Ltr to Judge from Schepps re Tele Conference Doc 437

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
 
 
April 5, 2011 
 
 
VIA EMAIL (and PACER) 
 
Hon. Judge W. Royal Furgeson, Jr. 
United States District Judge 
1100 Commerce Street, Room 1359 
Dallas, Texas  75242-1001 
 
    Re:  3-09CV0988-F In Re Jeff Baron Receivership 
 
 
Your Honor, 
 
    I am deeply concerned about the receiver's conduct and latest filing. 
 
    On Wednesday, the receiver’s counsel sent Mr. Baron an email and instructed him 
that Friday at 4:30pm to “Please dial in to 866-420-4353/code 826697 Thank you.”   The 
receiver’s  counsel  then  sent  a  second  email  with  an  updated  phone  number.    When  I 
called  in  for  Mr.  Baron  as  instructed,  I  announced  that  I  was  on  the  line  and  was 
immediately yelled at for harassment. 
 
    The  receiver  has  now  filed  what  appears  as  a  pre-planned  motion  claiming  that 
(1) no  email was sent  to  Mr. Baron;  (2)  we are in secret contact and a conspiracy with 
Mr.  Harbin  who  provided  the  information;  and  (3)  I  'crashed'  the  secret  meeting  in  a 
'pattern' of harassment. 
 
    It is a pile of garbage.  We have the emails from the receiver to Mr.  Baron  with 
their  instructions  to  call  in.    It  was  a  100%  pre-planned  setup.     The  receiver  sent  Mr. 
Baron at least two emails directing him to call a phone number at a fixed time.  Now the 
receiver has represented to your honor that no such letter was sent, and I 'harassed' them 
by calling in a number I obtained in secret through a conspiracy with Mr. Harbin.   
 
    The receiver 100% manufactured this event and 100% has misrepresented to 
this  Court.    The  receiver's  staging  of  this  ‘incident’  is  clearly  designed  to  discredit 
counsel and push the Court into angry action.    
Case 3:09-cv-00988-F   Document 437    Filed 04/05/11    Page 1 of 2   PageID 16447

 
 
 
Hon. Judge W. Royal Furgeson, Jr. 
April 5, 2011 
Page 2 
____________________________________ 
 
 
 
    My guess is it has to do with the receiver’s attempt to sell the LLC domain assets 
at  5  cents  on  the  dollar  in  secret  private  sales.  The  receiver  apparently  believes  this 
court’s  goal  is  to  destroy  Mr.  Baron  and  the  trust  he  set  up  to  fund  diabetes  research, 
under  the  guise  of  paying receiver fees  and  ‘attorney claims’. The  law  clearly  does  not 
support that, and the receiver is threatened with not receiving part of the fee they desire if 
your honor follows the law.  That appears to be the motivation for the receiver to set up 
this  ‘incident’–  to  give  passionate  impetus  not  to  let  ‘them  get  away  with  it’  by 
disregarding the law and acting ‘in the interest of justice’. 
 
    I hope your honor will not bite into the sandwich the receiver has prepared.  I will 
file a formal response, and attach a full copy of the emails. 
 
    With  respect  to  Jeff  personally,  the  tax  return  issue  is  a  new  one  raised  by  the 
receiver.  No law authorizes a receiver to file an individual's tax return for them.  Even a 
prisoner in custody files their own tax return– the warden does not do that for them.   
 
    While  stripping  Jeff  of  his  rights  with  respect  to  his  tax  returns  (if  the  law  and 
constitution  permitted  such  a  thing) drives up  the  receiver's fees–  it  does  not  serve  any 
goal or purpose set by this Court.  If the receiver has any legal precedent that a receiver 
can  file  an  individual's  federal  tax  return  without  their  consent,  they  have  kept  it  well 
hidden.   I will address this in a formal response, but would be saved much effort if your 
honor clarifies that Mr. Baron is to file his own individual tax returns. 
 
 
 
 
                          Very truly yours, 
 
                   
                          Gary N. Schepps 
                          Court Ordered trial counsel for Jeff Baron 
Case 3:09-cv-00988-F   Document 437    Filed 04/05/11    Page 2 of 2   PageID 16448