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
March 3, 2011
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
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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