Motion Court’s denial regarding secret ex parte proceedings

 
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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF TEXAS 
DALLAS DIVISION 
 
NETSPHERE, INC.,   ET. AL.     § 
 Plaintiffs     §  
          § Civil Action No. 3-09CV0988-F 
v.     §     
JEFFREY BARON, ET. AL.       § 
 Defendants.     § 
 
MOTION FOR LEAVE TO FILE MOTION TO RECONSIDER COURT’S 
DENIAL [DOC 1028] OF: 
BARON’S MOTION FOR CORRECTION OF THE RECORD AND 
CLARIFICATION REGARDING THE SECRET EX PARTE 
PROCEEDINGS TO INSTALL VOGEL AS RECEIVER OVER BARON 
AND TO CONFIRM AND APPROVE A STATEMENT OF THE SECRET 
EX PARTE PROCEEDINGS THAT WERE HELD [DOC 974] 
 
JEFFREY BARON respectfully moves this Court reconsider its denial of leave to 
file Baron’s motion for the Court to (1) confirm and clarify that an ex parte hearing was 
held to install Peter Vogel as receiver over Baron, (2) to clarify certain issues regarding 
the  ex parte proceedings, and (3) to confirm and approve a statement of the secret ex 
parte proceedings which were held.   
1.  This Honorable Court has ordered [Doc 359] that Baron is required to file 
motions for leave in order to file motions.   
2.  As discussed below, this Honorable Court has erred in believing that an 
order declaring the issue moot was appropriate because the Court declined to grant 
Baron’s motion [Doc 974] prior to the deadline to file Baron’s principal briefing in the 
most recent interim appeal pending before the Fifth Circuit. 
3.  The necessity for the relief by correction of the record and clarifications 
regarding the secret ex parte hearing and proceedings and the confirmation and approval 
Case 3:09-cv-00988-F   Document 1033   Filed 07/16/12    Page 1 of 2   PageID 60204

 
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of a statement of the secret ex parte proceedings is relevant not only to the principal 
briefing that has already been filed, but is also relevant to future briefings in the Fifth 
Circuit Court of Appeals, including (A) reply briefing in the pending appeals, and (B) 
briefing in appeals from orders that have not yet been briefed before the Fifth Circuit, 
such as from recently granted orders disposing of receivership res.   
WHEREFORE Jeffrey Baron respectfully prays that this Honorable Court grant 
the relief requested.  
 
Respectfully submitted, 
 
  /s/ Gary N. Schepps
 
Gary N. Schepps 
Texas State Bar No. 00791608 
(972) 200-0000 
(972) 200-0535 fax 
Drawer 670804  
Dallas, Texas 75367 
E-mail: legal@schepps.net 
 
APPELLATE COUNSEL  
FOR JEFFREY BARON
 
 
 
CERTIFICATE OF SERVICE
 
This is to certify that this document was served this day on all parties who receive 
notification through the Court’s electronic filing system. 
CERTIFIED BY:  /s/ Gary N. Schepps
 
      Gary N. Schepps 
Case 3:09-cv-00988-F   Document 1033   Filed 07/16/12    Page 2 of 2   PageID 60205