- 1 -IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF TEXASDALLAS DIVISIONNOVO POINT, LLC AND QUANTEC,LLC,PLAINTIFF,VS.ELISA KATZ, ET AL,DEFENDANT.§§§§§§§§§§§CIVIL ACTION NO. 3:14-cv-01552-LNOTICE OF LETTER TO COURTCOMES NOW JEFFREY BARON, a party in interest, and files theattached Letter to the Court dated January 29, 2015.Respectfully submitted this 30thday of January 2015./s/ Leonard H. SimonLeonard H. Simon, Esq.TBN: 18387400; SDOT: 8200The Riviana Building2777 Allen Parkway, Suite 800Houston, Texas 77019(713) 737-8207 (Direct)(832) 202-2810 (Direct Fax)lsimon@pendergraftsimon.comATTORNEYS IN CHARGE FORJEFFREY BARONOF COUNSEL:PENDERGRAFT & SIMONThe Riviana Building2777 Allen Parkway, Suite 800Houston, 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- 2 -CERTIFICATE OF SERVICEThis is to certify that on the 30thday of January 2015, a true and correct copy of theabove and foregoing was served through the Court’s ECF filing system on all partiesregistered to receive ECF notices.Leonard H. SimonLeonard H. SimonCase 3:14-cv-01552-L Document 64 Filed 01/30/15 Page 2 of 4 PageID 2422:\I,!\I:11JIIIjIlPSPENDERGRAFTSIMONLLPATTORNEYSATLAW2777 Allen Parkway, Suite800I Houston, Texas 77019 I www.pendergrafisimon.comEMAIL: ISimon@pendergrafisimon.comPHONE:713-528-8555CELL:713-253-2810FAX:832-202-2810LeonardH.SimonBoard CertifiedinBusiness Bankruptcy LawTexas BoardofLegal SpecializationHonorableSam.A.LindsayUnited States District Judge1100 Commerce Street, Room 1544Dallas, Texas75242-1003JANUARY29,2015RE:Novo Point, LLC,EtAI,v.Elisa Katz,EtAI,Civil Action No. 3:14-cv-1552-P; In theUnited States United States District Court for the Northern DistrictofTexas - DallasDivisionDear Judge Lindsay:By wayofintroduction, Jeffrey Baron has been through a four-year receivershipproceeding that ultimately ended up before this Honorable Court upon the retirementofJudgeRoyal Ferguson at the endofMay 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, theFifth Circuit reversed the Receivership and vacated nearly every order enteredbyJudgeFerguson.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 CourtOrder forRelief, and reversed the decisionofthe Bankruptcy Court. Baronv.Schurig, 2014 WL 25519(N.D. Tex.2014) (the "Order for Relief Appeal"). This Court's decision was appealed to theFifth 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 thePetitioningCreditors), and the appeal was dismissed with a mandate that did not call for a remand. The caseis over, and this Honorable Court's decision is now final.After this Court decided theOrder for Relief AppealonJanuary2,2014,this HonorableCourt entered a seriesoforders in February and March 2014, returning the receivership assets tothe receivership parties. This Court ordered the placementofthe assetsofNovo Point, LLC andQuantec, LLCinthe custodyofLisa Katz, which was vigorously contested by Mr. Baron, butthis Court determined that it did not have jurisdiction to entertain a contested matter concerningthe proper ownershipofsuch assets. Since then, Ms. Katz has refused to account to the Trusteefor the Village Trust, also a ReceivershipParty, whoeveryoneacknowledges is the ownerofCase 3:14-cv-01552-L Document 64 Filed 01/30/15 Page 3 of 4 PageID 242311HonorableSamA. LindsayJanuary 29, 2015Page2of2NovoPoint, LLC and Quantec, LLC.Accordingly,NovoPoint, LLC and Quantec, LLC filed a state court caseinCollinCounty, Texas, in an effort to accomplish what this Court determined it did not have jurisdictionover, that is, the determinationofthe right to ownership and control over Novo Point, LLC andQuantec, LLC and these entities' assets.Thereferenced case was removed by Christopher A.Payne to the United States District Court for the Eastern DistrictofTexas, and was subsequentlytransferred back to this Honorable Court.Wewish to emphasize that the plaintiffsinthereferenced case never intended to burden this Courtwiththis case.The case hasnowbeenpending since earlyMay2014, andnohearing hasbeensetonthetemporary injunctivereliefrequestedbyPlaintiffs.Weare very cognizantofthe heavy case loadthe district courts must deal with.Onthe other hand, Mr.Baron'sremaining assets and wealthare being dissipatedbythe Defendants.Infact,webelieve that Mr. Payne and Ms. Katz haveunlawfully transferred away millionsofdollarsofQuantec andNovoPoint'sassets.Accordingly, we would request that this Court either set the preliminary injunction for hearing,orremand the casebacktostate court,whichwebelieve this Honorable Court could accomplishsua sponte, as it is very clear that this Court does not have jurisdiction over this controversy, anymore thanitdid when itwasraisedinthe Netsphere case.Weremind the Court that at some point, justice delayed is justice denied. Cuevasv.Collins, 922 F.2d 242(5thCir 1991).Wethank Your Honor fortheCourt'skind considerationoftheabove.Respectfully yours,cc: FiledofRecordServedViatheCourt'sECF SystemCase 3:14-cv-01552-L Document 64 Filed 01/30/15 Page 4 of 4 PageID 2424![]()