Motion to Stray Domain Name Sales Pending Appeal Doc 813

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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 STAY 
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  stay  the  sale  of  domain  names  pending  appeal  as  this 
Honorable  Court  advised  the  Fifth  Circuit  would  be  done.  [Doc  631].    Baron 
respectfully moves for the immediate issuance of a stay this date to prevent the sale 
of the domains pending appeal as this Honorable Court advised 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. 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 
non-appealable.  If that is correct, allowing the sales of unique names wrongfully 
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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.
3. For further cause, the argument of appellate  briefing is attached hereto as 
Exhibits “A” and “B” and incorporated herein by reference.
WHEREFORE,  Jeff  Baron  requests  the  Court  to  immediately  stay  the 
receivership pending resolution of the issues on appeal to 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
CERTIFICATE OF CONFERENCE
This  is  to  certify  that  the  undersigned  attempted  to  conferred  with  counsel  for 
Sherman and Vogel by E-mail.
CERTIFIED BY: /s/ Gary N. Schepps
Gary N. Schepps
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