COUNTER NOTICE OF FIFTH CIRCUIT ORDER - Page 1
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
NETSPHERE, INC., Et. Al. §
Plaintiffs, §
vs. § Civil Action No. 3-09CV0988-F
§
JEFFREY BARON, Et. Al. §
Defendants §
COUNTER NOTICE OF FIFTH CIRCUIT ORDER
TO THE HONORABLE ROYAL FURGESON, SENIOR U.S. DISTRICT
JUDGE:
Out of an abundance of caution Defendant Jeff Baron files this counter
notice of the Fifth Circuit’s Order and raises to the attention of this Honorable
Court the following aspect of the Fifth Circuit’s ruling the Receiver’s notice
omitted:
“[A]ll fees and expenses need to be re-evaluated in light of our
holding that the Receivership should not have been created. That
conclusion neither authorizes nor prevents further necessary
disbursements. The import of our order of November 9, 2012, has not
changed, which said this: "Disbursement of any other assets of the
Receivership should be as limited as possible …”
“[T]he only expenditures should be those appropriate for the
Receiver to make until relinquishment of control of assets. It is for the
district court to make the initial determination of whether approval of
additional fees and expenses is appropriate at this time in light of the
re-evaluation of all fees and expenses of the Receivership.”
Case 3:09-cv-00988-F Document 1131 Filed 12/31/12 Page 1 of 2 PageID 62008
