Motion to Reconsider Stay of Domain Name Sale

 
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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF TEXAS 
DALLAS DIVISION 
 
NETSPHERE, INC.,       § 
MANILA INDUSTRIES, INC., and   § 
MUNISH KRISHAN,       §  
Plaintiffs.           § 
  § Civil Action No. 3-09CV0988-F 
 v.   §  
 §  
JEFFREY BARON, and      §   
ONDOVA LIMITED COMPANY,    § 
 Defendants.     § 
 
EMERGENCY MOTION FOR LEAVE TO FILE: MOTION TO 
RECONSIDER STAY OF DOMAIN NAME SALES PENDING APPEAL  
 
TO THE HONORABLE JUDGE ROYAL FURGESON: 
COMES NOW JEFF BARON, and moves this Court to grant leave to file 
the following motion to reconsider stay of the sale of domain names pending 
appeal as this Honorable Court advised the Fifth Circuit would be done. [Doc 631].   
1.  This Honorable Court has ordered that any motions filed on behalf of Baron 
be filed as motions for leave. 
2.  Your Honor entered an Advisory order stating that Your Honor “would stay 
orders concerning the sale of domain names and orders concerning fees to be paid 
to the Baron attorneys pending appeal.”   Baron requested such an order and this 
Honorable Court granted such an order.    
3.  However, this Honorable Court has now entered an order that the stay will 
not
 be allowed pending appeal because Novo Point LLC and Quantec LLCs 
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motion before the Fifth Circuit was denied.   Accordingly, this Honorable Court is 
denying relief this Honorable Court Advised would be ordered, and is penalizing 
relief granted to Baron because of appellate motions made on behalf of Novo Point 
LLC and Quantec LLC.   
4.  This Honorable Court advised the Fifth Circuit that the orders to liquidate 
and pay attorneys would be stayed by this Honorable Court pending appeal.  Baron
 
requested from this Honorable Court that relief.  (This Court instructed the LLCs 
not to file motions with this Honorable Court, and therefore filed in the Fifth 
Circuit.).   Both Baron and the LLCs have honored the orders of this Honorable 
Court.    This motion respectfully prays that this Honorable Court will reconsider 
the issue and stay the asset sales pending appeal, as this Honorable Court Advised 
would be done. 
5.  Jointly and in the alternative, emergency temporary stay is prayed for to 
allow for alternative purchases to be found to raise the same net revenue from 
1/50
th
 of the amount of assets.  If each asset is worth over a million dollars, selling 
a single asset at a higher price will accomplish the purpose of paying fees, if that is 
the purpose.  Sherman has acknowledged on the record that individual domains can 
be sold for over a million dollars. 
6.  The domain names are unique, and if lost through sales the damage would 
be irreparable. Sherman and Vogel have taken the position that sale of domains are 
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non-appealable.  If that is correct, allowing the sales of unique names wrongfully 
would be irreparable. That is because once an asset is sold, might not be 
subsequently restored and appeal might be made moot as Sherman and Vogel 
argue. See, e.g,. American Grain Ass'n v. Lee-Vac, Ltd., 630 F.2d 245, 247 (5th Cir. 
1980).  Additionally, there is no party with sufficient assets to cover the loss should 
the sales be found to be wrongful.
 
 
WHEREFORE, Jeff Baron requests the Court to reconsider the stay of the 
domain name sales pending resolution of the issues on appeal before the Fifth 
Circuit.  
  
Respectfully submitted, 
 
  /s/ Gary N. Schepps
 
Gary N. Schepps 
Texas State Bar No. 00791608 
Drawer 670804 
Dallas, Texas 75367 
(214) 210-5940 - Telephone 
(214) 347-4031 - Facsimile 
E-mail: legal@schepps.net 
COUNSEL FOR JEFF BARON 
 
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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 
 
 
 
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