APPENDIX
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
NOVO POINT, LLC., et al.
Plaintiffs,
vs.
ELISA KATZ, et al.
Defendants
§
§
§
§
§
§
Civil Action No. 3:14-CV-1552-L
APPENDIX INDEX
Exhibit A - Baron-McNair Counsel's Threat to Fabulous............... 2
Exhibit B - Keating's Recent Filing..................................................5
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 1 of 21 PageID 2387
11
935494_3 /
11 August 2014
UR
GENT
Mr Erhan Karabardak
Director
Cooper Mills Lawyers
Level 4
459 Little Collins Street
MELBOURNE VIC 3000
erhan.karabardak@coopermills.com.au
Dear Erhan
Novo Point – Quantec domain names
We understand that you act for Fabulous, the registrar in relation to the above referenced domain names.
We are solicitors for Novo Point, LLC and Quantec, LLC, both Cook Islands corporations, and on behalf of
RPV Ltd, trustee of the Village Trust. The Trust is a Cook Islands trust and owner of both Novo Point and
Quantec.
Our clients intend to seek urgent injunctive relief against your client, to prevent your client from unlocking so
as to permit transfer or any change to the WHOIS (including name server designation) to any accounts in
which Novo Point or Quantec directly or indirectly hold domain names with Fabulous.
While we understand that Fabulous does not wish to be placed in a situation in which it must adjudicate
matters, we do not believe Fabulous is being placed in such a position.
With respect to the US Court Orders apparently referenced by Ms. Elissa Katz, such orders merely directed
that the Receiver in that action tender assets to Ms. Katz. The Court Orders explicitly stated the Court’s
refusal to determine control or ownership of the LLCs or whether Ms. Katz had authority going forward. The
Orders state in relevant part as follows:
“The court rejects the Receiver’s request for it to conduct a show cause hearing or
proceedings to determine the ownership of the Baron or Novo Point/Quantec assets, and will
not consider any evidence in this regard. The court therefore denies the Receiver’s request for
a scheduling conference. While the ownership of Novo Point and Quantec may have been
relevant in the bankruptcy proceeding, such a determination is not relevant or necessary to
comply with the Fifth Circuit’s mandate that the receivership, the creation of which was
determined to be improper, be wound down expeditiously. Thus, any such determination is
outside of the court’s jurisdiction. For the same reason, the court does not and will not have
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 2 of 21 PageID 2388
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11935494_3 Pa
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jurisdiction in this case over any claims and disputes regarding the ownership of the
re
ceivership.
Accordingly, except for cash currently remaining in the receivership, the Receiver is directed to
return without delay by March 7, 2014, all of Baron’s receivership assets to Baron, and all
receivership assets of Novo Point and Quantec shall be returned to Novo Point’s and
Quantec’s designated and authorized agent Lisa Katz."
1
The Court reiterated its refusal to inquire into authority, control or ownership in the 10 March Order.
Baron contends that there is no evidence before the court that Lisa Katz, the person
designated by Novo Point LLC and Quantec LLC, is the current manager of the LLCs, and that
steps have been taken to terminate Christopher Payne as counsel for the LLCs. For the
reasons previously explained, the court concludes that it would be improper for it to conduct
proceedings regarding the ownership of Novo Point LLC and Quantec LLC, that it is
unnecessary for the court to engage in such an extensive undertaking to effect the winding
down of the receivership, and that such proceedings would unnecessarily delay the winding
down of the receivership. Further, as Baron previously requested the Fifth Circuit to clarify that
he is not the principal beneficiary of Novo Point LLC and Quantec LLC, it does not appear that
he has standing to oppose the manner in which the court has directed the Receiver to return
the Novo Point LLC and Quantec LLC receivership assets.
2
Thus, in any situation, Katz is an agent and as such is beholding to the principal. As you know from Mr.
Keating’s letter to you of 8 August, Ms. Katz is refusing to submit to any principal AND, more egregiously, not
undertaking any efforts to seek instruction from any principal. Rather, she is undertaking all efforts to block
any attempt by the principals to gain control. Should the accounts be unlocked it is believed that she will
undertake to immediately transfer the domain names of our client. This is harm that our client will suffer,
where damages may not be an adequate remedy.
In the circumstances, Fabulous will be taking significant risks if it relies upon the US Court Order references
by Ms Katz. In short, as discussed above, the US Court Order is not directly on point, and a US Court does
not have the appropriate jurisdiction that can be relied upon by Fabulous in this instance.
A Declaratory Relief Application is presently pending in the Cook Islands. The Application seeks to confirm
the authority of the current trustee of the Trust as well as of the LLCs’ manager, Mr. David McNair. These
issues are exclusively within the jurisdiction of the Cook Islands Courts as they pertain to Cook Islands
entities controlled by Cook Islands laws. The trustee is a Cook Islands entity and Mr. McNair is a Cook
Islands resident.
As you know, judges in the Cook Islands Courts are experienced judges and other legal experts usually
sourced from either Australia or New Zealand. The application is well underway and I understand you have
received a copy of the filings from Mr. Keating, an attorney who also acts for my clients. There should be no
reason why Fabulous should not be satisfied with a judgment from a Cook Islands Court.
We therefore request that Fabulous consent to retaining the lock on the accounts pending resolution of the
Cook Islands application. In the event this is for some reason not satisfactory, we request that the lock
1
Netsphere action, Court Order dated February 28, 2014, Doc 1368, p.9. Emphasis added. A copy was provided to you
with Mr. Keating’s letter of August 8, 2014.
2
Netsphere action, Court Order dated March 11, 2014, Doc 1397, p. 2. A copy was provided to you with Mr. Keating’s
letter of August 8, 2014.
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 3 of 21 PageID 2389
Cooper Mills Lawyers 11
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remain in place for 10 days from the date of this letter, to allow our clients to file for urgent injunctive relief in
th
e Supreme Court of Queensland. In the event such a local action is required, please kindly confirm that
you will accept service on behalf of Fabulous?
Our clients reserve all their rights.
Yours sincerely
]É{Ç fã|ÇáÉÇ
John Swinson
Partner in Charge, Brisbane
T +61 7 3244 8050
john.swinson@au.kwm.com
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 4 of 21 PageID 2390
No. 13
10696
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
NETSPHERE, INCORPORATED; ET AL,
Plaintiffs,
vs.
JEFFREY BARON,
Defendant–Appellant,
QUANTEC L.L.C.; NOVO POINT, L.L.C.,
Movants–Appellants
vs.
PETER S. VOGEL,
Appellee,
Appeal from the United States District Court
for the Northern District of Texas, Dallas Division
Docket No. 3:09-CV-988
APPELLANTS NOVO POINT, LLC AND QUANTEC, LLC’S
UNOPPOSED EXPEDITED MOTION TO EXTEND DEADLINE TO
FILE APPELLANTS’ OPPOSITION TO MOTION OF GARDERE
WYNNE SEWELL LLP TO DISMISS APPEAL OF NOVO
POINT/QUANTEC; ALTERNATIVE MOTION TO ABATE AND
REMAND TO DETERMINE APPELLATE JURISDICTION (DOC
00512724150)
/s/ Paul Raynor Keating
PAUL RAYNOR KEATING
173 Balmes 2
o
2
a
, 08006
Barcelona, Spain, Tel. (415)
937.0836, Fax. (415) 358.4450
Attorneys for Appellants, Novo
Point LLC and Quantec LLC
Case: 13-10696 Document: 00512734635 Page: 1 Date Filed: 08/14/2014
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 5 of 21 PageID 2391
TO THE HONORABLE JUDGES OF THIS COURT:
Novo Point, LLC and Quantec, LLC (“Appellants”) respectfully request
that the Court grant a TEN (10) day extension to file Appellants’ Opposition to
the Motion Of Gardere Wynne Sewell LLP To Dismiss Appeal Of Novo
Point/Quantec; Alternative Motion To Abate And Remand To Determine
Appellate Jurisdiction (Doc 00512724150) and would show:
Gardere Wynne Sewell LLP is indicated in the Court’s docket as a non-
party in this Appeal.
On August 6, 2014, Appellants’ counsel received notice via the Electronic
Court Filing System of the above motion filed by Gardere Wynne Sewell, LLP
(“Gardere”).
Appellants’ counsel, a sole practitioner, has been required to respond to a
Summary Judgment Motion in Novo Point, filed August 13, 2014 in Novo Point,
LLC And Quantec, LLC, Plaintiffs v. Elisa Katz, et al., Civil Action No. 3:14-cv-
01552-L, pending in The United States District Court For The Northern District
Of Texas, and has been, and remains, in the process of preparing and responding
to filings undertaken in an action filed in foreign jurisdictions, including the
Cook Islands and in Queensland Australia. When it became apparent that Mr.
Keating could not complete the above and timely respond to Gardere’s motion,
he consulted with counsel requesting a short extension.
On August 12, 2014, Appellants’ counsel, Mr. Keating, forwarded an
email to all relevant counsel in this Appeal requesting a ten (10) day extension in
which to file Appellants’ Opposition. A true and correct copy of Mr. Keating’s
email is attached as Exhibit “A”.
On August 12, 2014, Mr. Keating received an email from David J. Schenck,
counsel for Appellee Mr. Peter S. Vogel, indicating no opposition to the request.
A true and correct copy of Mr. Schenck’s email is attached as Exhibit “B”.
During a telephone conference on August 12, 2014, Mr. Leonard Simon of
Pendergraft & Simon, LLC, counsel for appellant Jeffery Baron, orally consented
to the requested extension.
Case: 13-10696 Document: 00512734635 Page: 2 Date Filed: 08/14/2014
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 6 of 21 PageID 2392
On August 13, 2014, Mr. Keating received an email from Stacy Obenhaus,
one of the counsel listed for Gardere, indicating no opposition to the request. A
true and correct copy of Mrs. Obenhaus’ email is attached as Exhibit “C”.
On August 6, 2014, this Court granted the request of Appellee Mr. Peter S.
Vogel, extending the briefing schedule in this matter until September 19, 2014.
On August 6, 2014, Gardere filed a MOTION to extend time to an opening
brief until September 19, 2014. Appellants do not oppose Gardere’s motion to
extend time.
This extension is being requested in good faith and not for purposes of
delaying or harassing. It is requested so that Appellants’ may have a fair
opportunity to respond to the motion seeking dismissal of their appeal.
The instant motion is unopposed by Appellee and by movant, Gardere.
The short extension requested will not act to prejudice any party or this
Court.
WHEREFOR, Appellants respectfully request that this Court issue an
order providing that Appellants’ Opposition to Gardere’s motion to dismiss
shall be due on August 25, 2014.
/s/ Paul Raynor Keating
PAUL RAYNOR KEATING
173 Balmes 2
o
2
a
, 08006
Barcelona, Spain, Tel. (415)
937.0836, Fax. (415) 358.4450
Attorneys for Appellants, Novo
Point LLC and Quantec LLC
Case: 13-10696 Document: 00512734635 Page: 3 Date Filed: 08/14/2014
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 7 of 21 PageID 2393
EXHIBIT “A”
Case: 13-10696 Document: 00512734635 Page: 4 Date Filed: 08/14/2014
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 8 of 21 PageID 2394
Subject: Request for Extension to File Opposition to Motions Re: Netsphere/Baron/Quantec, No. 13
10696, US Court of Appeals, Fifth Circuit
Date: Tuesday, August 12, 2014 7:50:44 PM Central European Summer Time
From: Paul Keating <paul@law.es>
To: Obenhaus, Stacy <sobenhaus@gardere.com>, m.tayari@tayarilaw.com
<m.tayari@tayarilaw.com>, dschenck@dykema.com <dschenck@dykema.com>, Leonard
Simon (LSimon@pendergraftsimon.com) <LSimon@pendergraftsimon.com>,
craig.c@westllp.com <craig.c@westllp.com>, whaddock@pendergraftsimon.com
<whaddock@pendergraftsimon.com>, mbprobus@wplaw.com <mbprobus@wplaw.com>
Priority: High
Dear Ms. Obenhaus and everyone else,
In reference to Gardere Wynne's pending motion set out in Doc 00512724150, I ask that you kindly consent to a
10 day extension of time such that the Opposition for Novo Point and Quantec are due on the 25th of August.
I am currently preparing an opposition in a motion for summary judgment in another action and have a
substantial amount of work to do with a filing in the Cook Islands and another in Queensland Australia. Given my
workload I will not be able to complete an opposition to your motion on or before its due date of the 15th.
I look forward to hearing from you.
Sincerely,
Paul Raynor Keating, Esq.
Law.es
Tel. +34 93 368 0247 (Spain)
Tel. +447531400177 (UK)
Fax. (Europe) +34 93 396 0810
Fax. (US)(415) 358.4450
Skype: PrkSpain
email: Paul@law.es
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From: "Obenhaus, Stacy" <sobenhaus@gardere.com>
Case: 13-10696 Document: 00512734635 Page: 5 Date Filed: 08/14/2014
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 9 of 21 PageID 2395
Date: Thursday, July 31, 2014 5:21 PM
To: Paul Keating <paul@law.es>, "m.tayari@tayarilaw.com" <m.tayari@tayarilaw.com>,
"dschenck@dykema.com" <dschenck@dykema.com>, "Leonard H. Simon"
<lsimon@pendergraftsimon.com>, "craig.c@westllp.com" <craig.c@westllp.com>,
"whaddock@pendergraftsimon.com" <whaddock@pendergraftsimon.com>, "mbprobus@wplaw.com"
<mbprobus@wplaw.com>, Paul Keating <paul@law.es>, Paul Keating <prkeating@renovaltd.com>
Subject: Netsphere/Baron/Quantec, No. 1310696, US Court of Appeals, Fifth Circuit
Anyone object to Gardere appearing in the appeal to seek the relief requested below? Anyone object
to the relief?
From: Obenhaus, Stacy
Sent: Tuesday, July 29, 2014 12:18 PM
To: paul@law.es
; 'm.tayari@tayarilaw.com'; dschenck@dykema.com; Leonard Simon
(LSimon@pendergraftsimon.com
); 'craig.c@westllp.com'; 'whaddock@pendergraftsimon.com';
'mbprobus@w-plaw.com
'; 'Paul@law.es'; 'PRKeating@Renovaltd.com'
Subject: Netsphere/Baron/Quantec, No. 13-10696, US Court of Appeals, Fifth Circuit
At your earliest convenience, let me know if your clients will oppose a motion by the Gardere law firm
to dismiss the appeals as to Gardere, with regard to both Baron and the Novo Point/Quantec parties.
Also . . .
At your earliest convenience, let me know if your clients will oppose a motion by the Gardere law firm
(a) to abate the appeal, and remand to the district court to determine the issues being raised there
regarding the attorneys’ authority to file the appeal on behalf of Novo Point/Quantec, (b) to abate all
briefing deadlines pending that determination, and (c) in the alternative, to extend for 30 days any
briefing deadline the Gardere law firm has for filing any principal brief as appellee in this case.
Stacy R. Obenhaus
Board Certified - Civil Appellate Law
Texas Board of Legal Specialization
Gardere Wynne Sewell LLP
3000 Thanksgiving Tower
1601 Elm Street
Dallas, Texas 75201-4761
Tel: 214.999.4868
Fax: 214.999.3868
sobenhaus@gardere.com
www.gardere.com
Austin | Dallas | Houston | Mexico City
Case: 13-10696 Document: 00512734635 Page: 6 Date Filed: 08/14/2014
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 10 of 21 PageID 2396
EXHIBIT “B”
Case: 13-10696 Document: 00512734635 Page: 7 Date Filed: 08/14/2014
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 11 of 21 PageID 2397