2015-01-30 notice of filing of letter doc 64

 
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IN THE UNITED STATES DISTRICT COURT  
FOR THE NORTHERN DISTRICT OF TEXAS 
DALLAS DIVISION 
 
 
NOVO  POINT,  LLC  AND  QUANTEC, 
LLC, 
 
    PLAINTIFF, 
 
VS. 
 
ELISA KATZ, ET AL, 
 
    DEFENDANT. 
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CIVIL ACTION NO. 3:14-cv-01552-L 
 
   
 
NOTICE OF LETTER TO COURT  
 
     COMES  NOW  JEFFREY  BARON,  a  party  in  interest,  and  files  the 
attached Letter to the Court dated January 29, 2015. 
 
Respectfully submitted this 30
th
 day of January 2015. 
 
/s/ Leonard H. Simon 
Leonard H. Simon, Esq. 
TBN: 18387400; SDOT: 8200 
The Riviana Building  
2777 Allen Parkway, Suite 800  
Houston, Texas 77019  
(713) 737-8207 (Direct)  
(832) 202-2810 (Direct Fax)  
lsimon@pendergraftsimon.com  
ATTORNEYS IN CHARGE FOR  
JEFFREY BARON 
 
 
OF COUNSEL: 
PENDERGRAFT & SIMON 
The Riviana Building  
2777 Allen Parkway, Suite 800  
Houston, Texas 77019  
(713) 528-8555 (Main) 
(713) 868-1267 (Main Fax) 
 
Case 3:14-cv-01552-L   Document 64   Filed 01/30/15    Page 1 of 4   PageID 2421

 
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CERTIFICATE OF SERVICE 
  
  This is to certify that on the 30
th
 day of January 2015, a true and correct copy of the 
above  and  foregoing  was  served  through  the  Court’s  ECF  filing  system  on  all  parties 
registered to receive ECF notices. 
 
       Leonard H. Simon 
       Leonard H. Simon 
 
 
 
Case 3:14-cv-01552-L   Document 64   Filed 01/30/15    Page 2 of 4   PageID 2422

: 
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PS 
PENDERGRAFT 
SIMON 
LLP 
ATTORNEYS 
AT 
LAW 
2777 Allen Parkway, Suite 
800 
I  Houston, Texas 77019  I  www.pendergrafisimon.com 
EMAIL: ISimon@pendergrafisimon.com 
PHONE: 
713-528-8555 
CELL: 
713-253-2810 
FAX: 
832-202-2810 
Leonard 
H. 
Simon 
Board Certified 
in 
Business Bankruptcy Law 
Texas Board 
of 
Legal Specialization 
Honorable 
Sam. 
A. 
Lindsay 
United States District Judge 
1100 Commerce Street, Room 1544 
Dallas, Texas 
75242-1003 
JANUARY 
29,2015 
RE: 
Novo Point,  LLC, 
Et 
AI, 
v. 
Elisa Katz, 
Et 
AI, 
Civil Action No. 3:14-cv-1552-P; In the 
United States United States District Court for the Northern District 
of 
Texas - Dallas 
Division 
Dear Judge Lindsay: 
By  way 
of 
introduction,  Jeffrey  Baron  has  been  through  a  four-year  receivership 
proceeding that ultimately ended up before this Honorable Court upon the retirement 
of 
Judge 
Royal Ferguson at the end 
of 
May 2013.  Civil Action 3:09-CV-0988-F ("Receivership Case"). 
After paying more than $4,000,000 in fees  and expenses to the Receiver and his attorneys, the 
Fifth  Circuit  reversed  the  Receivership  and  vacated  nearly  every  order  entered 
by 
Judge 
Ferguson. 
Netspherre v Baron, 703. F.3d 296 (5th Cir 2012), cert denied, 135 S.Ct. 437. 
This  Honorable  Court  also  considered  an  appeal  from  a  Bankruptcy  Court 
Order  for 
Relief, and reversed the decision 
of 
the Bankruptcy Court.  Baron 
v. 
Schurig,  2014 WL 25519 
(N.D.  Tex. 
2014)  (the "Order for  Relief Appeal").  This Court's decision was  appealed to  the 
Fifth Circuit, and the court recently affirmed in part, reversed in part, and remanded.  However, 
after  the  parties  filed  Motions  for  Rehearing,  the  parties  settled  (Baron  and  the 
Petitioning 
Creditors), and the appeal was dismissed with a mandate that did not call for a remand.  The case 
is over, and this Honorable Court's decision is now final. 
After this Court decided the 
Order for Relief Appeal 
on 
January 
2,2014, 
this Honorable 
Court entered a series 
of 
orders in February and March 2014, returning the receivership assets to 
the receivership parties.  This Court ordered the placement 
of 
the assets 
of 
Novo Point, LLC and 
Quantec, LLC 
in 
the custody 
of 
Lisa Katz, which was vigorously contested by Mr.  Baron, but 
this Court determined that it did not have jurisdiction to entertain a contested matter concerning 
the proper ownership 
of 
such assets.  Since then, Ms. Katz has refused to account to the Trustee 
for the Village Trust, also  a Receivership 
Party, who 
everyone 
acknowledges is the owner 
of 
Case 3:14-cv-01552-L   Document 64   Filed 01/30/15    Page 3 of 4   PageID 2423

1 
1 
Honorable 
Sam 
A. Lindsay 
January 29, 2015 
Page 
2 
of2 
Novo 
Point, LLC and Quantec, LLC. 
Accordingly, 
Novo 
Point,  LLC  and  Quantec,  LLC  filed  a  state  court  case 
in 
Collin 
County, Texas, in an effort to accomplish what this Court determined it did not have jurisdiction 
over, that is, the determination 
of 
the right to ownership and control over Novo Point, LLC and 
Quantec, LLC and these entities'  assets. 
The 
referenced case was removed by Christopher A. 
Payne to the United States District Court for the Eastern District 
of 
Texas, and was subsequently 
transferred  back to  this  Honorable  Court. 
We 
wish to  emphasize  that the  plaintiffs 
in 
the 
referenced case never intended to burden this Court 
with 
this case. 
The case has 
now 
been 
pending since early 
May 
2014, and 
no 
hearing has 
been 
set 
on 
the 
temporary injunctive 
relief 
requested 
by 
Plaintiffs. 
We 
are very cognizant 
of 
the heavy case load 
the district courts must deal with. 
On 
the other hand, Mr. 
Baron's 
remaining assets and wealth 
are being dissipated 
by 
the Defendants. 
In 
fact, 
we 
believe that Mr. Payne and Ms.  Katz have 
unlawfully  transferred  away  millions 
of 
dollars 
of 
Quantec  and 
NovoPoint's 
assets. 
Accordingly, we would request that this Court either set the preliminary injunction for hearing, 
or 
remand the case 
back 
to 
state court, 
which 
we 
believe this Honorable Court could accomplish 
sua sponte, as it is very clear that this Court does not have jurisdiction over this controversy, any 
more than 
it 
did when it 
was 
raised 
in 
the Netsphere case. 
We 
remind the Court that at some point, justice delayed is justice denied.  Cuevas 
v. 
Collins,  922 F.2d 242 
(5
th 
Cir 1991). 
We 
thank Your Honor for 
the 
Court's 
kind consideration 
of 
the 
above. 
Respectfully yours, 
cc:  Filed 
of 
Record 
Served 
Via 
the 
Court's 
ECF System 
Case 3:14-cv-01552-L   Document 64   Filed 01/30/15    Page 4 of 4   PageID 2424