Letter by Schepps Asking Court for Pmt Doc 339

G A R Y   N.  S C H E P P S 
 
A T T O R N E Y   &   C O U N S E L O R  
 
DRAWER 670804 
DALLAS, TEXAS 75367 
                                                                                                                        TELEPHONE
                                                                                                                 
       FACSIMILE 
214-210-5940
 
214-347-4031
 
 
March 3, 2011 
 
VIA HAND DELIVERY 
 
Hon. Judge W. Royal Furgeson, Jr. 
United States District Judge 
1100 Commerce Street, Room 1359 
Dallas, Texas  75242-1001 
 
    Re:  3-09CV0988-F;  Netsphere, Inc., et al v. Jeffrey Baron, et al 
 
Your Honor, 
 
    Your honor's goal is for cooperation to kick out animosity, to achieve the Court's 
goals.    I have put my shoulders behind that goal and am pushing with all my strength.  
 
    Looks like I need your help to turn my partner in the right direction.   
 
    Your honor knows I am a solo practitioner, and I hope your honor will understand 
that  I  do  not  have  the  time  available to  respond  to  the  personally  directed  mountain  of 
mud slinging from the receiver point by point.   
 
    Just pulling at random from the pile, the receiver claims at page 13 of their report 
to this Court that we are fabricating an emergency: "February 16, 2011, Mr. Baron signed 
a Declaration also stating under oath that the automotive situation was an emergency." 
 
    If your honor will get your honor’s hands on a copy of Mr. Baron's February 16, 
2011 Declaration, your honor can weigh the words of the receiver against the truth.      
 
    I am a solo practitioner.  I am not a member of a large firm teeming with lawyers.  
Hopefully that does not reduce the weight of my argument in the court's eyes. 
  
    We  would  like to  dissolve  this  receivership today.      I have weighed this Courts’ 
words carefully. 
 
USCA5 609

 
 
 
Hon. Judge W. Royal Furgeson, Jr. 
March 3, 2011 
Page 2 
__________________________________ 
 
 
 
    Jeff  agrees  to  fully  comply  with  every  order  of  this  Court  that  your  honor  has 
found Jeff to be in contempt of.  Accordingly, the receivership is not necessary to compel 
any compliance on his part. 
 
    If  the  receivership  is  punishment,  i.e.,  criminal  contempt,  then  obviously  that 
doesn't matter.   
 
    However, if the receivership is civil contempt, Jeff should be allowed to purge the 
sanction–  immediately–  by  agreeing  to  comply  with  the  order  that  led  to  the  contempt 
sanction. 
 
    Jeff so agrees. 
 
    Accordingly, we hope the court can dissolve the receivership immediately. 
 
 
    There is around $330,000.00 in the hands of the bankruptcy court as ‘escrow’ for 
any fee claims.  Mr. Sherman has another $300,000.00 of Jeff’s money, (the ‘enterprise’ 
money)  in  escrow.    That  is  $630,000.00.    If  the  Court  desires  to  retain  in  an  ‘escrow’ 
account Jeff’s non-exempt funds currently in receivership, Jeff would be understanding. 
 
    This Court ordered mediation to resolve the attorney’s claims.  Upon release from 
the civil contempt, we are prepared to comply with the Court’s order and to resolve the 
matters – as with every order of this Court. 
 
 
                              Very truly yours, 
 
 
 
 
                              Gary N. Schepps 
                              Counsel for Jeff Baron 
 
 
 
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