Evidence Furgeson Ordered Appointment of Receiver BEFORE Motion was Made

DECLARATION OF GARY SCHEPPS - Page 3 
 
 
Interlocutory Appeals of  
Orders in Receivership on Appeal 
 
From the United States District Court 
Northern District of Texas, Dallas Division 
Civil Action No. 3-09CV0988-F 
Hon. Judge William R. Furgeson Presiding 
 
  
     “1. My name is Gary Schepps.  I am the appellate counsel for Jeff 
Baron, Novo Point, LLC., and Quantec, LLC.  I am competent to make this 
declaration.  The facts stated in this declaration are within my personal 
knowledge and are true and correct.  I have knowledge of the stated facts, 
which I learned in my role as appellate counsel in the above entitled appeals. 
 
    “2. The following is a true and accurate screen clip from Adobe 
Acrobat 9 showing the creation date of Document 123 filed in Case 3:09-cv-
00988-F on 11/24/10, the “EMERGENCY MOTION OF TRUSTEE FOR 
APPOINTMENT OF A RECEIVER OVER JEFFREY BARON”. The file 
shows that it was created at 2:07 PM on 11/24/2010: 
      
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DECLARATION OF GARY SCHEPPS - Page 4 
   
 
 
 
    “3. The following is an e-mail record of ICANN, the international 
internet registry, showing that Raymond Urbanik, counsel for Sherman, 
informed ICANN that the District Court appointed Vogel as receiver at 1:15 
pm on 11/24/2010.   
 
From: Urbanik, Raymond  
Sent: Wednesday, November 24, 2010 3:54 PM 
To: 'Samantha Eisner' <Samantha.Eisner@icann.org> 
Cc: Erin Brady; Amy Stathos; 'schnabel.eric@dorsey.com'; 
mallard.robert@dorsey.com 
Subject: RE: Approval of Termination of Accreditation and Bulk Transfer 
 
Sam, Erin, Amy, Eric, Robert 
  
A receiver was appointed over Mr Baron today at 1:15 pm Central time by 
Senior United States Federal District Court Judge Royal Ferguson. 
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DECLARATION OF GARY SCHEPPS - Page 5 
  
The order also immediately suspends, enjoins and stays the transfer of 
the names by ICANN through the de - accredited registrar process. 
  
The newly appointed Receiver, Peter Vogel, will be sending you a copy of 
the order shortly. 
  
Please call if you would like to discuss this matter.  Thank you. 
  
  
-ray 
  
Raymond J. Urbanik 
MUNSCH HARDT KOPF & HARR, P.C. 
500 North Akard Street, Suite 3800 
Dallas, Texas 75201-6659 
Direct:  (214) 855-7590 
Fax:     (214) 978-4374 
rurbanik@munsch.com <mailto:rurbanik@munsch.com>  
munsch.com <http://www.munsch.com/>  
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Transactions Act or any other statute governing electronic transactions. 
 
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________________________________ 
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DECLARATION OF GARY SCHEPPS - Page 6 
From: Samantha Eisner [mailto:Samantha.Eisner@icann.org]  
Sent: Tuesday, November 23, 2010 8:10 PM 
To: Urbanik, Raymond 
Cc: Erin Brady; Amy Stathos 
Subject: FW: Approval of Termination of Accreditation and Bulk Transfer 
 
Hi Ray -  
I'm forwarding a message sent from our Registrar Liaison Group to the 
Primary Contact for Compana. 
I believe that the notice to the Registries will be forwarded by 
tomorrow. 
Best regards,  
Sam 
------ Forwarded Message 
From: Brian Peck <brian.peck@icann.org> 
Date: Tue, 23 Nov 2010 17:43:06 -0800 
To: "ondovalimited@gmail.com" <ondovalimited@gmail.com> 
Cc: Samantha Eisner <Samantha.Eisner@icann.org>, Tim Cole 
<Tim.Cole@icann.org>, Mike Zupke <Mike.Zupke@icann.org> 
Subject: Approval of Termination of Accreditation and Bulk Transfer 
Dear Mr. Nelson, 
We confirm receipt of your written notice of termination of your 
registrar's RAA.  We have completed our internal review and in 
accordance with ICANN's Inter-Registrar Transfer Policy, we approve your 
request to designate Fabulous.com Pty Ltd. as the gaining registrar to 
receive the bulk transfer of all names currently under management of 
your registrar.  We will contact the relevant registries shortly and you 
can coordinate the timing of the bulk transfers with the registries 
directly after they contact you.   
The termination will be effective on 30 November 2010.  As requested, 
ICANN waives the remainder of the 30-day notice period set forth in the 
RAA. 
Please note that your registrar remains responsible for all outstanding 
fees due to ICANN which are incurred up until the effective date of 
termination, which is 30 November, 2010.  Please let us know if you have 
any questions. 
Sincerely, 
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DECLARATION OF GARY SCHEPPS - Page 7 
Brian Peck 
Registrar Liaison Manager 
ICANN 
------ End of Forwarded Message 
  
 
 
 
 
I declare under penalty of perjury that the foregoing declaration is true and 
correct. 
 
Signed this 19th day of November, 2011, in Dallas, Texas. 
 
/s/ Gary N. Schepps
 
    Gary N. Schepps 
 
 
 
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