
or
to
harass
or
interfere
with
the
Receiver
in
any
way;
or
to
interfere
in
any
manner
with
the
exclusive
jurisdiction of
this
Court
over
the
assets
or
documents
of
the
Receivership
Party;
or
to
refuse
to
cooperate
with
the
Receiver
or
the
Receiver's
duly
authorized
agents
in
the
exercise
of their
duties
or authority
under
any
Order of
this
Court;
and
H.
Filing,
or
causing
to
be
filed,
any
petition
on
behalf
of
the
Receivership
Party
for
relief
under
the
United
States
Bankruptcy
Code,
11
U.S.C.
§§
101-1330
(2002),
without
prior
permission
from
this
Court.
IT
IS
FURTHER
ORDERED
that:
ORDER
APPOINTING
RECEIVER
-
Page
10
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Case 3:09-cv-00988-F Document 124 Filed 11/24/10 Page 11 of 14 PageID 2077
A.
Immediately
upon
service
of
this
Order
upon
them,
or
within
such
period
as
may
be
permitted
by
the
Receiver,
Defendants
or
any
other
person
or
entity
shall
transfer
or
deliver
possession,
custody,
and
control
of
the
following
to
the
Receiver:
1.
All
assets
of
the
Receivership
Party,
including,
without
limitation,
bank
accounts,
web
sites,
buildings
or
office
space
owned,
leased,
rented,
or
otherwise
occupied
by
the
Receivership
Party;
2.
All
documents
of
the
Receivership
Party,
including,
but
not
limited
to,
books
and
records
of
accounts,
legal
files
(whether
held
by
Defendants
or
their
counsel)
all
financial
and
accounting
records,
balance
sheets,
income
statements,
bank
records
(including
monthly
statements,
canceled
checks,
records
of
wire
transfers,
and
check
registers),
client
lists,
title
documents,
and
other
papers;
3.
All
of
the
Receivership
Party's
accounting
records,
tax
records,
and
tax
returns
controlled
by,
or
in
the
possession
of,
any
bookkeeper,
accountant,
enrolled
agent,
licensed
tax
preparer
or
certified
public
accountant;
4.
All
loan
applications
made
by
or
on
behalf
of
Receivership
Party
and
supporting
documents
held
by
any
type
of
lender
including,
but
not
limited
to,
banks,
savings
and
loans,
thrifts
or
credit
unions;
5.
All
assets
belonging
to
rnembers
of
the
public
now
held
by
the
Receivership
Party;
and
6.
All
keys
and
codes
necessary
to
gain
or
secure
access
to
any
assets
or
docurnents
of
the
Receivership
Party
including,
but
not
lirnited
to,
access
to
their
business
prernises,
means
of
communication,
accounts,
computer
systems
or
other
property;
B.
In
the
event
any
person
or
entity
fails
to
deliver
or
transfer
any
asset
or
otherwise
fails
to
comply
with
any
provision
of
this
Paragraph,
the
Receiver
may
file
ex
parte
an
Affidavit
of
Non-Compliance
regarding
the
failure.
Upon
filing
of
the
affidavit,
the
Court
may
authorize,
without
additional
process
or
demand,
Writs
of
Possession
or
Sequestration
or
other
equitable
ORDER APPOINTING RECEIVER - Page
11
A.
Immediately
upon
service
of
this
Order
upon
them,
or
within
such
period
as
may
be
permitted
by
the
Receiver,
Defendants
or
any
other
person
or
entity
shall
transfer
or
deliver
possession,
custody,
and
control
of
the
following
to
the
Receiver:
1.
All
assets
of
the
Receivership
Party,
including,
without
limitation,
bank
accounts,
web
sites,
buildings
or
office
space
owned,
leased,
rented,
or
otherwise
occupied
by
the
Receivership
Party;
2.
All
documents
of
the
Receivership
Party,
including,
but
not
limited
to,
books
and
records
of
accounts,
legal
files
(whether
held
by
Defendants
or
their
counsel)
all
financial
and
accounting
records,
balance
sheets,
income
statements,
bank
records
(including
monthly
statements,
canceled
checks,
records
of
wire
transfers,
and
check
registers),
client
lists,
title
documents,
and
other
papers;
3.
All
of
the
Receivership
Party's
accounting
records,
tax
records,
and
tax
returns
controlled
by,
or
in
the
possession
of,
any
bookkeeper,
accountant,
enrolled
agent,
licensed
tax
preparer
or
certified
public
accountant;
4.
All
loan
applications
made
by
or
on
behalf
of
Receivership
Party
and
supporting
documents
held
by
any
type
of
lender
including,
but
not
limited
to,
banks,
savings
and
loans,
thrifts
or
credit
unions;
5.
All
assets
belonging
to
rnembers
of
the
public
now
held
by
the
Receivership
Party;
and
6.
All
keys
and
codes
necessary
to
gain
or
secure
access
to
any
assets
or
docurnents
of
the
Receivership
Party
including,
but
not
lirnited
to,
access
to
their
business
prernises,
means
of
communication,
accounts,
computer
systems
or
other
property;
B.
In
the
event
any
person
or
entity
fails
to
deliver
or
transfer
any
asset
or
otherwise
fails
to
comply
with
any
provision
of
this
Paragraph,
the
Receiver
may
file
ex
parte
an
Affidavit
of
Non-Compliance
regarding
the
failure.
Upon
filing
of
the
affidavit,
the
Court
may
authorize,
without
additional
process
or
demand,
Writs
of
Possession
or
Sequestration
or
other
equitable
ORDER APPOINTING RECEIVER - Page
11
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Case 3:09-cv-00988-F Document 124 Filed 11/24/10 Page 12 of 14 PageID 2078
writs
requested
by
the
Receivers,
The
writs
shall
authorize
and
direct
the
United
States
Marshal
or
any
sheriff
or
deputy
sheriff of
any
county,
or
any
other
federal
or
state
law
enforcement
officer,
to
seize
the
asset,
document
or
other
thing
and
to
deliver
it
to
the
Receivers,
IT
IS
FURTHER
ORDERED
that,
upon
service
of a
copy
of
this
Order,
all
banks,
broker-
dealers,
savings
and
loans,
escrow
agents,
title
companies,
leasing
companies,
landlords,
ISOs,
credit
and
debit
card
processing
companies,
insurance
agents,
insurance
companies,
commodity
trading
companies
or
any
other
person,
including
relatives,
business
associates
or
friends
of
the
Defendants,
or
their
subsidiaries
or
affiliates,
holding
assets
of
the
Receivership
Party
or
in
trust
for
Receivership
Party
shall
cooperate
with
all
reasonable
requests
of
each
Receiver
relating
to
implementation
of
this
Order,
including
freezing
and
transferring
funds
at
his
or
her
direction
and
producing
records
related
to
the
assets
of
the
Receivership
Party,
STAY
OF
ACTIONS
IT
IS
FURTHER
ORDERED
that:
A,
Except
by
leave
of
this
Court,
during
the
pendency
of
the
receivership
ordered
herein,
all
other
persons
and
entities
aside
from
the
Receiver
are
hereby
stayed
from
taking
any
action
to
establish
or
enforce
any
claim,
right,
or
interest
for,
against,
on
behalf
of,
in,
or
In
the
name
of,
the
Receivership
Party,
any
of their
partnerships,
assets,
documents,
or
the
Receiver
or
the
Receiver's
duly
authorized
agents
acting
in
their
capacities
as
such,
including,
but
not
limited
to,
the
following
actions:
1,
Commencing,
prosecuting,
continuing,
entering,
or
enforcing
any
suit
or
proceeding,
except
that
such
actions
may
be
filed
to
toll
any
applicable
statute
of
limitations;
2,
Accelerating
the
due
date
of
any
obligation
or
claimed
obligation;
filing
or
enforcing
any
lien;
taking
or
attempting
to
take
possession,
custody
or
control
of
any
asset;
ORDER
APPOINTING
RECEIVER
-
Page
12
writs
requested
by
the
Receivers,
The
writs
shall
authorize
and
direct
the
United
States
Marshal
or
any
sheriff
or
deputy
sheriff of
any
county,
or
any
other
federal
or
state
law
enforcement
officer,
to
seize
the
asset,
document
or
other
thing
and
to
deliver
it
to
the
Receivers,
IT
IS
FURTHER
ORDERED
that,
upon
service
of a
copy
of
this
Order,
all
banks,
broker-
dealers,
savings
and
loans,
escrow
agents,
title
companies,
leasing
companies,
landlords,
ISOs,
credit
and
debit
card
processing
companies,
insurance
agents,
insurance
companies,
commodity
trading
companies
or
any
other
person,
including
relatives,
business
associates
or
friends
of
the
Defendants,
or
their
subsidiaries
or
affiliates,
holding
assets
of
the
Receivership
Party
or
in
trust
for
Receivership
Party
shall
cooperate
with
all
reasonable
requests
of
each
Receiver
relating
to
implementation
of
this
Order,
including
freezing
and
transferring
funds
at
his
or
her
direction
and
producing
records
related
to
the
assets
of
the
Receivership
Party,
STAY
OF
ACTIONS
IT
IS
FURTHER
ORDERED
that:
A,
Except
by
leave
of
this
Court,
during
the
pendency
of
the
receivership
ordered
herein,
all
other
persons
and
entities
aside
from
the
Receiver
are
hereby
stayed
from
taking
any
action
to
establish
or
enforce
any
claim,
right,
or
interest
for,
against,
on
behalf
of,
in,
or
In
the
name
of,
the
Receivership
Party,
any
of their
partnerships,
assets,
documents,
or
the
Receiver
or
the
Receiver's
duly
authorized
agents
acting
in
their
capacities
as
such,
including,
but
not
limited
to,
the
following
actions:
1,
Commencing,
prosecuting,
continuing,
entering,
or
enforcing
any
suit
or
proceeding,
except
that
such
actions
may
be
filed
to
toll
any
applicable
statute
of
limitations;
2,
Accelerating
the
due
date
of
any
obligation
or
claimed
obligation;
filing
or
enforcing
any
lien;
taking
or
attempting
to
take
possession,
custody
or
control
of
any
asset;
ORDER
APPOINTING
RECEIVER
-
Page
12
Case: 10-11202 Document: 00511426994 Page: 56 Date Filed: 03/28/2011
Case 3:09-cv-00988-F Document 124 Filed 11/24/10 Page 13 of 14 PageID 2079
attempting
to
foreclose,
forfeit,
alter
or
terminate
any
interest
in
any
asset,
whether
such
acts
are
part
of a judicial
proceeding
or
are
acts
of
self-help
or
otherwise;
3.
Executing,
issuing,
serving
or
causing
the
execution,
issuance
or
service
of,
any
legal
process
including,
but
not
limited
to,
attachments,
garnishments,
subpoenas,
writs
of
replevin,
writs
of
execution,
or
any
other
form
of
process
whether
specified
in
this
Order or
not;
and
4.
Doing
any
act
or
thing
whatsoever
to
interfere
with
the
Receiver
taking
custody,
control,
possession,
or
management
of
the
assets
or
documents
subject
to
this
receivership,
or
to
harass
or
interfere
with
the
Receiver
in
any
way,
or
to
interfere
in
any
manner
with
the
exclusive
jurisdiction of
this
Court
over
the
assets
or
documents
of
the
Receivership
Party;
B.
This
Order
does
not
stay:
1.
The
commencement
or
continuation
of a
criminal
action
or
proceeding;
and
2.
Except
as
otherwise
provided
in
this
Order,
all
persons
and
entities
in
need
of
documentation
from
the
Receiver
shall
in
all
instances
first attempt
to
secure
such
information
by
submitting
a
formal
written
request
to
the
Receiver,
and,
if
such
request
has
not
been
responded
to
within
30
days
of
receipt
by
the
Receiver,
any
such
person
or
entity
may
thereafter
seek
an
Order of
this
Court
with
regard
to
the
relief
requested.
ORDER
APPOINTING
RECEIVER
-
Page
13
attempting
to
foreclose,
forfeit,
alter
or
terminate
any
interest
in
any
asset,
whether
such
acts
are
part
of a judicial
proceeding
or
are
acts
of
self-help
or
otherwise;
3.
Executing,
issuing,
serving
or
causing
the
execution,
issuance
or
service
of,
any
legal
process
including,
but
not
limited
to,
attachments,
garnishments,
subpoenas,
writs
of
replevin,
writs
of
execution,
or
any
other
form
of
process
whether
specified
in
this
Order or
not;
and
4.
Doing
any
act
or
thing
whatsoever
to
interfere
with
the
Receiver
taking
custody,
control,
possession,
or
management
of
the
assets
or
documents
subject
to
this
receivership,
or
to
harass
or
interfere
with
the
Receiver
in
any
way,
or
to
interfere
in
any
manner
with
the
exclusive
jurisdiction of
this
Court
over
the
assets
or
documents
of
the
Receivership
Party;
B.
This
Order
does
not
stay:
1.
The
commencement
or
continuation
of a
criminal
action
or
proceeding;
and
2.
Except
as
otherwise
provided
in
this
Order,
all
persons
and
entities
in
need
of
documentation
from
the
Receiver
shall
in
all
instances
first attempt
to
secure
such
information
by
submitting
a
formal
written
request
to
the
Receiver,
and,
if
such
request
has
not
been
responded
to
within
30
days
of
receipt
by
the
Receiver,
any
such
person
or
entity
may
thereafter
seek
an
Order of
this
Court
with
regard
to
the
relief
requested.
ORDER
APPOINTING
RECEIVER
-
Page
13
Case: 10-11202 Document: 00511426994 Page: 57 Date Filed: 03/28/2011
Case 3:09-cv-00988-F Document 124 Filed 11/24/10 Page 14 of 14 PageID 2080
JURISDICTION
IT
IS
FURTHER
ORDERED
that
this
Court
shall
retain
jurisdiction of
this
matter
for
all
purposes.
1J..
SO
ORDERED,
this
£daY
of
~
t»s
2010
ORDER
APPOINTING
RECEIVER
-
Page
14
JURISDICTION
IT
IS
FURTHER
ORDERED
that
this
Court
shall
retain
jurisdiction of
this
matter
for
all
purposes.
1J..
SO
ORDERED,
this
£daY
of
~
t»s
2010
ORDER
APPOINTING
RECEIVER
-
Page
14
Case: 10-11202 Document: 00511426994 Page: 58 Date Filed: 03/28/2011
NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT - Page 1
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
NETSPHERE, INC., )
MANILA INDUSTRIES, INC., and )
MUNISH KRISHAN, )
Plaintiffs, )
)
vs. ) Civil Action No. 3-09CV0988-F
)
JEFFREY BARON, and )
ONDOVA LIMITED COMPANY, )
Defendants. )
NOTICE OF APPEAL TO THE
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
______________________________
Notice is hereby given that JEFFREY BARON, defendant in the above-named
case hereby appeals to the United States Court of Appeals for the Fifth Circuit from the
District Court’s Order Appointing Receiver signed on November 24, 2010 [Docket #124,
and Docket #130, Entered 11/30/2010].
This appeal is taken pursuant to 28 U.S.C. §1292(a)(2).
The parties to the order appealed from and the names, addresses, and telephone
numbers of their respective attorneys are as follows:
Case 3:09-cv-00988-F Document 136 Filed 12/02/10 Page 1 of 3 PageID 2162
Case: 10-11202 Document: 00511426994 Page: 59 Date Filed: 03/28/2011
NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT - Page 2
Appellant: Defendant JEFFREY BARON
Represented on Appeal by:
Gary N. Schepps
Drawer 670804
Dallas, Texas 75367
Telephone (214) 210-5940
Facsimile (214) 347-4031
legal@schepps.net
Appellee: Defendant ONDOVA LIMITED COMPANY
c/o DANIEL J. SHERMAN, Trustee
Represented by: Raymond J. Urbanik
Munsch, Hardt, Koph & Harr, PC
500 N. Akard Street, Suite 3800
Dallas, Texas 75201-6659
Telephone (214) 855-7500
Facsimile (214) 855-7584
rurbanik@munsch.com
Dated: December 2, 2010.
Respectfully submitted,
/s/ Gary N. Schepps
Gary N. Schepps
State Bar No. 00791608
Drawer 670804
Dallas, Texas 75367
Telephone (214) 210-5940
Facsimile (214) 347-4031
legal@schepps.net
APPELLATE COUNSEL
FOR JEFFREY BARON
Case 3:09-cv-00988-F Document 136 Filed 12/02/10 Page 2 of 3 PageID 2163
Case: 10-11202 Document: 00511426994 Page: 60 Date Filed: 03/28/2011
NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT - 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 and including:
Gary G. Lyon Raymond J. Urbanik
PO Box 1227 Munsch, Hardt, Koph & Harr, PC
Anna, Texas 75409 500 N. Akard Street, Suite 3800
glyon.attorney@gmail.com Dallas, Texas 75201-6659
rurbanik@munsch.com
Martin Thomas
PO Box 36528
Dallas, Texas 75235
thomas12@swbell.net
/s/ Gary N. Schepps
Gary N. Schepps
Case 3:09-cv-00988-F Document 136 Filed 12/02/10 Page 3 of 3 PageID 2164
Case: 10-11202 Document: 00511426994 Page: 61 Date Filed: 03/28/2011
CERTIFICATE OF SERVICE
This is to certify that these record excerpts were served this day on all parties who
receive notification through the Court’s electronic filing system and by e-mail to:
Raymond J. Urbanik, Esq.
MUNSCH HARDT KOPF & HARR, P.C.
3800 Lincoln Plaza
500 N. Akard Street
Dallas, Texas 75201-6659
Telephone: (214) 855-7500
Facsimile: (214) 855-7584
CERTIFIED BY: /s/ Gary N. Schepps
Gary N. Schepps
COUNSEL FOR APPELLANT
Case: 10-11202 Document: 00511426994 Page: 62 Date Filed: 03/28/2011
