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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. §
§ Motion for Expedited Relief
JEFFREY BARON, and §
ONDOVA LIMITED COMPANY, §
Defendants. §
MOTION FOR LEAVE TO FILE: MOTION PURSUANT TO 28 U.S.C. 144
TO THE HONORABLE JUDGE ROYAL FURGESON:
COMES NOW JEFF BARON, and moves this Court to grant leave to file the
following motion pursuant to 28 U.S.C. §144:
Based upon a careful review of the record of the case, and based upon the Courts
ruling with respect to the unfounded nature of the statements made with respect to Peter
Barrett, the undersigned counsel certifies that Jeff Barons affidavit and statements that he
cannot receive fair and impartial treatment nor a fair and impartial hearing before Judge
Furgeson with respect to attorneys claims has been made in good faith.
WHEREFORE, the SECTION 144 AFFIDAVIT OF JEFFREY BARON is
presented to this Court, for a determination of whether the facts and reasons set out in
the affidavit give fair support to the charge of a bent of mind that may prevent or
impede impartiality of judgment with respect the claims of attorneys and the respective
defenses thereto.
Case 3:09-cv-00988-F Document 498 Filed 04/27/11 Page 1 of 3 PageID 18374
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Respectfully submitted,
/s/ Gary N. Schepps
Gary N. Schepps
Texas State Bar No. 00791608
5400 LBJ Freeway, Suite 1200
Dallas, Texas 75240
(214) 210-5940 - Telephone
(214) 347-4031 - Facsimile
E-mail: legal@schepps.net
COURT ORDERED TRIAL
COUNSEL FOR JEFF BARON
Case 3:09-cv-00988-F Document 498 Filed 04/27/11 Page 2 of 3 PageID 18375
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CERTIFICATE OF SERVICE
This is to certify that this brief was served this day on all parties who receive
notification through the Court’s electronic filing system.
CERTIFICATE OF GOOD FAITH
DATED: April 27, 2011.
Based upon a careful review of the record of the case, and based upon the Courts
ruling with respect to the ‘unfounded’ nature of the statements made with respect to
Peter Barrett, the undersigned counsel certifies that Jeff Barons affidavit and
statements that he cannot receive fair and impartial treatment nor a fair and impartial
hearing before Judge Furgeson with respect to attorneys’ claims has been made in
good faith.
I am a solo practitioner and this motion was presented as quickly as I was able after
the Courts ruling with respect to the Barrett issues. I carefully reviewed the material
to provide this certificate and present this motion and there was delay due to 5
intervening days for which I have a firm religious commitment not to work (4 days of
Passover and a Sabbath). The prior two business days have been religious holidays,
and that is why this motion is filed now and not on Monday. This motion has been
made in good faith and is not intended as a surprise or as a procedural maneuver.
/s/ Gary N. Schepps
Gary N. Schepps
Case 3:09-cv-00988-F Document 498 Filed 04/27/11 Page 3 of 3 PageID 18376

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