U.S. Bankruptcy Court
Northern District of Texas (Dallas)
Bankruptcy Petition #: 09-34784-sgj11
Internal Use Only
REFORM, DsclsDue, SealedDocument, EXHIBITS, ADVAPL, APPEAL
Assigned to: Stacey G. Jernigan
Chapter 11
Voluntary
Asset
ate
iled: 07/27/2009
Debtor
Ondova Limited Company
P. O. Box 111501
Carrollton, TX 75006
DALLAS-TX
Tax ID / EIN: 75-2956804
dba Compana, LLC
dba budgetnames.com
represented by Ondova Limited Company
PRO SE
Wright Ginsberg Brusilow,
P.C.
1401 Elm Street Suite 4750
Dallas, TX 75270-2102
(214) 651-6508
Fax : (214) 744-2615
TERMINATED: 10/01/2009
Edwin Paul Keiffer
(See above for address)
TERMINATED: 10/01/2009
Kim E. Moses
(See above for address)
TERMINATED: 10/01/2009
Trustee
Daniel J. Sherman
509 N. Montclair
Dallas, TX 75208
(214)942-5502
represented by Munsch, Hardt, Kopf &
Harr, P.C.
3800 Lincoln Plaza
500 N Akard St
Dallas, Tx 75201
(214) 855-7500
Sherman & Yaquinto
509 N. Montclair Ave.
Dallas, TX 75208
(214) 942-5502
Daniel J. Sherman
509 N. Montclair
Dallas, TX 75208
(214)942-5502
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 20 of 200 PageID 24
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Email: corky@syllp.com
Daniel J. Sherman
Sherman & Yaquinto
509 N. Montclair Ave.
Dallas, TX 75208-5498
(214) 942-5502
Email: djsherman@syllp.com
Jay Ong
Munsch Hardt Kopf & Harr,
P.C.
401 Congress Avenue, Suite
3050
Austin, TX 78701
(512) 391-6124
Fax : (512) 226-7105
Email: jong@munsch.com
Lee Jacob Pannier
Munsch Hardt Kopf & Harr,
P.C.
3800 Lincoln Plaza
500 N. Akard St.
Dallas, TX 75201
(214) 855-7563
Fax : (214) 978-5338
Email: lpannier@munsch.com
Raymond J. Urbanik
Munsch, Hardt, Kopf & Harr
PC
500 N. Akard St., Ste. 3800
Dallas, TX 75201-6659
214-855-7590
Fax : 214-978-4374
Email: rurbanik@munsch.com
U.S. Trustee
UST U.S. Trustee
1100 Commerce Street
Room 976
Dallas, TX 75242-1496
214-767-8967
Filing Date Docket Text
07/27/2009
1 Chapter 11 voluntary petition. Fee Amount $1039 Filed by Ondova Limited
Company (Keiffer, Edwin)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 21 of 200 PageID 25
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07/27/2009
Receipt of filing fee for Voluntary petition (chapter 11)(09-34784-11)
[misc,volp11a] (1039.00). Receipt number 10423570, amount $1039.00. (U.S.
Treasury)
07/27/2009
2 Creditor matrix and Verification. Filed by Debtor Ondova Limited Company.
(Keiffer, Edwin)
07/28/2009
3 Meeting of creditors 341(a) meeting to be held on 8/27/2009 at 10:00 AM at
Dallas, Room 976. Proofs of Claims due by 11/25/2009. Attorney(s)certificate of
service of 341 meeting chapter 11 to be filed by 08/27/2009. (Neary, William)
07/29/2009
4 Notice of deficiency . Schedule A due 8/11/2009. Schedule B due 8/11/2009.
Schedule D due 8/11/2009. Schedule E due 8/11/2009. Schedule F due 8/11/2009.
Schedule G due 8/11/2009. Schedule H due 8/11/2009. Summary of Schedules
and Statistical Summary of Certain Liabilities and Related Data 28 USC sec. 159
due 8/11/2009. Statement of Financial Affairs due 8/11/2009. Atty Disclosure
Statement due 8/11/2009. 20 Largest Unsecured Creditors due 8/11/2009. (Luna,
G)
07/29/2009
5 Application to employ Wright Ginsberg Brusilow P.C. as Attorney for Debtor
Filed by Debtor Ondova Limited Company (Attachments: 1 Service List) (Keiffer,
Edwin)
07/29/2009
6 Disclosure of compensation of attorney for debtor (Wright Ginsberg Brusilow
P.C.). Filed by Debtor Ondova Limited Company (RE: related document(s)4
Notice of deficiency). (Keiffer, Edwin)
07/29/2009
7 Motion to Extend time to File Schedules and Statement of Financial Affairs
Filed by Debtor Ondova Limited Company (Moses, Kim)
07/29/2009
Proposed order regarding Motion to Extend Deadline to File Schedules and
Statement of Financial Affairs (RE: related document(s)7 Motion to Extend time
to File Schedules and Statement of Financial Affairs Filed by Debtor Ondova
Limited Company). Document uploaded on 7/29/2009 (Ref-ID:
1248870773880_56). (Moses, Kim)
07/29/2009
8 Application to employ Lain, Faulkner & Co., P.C. as Accountant and
Financial Advisors for the Debtor Filed by Debtor Ondova Limited Company
(Attachments: 1
Service List) (Keiffer, Edwin)
9 Notice of hearing filed by Debtor Ondova Limited Company (RE: related
document(s)5 Application to employ Wright Ginsberg Brusilow P.C. as Attorney
for Debtor Filed by Debtor Ondova Limited Company (Attachments: 1
Service
List), 8 Application to employ Lain, Faulkner & Co., P.C. as Accountant and
Financial Advisors for the Debtor Filed by Debtor Ondova Limited Company
(Attachments: 1
Service List)). Hearing to be held on 8/24/2009 at 01:30 PM
Dallas Judge Jernigan Ctrm for 8
and for 5, (Attachments: 1 Service List) (Keiffer,
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 22 of 200 PageID 26
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07/29/2009 Edwin)
07/29/2009
10 Motion to use cash collateral Debtors Emergency Motion Asserting: (i) No
Perfected Lien on Debtors Cash or Accounts; and (ii) Ability to Utilize Such
Property of the Estate per 11 U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited
Company (Attachments: 1 Service List) (Keiffer, Edwin)
07/29/2009
11 Motion for expedited hearing(related documents 10 Cash collateral) on
Debtors Emergency Motion Asserting: (i) No Perfected Lien on Debtors Cash or
Accounts; and (ii) Ability to Utilize Such Property of the Estate per 11 U.S.C. §
363(c)(1) Filed by Debtor Ondova Limited Company (Attachments: 1 Service
List) (Keiffer, Edwin)
07/29/2009
Proposed order regarding Motion for Setting and Request for Expedited
Hearing on Debtors Emergency Motion Asserting: (i) No Perfected Lien on
Debtors Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate
per 11 U.S.C. § 363(c)(1) (RE: related document(s)11 Motion for expedited
hearing(related documents 10 Cash collateral) on Debtors Emergency Motion
Asserting: (i) No Perfected Lien on Debtors Cash or Accounts; and (ii) Ability to
Utilize Such Property of the Estate per 11 U.S.C. § 363(c)(1) Filed by Debtor
Ondova Limited Company (Attachments: # 1 Service List)). Document uploaded
on 7/29/2009 (Ref-ID: 1248870773880_197). (Keiffer, Edwin)
07/30/2009
12 Notice of hearing filed by Debtor Ondova Limited Company (RE: related
document(s)10 Motion to use cash collateral Debtors Emergency Motion
Asserting: (i) No Perfected Lien on Debtors Cash or Accounts; and (ii) Ability to
Utilize Such Property of the Estate per 11 U.S.C. § 363(c)(1) Filed by Debtor
Ondova Limited Company (Attachments: 1 Service List)). Hearing to be held on
7/31/2009 at 09:30 AM Dallas Judge Jernigan Ctrm for 10, (Attachments: 1
Service List) (Keiffer, Edwin)
07/30/2009
13 Order granting motion for expedited hearing (Related Doc# 11)(document
set for hearing: 10 Debtors Emergency Motion Asserting: (i) No Perfected Lien on
Debtors Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate
per 11 U.S.C. § 363(c)(1) ) Entered on 7/30/2009. Hearing to be held on 7/31/2009
at 09:30 AM Dallas Judge Jernigan Ctrm for 10
, (Moroles, D.)
07/31/2009
Proposed order regarding Debtors Emergency Motion Asserting: (i) No
Perfected Lien on Debtors Cash or Accounts; and (ii) Ability to Utilize Such
Property of the Estate per 11 U.S.C. § 363(c)(1) (INTERIM ORDER) (RE: related
document(s)10
Motion to use cash collateral Debtors Emergency Motion
Asserting: (i) No Perfected Lien on Debtors Cash or Accounts; and (ii) Ability to
Utilize Such Property of the Estate per 11 U.S.C. § 363(c)(1) Filed by Debtor
Ondova Limited Company (Attachments: # 1 Service List)). Document uploaded
on 7/31/2009 (Ref-ID: 1249043288935_73). (Keiffer, Edwin)
14 Order Regarding Debtor's Emergency Motion and Setting Hearing per
conditions of order. Entered on 7/31/2009 (RE: related document(s)10
Cash
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 23 of 200 PageID 27
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07/31/2009
collateral filed by Debtor Ondova Limited Company). Hearing to be held on
8/26/2009 at 01:30 PM Dallas Judge Jernigan Ctrm for 10, (Moroles, D.)
07/31/2009
15 Notice of hearing filed by Debtor Ondova Limited Company (RE: related
document(s)10
Motion to use cash collateral Debtors Emergency Motion
Asserting: (i) No Perfected Lien on Debtors Cash or Accounts; and (ii) Ability to
Utilize Such Property of the Estate per 11 U.S.C. § 363(c)(1) Filed by Debtor
Ondova Limited Company (Attachments: 1 Service List)). Hearing to be held on
8/26/2009 at 01:30 PM Dallas Judge Jernigan Ctrm for 10, (Attachments: 1
Exhibit Service List) (Keiffer, Edwin)
07/31/2009
16 Notice of Appearance and Request for Notice by Melissa S. Hayward filed
by Netsphere, Inc., Manila Industries, Inc.. (Hayward, Melissa)
07/31/2009
17 BNC certificate of mailing. (RE: related document(s)4 Notice of deficiency .
Schedule A due 8/11/2009. Schedule B due 8/11/2009. Schedule D due 8/11/2009.
Schedule E due 8/11/2009. Schedule F due 8/11/2009. Schedule G due 8/11/2009.
Schedule H due 8/11/2009. Summary of Schedules and Statistical Summary of
Certain Liabilities and Related Data 28 USC sec. 159 due 8/11/2009. Statement of
Financial Affairs due 8/11/2009. Atty Disclosure Statement due 8/11/2009. 20
Largest Unsecured Creditors due 8/11/2009.) No. of Notices: 1. Service Date
07/31/2009. (Admin.) (Entered: 08/01/2009)
07/31/2009
18 BNC certificate of mailing - meeting of creditors. (RE: related document(s)3
Meeting of creditors 341(a) meeting to be held on 8/27/2009 at 10:00 AM at
Dallas, Room 976. Proofs of Claims due by 11/25/2009. Attorney(s)certificate of
service of 341 meeting chapter 11 to be filed by 08/27/2009.) No. of Notices: 2.
Service Date 07/31/2009. (Admin.) (Entered: 08/01/2009)
07/31/2009
Hearing held on 7/31/2009. (RE: related document(s)10 Motion to use cash
collateral Debtors Emergency Motion Asserting: (i) No Perfected Lien on Debtors
Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate per 11
U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited Company (Attachments: # 1
Service List)) Appearances: P. Keiffer for Debtor. Evidentiary hearing. Motion
granted, with court cautioning ruling will not be in the nature of a declaratory
judgment. Mr. Keiffer to upload order. (Harden, D.) (Entered: 08/04/2009)
08/03/2009
19 Notice of Appearance and Request for Notice by Ryan Kenneth Lurich filed
by Attorney Friedman & Feiger, L.L.P.. (Lurich, Ryan)
08/03/2009
20 Order granting 7 Motion to extend time. (Re: related document(s) 4 Notice
of deficiency) 20 Largest Unsecured Creditors due 8/21/2009 for 4
, Schedule A
due 8/21/2009 for 4
, Schedule B due 8/21/2009 for 4, Schedule D due 8/21/2009
for 4
, Schedule E due 8/21/2009 for 4, Schedule F due 8/21/2009 for 4, Schedule
G due 8/21/2009 for 4, Schedule H due 8/21/2009 for 4, Statement of Financial
Affairs due 8/21/2009 for 4
, Summary of Schedules and Statistical Summary of
Certain Liabilities and Related Data 28 USC sec. 159 due 8/21/2009 for 4
, Entered
on 8/3/2009. (Moroles, D.)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 24 of 200 PageID 28
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08/03/2009
21 Motion for relief from stay Fee amount $150, Filed by Manila Industries,
Inc., Netsphere, Inc. Objections due by 8/18/2009. (Attachments: 1 Affidavit, #(3)
Affidavit Exhibits E-H4 Affidavit Exhibits I-K5 Affidavit) (Hayward, Melissa)
Additional attachment(s) (6) Affidavit Exhibits A,B. Exhibits C and D SEALED
by Order. MODIFIED text to match pdf on 8/7/2009 (Moroles, D.).
08/03/2009
22 Motion for expedited hearing(related documents 21 Motion for relief from
stay) Filed by Manila Industries, Inc., Netsphere, Inc. (Hayward, Melissa)
08/03/2009
Proposed order regarding Expedite Hearing (RE: related document(s)22
Motion for expedited hearing(related documents 21 Motion for relief from stay)
Filed by Manila Industries, Inc., Netsphere, Inc.). Document uploaded on 8/3/2009
(Ref-ID: 1249305422041_450). (Hayward, Melissa)
08/03/2009
Receipt of filing fee for Motion for relief from stay(09-34784-sgj11)
[motion,mrlfsty] ( 150.00). Receipt number 10463445, amount $ 150.00. (U.S.
Treasury)
08/04/2009
23 Order granting motion for expedited hearing (Related Doc# 22)(document
set for hearing: 21 Motion for relief from stay) Entered on 8/4/2009. Hearing to be
held on 8/5/2009 at 02:00 PM Dallas Judge Jernigan Ctrm for 21, (Moroles, D.)
08/04/2009
24 Notice of hearing filed by Manila Industries, Inc., Netsphere, Inc. (RE:
related document(s)21 Motion for relief from stay Fee amount $150, Filed by
Manila Industries, Inc., Netsphere, Inc. Objections due by 8/18/2009.
(Attachments: # 1 Affidavit # 2 Affidavit Exhibit A-D# 3 Affidavit Exhibits E-H#
4 Affidavit Exhibits I-K# 5 Affidavit), 23 Order granting motion for expedited
hearing (Related Doc# 22)(document set for hearing: 21 Motion for relief from
stay) Entered on 8/4/2009. Hearing to be held on 8/5/2009 at 02:00 PM Dallas
Judge Jernigan Ctrm for 21,). Hearing to be held on 8/5/2009 at 02:00 PM Dallas
Judge Jernigan Ctrm for 21 and for 23, (Hayward, Melissa)
08/04/2009
25 Certificate of Mailing filed by Debtor Ondova Limited Company (RE:
related document(s)3 Meeting of creditors Chapter 11 & 12). (Keiffer, Edwin)
08/04/2009
26 Notice of Filing of Budget filed by Debtor Ondova Limited Company (RE:
related document(s)14 Order Regarding Debtor's Emergency Motion and Setting
Hearing per conditions of order. Entered on 7/31/2009 (RE: related document(s)10
Cash collateral filed by Debtor Ondova Limited Company). Hearing to be held on
8/26/2009 at 01:30 PM Dallas Judge Jernigan Ctrm for 10,). (Attachments: 1
Service List) (Keiffer, Edwin)
08/05/2009
27 Adversary case 09-03251. Complaint by Ondova Limited Company against
Netshpere, Inc., Manila Industries, Inc.. Fee Amount $250 (Attachments: 1
Adversary Proceeding Cover Sheet). Nature(s) of suit: 12 (Recovery of
money/property - 547 preference). (Keiffer, Edwin)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 25 of 200 PageID 29
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08/05/2009
28 Response opposed to (related document(s): 21 Motion for relief from stay
Fee amount $150, filed by Creditor Manila Industries, Inc., Creditor Netsphere,
Inc.) filed by Debtor Ondova Limited Company. (Attachments: 1 Service List)
(Keiffer, Edwin)
08/05/2009
29 Third Party Motion to file document under seal. Filed by Manila Industries,
Inc., Netsphere, Inc. (Attachments: 1 Affidavit Declaration of John MacPete2
Proposed Order) (Skierski, Doug)
08/05/2009
Proposed order regarding File Under Seal (RE: related document(s)29 Third
Party Motion to file document under seal. Filed by Manila Industries, Inc.,
Netsphere, Inc. (Attachments: # 1 Affidavit Declaration of John MacPete# 2
Proposed Order)). Document uploaded on 8/5/2009 (Ref-ID: 1249479909737_62).
(Skierski, Doug)
08/05/2009
30 20 Largest unsecured creditors . Filed by Debtor Ondova Limited Company
(RE: related document(s)4 Notice of deficiency). (Keiffer, Edwin)
08/05/2009
Proposed order regarding Lift Stay (RE: related document(s)21 Motion for
relief from stay Fee amount $150, Filed by Manila Industries, Inc., Netsphere, Inc.
Objections due by 8/18/2009. (Attachments: # 1 Affidavit # 2 Affidavit Exhibit A-
D# 3 Affidavit Exhibits E-H# 4 Affidavit Exhibits I-K# 5 Affidavit)). Document
uploaded on 8/5/2009 (Ref-ID: 1249479909737_187). (Hayward, Melissa)
08/05/2009
31 BNC certificate of mailing - PDF document. (RE: related document(s)20
Order granting 7 Motion to extend time. (Re: related document(s) 4 Notice of
deficiency) 20 Largest Unsecured Creditors due 8/21/2009 for 4, Schedule A due
8/21/2009 for 4, Schedule B due 8/21/2009 for 4, Schedule D due 8/21/2009 for 4,
Schedule E due 8/21/2009 for 4, Schedule F due 8/21/2009 for 4, Schedule G due
8/21/2009 for 4, Schedule H due 8/21/2009 for 4, Statement of Financial Affairs
due 8/21/2009 for 4, Summary of Schedules and Statistical Summary of Certain
Liabilities and Related Data 28 USC sec. 159 due 8/21/2009 for 4
, Entered on
8/3/2009.) No. of Notices: 1. Service Date 08/05/2009. (Admin.) (Entered:
08/06/2009)
08/05/2009
Hearing held on 8/5/2009. (RE: related document(s)21 Motion for relief from
stay Fee amount $150, Filed by Manila Industries, Inc., Netsphere, Inc. Objections
due by 8/18/2009. (Attachments: # 1 Affidavit # 2 Affidavit Exhibit A-D# 3
Affidavit Exhibits E-H# 4 Affidavit Exhibits I-K# 5 Affidavit)) Appearances: P.
Keiffer for Debtor; J. MacPete and M. Hayward for NetSpere. Evidentiary hearing
(affidavits and MacPete testimony). Motion granted, based on FOFs and COLs
stated orally. Ms. Hayward to upload order. (Harden, D.) (Entered: 08/06/2009)
Proposed order regarding Revised Lift Stay (RE: related document(s)21
Motion for relief from stay Fee amount $150, Filed by Manila Industries, Inc.,
Netsphere, Inc. Objections due by 8/18/2009. (Attachments: # 1 Affidavit # 2
Affidavit Exhibit A-D# 3 Affidavit Exhibits E-H# 4 Affidavit Exhibits I-K# 5
Affidavit)). Document uploaded on 8/6/2009 (Ref-ID: 1249561510708_43).
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 26 of 200 PageID 30
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08/06/2009 (Hayward, Melissa)
08/06/2009
32 Order granting motion for relief from stay to restore and transfer domain
names pursuant to preliminary injunction order by Creditor Manila Industries, Inc.
(related document # 21) Entered on 8/6/2009. (Moroles, D.)
08/06/2009
33 Order Granting Motion to Seal previously filed exhibits to the Motion for
Relief from Automatic Stay, accordingly per order (related document # 29)
Entered on 8/6/2009. (Moroles, D.)
08/17/2009
34 Motion to pay Motion to Determine Adequate Assurance of Payment of
Utilities Required Under 11 U.S.C. § 366 Filed by Debtor Ondova Limited
Company (Attachments: 1 Service List) (Moses, Kim)
08/17/2009
35 Notice of hearing filed by Debtor Ondova Limited Company (RE: related
document(s)34 Motion to pay Motion to Determine Adequate Assurance of
Payment of Utilities Required Under 11 U.S.C. § 366 Filed by Debtor Ondova
Limited Company (Attachments: 1 Service List)). Hearing to be held on 9/15/2009
at 09:30 AM Dallas Judge Jernigan Ctrm for 34, (Attachments: 1 Service List)
(Moses, Kim)
08/17/2009
36 Motion for withdrawal of reference. Fee amount $150, Filed by Manila
Industries, Inc., Netsphere, Inc. (Hayward, Melissa)
08/17/2009
Receipt of filing fee for Motion for withdrawal of reference(09-34784-sgj11)
[motion,mwdref] ( 150.00). Receipt number 10529293, amount $ 150.00. (U.S.
Treasury)
08/17/2009
37 Notice of hearing filed by Manila Industries, Inc., Netsphere, Inc. (RE:
related document(s)36 Motion for withdrawal of reference. Fee amount $150,
Filed by Manila Industries, Inc., Netsphere, Inc.). Hearing to be held on 9/15/2009
at 09:30 AM Dallas Judge Jernigan Ctrm for 36
, (Hayward, Melissa)
38 Transcript regarding Hearing Held 08/05/09 (92 pgs.) RE: Emergency
Motion for Relief from Stay. THIS TRANSCRIPT WILL BE MADE
ELECTRONICALLY AVAILABLE TO THE GENERAL PUBLIC 90 DAYS
AFTER THE DATE OF FILING. TRANSCRIPT RELEASE DATE IS
11/16/2009. Until that time the transcript may be viewed at the Clerk's Office or a
copy may be obtained from the official court transcriber. Court
Reporter/Transcriber Kathy Rehling (kathy.rehling@tx.rr.com), Telephone
number 972-304-1998. (RE: related document(s) Hearing held on 8/5/2009. (RE:
related document(s)21 Motion for relief from stay Fee amount $150, Filed by
Manila Industries, Inc., Netsphere, Inc. Objections due by 8/18/2009.
(Attachments: # 1 Affidavit # 2 Affidavit Exhibit A-D# 3 Affidavit Exhibits E-H#
4 Affidavit Exhibits I-K# 5 Affidavit)) Appearances: P. Keiffer for Debtor; J.
MacPete and M. Hayward for NetSpere. Evidentiary hearing (affidavits and
MacPete testimony). Motion granted, based on FOFs and COLs stated orally. Ms.
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 27 of 200 PageID 31
USCA5 36
08/18/2009
Hayward to upload order.). Transcript to be made available to the public on
11/16/2009. (Rehling, Kathy)
08/18/2009
39 Emergency Motion to file document under seal.--Motion to Impound
Contents of Statement of Financial Affairs Section 10 Filed by Manila Industries,
Inc., Netsphere, Inc. (Hayward, Melissa)
08/18/2009
40 Motion for expedited hearing(related documents 39 Motion to Seal) Filed by
Manila Industries, Inc., Netsphere, Inc. (Hayward, Melissa)
08/18/2009
Proposed order regarding Expedited Consideration regarding Motion to
Impound (RE: related document(s)40 Motion for expedited hearing(related
documents 39 Motion to Seal) Filed by Manila Industries, Inc., Netsphere, Inc.).
Document uploaded on 8/18/2009 (Ref-ID: 1250597871547_305). (Hayward,
Melissa)
08/18/2009
41 Objection to (related document(s): 10 Motion to use cash collateral Debtors
Emergency Motion Asserting: (i) No Perfected Lien on Debtors Cash or Accounts;
and (ii) Ability to Utilize Such Property of the Estate per 11 U.S.C. § 363(c)(1)
filed by Debtor Ondova Limited Company) filed by Manila Industries, Inc.,
Netsphere, Inc.. (Hayward, Melissa)
08/19/2009
(private) Proposed order regarding Motion to expedite (RE: related document(s)
40 Motion for expedited hearing(related documents 39 Motion to Seal) Filed by
Manila Industries, Inc., Netsphere, Inc.). Document uploaded on 8/19/2009 (Ref-
ID: 1250687616093_103). (Harden, D.)
08/19/2009
42 Order denying motion for expedited hearing (Related Doc# 40), Ordered that
the Debtors answer to question No. 10 on its Statement of Financial Affairs will be
filed by the Debtor under SEAL, pending further order of the court, any other
information that it sets forth in its Schedules or Statement of Financial Affairs that
might reveal lists of property transferred and the entity to which the property was
transferred in the Two Years before the Ondova Limited Company bankruptcy
case was filed, further conditions per order (related document # 39
). Entered on
8/19/2009. (Moroles, D.)
08/20/2009
43 Notice of hearing and of Entry of Order filed by Manila Industries, Inc.,
Netsphere, Inc. (RE: related document(s)39
Emergency Motion to file document
under seal.--Motion to Impound Contents of Statement of Financial Affairs Section
10 Filed by Manila Industries, Inc., Netsphere, Inc.). Hearing to be held on
9/14/2009 at 02:30 PM Dallas Judge Jernigan Ctrm for 39
, (Attachments: 1
Order2
Service List) (Hayward, Melissa)
08/20/2009
44 INCORRECT ENTRY: Notice of transmission of motion to withdraw
reference (RE: related document(s)36
Motion for withdrawal of reference Filed by
Manila Industries, Inc., Netsphere, Inc.) (Whitaker, Sheniqua) Modified on
8/21/2009 (Whitaker, Sheniqua).
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 28 of 200 PageID 32
USCA5 37
08/20/2009 45 (private) Forms (misc) (Whitaker, Sheniqua)
08/20/2009
92 Notice of transmission of motion to withdraw reference re: Civil Case #
3:09-CV-1551-N (RE: related document(s)36
Motion for withdrawal of reference
Filed by Manila Industries, Inc., Netsphere, Inc.) (Whitaker, Sheniqua) (Entered:
09/14/2009)
08/22/2009
46 BNC certificate of mailing - PDF document. (RE: related document(s)42
Order denying motion for expedited hearing (Related Doc# 40), Ordered that the
Debtors answer to question No. 10 on its Statement of Financial Affairs will be
filed by the Debtor under SEAL, pending further order of the court, any other
information that it sets forth in its Schedules or Statement of Financial Affairs that
might reveal lists of property transferred and the entity to which the property was
transferred in the Two Years before the Ondova Limited Company bankruptcy
case was filed, further conditions per order (related document # 39). Entered on
8/19/2009.) No. of Notices: 2. Service Date 08/22/2009. (Admin.) (Entered:
08/23/2009)
08/24/2009
47 Notice of Appearance and Request for Notice by William Lloyd Foreman
filed by Creditor Owens, Clary & Aiken, LLP. (Foreman, William)
08/24/2009
48 (private) Form order to be routed to judge for dismissal for signature (RE:
related document(s)4 Notice of deficiency . Schedule A due 8/11/2009. Schedule
B due 8/11/2009. Schedule D due 8/11/2009. Schedule E due 8/11/2009. Schedule
F due 8/11/2009. Schedule G due 8/11/2009. Schedule H due 8/11/2009. Summary
of Schedules and Statistical Summary of Certain Liabilities and Related Data 28
USC sec. 159 due 8/11/2009. Statement of Financial Affairs due 8/11/2009. Atty
Disclosure Statement due 8/11/2009. 20 Largest Unsecured Creditors due
8/11/2009.) (Bibbs, P.)
08/24/2009
49 Objection to (related document(s): 10 Motion to use cash collateral Debtors
Emergency Motion Asserting: (i) No Perfected Lien on Debtors Cash or Accounts;
and (ii) Ability to Utilize Such Property of the Estate per 11 U.S.C. § 363(c)(1)
filed by Debtor Ondova Limited Company) filed by Interested Parties Rasansky
Law Firm , Aldous Law Firm . (Dugan, S.)
08/24/2009
50 Schedules A through H with Summary of Schedules. Filed by Debtor
Ondova Limited Company (RE: related document(s)4
Notice of deficiency).
(Keiffer, Edwin) MODIFIED text on 8/25/2009 (Sauer, K.).
08/24/2009
51 Statement of financial affairs (answers subject to seal being filed
separately). Filed by Debtor Ondova Limited Company (RE: related document(s)4
Notice of deficiency). (Keiffer, Edwin)
Hearing held on 8/24/2009. (RE: related document(s)5 Application to employ
Wright Ginsberg Brusilow P.C. as Attorney for Debtor Filed by Debtor Ondova
Limited Company (Attachments: # 1 Service List)) Appearances: K. Moses for
Debtor; J. Mueller for NetSphere and Manila. Nonevidentiary hearing. Application
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 29 of 200 PageID 33
USCA5 38
08/24/2009 approved. Ms. Moses to upload order. (Harden, D.) (Entered: 08/26/2009)
08/24/2009
Hearing held on 8/24/2009. (RE: related document(s)8 Application to employ
Lain, Faulkner & Co., P.C. as Accountant and Financial Advisors for the Debtor
Filed by Debtor Ondova Limited Company (Attachments: # 1 Service List))
Appearances: K. Moses for Debtor; J. Mueller for NetSphere and Manila.
Nonevidentiary hearing. Application approved. Ms. Moses to upload order.
(Harden, D.) (Entered: 08/26/2009)
08/25/2009
Proposed order regarding Employment of Attorney (RE: related document(s)5
Application to employ Wright Ginsberg Brusilow P.C. as Attorney for Debtor
Filed by Debtor Ondova Limited Company (Attachments: # 1 Service List)).
Document uploaded on 8/25/2009 (Ref-ID: 1251211606067_122). (Keiffer,
Edwin)
08/25/2009
52 Statement of Financial Affairs (Answer to Question #10) FILED UNDER
SEAL by Debtor Ondova Limited Company (RE: related document(s)42 Order
denying motion for expedited hearing (Related Doc# 40), Ordered that the Debtors
answer to question No. 10 on its Statement of Financial Affairs will be filed by the
Debtor under SEAL, pending further order of the court, any other information that
it sets forth in its Schedules or Statement of Financial Affairs that might reveal
lists of property transferred and the entity to which the property was transferred in
the Two Years before the Ondova Limited Company bankruptcy case was filed,
further conditions per order (related document # 39). Entered on 8/19/2009.)
(Mathews, M.) (Entered: 08/27/2009)
08/26/2009
Proposed order regarding Employment of Accountant/Financial Advisor (RE:
related document(s)8 Application to employ Lain, Faulkner & Co., P.C. as
Accountant and Financial Advisors for the Debtor Filed by Debtor Ondova
Limited Company (Attachments: # 1 Service List)). Document uploaded on
8/26/2009 (Ref-ID: 1251287715731_57). (Keiffer, Edwin)
08/26/2009
Hearing held on 8/26/2009. (RE: related document(s)10 Motion to use cash
collateral Debtors Emergency Motion Asserting: (i) No Perfected Lien on Debtors
Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate per 11
U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited Company (Attachments: # 1
Service List)) Appearances: P. Keiffer for Debtor; R. Wolf for Rasansky law firm;
J. McPete and M. Hayward for Manill/NetSphere. Evidentiary hearing. Court
heard direct testimony of J. Baron and continued matter to 9/1/09 at 9:30 am.
Meanwhile Debtor has court permission to use cash on hand for internet charges
($195), server ($345); contract labor/programmer fees ($2500); postpetition
amounts owed to ICANN (undetermined amount); miscellaneous ($500). (Harden,
D.) (Entered: 08/31/2009)
53 Notice of hearing(NOTICE OF CONTINUED HEARING) filed by Debtor
Ondova Limited Company (RE: related document(s)10 Motion to use cash
collateral Debtors Emergency Motion Asserting: (i) No Perfected Lien on Debtors
Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate per 11
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 30 of 200 PageID 34
USCA5 39
08/27/2009
U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited Company (Attachments: 1
Service List)). Hearing to be held on 9/1/2009 at 09:30 AM Dallas Judge Jernigan
Ctrm for 10, (Attachments: 1 Service List) (Keiffer, Edwin)
08/27/2009
118 District Court Order Reassigning case to Judge Furgeson. Entered on
8/27/2009 (RE: related document(s)36 Motion for withdrawal of reference filed by
Creditor Manila Industries, Inc., Creditor Netsphere, Inc.). (Ecker, C.) (Entered:
10/05/2009)
08/28/2009
Trustee's initial report of meeting of creditors held on 8/27/2009 (RE: related
document(s)3 Meeting of creditors 341(a) meeting to be held on 8/27/2009 at
10:00 AM at Dallas, Room 976. Proofs of Claims due by 11/25/2009. Attorney(s)
certificate of service of 341 meeting chapter 11 to be filed by 08/27/2009.)
(Resnick, Nancy)
09/01/2009
54 Emergency Motion to continue hearing on (related documents 10 Cash
collateral) Filed by Debtor Ondova Limited Company (Keiffer, Edwin)
09/01/2009
55 Motion for expedited hearing(related documents 54 Motion to continue)
Filed by Debtor Ondova Limited Company (Keiffer, Edwin)
09/01/2009
Proposed order regarding Motion for Continuance (RE: related document(s)55
Motion for expedited hearing(related documents 54 Motion to continue) Filed by
Debtor Ondova Limited Company). Document uploaded on 9/1/2009 (Ref-ID:
1251810287865_3). (Keiffer, Edwin)
09/01/2009
Proposed order regarding Employment of Attorney for Debtor (RE: related
document(s)5 Application to employ Wright Ginsberg Brusilow P.C. as Attorney
for Debtor Filed by Debtor Ondova Limited Company (Attachments: # 1 Service
List)). Document uploaded on 9/1/2009 (Ref-ID: 1251810287865_48). (Keiffer,
Edwin)
09/01/2009
Proposed order regarding Employment of Accountant/Financial Advisors (RE:
related document(s)8 Application to employ Lain, Faulkner & Co., P.C. as
Accountant and Financial Advisors for the Debtor Filed by Debtor Ondova
Limited Company (Attachments: # 1 Service List)). Document uploaded on
9/1/2009 (Ref-ID: 1251810287865_50). (Keiffer, Edwin)
09/01/2009
Hearing held on 9/1/2009. (RE: related document(s)10 Motion to use cash
collateral Debtors Emergency Motion Asserting: (i) No Perfected Lien on Debtors
Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate per 11
U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited Company (Attachments: # 1
Service List)) Appearances: P. Keiffer for Debtor; R. Lurich for J. Barron; J.
McPete and M. Hayward for NetSphere and Manilla; J. Rasansky and C. Aldous
for themselves. Evidentiary hearing. Court continued matter to 9/11/09 at 9:30 am.
Court to also issue show cause order setting show cause hearing on 9/11/09 as to
why Trustee should not be appointed in case or case converted. (Harden, D.)
(Entered: 09/04/2009)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 31 of 200 PageID 35
USCA5 40
09/02/2009
(private) Proposed Order for Debtor to Appear and Show Cause Why: (A) A
Chapter 11 Trustee Could Not Be Appointed, or Alternatively, (B) The Case
Converted to a Case Under Chapter 7 and a Chapter 7 Trustee Appointed.
Document uploaded on 9/2/2009 (Ref-ID: 1251896254553_30). (Saucier, Anna)
09/02/2009
56 Order to appear and show cause why: (A) A Chapter 11 Trustee should not
be appointed, or alternatively, (B) the Case should not be Converted to a Case uner
Chapter 7 and a Chapter 7 Trustee Appointed. Entered on 9/2/2009. Show Cause
hearing to be held on 9/11/2009 at 09:30 AM at Dallas Judge Jernigan Ctrm.
(Moroles, D.)
09/02/2009
57 Order granting application to employ Wright Ginsberg Brusilow P.C. as
Attorney, effective July 27, 2009 (related document # 5) Entered on 9/2/2009.
(Moroles, D.)
09/02/2009
58 Order granting application to employ Lain, Faulkner & Co., P.C. as
Accountant and Financial Advisors for the Debtor, effective July 27, 2009 (related
document # 8) Entered on 9/2/2009. (Moroles, D.)
09/02/2009
59 Notice of hearing filed by Debtor Ondova Limited Company (RE: related
document(s)10 Motion to use cash collateral Debtors Emergency Motion
Asserting: (i) No Perfected Lien on Debtors Cash or Accounts; and (ii) Ability to
Utilize Such Property of the Estate per 11 U.S.C. § 363(c)(1) Filed by Debtor
Ondova Limited Company (Attachments: 1 Service List), 56 Order to appear and
show cause why: (A) A Chapter 11 Trustee should not be appointed, or
alternatively, (B) the Case should not be Converted to a Case uner Chapter 7 and a
Chapter 7 Trustee Appointed. Entered on 9/2/2009. Show Cause hearing to be held
on 9/11/2009 at 09:30 AM at Dallas Judge Jernigan Ctrm.). Hearing to be held on
9/11/2009 at 09:30 AM Dallas Judge Jernigan Ctrm for 56 and for 10,
(Attachments: 1 Service List) (Keiffer, Edwin)
09/02/2009
(private) Proposed order regarding Order Sealing Certain Exhibits and Portion
of Transcript of September 1, 2009 Hearing Document uploaded on 9/2/2009
(Ref-ID: 1251896254553_159). (Kippes, Meredyth)
09/02/2009
60 Motion to dismiss case Filed by Manila Industries, Inc., Netsphere, Inc.
(Attachments: 1
Service List) (Hayward, Melissa)
09/03/2009
61 Motion to draw down retainer in the amount of $30,036.00 Filed by
Attorney Wright Ginsberg Brusilow, P.C. Objections due by 9/18/2009. (Keiffer,
Edwin)
Proposed order regarding Interim use of cash - 9-1-2009 through 9-11-2009
(parties asserting interests have agreed) (RE: related document(s)10
Motion to
use cash collateral Debtors Emergency Motion Asserting: (i) No Perfected Lien on
Debtors Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate
per 11 U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited Company
(Attachments: # 1 Service List)). Document uploaded on 9/3/2009 (Ref-ID:
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 32 of 200 PageID 36
USCA5 41
09/03/2009 1251979397805_40). (Keiffer, Edwin)
09/03/2009
62 Notice of hearing filed by Manila Industries, Inc., Netsphere, Inc. (RE:
related document(s)60
Motion to dismiss case Filed by Manila Industries, Inc.,
Netsphere, Inc. (Attachments: 1
Service List)). Hearing to be held on 9/11/2009 at
09:30 AM Dallas Judge Jernigan Ctrm for 60, (Attachments: 1 Service List)
(Hayward, Melissa)
09/03/2009
63 Order sealing certain exhibits and portion of transcript of September 1, 2009
hearing. Entered on 9/3/2009. (Blanco, J.)
09/04/2009
64 Notice of Appearance and Request for Notice by Craig A. Capua filed by
Novo Point, LLC , Iguana Consulting, LLC , Quantec, LLC . (Wiker, Joshua)
09/04/2009
65 Notice of filing of Budget filed by Debtor Ondova Limited Company (RE:
related document(s)14 Order Regarding Debtor's Emergency Motion and Setting
Hearing per conditions of order. Entered on 7/31/2009 (RE: related document(s)10
Cash collateral filed by Debtor Ondova Limited Company). Hearing to be held on
8/26/2009 at 01:30 PM Dallas Judge Jernigan Ctrm for 10,). (Keiffer, Edwin)
09/04/2009
66 BNC certificate of mailing - PDF document. (RE: related document(s)56
Order to appear and show cause why: (A) A Chapter 11 Trustee should not be
appointed, or alternatively, (B) the Case should not be Converted to a Case uner
Chapter 7 and a Chapter 7 Trustee Appointed. Entered on 9/2/2009. Show Cause
hearing to be held on 9/11/2009 at 09:30 AM at Dallas Judge Jernigan Ctrm.) No.
of Notices: 1. Service Date 09/04/2009. (Admin.) (Entered: 09/05/2009)
09/04/2009
67 BNC certificate of mailing - PDF document. (RE: related document(s)58
Order granting application to employ Lain, Faulkner & Co., P.C. as Accountant
and Financial Advisors for the Debtor, effective July 27, 2009 (related document #
8
) Entered on 9/2/2009.) No. of Notices: 2. Service Date 09/04/2009. (Admin.)
(Entered: 09/05/2009)
09/08/2009
68 Motion to compel compliance with automatic stay Filed by Debtor Ondova
Limited Company (Attachments: 1
Exhibit A-C) (Keiffer, Edwin)
09/08/2009
69 Order Regarding Interim Use of Cash Collateral per order. Entered on
9/8/2009 (RE: related document(s)10 Cash collateral filed by Debtor Ondova
Limited Company). (Moroles, D.)
09/08/2009
70 Motion for 2004 examination of Ondova Limited Company. Filed by
Interested Party Grupo Andrea, S.A. de C.V. (Attachments: 1
Exhibit A2 Exhibit
B3 Exhibit C4 Proposed Order5 Service List) (Ritter, David)
Proposed order regarding Order Pursuant to Federal Rule of Bankruptcy 2004
Directing Debtor to Appear for Oral Deposition and to Produce Documents (RE:
related document(s)70 Motion for 2004 examination of Ondova Limited
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 33 of 200 PageID 37
USCA5 42
09/08/2009
Company. Filed by Interested Party Grupo Andrea, S.A. de C.V. (Attachments: #
1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Proposed Order# 5 Service List)).
Document uploaded on 9/8/2009 (Ref-ID: 1252414742673_115). (Ritter, David)
09/08/2009
71 Motion for expedited hearing(related documents 70 Motion for examination)
Filed by Interested Party Grupo Andrea, S.A. de C.V. (Attachments: 1 Proposed
Order) (Ritter, David)
09/08/2009
Proposed order regarding Order Granting Motion for Expedited Consideration
(RE: related document(s)71 Motion for expedited hearing(related documents 70
Motion for examination) Filed by Interested Party Grupo Andrea, S.A. de C.V.
(Attachments: # 1 Proposed Order)). Document uploaded on 9/8/2009 (Ref-ID:
1252414742673_123). (Ritter, David)
09/08/2009
72 Motion to appear pro hac vice for Michael A. Grow. Fee Amount $25 Filed
by Interested Party Grupo Andrea, S.A. de C.V. (Ritter, David)
09/08/2009
73 Motion to appear pro hac vice for Alec P. Rosenberg. Fee Amount $25 Filed
by Interested Party Grupo Andrea, S.A. de C.V. (Ritter, David)
09/08/2009
Receipt of filing fee for Motion to Appear pro hac vice(09-34784-sgj11)
[motion,mprohac] ( 25.00). Receipt number 10630302, amount $ 25.00. (U.S.
Treasury)
09/08/2009
Receipt of filing fee for Motion to Appear pro hac vice(09-34784-sgj11)
[motion,mprohac] ( 25.00). Receipt number 10630302, amount $ 25.00. (U.S.
Treasury)
09/08/2009
Proposed order regarding Application for Admission Pro Hac Vice for
Michael A. Grow (RE: related document(s)72 Motion to appear pro hac vice for
Michael A. Grow. Fee Amount $25 Filed by Interested Party Grupo Andrea, S.A.
de C.V.). Document uploaded on 9/8/2009 (Ref-ID: 1252414742673_135). (Ritter,
David)
09/08/2009
Proposed order regarding Application for Admission Pro Hac Vice for Alec P.
Rosenberg (RE: related document(s)73 Motion to appear pro hac vice for Alec P.
Rosenberg. Fee Amount $25 Filed by Interested Party Grupo Andrea, S.A. de
C.V.). Document uploaded on 9/8/2009 (Ref-ID: 1252414742673_136). (Ritter,
David)
09/09/2009
74 Order granting motion for expedited hearing (Related Doc# 71)(document
set for hearing: 70
Motion for examination) Entered on 9/9/2009. Hearing to be
held on 9/11/2009 at 09:30 AM Dallas Judge Jernigan Ctrm for 70, (Moroles, D.)
09/09/2009
75 Application to employ Friedman & Feiger, L.L.P. as Special Counsel for
Debtor Nunc Pro Tunc Filed by Debtor Ondova Limited Company (Attachments:
1
Service List) (Keiffer, Edwin)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 34 of 200 PageID 38
USCA5 43
09/10/2009
76 Notice of hearing filed by Debtor Ondova Limited Company (RE: related
document(s)75 Application to employ Friedman & Feiger, L.L.P. as Special
Counsel for Debtor Nunc Pro Tunc Filed by Debtor Ondova Limited Company
(Attachments: 1 Service List)). Hearing to be held on 10/5/2009 at 02:30 PM
Dallas Judge Jernigan Ctrm for 75, (Attachments: 1 Service List) (Keiffer, Edwin)
09/10/2009
77 Joinder by Asia Trust Ltd. filed by Creditor Asia Trust Limited, as Trustee of
The Village Trust (RE: related document(s)60 Motion to dismiss case ). (Taube,
Eric)
09/10/2009
78 Joinder by Motion to Dismiss Bankruptcy Case filed by Creditor Jeffrey
Baron (RE: related document(s)60 Motion to dismiss case ). (Pronske, Gerrit)
09/10/2009
79 Response opposed to (related document(s): 70 Motion for 2004 examination
of Ondova Limited Company. filed by Interested Party Grupo Andrea, S.A. de
C.V.) filed by Debtor Ondova Limited Company. (Attachments: 1 Service List)
(Keiffer, Edwin)
09/10/2009
(private) Form order to be routed to judge for signature (RE: related document
(s)72 Motion to appear pro hac vice for Michael A. Grow. Fee Amount $25 Filed
by Interested Party Grupo Andrea, S.A. de C.V. filed by Interested Party Grupo
Andrea, S.A. de C.V.) (Mathews, M.)
09/10/2009
80 (private) Form order to be routed to judge for signature (RE: related document
(s)72 Motion to appear pro hac vice for Michael A. Grow. Fee Amount $25 Filed
by Interested Party Grupo Andrea, S.A. de C.V.) (Mathews, M.)
09/10/2009
81 (private) Form order to be routed to judge for signature (RE: related document
(s)73 Motion to appear pro hac vice for Alec P. Rosenberg. Fee Amount $25 Filed
by Interested Party Grupo Andrea, S.A. de C.V.) (Mathews, M.)
09/10/2009
82 Amended Joinder by Iguana Consulting, LLC, Novo Point, LLC and
Quantec, LLC (AMENDED) filed by Iguana Consulting, LLC, Novo Point, LLC,
Quantec, LLC (RE: related document(s)77
Joinder). (Taylor, Mark) Modified on
9/11/2009 (Blanco, J.).
09/10/2009
103 Notice of Appearance and Request for Notice filed by Iguana Consulting,
LLC , Novo Point, LLC , Quantec, LLC . (Brown, D.) (Entered: 09/21/2009)
09/11/2009
83 Motion to withdraw as attorney (Wright Ginsberg Brusilow, P.C.) Filed by
Attorney Wright Ginsberg Brusilow, P.C. (Keiffer, Edwin)
09/11/2009
84 Motion for expedited hearing(related documents 83 Motion to withdraw as
attorney) Filed by Attorney Wright Ginsberg Brusilow, P.C. (Keiffer, Edwin)
Proposed order regarding Approving Emergency Hearing (RE: related
document(s)84
Motion for expedited hearing(related documents 83 Motion to
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 35 of 200 PageID 39
USCA5 44
09/11/2009
withdraw as attorney) Filed by Attorney Wright Ginsberg Brusilow, P.C.).
Document uploaded on 9/11/2009 (Ref-ID: 1252667121727_1). (Keiffer, Edwin)
09/11/2009
(private) Proposed order regarding Order (1) Denying the Motion to Dismiss
Bankruptcy Case Filed by Netsphere, Inc. and Manila Industries, Inc.; (2)
Directing the Appointment of a Chapter 11 Trustee; (3) Continuing Certain
Hearings; (4) Setting Hearing on Emergency Motion to Withdraw as Counsel for
the Debtor; and (5) Setting a Status Conference (RE: related document(s)36
Motion for withdrawal of reference. Fee amount $150, Filed by Manila Industries,
Inc., Netsphere, Inc., 39 Emergency Motion to file document under seal.--Motion
to Impound Contents of Statement of Financial Affairs Section 10 Filed by Manila
Industries, Inc., Netsphere, Inc., 60 Motion to dismiss case Filed by Manila
Industries, Inc., Netsphere, Inc. (Attachments: # 1 Service List), 83 Motion to
withdraw as attorney (Wright Ginsberg Brusilow, P.C.) Filed by Attorney Wright
Ginsberg Brusilow, P.C.). Document uploaded on 9/11/2009 (Ref-ID:
1252667121727_97). (Kippes, Meredyth)
09/11/2009
85 Order Denying the Motion to Dismiss Case (RE: related document(s) 60
Motion to dismiss case Filed by Manila Industries, Inc., Netsphere, Inc.) , Order
Directing the Apointment of a Chapter 11 Trustee, Order Continuing Certain
Hearings, Order Setting Hearing on Emergency Motion to Withdraw as counsel
for the Debtor and Order Setting a Status Conference. Ordered that the Debtor
Immediately shall turn over All Assets, including cash, to the Trustee. Jefffrey
Baron has no Authority to act on behalf of the Debtor in any capacity and no
authority to exercise any control over the assets of the estate ofhter than in any
way he is requested to or directed to act by the Chapter 11 Trustee. Hearings and
Status Conference Set. Entered on 9/11/2009 (RE: related document(s)1 Voluntary
petition (chapter 11) filed by Debtor Ondova Limited Company, 36 Motion for
withdrawal of reference filed by Creditor Manila Industries, Inc., Creditor
Netsphere, Inc., 39 Motion to Seal filed by Creditor Manila Industries, Inc.,
Creditor Netsphere, Inc., 83 Motion to withdraw as attorney filed by Attorney
Wright Ginsberg Brusilow, P.C.). Hearings and Status Conference to be held on
9/28/2009 at 09:30 AM at Dallas Judge Jernigan Ctrm. (Moroles, D.) MODIFIED
text to match pdf on 9/11/2009 (Moroles, D.).
09/11/2009
(private) Motion terminated by entry of order denying and setting status
conference on various motions. (RE: related document(s)60 Motion to dismiss
case ). (Moroles, D.)
09/11/2009
86 Notice of hearing filed by Attorney Wright Ginsberg Brusilow, P.C. (RE:
related document(s)83
Motion to withdraw as attorney (Wright Ginsberg
Brusilow, P.C.) Filed by Attorney Wright Ginsberg Brusilow, P.C.). Hearing to be
held on 9/28/2009 at 09:30 AM Dallas Judge Jernigan Ctrm for 83
, (Attachments:
1
Service List) (Keiffer, Edwin)
09/11/2009
87 Order granting motion to appear pro hac vice adding Alec P. Rosenberg for
Grupo Andrea, S.A. de C.V. (related document # 73) Entered on 9/11/2009.
(Moroles, D.)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 36 of 200 PageID 40
USCA5 45
09/11/2009
88 Order granting motion to appear pro hac vice adding Michael A. Grow for
Grupo Andrea, S.A. de C.V. (related document # 72) Entered on 9/11/2009.
(Moroles, D.)
09/11/2009
Hearing held on 9/11/2009. (RE: related document(s)10 Motion to use cash
collateral Debtors Emergency Motion Asserting: (i) No Perfected Lien on Debtors
Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate per 11
U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited Company (Attachments: # 1
Service List)) Appearances: P. Keiffer for Debtor (pending motion to withdraw); J.
McPete and M. Hayward for NetSphere and Manilla; G. Pronske for J. Barron; J.
Rasansky for Intervenors Rasansky and Aldous; L. Boydston for Board of Regents
of the University of Texas System; R. Lurich special litigation counsel to J. Barron
and Ondova; S. Jones, criminal counsel to J. Barron; P. Vogel, special master to
Judge Furgeson; M. Taylor (telephonically) for Quantec, Iguana and Novo Point.
Motion now moot, in light of courts decision to appoint a Chapter 11 Trustee.
(Harden, D.) (Entered: 09/14/2009)
09/11/2009
Hearing held on 9/11/2009. (RE: related document(s)56 Order to appear and
show cause why: (A) A Chapter 11 Trustee should not be appointed, or
alternatively, (B) the Case should not be Converted to a Case uner Chapter 7 and a
Chapter 7 Trustee Appointed. Entered on 9/2/2009. Show Cause hearing to be held
on 9/11/2009 at 09:30 AM at Dallas Judge Jernigan Ctrm.) Appearances: P.
Keiffer for Debtor (pending motion to withdraw); J. McPete and M. Hayward for
NetSphere and Manilla; G. Pronske for J. Barron; J. Rasansky for Intervenors
Rasansky and Aldous; L. Boydston for Board of Regents of the University of
Texas System; R. Lurich special litigation counsel to J. Barron and Ondova; S.
Jones, criminal counsel to J. Barron; P. Vogel, special master to Judge Furgeson;
M. Taylor (telephonically) for Quantec, Iguana and Novo Point. After hearing
arguments and taking judicial notice of prior testimony and record in case, court
appointed a Chapter 11 Trustee, based on FOFs and COLs stated orally. Court to
issue order. Order to continue certain hearings and set a status conference in
approximately two weeks. (Harden, D.) (Entered: 09/14/2009)
09/11/2009
Hearing held on 9/11/2009. (RE: related document(s)60 Motion to dismiss
case Filed by Manila Industries, Inc., Netsphere, Inc. (Attachments: # 1 Service
List)) Appearances: P. Keiffer for Debtor (pending motion to withdraw); J.
McPete and M. Hayward for NetSphere and Manilla; G. Pronske for J. Barron; J.
Rasansky for Intervenors Rasansky and Aldous; L. Boydston for Board of Regents
of the University of Texas System; J. Wielibinski, A. Rosenberg (telephonically)
and P. Grow (telephonically) for Grupo Andrea; R. Lurich special litigation
counsel to J. Barron and Ondova; S. Jones, criminal counsel to J. Barron; P.
Vogel, special master to Judge Furgeson; M. Taylor (telephonically) for Quantec,
Iguana and Novo Point. After hearing arguments and taking judicial notice of prior
testimony and record in case, court appointed a Chapter 11 Trustee, based on
FOFs and COLs state orally. Accordingly, Motion to Dismiss is denied. Court to
issue order. (Harden, D.) (Entered: 09/14/2009)
Hearing held on 9/11/2009. (RE: related document(s)70 Motion for 2004
examination of Ondova Limited Company. Filed by Interested Party Grupo
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 37 of 200 PageID 41
USCA5 46
09/11/2009
Andrea, S.A. de C.V. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4
Proposed Order# 5 Service List)) Appearances: P. Keiffer for Debtor (pending
motion to withdraw); J. McPete and M. Hayward for NetSphere and Manilla; G.
Pronske for J. Barron; J. Rasansky for Intervenors Rasansky and Aldous; L.
Boydston for Board of Regents of the University of Texas System; J. Wielibinski,
A. Rosenberg (telephonically) and P. Grow (telephonically) for Grupo Andrea; R.
Lurich special litigation counsel to J. Barron and Ondova; S. Jones, criminal
counsel to J. Barron; P. Vogel, special master to Judge Furgeson; M. Taylor
(telephonically) for Quantec, Iguana and Novo Point. After hearing arguments,
court granted motion. Mr. Wielibinski to upload order. (Harden, D.) (Entered:
09/14/2009)
09/13/2009
89 BNC certificate of mailing - PDF document. (RE: related document(s)85
Order Denying the Motion to Dismiss Case (RE: related document(s) 60 Motion to
dismiss case Filed by Manila Industries, Inc., Netsphere, Inc.) , Order Directing
the Apointment of a Chapter 11 Trustee, Order Continuing Certain Hearings,
Order Setting Hearing on Emergency Motion to Withdraw as counsel for the
Debtor and Order Setting a Status Conference. Ordered that the Debtor
Immediately shall turn over All Assets, including cash, to the Trustee. Jefffrey
Baron has no Authority to act on behalf of the Debtor in any capacity and no
authority to exercise any control over the assets of the estate ofhter than in any
way he is requested to or directed to act by the Chapter 11 Trustee. Hearings and
Status Conference Set. Entered on 9/11/2009 (RE: related document(s)1 Voluntary
petition (chapter 11) filed by Debtor Ondova Limited Company, 36 Motion for
withdrawal of reference filed by Creditor Manila Industries, Inc., Creditor
Netsphere, Inc., 39 Motion to Seal filed by Creditor Manila Industries, Inc.,
Creditor Netsphere, Inc., 83 Motion to withdraw as attorney filed by Attorney
Wright Ginsberg Brusilow, P.C.). Hearings and Status Conference to be held on
9/28/2009 at 09:30 AM at Dallas Judge Jernigan Ctrm. (Moroles, D.) MODIFIED
text to match pdf on 9/11/2009 (Moroles, D.).) No. of Notices: 3. Service Date
09/13/2009. (Admin.)
09/13/2009
90 BNC certificate of mailing - PDF document. (RE: related document(s)87
Order granting motion to appear pro hac vice adding Alec P. Rosenberg for Grupo
Andrea, S.A. de C.V. (related document # 73
) Entered on 9/11/2009.) No. of
Notices: 1. Service Date 09/13/2009. (Admin.)
09/13/2009
91 BNC certificate of mailing - PDF document. (RE: related document(s)88
Order granting motion to appear pro hac vice adding Michael A. Grow for Grupo
Andrea, S.A. de C.V. (related document # 72
) Entered on 9/11/2009.) No. of
Notices: 1. Service Date 09/13/2009. (Admin.)
09/14/2009
(private) Motions terminated. (RE: related document(s)55 Motion for expedited
hearing(related documents 54
Motion to continue) Filed by Debtor Ondova
Limited Company) (Bibbs, P.)
93 Notice of hearing filed by Manila Industries, Inc., Netsphere, Inc. (RE:
related document(s)36
Motion for withdrawal of reference. Fee amount $150,
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 38 of 200 PageID 42
USCA5 47
09/14/2009
Filed by Manila Industries, Inc., Netsphere, Inc., 39 Emergency Motion to file
document under seal.--Motion to Impound Contents of Statement of Financial
Affairs Section 10 Filed by Manila Industries, Inc., Netsphere, Inc.). Hearing to be
held on 9/28/2009 at 09:30 AM Dallas Judge Jernigan Ctrm for 36 and for 39,
(Attachments: 1 Service List) (Hayward, Melissa)
09/14/2009
(private) Reopen document to enter order (RE: related document(s)84 Motion
for expedited hearing(related documents 83 Motion to withdraw as attorney) Filed
by Attorney Wright Ginsberg Brusilow, P.C.) (Moroles, D.)
09/14/2009
94 Order granting motion for expedited hearing (Related Doc# 84)(document
set for hearing: 83 Motion to withdraw as attorney Filed by Attorney Wright
Ginsberg Brusilow, P.C ) Entered on 9/14/2009. Hearing to be held on 9/28/2009
at 09:30 AM Dallas Judge Jernigan Ctrm for 83, (Moroles, D.)
09/15/2009
Proposed order regarding 2004 examination and production of documents
(RE: related document(s)70 Motion for 2004 examination of Ondova Limited
Company. Filed by Interested Party Grupo Andrea, S.A. de C.V. (Attachments: #
1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Proposed Order# 5 Service List)).
Document uploaded on 9/15/2009 (Ref-ID: 1253018655665_62). (Wielebinski,
Joseph)
09/15/2009
95 Notice of Appearance and Request for Notice by Gerrit M. Pronske filed by
Creditor Jeffrey Baron. (Pronske, Gerrit)
09/15/2009
96 Application to approve the appointment of a chapter 11 trustee
(Attachments: 1 Exhibit Notice of Appointment and Amount of Bond)(Resnick,
Nancy)
09/15/2009
Proposed order regarding Order Approving Appointment of Chapter 11
Trustee / Corky Sherman (RE: related document(s)96
Application to approve the
appointment of a chapter 11 trustee (Attachments: # 1 Exhibit Notice of
Appointment and Amount of Bond)). Document uploaded on 9/15/2009 (Ref-ID:
1253018655665_90). (Resnick, Nancy)
09/15/2009
Hearing held on 9/15/2009. (RE: related document(s)34 Motion to pay Motion
to Determine Adequate Assurance of Payment of Utilities Required Under 11
U.S.C. § 366 Filed by Debtor Ondova Limited Company (Attachments: # 1
Service List)) Appearances: K. Moses for Debtor. Nonevidentiary hearing. Court
granted unopposed motion, with proviso that any deposits are subject to separate
approval of a cash collateral order. Ms. Moses to upload an order. (Harden, D.)
(Entered: 09/17/2009)
09/16/2009
97 Order granting motion for 2004 examination of Ondova Limited Company
Filed by Interested Party Grupo Andrea, S.A. de C.V per order (related doc # 70
).
Entered on 9/16/2009. (Moroles, D.)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 39 of 200 PageID 43
USCA5 48
09/17/2009 (private) Trustee Daniel J. Sherman added to case per order. (Moroles, D.)
09/17/2009
98 Order granting application to approve the appointment of a chapter 11
trustee. Ordered, that the appointment of Daniel J. Sherman as Chapter 11 Trustee
in this case is approved (related document # 96). Entered on 9/17/2009. (Moroles,
D.)
09/17/2009
Proposed order regarding 366 Utility Adequate Protection (RE: related
document(s)34 Motion to pay Motion to Determine Adequate Assurance of
Payment of Utilities Required Under 11 U.S.C. § 366 Filed by Debtor Ondova
Limited Company (Attachments: # 1 Service List)). Document uploaded on
9/17/2009 (Ref-ID: 1253190626892_67). (Moses, Kim)
09/17/2009
Proposed order regarding Order Regarding Additional Interim Use of Asserted
Cash Collateral (Agreed for 9/15 to 9/30) (RE: related document(s)10 Motion to
use cash collateral Debtors Emergency Motion Asserting: (i) No Perfected Lien on
Debtors Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate
per 11 U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited Company
(Attachments: # 1 Service List)). Document uploaded on 9/17/2009 (Ref-ID:
1253190626892_240). (Keiffer, Edwin)
09/17/2009
99 BNC certificate of mailing - PDF document. (RE: related document(s)94
Order granting motion for expedited hearing (Related Doc# 84)(document set for
hearing: 83 Motion to withdraw as attorney Filed by Attorney Wright Ginsberg
Brusilow, P.C ) Entered on 9/14/2009. Hearing to be held on 9/28/2009 at 09:30
AM Dallas Judge Jernigan Ctrm for 83,) No. of Notices: 1. Service Date
09/17/2009. (Admin.)
09/18/2009
100 Order Granting Motion to Determine Adequate Assurance of Payment of
Utilities Required Under 11 U.S.C. § 366 (related document # 34) Entered on
9/18/2009. (Moroles, D.)
09/18/2009
101 BNC certificate of mailing - PDF document. (RE: related document(s)97
Order granting motion for 2004 examination of Ondova Limited Company Filed
by Interested Party Grupo Andrea, S.A. de C.V per order (related doc # 70).
Entered on 9/16/2009.) No. of Notices: 4. Service Date 09/18/2009. (Admin.)
09/19/2009
102 BNC certificate of mailing - PDF document. (RE: related document(s)98
Order granting application to approve the appointment of a chapter 11 trustee.
Ordered, that the appointment of Daniel J. Sherman as Chapter 11 Trustee in this
case is approved (related document # 96
). Entered on 9/17/2009.) No. of Notices:
1. Service Date 09/19/2009. (Admin.)
09/22/2009
104 Order regarding additional interim use of cash collateral per order (related
document # 10
) Entered on 9/22/2009. (Moroles, D.)
105 Application to employ Daniel J. Sherman and the law firm of Sherman &
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 40 of 200 PageID 44
USCA5 49
09/24/2009
Yaquinto, L.L.P. as Attorney and Paralegals Nunc Pro Tunc effective September
10, 2004. Filed by Trustee Daniel J. Sherman (Sherman, Daniel)
09/24/2009
Proposed order regarding Employment of Attorneys and Paralegals Nunc Pro
Tunc (RE: related document(s)105
Application to employ Daniel J. Sherman and
the law firm of Sherman & Yaquinto, L.L.P. as Attorney and Paralegals Nunc Pro
Tunc effective September 10, 2004. Filed by Trustee Daniel J. Sherman).
Document uploaded on 9/24/2009 (Ref-ID: 1253793068921_166). (Sherman,
Daniel)
09/28/2009
Proposed order regarding Allowing Withdrawal of WGB as Counsel for the
Debtor (RE: related document(s)83 Motion to withdraw as attorney (Wright
Ginsberg Brusilow, P.C.) Filed by Attorney Wright Ginsberg Brusilow, P.C.).
Document uploaded on 9/28/2009 (Ref-ID: 1254142738331_69). (Keiffer, Edwin)
09/28/2009
Hearing held on 9/28/2009. (RE: related document(s)36 Motion for
withdrawal of reference. Fee amount $150, Filed by Manila Industries, Inc.,
Netsphere, Inc.) Appearances: P. Keiffer for Debtor; D. Sherman, Chapter 11
Trustee; J. MacPete and M. Hayward (telephonically) for Manila and NetSphere;
and S. Jones for J. Baron. Nonevidentiary hearing. Court determined it will make a
Report and Recommendation to District Court that motion be denied. (Harden, D.)
(Entered: 09/30/2009)
09/28/2009
Hearing held on 9/28/2009. (RE: related document(s)39 Emergency Motion to
file document under seal.--Motion to Impound Contents of Statement of Financial
Affairs Section 10 Filed by Manila Industries, Inc., Netsphere, Inc.) Appearances:
P. Keiffer for Debtor; D. Sherman, Chapter 11 Trustee; J. MacPete and M.
Hayward (telephonically) for Manila and NetSphere; and S. Jones for J. Baron.
Nonevidentiary hearing. Court determined it will continue hearing to mid-October
2009. Court to issue separate Order Continuing Hearing that will set the date/time.
(Harden, D.) (Entered: 09/30/2009)
09/28/2009
Hearing held on 9/28/2009. (RE: related document(s)83 Motion to withdraw
as attorney (Wright Ginsberg Brusilow, P.C.) Filed by Attorney Wright Ginsberg
Brusilow, P.C.) Appearances: P. Keiffer for Debtor; D. Sherman, Chapter 11
Trustee; J. MacPete and M. Hayward (telephonically) for Manila and NetSphere;
and S. Jones for J. Baron. Nonevidentiary hearing. Court granted motion. Mr.
Keiffer to upload order. (Harden, D.) (Entered: 09/30/2009)
09/28/2009
Status conference held on 9/28/2009. (RE: related document(s)98 Order
granting application to approve the appointment of a chapter 11 trustee. Ordered,
that the appointment of Daniel J. Sherman as Chapter 11 Trustee in this case is
approved (related document # 96
). Entered on 9/17/2009.) Appearances: P. Keiffer
for Debtor; D. Sherman, Chapter 11 Trustee; J. MacPete and M. Hayward
(telephonically) for Manila and NetSphere; and S. Jones for J. Baron.
Nonevidentiary hearing. Court heard reports of due diligence being undertaken by
Chapter 11 trustee and that he is getting cooperation from parties. (Harden, D.)
(Entered: 09/30/2009)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 41 of 200 PageID 45
USCA5 50
09/29/2009
(private) Proposed Order Continuing Hearing on Motion to Impound Contents
of Statement of Financial Affairs Section 10 Filed by Manila Industries, Inc. and
Netsphere, Inc. [DE #339]. Document uploaded on 9/29/2009 (Ref-ID:
1254229692314_26). (Saucier, Anna)
09/29/2009
(private) Proposed Order Continuing Hearing on Motion to Impound Contents
of Statement of Financial Affair Section 10 [DE #39] (RE: related document(s)39
Emergency Motion to file document under seal.--Motion to Impound Contents of
Statement of Financial Affairs Section 10 Filed by Manila Industries, Inc.,
Netsphere, Inc.). Document uploaded on 9/29/2009 (Ref-ID: 1254229692314_48).
(Saucier, Anna)
09/29/2009
106 Order Continuing Hearing Entered on 9/29/2009 (RE: related document(s)
39 Emergency Motion to Seal Contents of Statement of Financial Affairs Section
10 filed by Creditor Manila Industries, Inc., Creditor Netsphere, Inc.). Hearing to
be held on 11/2/2009 at 01:30 PM Dallas Judge Jernigan Ctrm for 39, (Moroles,
D.)
09/30/2009
107 Notice of hearing filed by Attorney Sherman & Yaquinto, LLP (RE: related
document(s)105 Application to employ Daniel J. Sherman and the law firm of
Sherman & Yaquinto, L.L.P. as Attorney and Paralegals Nunc Pro Tunc effective
September 10, 2004. Filed by Trustee Daniel J. Sherman). Hearing to be held on
10/27/2009 at 09:30 AM Dallas Judge Jernigan Ctrm for 105, (Sherman, Daniel)
10/01/2009
108 Order Granting Emergency Motion to withdraw as attorney for the Debtor
(Wright Ginsberg Brusilow, P.C.) (related document # 83) Entered on 10/1/2009.
(Moroles, D.)
10/02/2009
109 Report and recommendation to the U.S. District Court by U.S. Bankruptcy
Judge. (RE: related document(s)36 Motion for withdrawal of reference. Civil Case
No. 3:09-CV-1551-F. (Ecker, C.)
110 Transcript regarding Hearing Held 08/26/09 RE: 6, motion to use cash
collateral. THIS TRANSCRIPT WILL BE MADE ELECTRONICALLY
AVAILABLE TO THE GENERAL PUBLIC 90 DAYS AFTER THE DATE OF
FILING. TRANSCRIPT RELEASE DATE IS 12/31/2009. Until that time the
transcript may be viewed at the Clerk's Office or a copy may be obtained from the
official court transcriber. Court Reporter/Transcriber Cindy Sumner, Telephone
number 214 651-8393. (RE: related document(s) Hearing held on 8/26/2009. (RE:
related document(s)10
Motion to use cash collateral Debtors Emergency Motion
Asserting: (i) No Perfected Lien on Debtors Cash or Accounts; and (ii) Ability to
Utilize Such Property of the Estate per 11 U.S.C. § 363(c)(1) Filed by Debtor
Ondova Limited Company (Attachments: # 1 Service List)) Appearances: P.
Keiffer for Debtor; R. Wolf for Rasansky law firm; J. McPete and M. Hayward for
Manill/NetSphere. Evidentiary hearing. Court heard direct testimony of J. Baron
and continued matter to 9/1/09 at 9:30 am. Meanwhile Debtor has court
permission to use cash on hand for internet charges ($195), server ($345); contract
labor/programmer fees ($2500); postpetition amounts owed to ICANN
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 42 of 200 PageID 46
USCA5 51
10/02/2009
(undetermined amount); miscellaneous ($500).). Transcript to be made available to
the public on 12/31/2009. (Sumner, Cindy)
10/02/2009
111 Transcript regarding Hearing Held 09/11/09 RE: 70, motion for 2004
Examination. THIS TRANSCRIPT WILL BE MADE ELECTRONICALLY
AVAILABLE TO THE GENERAL PUBLIC 90 DAYS AFTER THE DATE OF
FILING. TRANSCRIPT RELEASE DATE IS 12/31/2009. Until that time the
transcript may be viewed at the Clerk's Office or a copy may be obtained from the
official court transcriber. Court Reporter/Transcriber Cindy Sumner, Telephone
number 214 651-8393. (RE: related document(s) Hearing held on 9/11/2009. (RE:
related document(s)70
Motion for 2004 examination of Ondova Limited
Company. Filed by Interested Party Grupo Andrea, S.A. de C.V. (Attachments: #
1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Proposed Order# 5 Service List))
Appearances: P. Keiffer for Debtor (pending motion to withdraw); J. McPete and
M. Hayward for NetSphere and Manilla; G. Pronske for J. Barron; J. Rasansky for
Intervenors Rasansky and Aldous; L. Boydston for Board of Regents of the
University of Texas System; J. Wielibinski, A. Rosenberg (telephonically) and P.
Grow (telephonically) for Grupo Andrea; R. Lurich special litigation counsel to J.
Barron and Ondova; S. Jones, criminal counsel to J. Barron; P. Vogel, special
master to Judge Furgeson; M. Taylor (telephonically) for Quantec, Iguana and
Novo Point. After hearing arguments, court granted motion. Mr. Wielibinski to
upload order.). Transcript to be made available to the public on 12/31/2009.
(Sumner, Cindy)
112 Transcript regarding Hearing Held 09/11/09 RE: 10, motion to use
cash collateral; 56, motion to show cause; 60, motion to dismiss. THIS
TRANSCRIPT WILL BE MADE ELECTRONICALLY AVAILABLE TO THE
GENERAL PUBLIC 90 DAYS AFTER THE DATE OF FILING. TRANSCRIPT
RELEASE DATE IS 12/31/2009. Until that time the transcript may be viewed at
the Clerk's Office or a copy may be obtained from the official court transcriber.
Court Reporter/Transcriber Cindy Sumner, Telephone number 214 651-8393. (RE:
related document(s) Hearing held on 9/11/2009. (RE: related document(s)10
Motion to use cash collateral Debtors Emergency Motion Asserting: (i) No
Perfected Lien on Debtors Cash or Accounts; and (ii) Ability to Utilize Such
Property of the Estate per 11 U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited
Company (Attachments: # 1 Service List)) Appearances: P. Keiffer for Debtor
(pending motion to withdraw); J. McPete and M. Hayward for NetSphere and
Manilla; G. Pronske for J. Barron; J. Rasansky for Intervenors Rasansky and
Aldous; L. Boydston for Board of Regents of the University of Texas System; R.
Lurich special litigation counsel to J. Barron and Ondova; S. Jones, criminal
counsel to J. Barron; P. Vogel, special master to Judge Furgeson; M. Taylor
(telephonically) for Quantec, Iguana and Novo Point. Motion now moot, in light
of courts decision to appoint a Chapter 11 Trustee., Hearing held on 9/11/2009.
(RE: related document(s)56
Order to appear and show cause why: (A) A Chapter
11 Trustee should not be appointed, or alternatively, (B) the Case should not be
Converted to a Case uner Chapter 7 and a Chapter 7 Trustee Appointed. Entered
on 9/2/2009. Show Cause hearing to be held on 9/11/2009 at 09:30 AM at Dallas
Judge Jernigan Ctrm.) Appearances: P. Keiffer for Debtor (pending motion to
withdraw); J. McPete and M. Hayward for NetSphere and Manilla; G. Pronske for
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 43 of 200 PageID 47
USCA5 52
10/02/2009
J. Barron; J. Rasansky for Intervenors Rasansky and Aldous; L. Boydston for
Board of Regents of the University of Texas System; R. Lurich special litigation
counsel to J. Barron and Ondova; S. Jones, criminal counsel to J. Barron; P.
Vogel, special master to Judge Furgeson; M. Taylor (telephonically) for Quantec,
Iguana and Novo Point. After hearing arguments and taking judicial notice of prior
testimony and record in case, court appointed a Chapter 11 Trustee, based on
FOFs and COLs stated orally. Court to issue order. Order to continue certain
hearings and set a status conference in approximately two weeks., Hearing held on
9/11/2009. (RE: related document(s)60 Motion to dismiss case Filed by Manila
Industries, Inc., Netsphere, Inc. (Attachments: # 1 Service List)) Appearances: P.
Keiffer for Debtor (pending motion to withdraw); J. McPete and M. Hayward for
NetSphere and Manilla; G. Pronske for J. Barron; J. Rasansky for Intervenors
Rasansky and Aldous; L. Boydston for Board of Regents of the University of
Texas System; J. Wielibinski, A. Rosenberg (telephonically) and P. Grow
(telephonically) for Grupo Andrea; R. Lurich special litigation counsel to J. Barron
and Ondova; S. Jones, criminal counsel to J. Barron; P. Vogel, special master to
Judge Furgeson; M. Taylor (telephonically) for Quantec, Iguana and Novo Point.
After hearing arguments and taking judicial notice of prior testimony and record in
case, court appointed a Chapter 11 Trustee, based on FOFs and COLs state orally.
Accordingly, Motion to Dismiss is denied. Court to issue order.). Transcript to be
made available to the public on 12/31/2009. (Sumner, Cindy)
10/02/2009
113 INCORRECT ENTRY: No PDF Attached. Notice of transmission of
Report and Recommendation regarding the motion to withdraw reference re: Civil
Case #3:09-CV-1551-F (RE: related document(s)109 Report and recommendation
to the U.S. District Court by U.S. Bankruptcy Judge. (RE: related document(s)36
Motion for withdrawal of reference. Civil Case No. 3:09-CV-1551-F.) (Ecker, C.)
Modified on 10/2/2009 (Ecker, C.).
10/02/2009 114 (private) Forms (misc) (Ecker, C.)
10/02/2009
115 Notice of transmission of Report and Recommendation re: Civil Case
#3:09-CV-1551-F (RE: related document(s)109
Report and recommendation to the
U.S. District Court by U.S. Bankruptcy Judge. (RE: related document(s)36 Motion
for withdrawal of reference. Civil Case No. 3:09-CV-1551-F.) (Attachments: 1
Service List) (Ecker, C.)
10/03/2009
116 BNC certificate of mailing - PDF document. (RE: related document(s)108
Order Granting Emergency Motion to withdraw as attorney for the Debtor (Wright
Ginsberg Brusilow, P.C.) (related document # 83) Entered on 10/1/2009.) No. of
Notices: 3. Service Date 10/03/2009. (Admin.)
10/04/2009
117 BNC certificate of mailing - PDF document. (RE: related document(s)109
Report and recommendation to the U.S. District Court by U.S. Bankruptcy Judge.
(RE: related document(s)36 Motion for withdrawal of reference. Civil Case No.
3:09-CV-1551-F.) No. of Notices: 1. Service Date 10/04/2009. (Admin.)
Hearing held on 10/5/2009. (RE: related document(s)75 Application to employ
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 44 of 200 PageID 48
USCA5 53
10/05/2009
Friedman & Feiger, L.L.P. as Special Counsel for Debtor Nunc Pro Tunc Filed by
Debtor Ondova Limited Company (Attachments: # 1 Service List)) Appearances:
R. Lurich for Friedman & Feiger; D. Sherman, Chapter 11 Trustee.
Nonevidenitary hearing. Mr. Lurich announced that he was withdrawing his
application. Court heard brief status report from Chapter 11 Trustee. (Mathews,
M.) (Entered: 10/09/2009)
10/07/2009
119 Notice of Withdrawal of Application to Employ Friedman & Feiger, LLP
as Special Counsel filed by Attorney Friedman & Feiger, L.L.P., Debtor Ondova
Limited Company (RE: related document(s)75 Application to employ Friedman &
Feiger, L.L.P. as Special Counsel for Debtor Nunc Pro Tunc Filed by Debtor
Ondova Limited Company (Attachments: # 1 Service List)). (Lurich, Ryan)
10/08/2009
120 Notice of Appearance and Request for Notice by Raymond J. Urbanik filed
by Trustee Daniel J. Sherman. (Urbanik, Raymond)
10/09/2009
(private) Motions terminated per withdrawal. (RE: related document(s)75
Application to employ Friedman & Feiger, L.L.P. as Special Counsel for Debtor
Nunc Pro Tunc Filed by Debtor Ondova Limited Company (Attachments: # 1
Service List)) (Dugan, S.)
10/12/2009
121 Motion for relief from stay Fee amount $150, Filed by Manila Industries,
Inc., Netsphere, Inc. Objections due by 10/27/2009. (Attachments: 1 Service List)
(Hayward, Melissa)
10/12/2009
Receipt of filing fee for Motion for relief from stay(09-34784-sgj11)
[motion,mrlfsty] ( 150.00). Receipt number 10797232, amount $ 150.00. (U.S.
Treasury)
10/13/2009
122 Application to employ Munsch Hardt Kopf & Harr, P.C. as Attorney for
the Trustee Nunc Pro Tunc Filed by Trustee Daniel J. Sherman (Attachments: 1
Exhibit A2
Limited Service List) (Urbanik, Raymond)
10/13/2009
Proposed order regarding Trustee's employment of Munsch Hardt Kopf &
Harr, P.C. (RE: related document(s)122
Application to employ Munsch Hardt
Kopf & Harr, P.C. as Attorney for the Trustee Nunc Pro Tunc Filed by Trustee
Daniel J. Sherman (Attachments: # 1 Exhibit A# 2 Limited Service List)).
Document uploaded on 10/13/2009 (Ref-ID: 1255440133507_184). (Urbanik,
Raymond)
10/14/2009
123 Notice of hearing filed by Trustee Daniel J. Sherman (RE: related
document(s)122
Application to employ Munsch Hardt Kopf & Harr, P.C. as
Attorney for the Trustee Nunc Pro Tunc Filed by Trustee Daniel J. Sherman
(Attachments: 1 Exhibit A# 2 Limited Service List)). Hearing to be held on
11/10/2009 at 09:30 AM Dallas Judge Jernigan Ctrm for 122
, (Attachments: 1
Limited Service List) (Urbanik, Raymond)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 45 of 200 PageID 49
USCA5 54
10/14/2009
124 Notice of hearing filed by Manila Industries, Inc., Netsphere, Inc. (RE:
related document(s)121 Motion for relief from stay Fee amount $150, Filed by
Manila Industries, Inc., Netsphere, Inc. Objections due by 10/27/2009.
(Attachments: 1 Service List)). Hearing to be held on 11/5/2009 at 01:30 PM
Dallas Judge Jernigan Ctrm for 121, (Attachments: 1 Service List) (Hayward,
Melissa)
10/15/2009
125 Amended Notice of hearing filed by Trustee Daniel J. Sherman (RE:
related document(s)122 Application to employ Munsch Hardt Kopf & Harr, P.C.
as Attorney for the Trustee Nunc Pro Tunc Filed by Trustee Daniel J. Sherman
(Attachments: 1
Exhibit A# 2 Limited Service List)). Hearing to be held on
11/12/2009 at 09:30 AM Dallas Judge Jernigan Ctrm for 122
, (Attachments: 1
Limited Service List) (Urbanik, Raymond)
10/16/2009
126 Transcript (REDACTED VERSION) regarding Hearing Held
09/01/09 RE: 10, motion to use cash collateral, redacted transcript. PORTIONS
OF TRANSCRIPT ARE SEALED. IF YOU ARE ENTITLED TO SEALED
PORTIONS, PLEASE SEND ORDER FORM TO THE COURT FOR JUDGE
JERNIGAN'S APPROVAL. THIS TRANSCRIPT WILL BE MADE
ELECTRONICALLY AVAILABLE TO THE GENERAL PUBLIC 90 DAYS
AFTER THE DATE OF FILING. TRANSCRIPT RELEASE DATE IS
01/14/2010. Until that time the transcript may be viewed at the Clerk's Office or a
copy may be obtained from the official court transcriber. Court
Reporter/Transcriber Cindy Sumner, Telephone number 214 651-8393. (RE:
related document(s) Hearing held on 9/1/2009. (RE: related document(s)10
Motion to use cash collateral Debtors Emergency Motion Asserting: (i) No
Perfected Lien on Debtors Cash or Accounts; and (ii) Ability to Utilize Such
Property of the Estate per 11 U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited
Company (Attachments: # 1 Service List)) Appearances: P. Keiffer for Debtor; R.
Lurich for J. Barron; J. McPete and M. Hayward for NetSphere and Manilla; J.
Rasansky and C. Aldous for themselves. Evidentiary hearing. Court continued
matter to 9/11/09 at 9:30 am. Court to also issue show cause order setting show
cause hearing on 9/11/09 as to why Trustee should not be appointed in case or
case converted.). Transcript to be made available to the public on 01/14/2010.
(Sumner, Cindy) Modified on 10/16/2009 (Mathews, M.).
10/16/2009
127 Notice of Amended Affidavit filed by Trustee Daniel J. Sherman (RE:
related document(s)122
Application to employ Munsch Hardt Kopf & Harr, P.C.
as Attorney for the Trustee Nunc Pro Tunc Filed by Trustee Daniel J. Sherman
(Attachments: 1 Exhibit A2 Limited Service List)). (Attachments: 1 Exhibit A2
Limited Service List) (Urbanik, Raymond)
10/21/2009
Proposed order regarding Motion on Cash Collateral Order (RE: related
document(s)54
Emergency Motion to continue hearing on (related documents 10
Cash collateral) Filed by Debtor Ondova Limited Company). Document uploaded
on 10/21/2009 (Ref-ID: 1256128304629_129). (Urbanik, Raymond)
128 Motion to draw down retainer in the amount of $18,942.40 Filed by
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 46 of 200 PageID 50
USCA5 55
10/22/2009
Accountant Lain, Faulkner & Co., P.C. Objections due by 11/5/2009. (Keiffer,
Edwin)
10/22/2009 129 Trustee's Individual Bond. $450,000.00 (Neary, William)
10/26/2009
130 Response opposed to (related document(s): 121 Motion for relief from stay
Fee amount $150, filed by Creditor Manila Industries, Inc., Creditor Netsphere,
Inc.) filed by Iguana Consulting, LLC, Novo Point, LLC, Quantec, LLC. (Taube,
Eric)
10/27/2009
131 Trustee's Response opposed to (related document(s): 121 Motion for relief
from stay Fee amount $150, filed by Creditor Manila Industries, Inc., Creditor
Netsphere, Inc.) filed by Trustee Daniel J. Sherman. (Urbanik, Raymond)
10/27/2009
132 Application for compensation (former Attorney for Debtor) for Wright
Ginsberg Brusilow, P.C., Debtor's Attorney, Period: 7/27/2009 to 9/28/2009, Fee:
$129,856.25, Expenses: $5,205.94. Filed by Attorney Wright Ginsberg Brusilow,
P.C. (Attachments: 1 Exhibit "C"2 Service List) (Keiffer, Edwin)
10/27/2009
133 Notice of hearing filed by Attorney Wright Ginsberg Brusilow, P.C. (RE:
related document(s)132 Application for compensation (former Attorney for
Debtor) for Wright Ginsberg Brusilow, P.C., Debtor's Attorney, Period: 7/27/2009
to 9/28/2009, Fee: $129,856.25, Expenses: $5,205.94. Filed by Attorney Wright
Ginsberg Brusilow, P.C. (Attachments: 1 Exhibit "C"# 2 Service List)). Hearing to
be held on 11/30/2009 at 01:30 PM Dallas Judge Jernigan Ctrm for 132,
(Attachments: 1 Service List) (Keiffer, Edwin)
10/27/2009
134 Amended Trustee's Response opposed to (related document(s): 121 Motion
for relief from stay Fee amount $150, filed by Creditor Manila Industries, Inc.,
Creditor Netsphere, Inc.) filed by Trustee Daniel J. Sherman. (Urbanik, Raymond)
10/27/2009
135 Response opposed to (related document(s): 121 Motion for relief from stay
Fee amount $150, filed by Creditor Manila Industries, Inc., Creditor Netsphere,
Inc.) RESPONSE OF WRIGHT GINSBERG BRUSILOW P.C., FORMER
COUNSEL FOR DEBTOR AND ADMINISTRATIVE CLAIMANT, IN
OPPOSITION TO MOTION FOR RELIEF FROM AUTOMATIC STAY TO
PROCEED IN UNDERLYING LITIGATION filed by Attorney Wright Ginsberg
Brusilow, P.C.. (Keiffer, Edwin)
10/27/2009
136 Response opposed to (related document(s): 121 Motion for relief from stay
Fee amount $150, filed by Creditor Manila Industries, Inc., Creditor Netsphere,
Inc.) filed by Creditor Jeffrey Baron. (Pronske, Gerrit)
Hearing held on 10/27/2009. (RE: related document(s)105 Application to
employ Daniel J. Sherman and the law firm of Sherman & Yaquinto, L.L.P. as
Attorney and Paralegals Nunc Pro Tunc effective September 10, 2004. Filed by
Trustee Daniel J. Sherman) Appearances: D. Sherman, Trustee. Nonevidentiary
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 47 of 200 PageID 51
USCA5 56
10/27/2009
hearing. Application granted. Counsel to upload order. (Harden, D.) (Entered:
10/28/2009)
10/28/2009
Proposed order regarding Employment of Attorney and Paralegals (RE:
related document(s)105
Application to employ Daniel J. Sherman and the law firm
of Sherman & Yaquinto, L.L.P. as Attorney and Paralegals Nunc Pro Tunc
effective September 10, 2004. Filed by Trustee Daniel J. Sherman). Document
uploaded on 10/28/2009 (Ref-ID: 1256735088459_13). (Sherman, Daniel)
10/29/2009
(private) Reopen document to enter interim order (RE: related document(s)10
Motion to use cash collateral). (Moroles, D.)
10/29/2009
137 Agreed Order regarding interim use of cash collateral on motion to use
cash collateral per order (related document # 10) Entered on 10/29/2009.
(Moroles, D.)
10/29/2009
138 Order granting application to employ Daniel J. Sherman, of Sherman &
Yaquinto, L.L.P. as Attorney and Paralegals (related document # 105) Entered on
10/29/2009. (Moroles, D.)
10/31/2009
139 BNC certificate of mailing - PDF document. (RE: related document(s)137
Agreed Order regarding interim use of cash collateral on motion to use cash
collateral per order (related document # 10) Entered on 10/29/2009.) No. of
Notices: 1. Service Date 10/31/2009. (Admin.)
140 Transcript regarding Hearing Held 09/28/09 RE: 39 motion to file
document under seal;83 motion to withdraw, Keiffer; 98, motion to approve
Chapter 11 Trustee. THIS TRANSCRIPT WILL BE MADE
ELECTRONICALLY AVAILABLE TO THE GENERAL PUBLIC 90 DAYS
AFTER THE DATE OF FILING. TRANSCRIPT RELEASE DATE IS 02/1/2010.
Until that time the transcript may be viewed at the Clerk's Office or a copy may be
obtained from the official court transcriber. Court Reporter/Transcriber Cindy
Sumner, Telephone number 214 651-8393. (RE: related document(s) Hearing held
on 9/28/2009. (RE: related document(s)39
Emergency Motion to file document
under seal.--Motion to Impound Contents of Statement of Financial Affairs Section
10 Filed by Manila Industries, Inc., Netsphere, Inc.) Appearances: P. Keiffer for
Debtor; D. Sherman, Chapter 11 Trustee; J. MacPete and M. Hayward
(telephonically) for Manila and NetSphere; and S. Jones for J. Baron.
Nonevidentiary hearing. Court determined it will continue hearing to mid-October
2009. Court to issue separate Order Continuing Hearing that will set the date/time.,
Hearing held on 9/28/2009. (RE: related document(s)83
Motion to withdraw as
attorney (Wright Ginsberg Brusilow, P.C.) Filed by Attorney Wright Ginsberg
Brusilow, P.C.) Appearances: P. Keiffer for Debtor; D. Sherman, Chapter 11
Trustee; J. MacPete and M. Hayward (telephonically) for Manila and NetSphere;
and S. Jones for J. Baron. Nonevidentiary hearing. Court granted motion. Mr.
Keiffer to upload order., Status conference held on 9/28/2009. (RE: related
document(s)98
Order granting application to approve the appointment of a chapter
11 trustee. Ordered, that the appointment of Daniel J. Sherman as Chapter 11
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 48 of 200 PageID 52
USCA5 57
11/02/2009
Trustee in this case is approved (related document # 96). Entered on 9/17/2009.)
Appearances: P. Keiffer for Debtor; D. Sherman, Chapter 11 Trustee; J. MacPete
and M. Hayward (telephonically) for Manila and NetSphere; and S. Jones for J.
Baron. Nonevidentiary hearing. Court heard reports of due diligence being
undertaken by Chapter 11 trustee and that he is getting cooperation from parties.).
Transcript to be made available to the public on 02/1/2010. (Sumner, Cindy)
11/02/2009
141 (private) Form order for denial to be routed to judge for signature. (RE:
related document(s)68 Motion to compel compliance with automatic stay Filed by
Debtor Ondova Limited Company (Attachments: # 1 Exhibit A-C)) (Bibbs, P.)
11/02/2009
Proposed order regarding Impound of Schedules and SOFA (RE: related
document(s)39 Emergency Motion to file document under seal.--Motion to
Impound Contents of Statement of Financial Affairs Section 10 Filed by Manila
Industries, Inc., Netsphere, Inc.). Document uploaded on 11/2/2009 (Ref-ID:
1257163725381_133). (Hayward, Melissa)
11/02/2009
(private) Reopen document (RE: related document(s)105 Application to employ
Daniel J. Sherman and the law firm of Sherman & Yaquinto, L.L.P. as Attorney
and Paralegals Nunc Pro Tunc effective September 10, 2004. Filed by Trustee
Daniel J. Sherman) (Davis, T.)
11/02/2009
Proposed order regarding AMENDED Order Authorizing Employment of
Attorney adn Paralegals Nunc Pro Tunc Effective September 16, 2009 (RE:
related document(s)105 Application to employ Daniel J. Sherman and the law firm
of Sherman & Yaquinto, L.L.P. as Attorney and Paralegals Nunc Pro Tunc
effective September 10, 2004. Filed by Trustee Daniel J. Sherman). Document
uploaded on 11/2/2009 (Ref-ID: 1257163725381_141). (Sherman, Daniel)
11/02/2009
Hearing held on 11/2/2009. (RE: related document(s)39 Emergency Motion to
file document under seal.--Motion to Impound Contents of Statement of Financial
Affairs Section 10 Filed by Manila Industries, Inc., Netsphere, Inc.) Appearances:
M. Hayward and J. McPete for Movants; R. Urbanek for Trustee. Nonevidentiary
hearing. Announcement that motion is unopposed. Counsel to upload final order
granting motion. (Floyd, K.) (Entered: 11/03/2009)
11/03/2009
142 (private) Form order to be routed to judge for signature (RE: related
document(s)61
Motion to draw down retainer in the amount of $30,036.00 Filed
by Attorney Wright Ginsberg Brusilow, P.C. Objections due by 9/18/2009.)
(Bibbs, P.)
11/03/2009
144 DISTRICT COURT Order denying motion for withdrawal of reference.
Civil Case Number 3:09-CV-1551-RF (related doc # 36
) Entered on 11/3/2009.
ORDER ADOPTING 6
REPORT AND RECOMMENDATION OF THE
UNITED STATES BANKRUPTCY JUDGE. 2 MOTION to Withdraw Reference
is denied (Whitaker, Sheniqua) Modified to add text on 11/5/2009 (Whitaker,
Sheniqua). (Entered: 11/05/2009)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 49 of 200 PageID 53
USCA5 58
11/04/2009
143 Reply to (related document(s): 130 Response filed by Creditor Quantec,
LLC, Creditor Iguana Consulting, LLC, Creditor Novo Point, LLC, 134 Response
filed by Trustee Daniel J. Sherman, 135 Response filed by Attorney Wright
Ginsberg Brusilow, P.C., 136 Response filed by Creditor Jeffrey Baron) filed by
Manila Industries, Inc., Netsphere, Inc.. (Hayward, Melissa)
11/05/2009
145 Amended Order granting application to employ Daniel J. Sherman and the
law firm of Sherman & Yaquinto, L.L.P. as Attorney and Paralegals Nunc Pro
Tunc effective September 16, 2009 (related document # 105). Entered on
11/5/2009. (Moroles, D.)
11/05/2009
Hearing held on 11/5/2009. (RE: related document(s)121 Motion for relief
from stay Fee amount $150, Filed by Manila Industries, Inc., Netsphere, Inc.
Objections due by 10/27/2009. (Attachments: # 1 Service List)) Appearances: R.
Urbanik, G Pronske, E Taube, M Hayward, Charla Aldous. Peter Vogel, Chip
Koonz, Frank Perry. John MacPete. Motion granted in part. 1) Court will lift stay
to allow Mr. Vogel and Equivalent Data to pursue their fee requests in the district
court litigation 2) court will lift stay to allow parties to ask Judge Ferguson to
unseal his injunction orders. Court does not lift the stay in any other matter. Mr.
Urbanik to upload order. (Harden, D.) (Entered: 11/10/2009)
11/06/2009
146 Motion to pay Trustee's Motion to Establish Procedures for the Interim
Compensation of Professionals Filed by Trustee Daniel J. Sherman (Urbanik,
Raymond)
11/06/2009
147 Notice of hearing filed by Trustee Daniel J. Sherman (RE: related
document(s)146 Motion to pay Trustee's Motion to Establish Procedures for the
Interim Compensation of Professionals Filed by Trustee Daniel J. Sherman).
Hearing to be held on 12/1/2009 at 09:30 AM Dallas Judge Jernigan Ctrm for 146,
(Urbanik, Raymond)
11/07/2009
148 BNC certificate of mailing - PDF document. (RE: related document(s)144
DISTRICT COURT Order denying motion for withdrawal of reference. Civil Case
Number 3:09-CV-1551-RF (related doc # 36
) Entered on 11/3/2009. ORDER
ADOPTING 6
REPORT AND RECOMMENDATION OF THE UNITED
STATES BANKRUPTCY JUDGE. 2
MOTION to Withdraw Reference is denied
(Whitaker, Sheniqua) Modified to add text on 11/5/2009 (Whitaker, Sheniqua).)
No. of Notices: 1. Service Date 11/07/2009. (Admin.)
11/09/2009
149 Order granting motion to SEAL information in debtor's schedules and
statement of financial affairs. Ordered that the answer to question 10 on the
debtor's statement of financial affairs is filed under SEAL. Further ordered that
any other information set forth in the debtor's schedules or statement of financial
affairs may also be subject to being filed under SEAL per conditions of this order
(related document # 39). Entered on 11/9/2009. (Moroles, D.)
Proposed order regarding Motoin for Relief from Automatic Stay to Proceed
in Underlying Litigation (RE: related document(s)121
Motion for relief from stay
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 50 of 200 PageID 54
USCA5 59
11/11/2009
Fee amount $150, Filed by Manila Industries, Inc., Netsphere, Inc. Objections due
by 10/27/2009. (Attachments: # 1 Service List)). Document uploaded on
11/11/2009 (Ref-ID: 1257963361622_5). (Urbanik, Raymond)
11/11/2009
150 BNC certificate of mailing - PDF document. (RE: related document(s)149
Order granting motion to SEAL information in debtor's schedules and statement of
financial affairs. Ordered that the answer to question 10 on the debtor's statement
of financial affairs is filed under SEAL. Further ordered that any other information
set forth in the debtor's schedules or statement of financial affairs may also be
subject to being filed under SEAL per conditions of this order (related document #
39
). Entered on 11/9/2009.) No. of Notices: 4. Service Date 11/11/2009. (Admin.)
11/12/2009
Proposed order regarding employment of Munsch Hardt Kopf & Harr, P.C. as
counsel for the Trustee (RE: related document(s)122 Application to employ
Munsch Hardt Kopf & Harr, P.C. as Attorney for the Trustee Nunc Pro Tunc Filed
by Trustee Daniel J. Sherman (Attachments: # 1 Exhibit A# 2 Limited Service
List)). Document uploaded on 11/12/2009 (Ref-ID: 1258030013427_194).
(Urbanik, Raymond)
11/12/2009
Hearing held on 11/12/2009. (RE: related document(s)122 Trustee's
Application to employ Munsch Hardt Kopf & Harr, P.C. as Attorney Nunc Pro
Tunc.) Appearances: R. Urbanek for Applicant/Trustee. Nonevidentiary hearing.
Application granted. Mr. Urbanek to upload order. (Sauer, K.) (Entered:
11/18/2009)
11/16/2009
151 Order granting motion for relief from stay by Creditor Manila Industries,
Inc. to proceed in underlying litigation (related document # 121) Entered on
11/16/2009. (Wiker, Joshua)
11/17/2009
152 Order granting application to employ Munsch Hardt Kopf & Harr, P.C. as
Attorney, effective SEptember 28, 2009 (related document # 122). Entered on
11/17/2009. (Moroles, D.)
11/17/2009
(private) Reopen document for purposes of uploaded a corrected order (RE:
related document(s)121 Motion for relief from stay Fee amount $150, Filed by
Manila Industries, Inc., Netsphere, Inc. Objections due by 10/27/2009.
(Attachments: # 1 Service List)) (Tello, Chris)
11/17/2009
Proposed order regarding motion for relief from stay (Corrected Order) (RE:
related document(s)121
Motion for relief from stay Fee amount $150, Filed by
Manila Industries, Inc., Netsphere, Inc. Objections due by 10/27/2009.
(Attachments: # 1 Service List)). Document uploaded on 11/17/2009 (Ref-ID:
1258464309819_82). (Urbanik, Raymond)
11/17/2009
153 Trustee's Individual Bond. $1,000,000.00 filed by Daniel J. Sherman
(Neary, William)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 51 of 200 PageID 55
USCA5 60
11/18/2009
154 BNC certificate of mailing - PDF document. (RE: related document(s)151
Order granting motion for relief from stay by Creditor Manila Industries, Inc. to
proceed in underlying litigation (related document # 121) Entered on 11/16/2009.)
No. of Notices: 1. Service Date 11/18/2009. (Admin.)
11/19/2009
155 Corrected Order granting motion for relief from stay to proceed in
underlying litigation by Creditor Manila Industries, Inc. (related document # 121)
Entered on 11/19/2009. (Moroles, D.)
11/19/2009
156 Order denying motion for want of prosecution (related document # 68
Motion to compel compliance ) Entered on 11/19/2009. (Moroles, D.) MODIFIED
text to match pdf on 11/19/2009 (Moroles, D.).
11/19/2009
157 BNC certificate of mailing - PDF document. (RE: related document(s)152
Order granting application to employ Munsch Hardt Kopf & Harr, P.C. as
Attorney, effective SEptember 28, 2009 (related document # 122). Entered on
11/17/2009.) No. of Notices: 1. Service Date 11/19/2009. (Admin.) (Entered:
11/20/2009)
11/21/2009
158 BNC certificate of mailing - PDF document. (RE: related document(s)155
Corrected Order granting motion for relief from stay to proceed in underlying
litigation by Creditor Manila Industries, Inc. (related document # 121) Entered on
11/19/2009.) No. of Notices: 1. Service Date 11/21/2009. (Admin.)
11/21/2009
159 BNC certificate of mailing - PDF document. (RE: related document(s)156
Order denying motion for want of prosecution (related document # 68 Motion to
compel compliance ) Entered on 11/19/2009. (Moroles, D.) MODIFIED text to
match pdf on 11/19/2009 (Moroles, D.).) No. of Notices: 2. Service Date
11/21/2009. (Admin.)
11/30/2009
Proposed order regarding Final Application for Allowance of Fees and
Expenses of Wright Ginsberg Brusilow P.C., Former Counsel for Debtor (RE:
related document(s)132 Application for compensation (former Attorney for
Debtor) for Wright Ginsberg Brusilow, P.C., Debtor's Attorney, Period: 7/27/2009
to 9/28/2009, Fee: $129,856.25, Expenses: $5,205.94. Filed by Attorney Wright
Ginsberg Brusilow, P.C. (Attachments: # 1 Exhibit "C"# 2 Service List)).
Document uploaded on 11/30/2009 (Ref-ID: 1259591988626_174). (Keiffer,
Edwin)
11/30/2009
Hearing held on 11/30/2009. (RE: related document(s)132 Application for
compensation (former Attorney for Debtor) for Wright Ginsberg Brusilow, P.C.,
Debtor's Attorney, Period: 7/27/2009 to 9/28/2009, Fee: $129,856.25, Expenses:
$5,205.94. Filed by Attorney Wright Ginsberg Brusilow, P.C. (Attachments: # 1
Exhibit "C"# 2 Service List)) Appearances: P. Keiffer for Debtor. Evidentiary
hearing (proffer plus time records). Application approved. Mr. Taubenfeld to
upload order. (Harden, D.) (Entered: 12/01/2009)
Proposed order regarding establishment of interim compensation procedures
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 52 of 200 PageID 56
USCA5 61
12/01/2009
for professionals (RE: related document(s)146 Motion to pay Trustee's Motion to
Establish Procedures for the Interim Compensation of Professionals Filed by
Trustee Daniel J. Sherman). Document uploaded on 12/1/2009 (Ref-ID:
1259674887295_47). (Urbanik, Raymond)
12/01/2009
Hearing held on 12/1/2009. (RE: related document(s)146 Trustee's Motion to
Establish Procedures for the Interim Compensation of Professionals. Appearances:
R. Urbanek for Trustee. Nonevidentiary hearing. Motion granted. Mr. Urbanek to
upload order. (Wiker, Joshua) (Entered: 12/02/2009)
12/02/2009
160 Trustee's Individual Bond. $1,500,000.00 filed by Daniel J. Sherman
(Neary, William)
12/02/2009
(private) Reopen document (RE: related document(s)10 Motion to use cash
collateral Debtors Emergency Motion Asserting: (i) No Perfected Lien on Debtors
Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate per 11
U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited Company (Attachments: # 1
Service List)) (Davis, T.)
12/02/2009
Proposed order regarding additional interim use of cash collateral (RE: related
document(s)10 Motion to use cash collateral Debtors Emergency Motion
Asserting: (i) No Perfected Lien on Debtors Cash or Accounts; and (ii) Ability to
Utilize Such Property of the Estate per 11 U.S.C. § 363(c)(1) Filed by Debtor
Ondova Limited Company (Attachments: # 1 Service List)). Document uploaded
on 12/2/2009 (Ref-ID: 1259758197586_230). (Urbanik, Raymond)
12/03/2009
161 Order granting final application for compensation (related document # 132)
granting for Wright Ginsberg Brusilow, P.C., fees awarded: $129856.25, expenses
awarded: $5205.94 Entered on 12/3/2009. (Sauer, K.)
12/04/2009
162 Second Agreed Order Regarding Additional Interim Use of Cash
Collateral. Entered on 12/4/2009 (RE: related document(s)10
Emergency Motion
filed by Debtor Ondova Limited Company). (Moroles, D.)
12/04/2009
163 Trustee's monthly operating report for filing period September 1, 2009 to
September 30, 2009 (Sherman, Daniel)
12/05/2009
164 BNC certificate of mailing - PDF document. (RE: related document(s)161
Order granting final application for compensation (related document # 132
)
granting for Wright Ginsberg Brusilow, P.C., fees awarded: $129856.25, expenses
awarded: $5205.94 Entered on 12/3/2009.) No. of Notices: 1. Service Date
12/05/2009. (Admin.)
165 BNC certificate of mailing - PDF document. (RE: related document(s)162
Second Agreed Order Regarding Additional Interim Use of Cash Collateral.
Entered on 12/4/2009 (RE: related document(s)10
Emergency Motion filed by
Debtor Ondova Limited Company).) No. of Notices: 2. Service Date 12/06/2009.
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 53 of 200 PageID 57
USCA5 62
12/06/2009 (Admin.)
12/08/2009
166 Order Granting Trustee's Motion to Establish Procedures for the Interim
Compensation of Professionals (related document # 146
). Entered on 12/8/2009.
(Moroles, D.)
12/09/2009
(private) Motions terminated. (RE: related document(s)61 Motion to draw down
retainer in the amount of $30,036.00 Filed by Attorney Wright Ginsberg Brusilow,
P.C. Objections due by 9/18/2009.) (Bibbs, P.)
12/09/2009
167 Motion for expedited hearing(related documents 10 Cash collateral) Filed
by Trustee Daniel J. Sherman (Urbanik, Raymond)
12/09/2009
Proposed order regarding motion for expedited hearing (RE: related document
(s)167
Motion for expedited hearing(related documents 10 Cash collateral) Filed
by Trustee Daniel J. Sherman). Document uploaded on 12/9/2009 (Ref-ID:
1260366703312_154). (Urbanik, Raymond)
12/10/2009
Proposed order regarding additional interim use of cash collateral Third
Agreed Order Regarding Additional Interim Use of Cash Collateral (RE: related
document(s)10 Motion to use cash collateral Debtors Emergency Motion
Asserting: (i) No Perfected Lien on Debtors Cash or Accounts; and (ii) Ability to
Utilize Such Property of the Estate per 11 U.S.C. § 363(c)(1) Filed by Debtor
Ondova Limited Company (Attachments: # 1 Service List)). Document uploaded
on 12/10/2009 (Ref-ID: 1260451112214_23). (Urbanik, Raymond)
12/10/2009
168 Notice of Appearance and Request for Notice by Angela B. Degeyter filed
by Creditor VeriSign, Inc.. (Degeyter, Angela)
12/10/2009
169 BNC certificate of mailing - PDF document. (RE: related document(s)166
Order Granting Trustee's Motion to Establish Procedures for the Interim
Compensation of Professionals (related document # 146
). Entered on 12/8/2009.)
No. of Notices: 1. Service Date 12/10/2009. (Admin.) (Entered: 12/11/2009)
12/11/2009
170 Order granting motion for expedited status conference (Related Doc# 167)
(document set for status conference: 10 Cash collateral) Entered on 12/11/2009.
Status conference to be held on 12/16/2009 at 09:30 AM Dallas Judge Jernigan
Ctrm for 10, (Wiker, Joshua)
12/11/2009
171 Third Agreed Order temporarily granting motion for interim use of cash
collateral (related document # 10
) Entered on 12/11/2009. (Wiker, Joshua)
172 Notice of hearing Notice of Expedited Status Conference filed by Trustee
Daniel J. Sherman (RE: related document(s)10Motion to use cash collateral
Debtors Emergency Motion Asserting: (i) No Perfected Lien on Debtors Cash or
Accounts; and (ii) Ability to Utilize Such Property of the Estate per 11 U.S.C. §
363(c)(1)). Status Conference to be held on 12/16/2009 at 09:30 AM at Dallas
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 54 of 200 PageID 58
USCA5 63
12/11/2009
Judge Jernigan Ctrm. (Urbanik, Raymond) MODIFIED to correct linkage on
12/15/2009 (Sauer, K.).
12/13/2009
173 BNC certificate of mailing - PDF document. (RE: related document(s)170
Order granting motion for expedited status conference (Related Doc# 167
)
(document set for status conference: 10 Cash collateral) Entered on 12/11/2009.
Status conference to be held on 12/16/2009 at 09:30 AM Dallas Judge Jernigan
Ctrm for 10,) No. of Notices: 2. Service Date 12/13/2009. (Admin.)
12/13/2009
174 BNC certificate of mailing - PDF document. (RE: related document(s)171
Third Agreed Order temporarily granting motion for interim use of cash collateral
(related document # 10) Entered on 12/11/2009.) No. of Notices: 4. Service Date
12/13/2009. (Admin.)
12/15/2009
175 Motion to compromise controversy with Liberty Media Holdings, LLC.
Filed by Trustee Daniel J. Sherman Objections due by 1/7/2010. (Attachments: 1
Exhibit2 Service List) (Ong, Jay)
12/15/2009
176 Motion to file document under seal. Trustee's Motion for Authority to File
Under Seal Settlement Agreement with Liberty Media Holdings, LLC Filed by
Trustee Daniel J. Sherman (Attachments: 1 Service List) (Ong, Jay)
12/15/2009
Proposed order regarding Trustee's motion to file settlement agreement under
seal (RE: related document(s)176 Motion to file document under seal. Trustee's
Motion for Authority to File Under Seal Settlement Agreement with Liberty Media
Holdings, LLC Filed by Trustee Daniel J. Sherman (Attachments: # 1 Service
List)). Document uploaded on 12/15/2009 (Ref-ID: 1260886953761_198). (Ong,
Jay)
12/15/2009
177 Motion to compromise controversy with The Board of Regents, The
University of Texas System. Filed by Trustee Daniel J. Sherman Objections due
by 1/7/2010. (Attachments: 1 Exhibit2 Service List) (Ong, Jay)
12/15/2009
178 Motion to file document under seal. Trustee's Motion for Authority to File
Under Seal Settlement Agreement with The Board of Regents, The University of
Texas System Filed by Trustee Daniel J. Sherman (Attachments: 1
Service List)
(Ong, Jay)
12/15/2009
Proposed order regarding authority to file settlement agreement under seal
(RE: related document(s)178
Motion to file document under seal. Trustee's Motion
for Authority to File Under Seal Settlement Agreement with The Board of Regents,
The University of Texas System Filed by Trustee Daniel J. Sherman (Attachments:
# 1 Service List)). Document uploaded on 12/15/2009 (Ref-ID:
1260886953761_204). (Ong, Jay)
Status conference held on 12/16/2009. (RE: related document(s)170 Order
granting motion for expedited status conference (Related Doc# 167
)(document set
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 55 of 200 PageID 59
USCA5 64
12/16/2009
for status conference: 10 Cash collateral) Entered on 12/11/2009. Status
conference to be held on 12/16/2009 at 09:30 AM Dallas Judge Jernigan Ctrm for
10,) Appearances: R. Urbanik for Trustee (and D. Sherman, Trustee); E. Taub for
Novell and Quantec; R. Wolf for J. Rasansky and C. Aldous; P. Keiffer,
administrative claimant; J. Hall for J. Barron. Nonevidentiary hearing. Court heard
reports regarding cash availability and needs and assertions of interests therein by
certain parties. Court accepted and ordered Trustees proposed usages of cash in
December and January, with a briefing schedule for parties to argue their interests
in cash. Court set next hearing on cash collateral usage for 1/19/10 at 9:30 am. Mr.
Urbanik to upload order. (Harden, D.) Modified text on 12/17/2009 (Harden, D.).
(Entered: 12/17/2009)
12/16/2009
179 Hearing set (RE: related document(s)10 Motion to use cash collateral
Debtors Emergency Motion Asserting: (i) No Perfected Lien on Debtors Cash or
Accounts; and (ii) Ability to Utilize Such Property of the Estate per 11 U.S.C. §
363(c)(1) Filed by Debtor Ondova Limited Company (Attachments: # 1 Service
List)) Hearing to be held on 1/19/2010 at 09:30 AM Dallas Judge Jernigan Ctrm
for 10, (Harden, D.) (Entered: 12/17/2009)
12/17/2009
180 Debtor-in-possession monthly operating report for filing period October 1,
2009 to October 31, 2009 filed by Trustee Daniel J. Sherman. (Sherman, Daniel)
12/18/2009
Proposed order regarding Debtor's Emergency Motion (RE: related document
(s)10 Motion to use cash collateral Debtors Emergency Motion Asserting: (i) No
Perfected Lien on Debtors Cash or Accounts; and (ii) Ability to Utilize Such
Property of the Estate per 11 U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited
Company (Attachments: # 1 Service List)). Document uploaded on 12/18/2009
(Ref-ID: 1261142626828_42). (Urbanik, Raymond)
12/21/2009
(private) Motions terminated. (RE: related document(s)128 Motion to draw
down retainer in the amount of $18,942.40 Filed by Accountant Lain, Faulkner &
Co., P.C. Objections due by 11/5/2009.) (Bibbs, P.)
12/21/2009
181 Order Setting Final Hearing on Cash Collateral Motion per order. Entered
on 12/21/2009 (RE: related document(s)10
Cash collateral filed by Debtor Ondova
Limited Company). Final Hearing to be held on 1/19/2010 at 09:30 AM Dallas
Judge Jernigan Ctrm for 10, (Moroles, D.)
12/22/2009
182 Motion for 2004 examination of Manish Aggrawal. Filed by Trustee Daniel
J. Sherman (Urbanik, Raymond)
12/22/2009
183 Motion for 2004 examination of Munish Krishan. Filed by Trustee Daniel
J. Sherman (Urbanik, Raymond)
12/22/2009
184 Motion for 2004 examination of Jill Johnson. Filed by Trustee Daniel J.
Sherman (Urbanik, Raymond)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 56 of 200 PageID 60
USCA5 65
12/22/2009
185 Motion for 2004 examination of Jeffrey Baron. Filed by Trustee Daniel J.
Sherman (Urbanik, Raymond)
12/28/2009
186 Notice of hearing filed by Trustee Daniel J. Sherman (RE: related
document(s)182
Motion for 2004 examination of Manish Aggrawal. Filed by
Trustee Daniel J. Sherman, 183 Motion for 2004 examination of Munish Krishan.
Filed by Trustee Daniel J. Sherman, 184 Motion for 2004 examination of Jill
Johnson. Filed by Trustee Daniel J. Sherman, 185 Motion for 2004 examination of
Jeffrey Baron. Filed by Trustee Daniel J. Sherman). Hearing to be held on
1/26/2010 at 09:30 AM Dallas Judge Jernigan Ctrm for 185 and for 182 and for
184
and for 183, (Urbanik, Raymond)
12/29/2009
187 Motion to file under seal Intervenors' Brief in Support of Intervenors'
Objection to Debtor's Emergency Motion. Filed by Interested Party Aldous Law
Firm (Brown, D.)
12/29/2009
(private) Proposed order regarding motion to seal (RE: related document(s)187
Motion to file under seal Intervenors' Brief in Support of Intervenors' Objection to
Debtor's Emergency Motion. Filed by Interested Party Aldous Law Firm).
Document uploaded on 12/29/2009 (Ref-ID: 1262093808270_236). (Harden, D.)
12/30/2009
188 Motion to file document under seal. Filed by Manila Industries, Inc.,
Netsphere, Inc. (Hayward, Melissa)
12/30/2009
Proposed order regarding Motion to Seal (RE: related document(s)188 Motion
to file document under seal. Filed by Manila Industries, Inc., Netsphere, Inc.).
Document uploaded on 12/30/2009 (Ref-ID: 1262180672690_127). (Hayward,
Melissa)
12/30/2009
189 Order granting motion to file under SEAL Intervenors' Brief in Support of
Intervenors' Objection to Debtor's Emergency Motion. Filed by Interested Party
Aldous Law Firm (related document # 187) Entered on 12/30/2009. (Moroles, D.)
12/30/2009
190 Order granting motion to file Brief under SEAL (related document # 188
Motion to file document under seal Filed by Manila Industries, Inc. and Netsphere,
Inc. ). Entered on 12/30/2009. (Moroles, D.)
12/30/2009
191 Joinder by filed by Creditor Jeffrey Baron (RE: related document(s)182
Motion for 2004 examination of Manish Aggrawal., 183
Motion for 2004
examination of Munish Krishan., 184
Motion for 2004 examination of Jill
Johnson.). (Attachments: 1
Service List) (Pronske, Gerrit)
12/31/2009
192 FILED UNDER SEAL: Brief in support of intervenors' objection to
Debtor's emergency motion asserting: (I) No perfected lien on Debtor's cash or
accounts; and (II) Ability to utilize such property of the estate filed by Interested
Parties Aldous Law Firm , Rasansky Law Firm (RE: related document(s)49
Objection). (Dugan, S.)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 57 of 200 PageID 61
USCA5 66
12/31/2009
193 FILED UNDER SEAL: Brief in support of the Netsphere parties' limited
objection to debtor's emergency motion asserting (I) No perfected lien on debtor's
cash or accounts; and (II) Ability to utilize such property of the estate and request
for accounting of monetization funds filed by Manila Industries, Inc. , Netsphere,
Inc. (RE: related document(s)41 Objection). (Dugan, S.)
01/01/2010
194 BNC certificate of mailing - PDF document. (RE: related document(s)189
Order granting motion to file under SEAL Intervenors' Brief in Support of
Intervenors' Objection to Debtor's Emergency Motion. Filed by Interested Party
Aldous Law Firm (related document # 187) Entered on 12/30/2009.) No. of
Notices: 3. Service Date 01/01/2010. (Admin.)
01/01/2010
195 BNC certificate of mailing - PDF document. (RE: related document(s)190
Order granting motion to file Brief under SEAL (related document # 188 Motion
to file document under seal Filed by Manila Industries, Inc. and Netsphere, Inc. ).
Entered on 12/30/2009.) No. of Notices: 1. Service Date 01/01/2010. (Admin.)
01/04/2010
196 Motion for relief from stay to File Motion in District Court Litigation Fee
amount $150, Filed by Iguana Consulting, LLC, Novo Point, LLC, Quantec, LLC,
Trustee Daniel J. Sherman Objections due by 1/19/2010. (Urbanik, Raymond)
01/04/2010
197 Motion for expedited hearing(related documents 196 Motion for relief from
stay) Filed by Iguana Consulting, LLC, Novo Point, LLC, Quantec, LLC, Trustee
Daniel J. Sherman (Urbanik, Raymond)
01/04/2010
Proposed order regarding expedite hearing (RE: related document(s)197
Motion for expedited hearing(related documents 196 Motion for relief from stay)
Filed by Iguana Consulting, LLC, Novo Point, LLC, Quantec, LLC, Trustee
Daniel J. Sherman). Document uploaded on 1/4/2010 (Ref-ID:
1262612086492_330). (Urbanik, Raymond)
01/05/2010
198 Joinder by Jeffrey Baron in Debtor's Emergency Motion Asserting: (I) No
Perfected Lien on Debtor's Cash or Accounts; and (II) Ability to Utilize Such
Property of the Estate per 11 U.S.C. 363(c)(1) filed by Creditor Jeffrey Baron
(RE: related document(s)10
Motion to use cash collateral Debtors Emergency
Motion Asserting: (i) No Perfected Lien on Debtors Cash or Accounts; and (ii)
Ability to Utilize Such Property of the Estate per 11 U.S.C. § 363(c)(1)).
(Attachments: 1 Service List) (Pronske, Gerrit)
01/05/2010
Receipt of filing fee for Motion for relief from stay(09-34784-sgj11)
[motion,mrlfsty] ( 150.00). Receipt number 11214671, amount $ 150.00. (U.S.
Treasury)
01/05/2010
199 Motion to appear pro hac vice for Eric Lopez Schnabel. Fee Amount $25
Filed by Creditor VeriSign, Inc. (Degeyter, Angela)
Receipt of filing fee for Motion to Appear pro hac vice(09-34784-sgj11)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 58 of 200 PageID 62
USCA5 67
01/05/2010
[motion,mprohac] ( 25.00). Receipt number 11217177, amount $ 25.00. (U.S.
Treasury)
01/05/2010
200 Response unopposed to (related document(s): 10 Motion to use cash
collateral Debtors Emergency Motion Asserting: (i) No Perfected Lien on Debtors
Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate per 11
U.S.C. § 363(c)(1) filed by Debtor Ondova Limited Company) filed by Creditor
VeriSign, Inc.. (Attachments: 1
Exhibit A2 Mailing Matrix) (Degeyter, Angela)
01/06/2010
201 (private) Form order to be routed to judge for signature (RE: related
document(s)199 Motion to appear pro hac vice for Eric Lopez Schnabel. Fee
Amount $25 Filed by Creditor VeriSign, Inc.) (Kerr, S.)
01/06/2010
202 Debtor-in-possession monthly operating report for filing period November
1, 2009 to November 30, 2009 filed by Trustee Daniel J. Sherman. (Sherman,
Daniel)
01/06/2010
203 Notice of hearing(expedited) filed by Trustee Daniel J. Sherman (RE:
related document(s)196 Motion for relief from stay to File Motion in District
Court Litigation Fee amount $150, Filed by Iguana Consulting, LLC, Novo Point,
LLC, Quantec, LLC, Trustee Daniel J. Sherman Objections due by 1/19/2010.).
Hearing to be held on 1/15/2010 at 09:30 AM Dallas Judge Jernigan Ctrm for 196,
(Urbanik, Raymond)
01/07/2010
204 Amended Notice of hearing(expedited) filed by Trustee Daniel J. Sherman
(RE: related document(s)196 Motion for relief from stay to File Motion in District
Court Litigation Fee amount $150, Filed by Iguana Consulting, LLC, Novo Point,
LLC, Quantec, LLC, Trustee Daniel J. Sherman Objections due by 1/19/2010.).
Hearing to be held on 1/15/2010 at 09:30 AM Dallas Judge Jernigan Ctrm for 196,
(Urbanik, Raymond)
01/07/2010
205 Order granting motion for expedited hearing (Related Doc# 197)(document
set for hearing: 196
Motion for relief from stay to file motion in District Court
litigation) Entered on 1/7/2010. Hearing to be held on 1/15/2010 at 09:30 AM
Dallas Judge Jernigan Ctrm for 196, (Moroles, D.)
01/07/2010
206 Order granting motion to appear pro hac vice adding Eric Lopez Schnabel
for VeriSign, Inc. (related document # 199
) Entered on 1/7/2010. (Moroles, D.)
01/09/2010
207 BNC certificate of mailing - PDF document. (RE: related document(s)205
Order granting motion for expedited hearing (Related Doc# 197
)(document set for
hearing: 196
Motion for relief from stay to file motion in District Court litigation)
Entered on 1/7/2010. Hearing to be held on 1/15/2010 at 09:30 AM Dallas Judge
Jernigan Ctrm for 196,) No. of Notices: 1. Service Date 01/09/2010. (Admin.)
208 BNC certificate of mailing - PDF document. (RE: related document(s)206
Order granting motion to appear pro hac vice adding Eric Lopez Schnabel for
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 59 of 200 PageID 63
USCA5 68
01/09/2010
VeriSign, Inc. (related document # 199) Entered on 1/7/2010.) No. of Notices: 2.
Service Date 01/09/2010. (Admin.)
01/11/2010
209 Brief in opposition filed by Trustee Daniel J. Sherman (RE: related
document(s)193
Brief). (Urbanik, Raymond)
01/12/2010
210 Certificate of No Objection filed by Trustee Daniel J. Sherman (RE: related
document(s)175 Motion to compromise controversy with Liberty Media Holdings,
LLC. , 176 Motion to file document under seal. Trustee's Motion for Authority to
File Under Seal Settlement Agreement with Liberty Media Holdings, LLC).
(Urbanik, Raymond)
01/12/2010
211 Certificate of No Objection filed by Trustee Daniel J. Sherman (RE: related
document(s)177 Motion to compromise controversy with The Board of Regents,
The University of Texas System. , 178 Motion to file document under seal.
Trustee's Motion for Authority to File Under Seal Settlement Agreement with The
Board of Regents, The University of Texas System). (Urbanik, Raymond)
01/12/2010
212 Trustee's Motion to file document under seal.Trustee's Motion for Authority
to File Under Seal or Restrict Access to the Trustee's Reply Brief Regarding
Objections to Debtor's Emergency Motion Asserting: (I) No Perfected Lien on
Debtor's Cash or Accounts; and (II) Ability to Utilize Such Property of the Estate
Per 11 U.S.C. Section 363(C)(1) Filed by Trustee Daniel J. Sherman (Urbanik,
Raymond)
01/12/2010
Proposed order regarding seal (RE: related document(s)212 Trustee's Motion
to file document under seal.Trustee's Motion for Authority to File Under Seal or
Restrict Access to the Trustee's Reply Brief Regarding Objections to Debtor's
Emergency Motion Asserting: (I) No Perfected Lien on Debtor's Cash or
Accounts; and (II) Ability to Utilize Such Property of the Estate Per 11 U.S.C.
Section 363(C)(1) Filed by Trustee Daniel J. Sherman). Document uploaded on
1/12/2010 (Ref-ID: 1263303037483_48). (Urbanik, Raymond)
01/12/2010
213 Objection to (related document(s): 182 Motion for 2004 examination of
Manish Aggrawal. filed by Trustee Daniel J. Sherman, 183 Motion for 2004
examination of Munish Krishan. filed by Trustee Daniel J. Sherman, 184 Motion
for 2004 examination of Jill Johnson. filed by Trustee Daniel J. Sherman) filed by
Manila Industries, Inc., Netsphere, Inc.. (Hayward, Melissa)
01/13/2010
214 Order granting motion to file under seal settlement agreement with Liberty
Media Holdings, LLC (related document # 176
) Entered on 1/13/2010. (Wiker,
Joshua)
01/13/2010
215 Order granting motion to file under seal settlement agreement with the
Board of Regents, The University of Texas System (related document # 178
)
Entered on 1/13/2010. (Wiker, Joshua)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 60 of 200 PageID 64
USCA5 69
01/13/2010
216 Witness and Exhibit List Designation of Witnesses and Exhibits for
January 15, 2010 Hearing filed by Iguana Consulting, LLC, Novo Point, LLC,
Quantec, LLC, Trustee Daniel J. Sherman (RE: related document(s)196 Motion
for relief from stay to File Motion in District Court Litigation Fee amount $150,).
(Urbanik, Raymond)
01/13/2010
217 Order granting motion to file under seal or restrict access to the Trustee's
brief regarding objections to debtor's emergency motion (related document # 212)
Entered on 1/13/2010. (Wiker, Joshua)
01/13/2010
Proposed order regarding Compromise and Settlement with the Board of
Regents, the University of Texas System (RE: related document(s)177 Motion to
compromise controversy with The Board of Regents, The University of Texas
System. Filed by Trustee Daniel J. Sherman Objections due by 1/7/2010.
(Attachments: # 1 Exhibit# 2 Service List)). Document uploaded on 1/13/2010
(Ref-ID: 1263390135540_191). (Urbanik, Raymond)
01/13/2010
Proposed order regarding Compromise and Settlement with Liberty Media
Holdings, L.L.C. (RE: related document(s)175 Motion to compromise controversy
with Liberty Media Holdings, LLC. Filed by Trustee Daniel J. Sherman
Objections due by 1/7/2010. (Attachments: # 1 Exhibit# 2 Service List)).
Document uploaded on 1/13/2010 (Ref-ID: 1263390135540_192). (Urbanik,
Raymond)
01/13/2010
218 Affidavit by Daniel J. Sherman filed by Trustee Daniel J. Sherman (RE:
related document(s)196 Motion for relief from stay to File Motion in District
Court Litigation Fee amount $150,). (Attachments: 1 Exhibit 1) (Urbanik,
Raymond)
01/14/2010
219 Order granting Trustee's motion to compromise controversy with Liberty
Media Holdings, LLC (related document # 175) Entered on 1/14/2010. (Wiker,
Joshua)
01/14/2010
220 Order granting Trustee's motion to compromise controversy with The
Board of Regents, The University of Texas System (related document # 177)
Entered on 1/14/2010. (Wiker, Joshua)
01/14/2010
221 Witness and Exhibit List filed by Trustee Daniel J. Sherman (RE: related
document(s)10
Motion to use cash collateral Debtors Emergency Motion
Asserting: (i) No Perfected Lien on Debtors Cash or Accounts; and (ii) Ability to
Utilize Such Property of the Estate per 11 U.S.C. § 363(c)(1)). (Ong, Jay)
01/14/2010
222 Response opposed to (related document(s): 196 Motion for relief from stay
to File Motion in District Court Litigation Fee amount $150, filed by Trustee
Daniel J. Sherman, Creditor Quantec, LLC, Creditor Iguana Consulting, LLC,
Creditor Novo Point, LLC) filed by Manila Industries, Inc., Netsphere, Inc..
(Attachments: 1 Affidavit) (Hayward, Melissa)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 61 of 200 PageID 65
USCA5 70
01/14/2010
223 Witness and Exhibit List filed by Manila Industries, Inc., Netsphere, Inc.
(RE: related document(s)10 Motion to use cash collateral Debtors Emergency
Motion Asserting: (i) No Perfected Lien on Debtors Cash or Accounts; and (ii)
Ability to Utilize Such Property of the Estate per 11 U.S.C. § 363(c)(1)).
(Hayward, Melissa)
01/15/2010
224 Joinder by Novo Point, LLC, Iguana Consulting, LLC and Quantec, LLC in
Trustee's Motions for Examination of Manish Aggrawal, Munish Krishan, Jeffrey
Baron and Jill Johnson Pursuant to Bankruptcy Rule 2004 filed by Iguana
Consulting, LLC, Novo Point, LLC, Quantec, LLC (RE: related document(s)182
Motion for 2004 examination of Manish Aggrawal., 183
Motion for 2004
examination of Munish Krishan., 184
Motion for 2004 examination of Jill
Johnson., 185 Motion for 2004 examination of Jeffrey Baron.). (Taube, Eric)
01/15/2010
Proposed order regarding Relief from Automatic Stay (RE: related document
(s)196 Motion for relief from stay to File Motion in District Court Litigation Fee
amount $150, Filed by Iguana Consulting, LLC, Novo Point, LLC, Quantec, LLC,
Trustee Daniel J. Sherman Objections due by 1/19/2010.). Document uploaded on
1/15/2010 (Ref-ID: 1263562210048_171). (Ong, Jay)
01/15/2010
225 BNC certificate of mailing - PDF document. (RE: related document(s)214
Order granting motion to file under seal settlement agreement with Liberty Media
Holdings, LLC (related document # 176) Entered on 1/13/2010.) No. of Notices:
3. Service Date 01/15/2010. (Admin.)
01/15/2010
226 BNC certificate of mailing - PDF document. (RE: related document(s)215
Order granting motion to file under seal settlement agreement with the Board of
Regents, The University of Texas System (related document # 178) Entered on
1/13/2010.) No. of Notices: 4. Service Date 01/15/2010. (Admin.)
01/15/2010
227 BNC certificate of mailing - PDF document. (RE: related document(s)217
Order granting motion to file under seal or restrict access to the Trustee's brief
regarding objections to debtor's emergency motion (related document # 212
)
Entered on 1/13/2010.) No. of Notices: 4. Service Date 01/15/2010. (Admin.)
01/15/2010
Hearing held on 1/15/2010 (RE: related document(s)196 Motion for relief
from stay to File Motion in District Court Litigation filed by Iguana Consulting,
LLC, Novo Point, LLC, Quantec, LLC, Trustee Daniel J. Sherman )Appearances:
R. Urbanek for Trustee Sherman; Trustee Sherman; J. McPete and M. Hayward
for NetSphere/Manilla; C. Capua for Quantec Parties; S. Hutchison, and M. Grow
and A. Rosenberg (telephonically) for Grupo Andrea; R. Wolf for J. Rasansky and
C. Aldous; B. Perry for Simple; J. Hall for J. Barron; P. Vogel, Special Master in
District Court litigation. Evidentiary hearing (affidavits). Motion granted with
conditions as to any disposition of domain names. Mr. Urbanek to upload order.
(Davis, T.) (Entered: 01/19/2010)
228 BNC certificate of mailing - PDF document. (RE: related document(s)219
Order granting Trustee's motion to compromise controversy with Liberty Media
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 62 of 200 PageID 66
USCA5 71
01/16/2010
Holdings, LLC (related document # 175) Entered on 1/14/2010.) No. of Notices:
5. Service Date 01/16/2010. (Admin.) (Entered: 01/17/2010)
01/16/2010
229 BNC certificate of mailing - PDF document. (RE: related document(s)220
Order granting Trustee's motion to compromise controversy with The Board of
Regents, The University of Texas System (related document # 177
) Entered on
1/14/2010.) No. of Notices: 5. Service Date 01/16/2010. (Admin.) (Entered:
01/17/2010)
01/18/2010
230 Joinder by Novo Point, LLC, Iguana Consulting, LLC and Quantec, LLC in
DEBTORS EMERGENCY MOTION ASSERTING: (I) NO PERFECTED LIEN ON
DEBTORS CASH OR ACCOUNTS; AND (II) ABILITY TO UTILIZE SUCH
PROPERTY OF THE ESTATE PER 11 U.S.C. § 363(c)(1) filed by Iguana
Consulting, LLC, Novo Point, LLC, Quantec, LLC (RE: related document(s)10
Motion to use cash collateral Debtors Emergency Motion Asserting: (i) No
Perfected Lien on Debtors Cash or Accounts; and (ii) Ability to Utilize Such
Property of the Estate per 11 U.S.C. § 363(c)(1)). (Taube, Eric)
01/18/2010
231 Motion for relief from stay Fee amount $150, Filed by Attorney Friedman
& Feiger, L.L.P. Objections due by 2/8/2010. (Lurich, Ryan)
01/18/2010
Receipt of filing fee for Motion for relief from stay(09-34784-sgj11)
[motion,mrlfsty] ( 150.00). Receipt number 11279278, amount $ 150.00. (U.S.
Treasury)
01/18/2010
232 Notice of hearing filed by Attorney Friedman & Feiger, L.L.P. (RE: related
document(s)231 Motion for relief from stay Fee amount $150, Filed by Attorney
Friedman & Feiger, L.L.P. Objections due by 2/8/2010.). Preliminary hearing to
be held on 2/11/2010 at 01:30 PM at Dallas Judge Jernigan Ctrm. (Lurich, Ryan)
01/19/2010
233 Notice Statement of Locke Lord Bissell & Liddell LLP Pursuant to Rule
2019 of the Federal Rules of Bankruptcy Procedure filed by Attorney Locke Lord
Bissell & Liddell LLP. (Knapp, Bradley)
01/19/2010
234 Motion to disallow claims Filed by Creditor Jeffrey Baron (Attachments: 1
Exhibit A2 Service List3 Creditor Matrix) (Pronske, Gerrit)
01/19/2010
235 Notice of Alternative Proposed Order filed by Manila Industries, Inc.,
Netsphere, Inc. (RE: related document(s)196
Motion for relief from stay to File
Motion in District Court Litigation Fee amount $150, Filed by Iguana Consulting,
LLC, Novo Point, LLC, Quantec, LLC, Trustee Daniel J. Sherman Objections due
by 1/19/2010.). (Attachments: 1
Proposed Order -redline2 Proposed Order)
(Hayward, Melissa)
Proposed order regarding Alternative Proposed Order on Joint Motion for
Relief from Stay (RE: related document(s)196
Motion for relief from stay to File
Motion in District Court Litigation Fee amount $150, Filed by Iguana Consulting,
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 63 of 200 PageID 67
USCA5 72
01/19/2010
LLC, Novo Point, LLC, Quantec, LLC, Trustee Daniel J. Sherman Objections due
by 1/19/2010.). Document uploaded on 1/19/2010 (Ref-ID:
1263911852487_1088). (Hayward, Melissa)
01/19/2010
236 Notice Statement of Franklin Skierski Lovall Hayward LLP Pursuant to
Rule 2019 of the Federal Rules of Bankruptcy Procedure filed by Attorney
Franklin Skierski Lovall Hayward LLP. (Hayward, Melissa)
01/19/2010
Hearing held on 1/19/2010. (RE: related document(s)10 Motion to use cash
collateral Debtors Emergency Motion Asserting: (i) No Perfected Lien on Debtors
Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate per 11
U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited Company (Attachments: # 1
Service List)) Appearances: R. Urbanik for Trustee Sherman; Trustee Sherman; E.
Taube and C. Capua for Novo/Quantec parties; J. McPete and M. Hayward for
NetSphere/Manilla; J. Hall for J. Baron; J. Rasansky for himself and C. Aldous; A.
Degater and E. Schnabel (telephonically) for Verisign. Nonevidentiary hearing.
Court heard announcement that Rasansky/Aldous were withdrawing request for
adequate protection, while reserving all rights w/r/t their proof of claim. Court also
heard oral arguments of Trustee, Quantec, and Manilla/NetSphere and will take
matter under advisement and give a ruling on 1/26/10 at 9:30 am at setting already
scheduled for Rule 2004 Motions. (Harden, D.) (Entered: 01/20/2010)
01/19/2010
238 Bench ruling set (RE: related document(s)10 Motion to use cash collateral
Debtors Emergency Motion Asserting: (i) No Perfected Lien on Debtors Cash or
Accounts; and (ii) Ability to Utilize Such Property of the Estate per 11 U.S.C. §
363(c)(1) Filed by Debtor Ondova Limited Company (Attachments: # 1 Service
List)) Bench ruling to be held on 1/26/2010 at 09:30 AM Dallas Judge Jernigan
Ctrm for 10, (Harden, D.) (Entered: 01/20/2010)
237 Transcript regarding Hearing Held 01/15/2010 RE: MOTION FOR
RELIEF FROM STAY TO FILE MOTION IN DISTRICT COURT LITIGATION
FILED BY IGUANA CONSULTING, LLC, NOVO POINT, LLC, QUANTEC,
LLC (DOCKET 196). THIS TRANSCRIPT WILL BE MADE
ELECTRONICALLY AVAILABLE TO THE GENERAL PUBLIC 90 DAYS
AFTER THE DATE OF FILING. TRANSCRIPT RELEASE DATE IS
04/20/2010. Until that time the transcript may be viewed at the Clerk's Office or a
copy may be obtained from the official court transcriber. Court
Reporter/Transcriber Transcripts Plus, Inc., Telephone number 215-862-1115.
(RE: related document(s) Hearing held on 1/15/2010 (RE: related document(s)196
Motion for relief from stay to File Motion in District Court Litigation filed by
Iguana Consulting, LLC, Novo Point, LLC, Quantec, LLC, Trustee Daniel J.
Sherman )Appearances: R. Urbanek for Trustee Sherman; Trustee Sherman; J.
McPete and M. Hayward for NetSphere/Manilla; C. Capua for Quantec Parties; S.
Hutchison, and M. Grow and A. Rosenberg (telephonically) for Grupo Andrea; R.
Wolf for J. Rasansky and C. Aldous; B. Perry for Simple; J. Hall for J. Barron; P.
Vogel, Special Master in District Court litigation. Evidentiary hearing (affidavits).
Motion granted with conditions as to any disposition of domain names. Mr.
Urbanek to upload order.). Transcript to be made available to the public on
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 64 of 200 PageID 68
USCA5 73
01/20/2010 04/20/2010. (Hartmann, Karen)
01/20/2010
239 Order granting motion for relief from stay to file motion in district court
litigation by Iguana Consulting, LLC , Novo Point, LLC , Quantec, LLC (related
document # 196) Entered on 1/20/2010. (Moroles, D.)
01/20/2010
240 Statement of Pursuant to Rule 2019 filed by Creditor Payne and Blanchard,
LLP filed by Franklin H. Perry . (Moroles, D.)
01/22/2010
241 BNC certificate of mailing - PDF document. (RE: related document(s)239
Order granting motion for relief from stay to file motion in district court litigation
by Iguana Consulting, LLC , Novo Point, LLC , Quantec, LLC (related document
# 196) Entered on 1/20/2010.) No. of Notices: 1. Service Date 01/22/2010.
(Admin.) (Entered: 01/25/2010)
01/25/2010
242 Objection to (related document(s): 182 Motion for 2004 examination of
Manish Aggrawal. filed by Trustee Daniel J. Sherman, 183 Motion for 2004
examination of Munish Krishan. filed by Trustee Daniel J. Sherman, 184 Motion
for 2004 examination of Jill Johnson. filed by Trustee Daniel J. Sherman)--
Objection to Joinders filed by Baron and Cook Island Entities filed by Manila
Industries, Inc., Netsphere, Inc.. (Hayward, Melissa)
01/26/2010
Hearing held on 1/26/2010. (RE: related document(s)185 Motion for 2004
examination of Jeffrey Baron. Filed by Trustee Daniel J. Sherman) Appearances:
R. Urbanik for Trustee; Trustee Sherman; R. Wolf for Rasansky and Aldous; V.
Driver for J. Baron; E. Taub for Quantec parties; M. Wayward and J. McPete for
Manila/NetSphere . Nonevidentiary hearing. Motion granted. Mr. Urbanik to
upload order. (Harden, D.) (Entered: 01/28/2010)
01/26/2010
Hearing held on 1/26/2010. (RE: related document(s)182 Motion for 2004
examination of Manish Aggrawal. Filed by Trustee Daniel J. Sherman)
Appearances: R. Urbanik for Trustee; Trustee Sherman; R. Wolf for Rasansky and
Aldous; V. Driver for J. Baron; E. Taub for Quantec parties; M. Wayward and J.
McPete for Manila/NetSphere . Nonevidentiary hearing. Motion granted. Mr.
Urbanik to upload order. (Harden, D.) (Entered: 01/28/2010)
01/26/2010
Hearing held on 1/26/2010. (RE: related document(s)184 Motion for 2004
examination of Jill Johnson. Filed by Trustee Daniel J. Sherman) Appearances: R.
Urbanik for Trustee; Trustee Sherman; R. Wolf for Rasansky and Aldous; V.
Driver for J. Baron; E. Taub for Quantec parties; M. Wayward and J. McPete for
Manila/NetSphere . Nonevidentiary hearing. Motion granted. Mr. Urbanik to
upload order. (Harden, D.) (Entered: 01/28/2010)
Hearing held on 1/26/2010. (RE: related document(s)183 Motion for 2004
examination of Munish Krishan. Filed by Trustee Daniel J. Sherman)
Appearances: R. Urbanik for Trustee; Trustee Sherman; R. Wolf for Rasansky and
Aldous; V. Driver for J. Baron; E. Taub for Quantec parties; M. Wayward and J.
McPete for Manila/NetSphere . Nonevidentiary hearing. Motion granted. Mr.
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 65 of 200 PageID 69
USCA5 74
01/26/2010 Urbanik to upload order. (Harden, D.) (Entered: 01/28/2010)
01/26/2010
244 Bench ruling reset (RE: related document(s)10 Motion to use cash
collateral Debtors Emergency Motion Asserting: (i) No Perfected Lien on Debtors
Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate per 11
U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited Company) Bench ruling to be
given on 2/1/2010 at 11:00 AM Dallas Judge Jernigan Ctrm for 10, (Harden, D.)
(Entered: 01/28/2010)
01/27/2010
243 Joinder by filed by Manila Industries, Inc., Netsphere, Inc. (RE: related
document(s)185 Motion for 2004 examination of Jeffrey Baron.). (Hayward,
Melissa)
01/28/2010
245 Application to employ Lain Faulkner & Co., P.C. as Accountant Filed by
Trustee Daniel J. Sherman (Attachments: 1 Exhibit A2 Proposed Order) (Ong,
Jay)
01/28/2010
Proposed order regarding Trustee's Motion for Examination of Jeffrey Baron
Pursuant to Bankruptcy Rule 2004 (RE: related document(s)185 Motion for 2004
examination of Jeffrey Baron. Filed by Trustee Daniel J. Sherman). Document
uploaded on 1/28/2010 (Ref-ID: 1264687486003_104). (Urbanik, Raymond)
01/28/2010
Proposed order regarding Trustee's Motion for Examination of Manish
Aggrawal Pursuant to Bankruptcy Rule 2004 (RE: related document(s)182 Motion
for 2004 examination of Manish Aggrawal. Filed by Trustee Daniel J. Sherman).
Document uploaded on 1/28/2010 (Ref-ID: 1264687486003_181). (Urbanik,
Raymond)
01/28/2010
Proposed order regarding Trustee's Motion for Examination of Munish
Krishan Pursuant to Bankruptcy Rule 2004 (RE: related document(s)183 Motion
for 2004 examination of Munish Krishan. Filed by Trustee Daniel J. Sherman).
Document uploaded on 1/28/2010 (Ref-ID: 1264687486003_182). (Urbanik,
Raymond)
01/28/2010
Proposed order regarding Trustee's Motion for Examination of Jill Johnson
Pursuant to Bankruptcy Rule 2004 (RE: related document(s)184 Motion for 2004
examination of Jill Johnson. Filed by Trustee Daniel J. Sherman). Document
uploaded on 1/28/2010 (Ref-ID: 1264687486003_195). (Urbanik, Raymond)
02/01/2010
246 Notice of Appearance and Request for Notice by Mark Edward Andrews
filed by Interested Party Grupo Andrea, S.A. de C.V.. (Andrews, Mark)
02/01/2010
247 Notice of Withdrawal of Motion to Lift Stay filed by Attorney Friedman &
Feiger, L.L.P. (RE: related document(s)231
Motion for relief from stay Fee
amount $150, Filed by Attorney Friedman & Feiger, L.L.P. Objections due by
2/8/2010.). (Lurich, Ryan)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 66 of 200 PageID 70
USCA5 75
02/01/2010
248 Order granting motion for 2004 examination of Jeffrey Baron (related doc
# 185) Entered on 2/1/2010. (Moroles, D.)
02/01/2010
249 Order granting motion for 2004 examination of Manish Aggrawal (related
doc # 182
) Entered on 2/1/2010. (Moroles, D.)
02/01/2010
250 Order granting motion for 2004 examination of Munish Krishan (related
doc # 183) Entered on 2/1/2010. (Moroles, D.)
02/01/2010
251 Order granting motion for 2004 examination of Jill Johnson (related doc #
184) Entered on 2/1/2010. (Moroles, D.)
02/01/2010
(private) Proposed order regarding Agreed order approving joinder to Trustee's
motion for 2004 examination of Jeff Baron (RE: related document(s) 243 Joinder
by filed by Manila Industries, Inc., Netsphere, Inc. (RE: related document(s) 185
Motion for 2004 examination of Jeffrey Baron.). Document uploaded on 2/1/2010
(Ref-ID: 1265029857573_205). (Rielly, Bill)
02/01/2010
256 Bench ruling reset (RE: related document(s)10 Motion to use cash
collateral Debtors Emergency Motion Asserting: (i) No Perfected Lien on Debtors
Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate per 11
U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited Company (Attachments: # 1
Service List)) Bench ruling to be held on 2/8/2010 at 11:00 AM Dallas Judge
Jernigan Ctrm for 10, (Harden, D.) (Entered: 02/05/2010)
02/02/2010
(private) Motions terminated per withdrawal 247. (RE: related document(s)231
Motion for relief from stay Fee amount $150, Filed by Attorney Friedman &
Feiger, L.L.P. Objections due by 2/8/2010.) (Bibbs, P.)
02/03/2010
252 Statement of Rasansky Law Firm and Aldous Law Firm Pursuant to Rule
2019 of the FRBP. filed by Interested Parties Aldous Law Firm , Rasansky Law
Firm . (Zisk, B)
02/03/2010
253 BNC certificate of mailing - PDF document. (RE: related document(s)248
Order granting motion for 2004 examination of Jeffrey Baron (related doc # 185)
Entered on 2/1/2010.) No. of Notices: 1. Service Date 02/03/2010. (Admin.)
(Entered: 02/04/2010)
02/03/2010
254 BNC certificate of mailing - PDF document. (RE: related document(s)249
Order granting motion for 2004 examination of Manish Aggrawal (related doc #
182) Entered on 2/1/2010.) No. of Notices: 1. Service Date 02/03/2010. (Admin.)
(Entered: 02/04/2010)
02/03/2010
255 BNC certificate of mailing - PDF document. (RE: related document(s)251
Order granting motion for 2004 examination of Jill Johnson (related doc # 184
)
Entered on 2/1/2010.) No. of Notices: 1. Service Date 02/03/2010. (Admin.)
(Entered: 02/04/2010)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 67 of 200 PageID 71
USCA5 76
02/08/2010
257 Agreed Order Approving Netsphere Parties' Joinder in Trustee's Motion for
Examination per order. Entered on 2/8/2010 (RE: related document(s)243 Joinder
by filed by Manila Industries, Inc., Netsphere, Inc. (RE: related document(s) 185
Motion for 2004 examination of Jeffrey Baron.). (Moroles, D.)
02/08/2010
Bench ruling held on 2/8/2010. (RE: related document(s)10 Motion to use
cash collateral Debtors Emergency Motion Asserting: (i) No Perfected Lien on
Debtors Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate
per 11 U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited Company)
Appearances: R. Urbanik for Trustee; M. Hayward and J. McPete for NetSphere;
C. Capua and E. Taub (telephonically) for Novo/Quantec parties; E. New, M.
Grow (telephonically) and A. Rosenberg (telephonically) for Grupo Andrea; E.
Schnabel for Verisign. Nonevidentiary hearing. Court announced bench ruling that
Netsphere is not entitled to adequate protection vis--vis the Trustees cash usage.
Mr. Urbanik to upload order. (Harden, D.) (Entered: 02/10/2010)
02/09/2010
258 Application to employ The Beckham Group as Special Counsel Filed by
Trustee Daniel J. Sherman (Attachments: 1 Exhibit A2 Exhibit B3 Proposed
Order) (Ong, Jay)
02/09/2010
259 Motion to compromise controversy with River Cruise Investments, Ltd..
Filed by Trustee Daniel J. Sherman Objections due by 3/1/2010. (Attachments: 1
Exhibit A2 Proposed Order) (Ong, Jay)
02/09/2010
260 Notice of hearing filed by Trustee Daniel J. Sherman (RE: related
document(s)258 Application to employ The Beckham Group as Special Counsel
Filed by Trustee Daniel J. Sherman (Attachments: # 1 Exhibit A# 2 Exhibit B# 3
Proposed Order)). Hearing to be held on 3/4/2010 at 09:30 AM Dallas Judge
Jernigan Ctrm for 258, (Ong, Jay)
02/10/2010
261 Debtor-in-possession monthly operating report for filing period 12/01/2009
to 12/31/2009 filed by Trustee Daniel J. Sherman. (Sherman, Daniel)
02/10/2010
Proposed order regarding Debtor's Emergency Motion Asserting No Perfected
Lien on Debtor's Cash or Accounts (RE: related document(s)10 Motion to use cash
collateral Debtors Emergency Motion Asserting: (i) No Perfected Lien on Debtors
Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate per 11
U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited Company (Attachments: # 1
Service List)). Document uploaded on 2/10/2010 (Ref-ID: 1265803054461_239).
(Urbanik, Raymond)
02/10/2010
Proposed order regarding Debtor's Emergency Motion Asserting No Perfected
Lien on Debtor's Cash or Accounts (RE: related document(s)10
Motion to use cash
collateral Debtors Emergency Motion Asserting: (i) No Perfected Lien on Debtors
Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate per 11
U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited Company (Attachments: # 1
Service List)). Document uploaded on 2/10/2010 (Ref-ID: 1265803054461_240).
(Urbanik, Raymond)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 68 of 200 PageID 72
USCA5 77
02/11/2010
262 BNC certificate of mailing - PDF document. (RE: related document(s)257
Agreed Order Approving Netsphere Parties' Joinder in Trustee's Motion for
Examination per order. Entered on 2/8/2010 (RE: related document(s)243 Joinder
by filed by Manila Industries, Inc., Netsphere, Inc. (RE: related document(s) 185
Motion for 2004 examination of Jeffrey Baron.).) No. of Notices: 3. Service Date
02/11/2010. (Admin.)
02/11/2010
Hearing held on 2/11/2010. (RE: related document(s)231 Motion for relief
from stay Filed by Attorney Friedman & Feiger, L.L.P.) Motion withdrawn.
(Harden, D.) (Entered: 02/16/2010)
02/16/2010
263 Response opposed to (related document(s): 234 Motion to disallow claims
filed by Creditor Jeffrey Baron) filed by Creditor Reyna Hinds & Crandall.
(Crandall, Jeanne)
02/16/2010
264 Order that no party holds any interest entitled to adequate protection with
respect to assets of the estate Re: Debtors Emergency Motion Asserting: (i) No
Perfected Lien on Debtors Cash or Accounts; and (ii) Ability to Utilize Such
Property of the Estate per 11 U.S.C. § 363(c)(1)(related document # 10) Entered
on 2/16/2010. (Moroles, D.)
02/17/2010
265 Objection and Response and Brief in Opposition (related document(s): 234
Motion to disallow certain scheduled claims filed by Creditor Jeffrey Baron) filed
by Interested Parties Charla G. Aldous , Aldous Law Firm . (Zisk, B)
02/18/2010
266 Response opposed to (related document(s): 234 Motion to disallow claims
filed by Creditor Jeffrey Baron) filed by Trustee Daniel J. Sherman. (Attachments:
1 Exhibit A) (Pannier, Lee)
02/18/2010
267 Objection to (related document(s): 234 Motion to disallow claims filed by
Creditor Jeffrey Baron) filed by Denis Kleinfeld , Marshden, LLC , HCB, LLC ,
Realty Investment Management, LLC . (Brown, D.)
02/18/2010
268 BNC certificate of mailing - PDF document. (RE: related document(s)264
Order that no party holds any interest entitled to adequate protection with respect
to assets of the estate Re: Debtors Emergency Motion Asserting: (i) No Perfected
Lien on Debtors Cash or Accounts; and (ii) Ability to Utilize Such Property of the
Estate per 11 U.S.C. § 363(c)(1)(related document # 10) Entered on 2/16/2010.)
No. of Notices: 2. Service Date 02/18/2010. (Admin.) (Entered: 02/19/2010)
02/22/2010
269 Objection to claim(s) 11 of Creditor(s) Rasansky Law Firm and Aldous
Law Firm. Filed by Creditor Jeffrey Baron. (Attachments: 1
Exhibit A2 Exhibit
B3 Service List)(Pronske, Gerrit)
02/22/2010
270 Objection to claim(s) 2 of Creditor(s) Randal C. Shaffer d/b/a The Law
Office of Randal C. Shaffer. Filed by Creditor Jeffrey Baron. (Attachments: 1
Service List)(Pronske, Gerrit)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 69 of 200 PageID 73
USCA5 78
02/22/2010
271 Objection to claim(s) 10 of Creditor(s) Grupo Andrea S.A. de C.V.. Filed
by Creditor Jeffrey Baron. (Attachments: 1 Exhibit A2 Exhibit B-13 Exhibit B-24
Exhibit B-35 Service List)(Pronske, Gerrit)
03/02/2010
272 Motion for 2004 examination of Diamond Key, LLC. Filed by Manila
Industries, Inc., Netsphere, Inc. (Attachments: 1 Exhibit A2 Service List)
(Hayward, Melissa)
03/02/2010
273 Motion for 2004 examination of Manassas LLC. Filed by Manila
Industries, Inc., Netsphere, Inc. (Attachments: 1 Exhibit A2 Service List)
(Hayward, Melissa)
03/02/2010
274 Motion for 2004 examination of Ron Sheridan. Filed by Manila Industries,
Inc., Netsphere, Inc. (Attachments: 1 Exhibit A2 Service List) (Hayward, Melissa)
03/02/2010
275 Motion for 2004 examination of Adrian Taylor. Filed by Manila Industries,
Inc., Netsphere, Inc. (Attachments: 1 Exhibit A2 Service List) (Hayward, Melissa)
03/02/2010
276 Notice of hearing filed by Manila Industries, Inc., Netsphere, Inc. (RE:
related document(s)272 Motion for 2004 examination of Diamond Key, LLC.
Filed by Manila Industries, Inc., Netsphere, Inc. (Attachments: 1 Exhibit A# 2
Service List), 273 Motion for 2004 examination of Manassas LLC. Filed by
Manila Industries, Inc., Netsphere, Inc. (Attachments: 1 Exhibit A# 2 Service
List), 274 Motion for 2004 examination of Ron Sheridan. Filed by Manila
Industries, Inc., Netsphere, Inc. (Attachments: 1 Exhibit A# 2 Service List), 275
Motion for 2004 examination of Adrian Taylor. Filed by Manila Industries, Inc.,
Netsphere, Inc. (Attachments: 1 Exhibit A# 2 Service List)). Hearing to be held on
4/7/2010 at 09:30 AM Dallas Judge Jernigan Ctrm for 273 and for 274 and for 272
and for 275, (Attachments: 1 Service List) (Hayward, Melissa)
03/03/2010
277 Notice of hearing filed by Trustee Daniel J. Sherman (RE: related
document(s)245
Application to employ Lain Faulkner & Co., P.C. as Accountant
Filed by Trustee Daniel J. Sherman (Attachments: # 1 Exhibit A# 2 Proposed
Order)). Hearing to be held on 4/7/2010 at 09:30 AM Dallas Judge Jernigan Ctrm
for 245
, (Ong, Jay)
03/03/2010
278 Objection to (related document(s): 259 Motion to compromise controversy
with River Cruise Investments, Ltd.. filed by Trustee Daniel J. Sherman) filed by
Creditor Jeffrey Baron. (Attachments: 1 Exhibit A) (Pronske, Gerrit)
03/04/2010
Hearing held on 3/4/2010. (RE: related document(s)258 Application to employ
The Beckham Group as Special Counsel Filed by Trustee Daniel J. Sherman)
Appearances: R. Urbanik for Trustee Sherman; G. Pronske for J. Barron; J.
McPete for NetSphere; J. for the Beckham Group. Evidentiary hearing.
Application granted. Mr. Urbanik to upload order. (Harden, D.) (Entered:
03/08/2010)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 70 of 200 PageID 74
USCA5 79
03/05/2010
279 Opposition Objection to claim(s) 2 of Creditor(s) Randal Shaffer. ( Filed by
Creditor Randal Shaffer. RE: 270 Objection to claim(s) 2 of Creditor(s) Randal C.
Shaffer d/b/a The Law Office of Randal C. Shaffer. Filed by Creditor Jeffrey
Baron. (Attachments: # 1 Service List)(Pronske, Gerrit) (Hendricks, Charles)
Modified linkage on 3/9/2010 (Kerr, S.).
03/08/2010
(private) Reopen document to link amended order (RE: related document(s)185
Motion for 2004 examination of Jeffrey Baron. Filed by Trustee Daniel J.
Sherman) (Ecker, C.)
03/08/2010
Proposed order regarding 2004 Exam Amended Order Approving Trustee's
Motion for Examination of Jeffrey Baron Pursuant to Bankruptcy Rule 2004 (RE:
related document(s)185 Motion for 2004 examination of Jeffrey Baron. Filed by
Trustee Daniel J. Sherman). Document uploaded on 3/8/2010 (Ref-ID:
1268055224906_147). (Urbanik, Raymond)
03/09/2010
280 Amended Order granting motion for 2004 examination of Jeffrey Baron per
order (related doc # 185) Entered on 3/9/2010. (Moroles, D.)
03/10/2010
Proposed order regarding Employment of the Beckham Group as Special
Counsel to the Trustee, Nunc Pro Tunc (RE: related document(s)258 Application
to employ The Beckham Group as Special Counsel Filed by Trustee Daniel J.
Sherman (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Proposed Order)).
Document uploaded on 3/10/2010 (Ref-ID: 1268229165946_64). (Urbanik,
Raymond)
03/10/2010
Proposed order regarding approval of compromise and settlement with River
Cruise Investment, Ltd. (RE: related document(s)259 Motion to compromise
controversy with River Cruise Investments, Ltd.. Filed by Trustee Daniel J.
Sherman Objections due by 3/1/2010. (Attachments: # 1 Exhibit A# 2 Proposed
Order)). Document uploaded on 3/10/2010 (Ref-ID: 1268229165946_67).
(Urbanik, Raymond)
03/11/2010
281 BNC certificate of mailing - PDF document. (RE: related document(s)280
Amended Order granting motion for 2004 examination of Jeffrey Baron per order
(related doc # 185) Entered on 3/9/2010.) No. of Notices: 2. Service Date
03/11/2010. (Admin.)
03/12/2010
282 Response opposed to (related document(s): 271 Objection to claim filed by
Creditor Jeffrey Baron) filed by Interested Party Grupo Andrea, S.A. de C.V..
(Attachments: 1 SERVICE LIST) (Andrews, Mark)
03/18/2010
283 Order granting application to employ The Beckham Group as Special
Counsel to the Trustee, Nunc Pro Tunc effective as of September 17, 2009 (related
document # 258
). Entered on 3/18/2010. (Moroles, D.)
284 Order granting motion to compromise controversy with River Cruise
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 71 of 200 PageID 75
USCA5 80
03/18/2010
Investments, Ltd.. Filed by Trustee Daniel J. Sherman further conditions per order
(related document # 259) Entered on 3/18/2010. (Moroles, D.)
03/20/2010
285 BNC certificate of mailing - PDF document. (RE: related document(s)283
Order granting application to employ The Beckham Group as Special Counsel to
the Trustee, Nunc Pro Tunc effective as of September 17, 2009 (related document
# 258
). Entered on 3/18/2010.) No. of Notices: 3. Service Date 03/20/2010.
(Admin.)
03/20/2010
286 BNC certificate of mailing - PDF document. (RE: related document(s)284
Order granting motion to compromise controversy with River Cruise Investments,
Ltd.. Filed by Trustee Daniel J. Sherman further conditions per order (related
document # 259) Entered on 3/18/2010.) No. of Notices: 1. Service Date
03/20/2010. (Admin.)
03/22/2010
287 Court correspondence requesting an order from attorney for creditor. (RE:
related document(s)234 Motion to disallow claims Filed by Creditor Jeffrey Baron
(Attachments: # 1 Exhibit A# 2 Service List# 3 Creditor Matrix)) Responses due
by 4/21/2010. (Bibbs, P.)
03/22/2010
(private) Reopen document to upload an amended proposed order (RE: related
document(s)185 Motion for 2004 examination of Jeffrey Baron. Filed by Trustee
Daniel J. Sherman) (Tello, Chris)
03/22/2010
Proposed order regarding Rule 2004 Exam of Jeffrey Baron First Stipulation
and Agreement Regarding Amended Order Approving Trustee's Motion for
Examination of Jeffrey Baron Pursuant to Bankruptcy Rule 2004 (RE: related
document(s)185 Motion for 2004 examination of Jeffrey Baron. Filed by Trustee
Daniel J. Sherman). Document uploaded on 3/22/2010 (Ref-ID:
1269262503657_132). (Urbanik, Raymond)
03/23/2010
288 Order Granting First Stipulation and Agreement Regarding Amended
Order granting motion for 2004 examination (related doc # 185
Motion for 2004
examination of Jeffrey Baron). Entered on 3/23/2010. (Moroles, D.)
03/25/2010
289 Objection to (related document(s): 272 Motion for 2004 examination of
Diamond Key, LLC. filed by Creditor Manila Industries, Inc., Creditor Netsphere,
Inc., 273
Motion for 2004 examination of Manassas LLC. filed by Creditor Manila
Industries, Inc., Creditor Netsphere, Inc., 274
Motion for 2004 examination of Ron
Sheridan. filed by Creditor Manila Industries, Inc., Creditor Netsphere, Inc., 275
Motion for 2004 examination of Adrian Taylor. filed by Creditor Manila
Industries, Inc., Creditor Netsphere, Inc.)Motion for Rule 2004 Examinations of
Adrian Taylor, Ron Sheridan, Manassas LLC and Diamond Key LLC filed by
Novo Point, LLC, Quantec, LLC. (Taube, Eric)
290 BNC certificate of mailing - PDF document. (RE: related document(s)288
Order Granting First Stipulation and Agreement Regarding Amended Order
granting motion for 2004 examination (related doc # 185 Motion for 2004
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 72 of 200 PageID 76
USCA5 81
03/25/2010
examination of Jeffrey Baron). Entered on 3/23/2010.) No. of Notices: 2. Service
Date 03/25/2010. (Admin.)
03/31/2010
291 Notice of hearing filed by Creditor Jeffrey Baron (RE: related document(s)
234
Motion to disallow claims Filed by Creditor Jeffrey Baron (Attachments: 1
Exhibit A# 2 Service List# 3 Creditor Matrix)). Hearing to be held on 5/25/2010 at
09:30 AM Dallas Judge Jernigan Ctrm for 234, (Attachments: 1 Exhibit Service
List) (Stephenson, Christina)
03/31/2010
(private) Reopen document for purposes of linking a proposed order (RE:
related document(s)185 Motion for 2004 examination of Jeffrey Baron. Filed by
Trustee Daniel J. Sherman) (Tello, Chris)
03/31/2010
Proposed order regarding Rule 2004 Exam Second Stipulation and Agreement
Regarding Amended Order Approving Trustee's Motion for Examination of Jeffrey
Baron Pursuant to Bankruptcy Rule 2004 (RE: related document(s)185 Motion for
2004 examination of Jeffrey Baron. Filed by Trustee Daniel J. Sherman).
Document uploaded on 3/31/2010 (Ref-ID: 1269262503657_2264). (Urbanik,
Raymond)
03/31/2010
292 Second Stipulation and Agreement Regarding Amended Order granting
motion for 2004 examination of Jeffrey Baron, continued from March 25, 2010 to
April 7, 2010 (related doc # 185). Entered on 3/31/2010. (Moroles, D.)
04/05/2010
293 Debtor-in-possession monthly operating report for filing period 01/01/2010
to 01/31/2010 filed by Trustee Daniel J. Sherman. (Sherman, Daniel)
04/05/2010
294 Debtor-in-possession monthly operating report for filing period 02/01/2010
to 02/28/2010 filed by Trustee Daniel J. Sherman. (Sherman, Daniel)
04/06/2010
295 Reply to (related document(s): 289 Objection filed by Creditor Quantec,
LLC, Creditor Novo Point, LLC) filed by Manila Industries, Inc., Netsphere, Inc..
(Hayward, Melissa)
04/07/2010
Hearing held on 4/7/2010. (RE: related document(s)272 Motion for 2004
examination of Diamond Key, LLC. Filed by Manila Industries, Inc., Netsphere,
Inc.) Appearances: R. Urbanek for Trustee Sherman; M. Hayward and J. McPete
for Manilla/NetSpere; M. Taylor and C. Capua for Quantec/Novo Point; E. New
for Grupo Andrea. Nonevidentiary hearing. Motion granted, although examination
not to occur before 4/3/10 unless otherwise agreed among parties. Court ordered
that if there is no global settlement by 4/30/10, all Rule 2004 examinations that
have been ordered in the case shall occur between 4/30/10 and 5/15/10, at either
mutually agreed upon locations or as ordered by court (court to hold status
conference on 4/30/10 at 9:30 am to order location and parameters of Rule 2004
examinations, if a global settlement has not been reached by then, with possibility
of such examinations occurring on courthouse premises with U.S. Marshal
supervision). Counsel to upload orders. (Harden, D.) (Entered: 04/09/2010)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 73 of 200 PageID 77
USCA5 82
04/07/2010
Hearing held on 4/7/2010. (RE: related document(s)275 Motion for 2004
examination of Adrian Taylor. Filed by Manila Industries, Inc., Netsphere, Inc.)
Appearances: R. Urbanek for Trustee Sherman; M. Hayward and J. McPete for
Manilla/NetSpere; M. Taylor and C. Capua for Quantec/Novo Point; E. New for
Grupo Andrea. Nonevidentiary hearing. Motion granted, although examination not
to occur before 4/3/10 unless otherwise agreed among parties. Court ordered that if
there is no global settlement by 4/30/10, all Rule 2004 examinations that have
been ordered in the case shall occur between 4/30/10 and 5/15/10, at either
mutually agreed upon locations or as ordered by court (court to hold status
conference on 4/30/10 at 9:30 am to order location and parameters of Rule 2004
examinations, if a global settlement has not been reached by then, with possibility
of such examations occurring on courthouse premises with U.S. Marshal
supervision). Counsel to upload orders. (Harden, D.) (Entered: 04/09/2010)
04/07/2010
Hearing held on 4/7/2010. (RE: related document(s)273 Motion for 2004
examination of Manassas LLC. Filed by Manila Industries, Inc., Netsphere, Inc.)
Appearances: R. Urbanek for Trustee Sherman; M. Hayward and J. McPete for
Manilla/NetSpere; M. Taylor and C. Capua for Quantec/Novo Point; E. New for
Grupo Andrea. Nonevidentiary hearing. Motion granted, although examination not
to occur before 4/3/10 unless otherwise agreed among parties. Court ordered that if
there is no global settlement by 4/30/10, all Rule 2004 examinations that have
been ordered in the case shall occur between 4/30/10 and 5/15/10, at either
mutually agreed upon locations or as ordered by court (court to hold status
conference on 4/30/10 at 9:30 am to order location and parameters of Rule 2004
examinations, if a global settlement has not been reached by then, with possibility
of such examations occurring on courthouse premises with U.S. Marshal
supervision). Counsel to upload orders. (Harden, D.) (Entered: 04/09/2010)
04/07/2010
Hearing held on 4/7/2010. (RE: related document(s)274 Motion for 2004
examination of Ron Sheridan. Filed by Manila Industries, Inc., Netsphere, Inc.)
Appearances: R. Urbanek for Trustee Sherman; M. Hayward and J. McPete for
Manilla/NetSpere; M. Taylor and C. Capua for Quantec/Novo Point; E. New for
Grupo Andrea. Nonevidentiary hearing. Motion granted, although examination not
to occur before 4/3/10 unless otherwise agreed among parties. Court ordered that if
there is no global settlement by 4/30/10, all Rule 2004 examinations that have
been ordered in the case shall occur between 4/30/10 and 5/15/10, at either
mutually agreed upon locations or as ordered by court (court to hold status
conference on 4/30/10 at 9:30 am to order location and parameters of Rule 2004
examinations, if a global settlement has not been reached by then, with possibility
of such examations occurring on courthouse premises with U.S. Marshal
supervision). Counsel to upload orders. (Harden, D.) (Entered: 04/09/2010)
296 INCORRECT ENTRY: Status conference set (RE: related document(s)272
Motion for 2004 examination of Diamond Key, LLC. Filed by Manila Industries,
Inc., Netsphere, Inc., 273
Motion for 2004 examination of Manassas LLC. Filed
by Manila Industries, Inc., Netsphere, Inc., 274 Motion for 2004 examination of
Ron Sheridan Filed by Manila Industries, Inc., Netsphere, Inc., 275 Motion for
2004 examination of Adrian Taylor Filed by Manila Industries, Inc., Netsphere,
Inc.) Status Conference to be held on 4/7/2010 at 09:30 AM at Dallas Judge
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 74 of 200 PageID 78
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04/07/2010
Jernigan Ctrm. (Harden, D.) Modified on 4/9/2010 (Harden, D.). (Entered:
04/09/2010)
04/07/2010
297 Status conference set (RE: related document(s)272 Motion for 2004
examination of Diamond Key, LLC. Filed by Manila Industries, Inc., Netsphere,
Inc., 273
Motion for 2004 examination of Manassas LLC. Filed by Manila
Industries, Inc., Netsphere, Inc., 274 Motion for 2004 examination of Ron
Sheridan Filed by Manila Industries, Inc., Netsphere, Inc., 275 Motion for 2004
examination of Adrian Taylor Filed by Manila Industries, Inc., Netsphere, Inc.)
Status Conference to be held on 4/30/2010 at 09:30 AM. (Harden, D.) (Entered:
04/09/2010)
04/07/2010
Hearing held on 4/7/2010. (RE: related document(s)245 Application to employ
Lain Faulkner & Co., P.C. as Accountant Filed by Trustee Daniel J. Sherman)
Appearances: R. Urbanek for Trustee Sherman; M. Hayward and J. McPete for
Manilla/NetSpere; M. Taylor and C. Capua for Quantec/Novo Point; E. New for
Grupo Andrea. Nonevidentiary hearing. Motion granted. Counsel to upload order.
(Harden, D.) (Entered: 04/09/2010)
298 Transcript regarding Hearing Held 04/07/2010 RE: APPLICATION
TO EMPLOY LAIN FAULKNER & CO., P.C. (DOCKET 245). MOTION FOR
2004 EXAMINATIONS (DOCKETS 272, 273, 274, 275).. THIS TRANSCRIPT
WILL BE MADE ELECTRONICALLY AVAILABLE TO THE GENERAL
PUBLIC 90 DAYS AFTER THE DATE OF FILING. TRANSCRIPT RELEASE
DATE IS 07/14/2010. Until that time the transcript may be viewed at the Clerk's
Office or a copy may be obtained from the official court transcriber. Court
Reporter/Transcriber Transcripts Plus, Inc., Telephone number 215-862-1115.
(RE: related document(s) Hearing held on 4/7/2010. (RE: related document(s)272
Motion for 2004 examination of Diamond Key, LLC. Filed by Manila Industries,
Inc., Netsphere, Inc.) Appearances: R. Urbanek for Trustee Sherman; M. Hayward
and J. McPete for Manilla/NetSpere; M. Taylor and C. Capua for Quantec/Novo
Point; E. New for Grupo Andrea. Nonevidentiary hearing. Motion granted,
although examination not to occur before 4/3/10 unless otherwise agreed among
parties. Court ordered that if there is no global settlement by 4/30/10, all Rule
2004 examinations that have been ordered in the case shall occur between 4/30/10
and 5/15/10, at either mutually agreed upon locations or as ordered by court (court
to hold status conference on 4/30/10 at 9:30 am to order location and parameters
of Rule 2004 examinations, if a global settlement has not been reached by then,
with possibility of such examinations occurring on courthouse premises with U.S.
Marshal supervision). Counsel to upload orders., Hearing held on 4/7/2010. (RE:
related document(s)275
Motion for 2004 examination of Adrian Taylor. Filed by
Manila Industries, Inc., Netsphere, Inc.) Appearances: R. Urbanek for Trustee
Sherman; M. Hayward and J. McPete for Manilla/NetSpere; M. Taylor and C.
Capua for Quantec/Novo Point; E. New for Grupo Andrea. Nonevidentiary
hearing. Motion granted, although examination not to occur before 4/3/10 unless
otherwise agreed among parties. Court ordered that if there is no global settlement
by 4/30/10, all Rule 2004 examinations that have been ordered in the case shall
occur between 4/30/10 and 5/15/10, at either mutually agreed upon locations or as
ordered by court (court to hold status conference on 4/30/10 at 9:30 am to order
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 75 of 200 PageID 79
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04/15/2010
location and parameters of Rule 2004 examinations, if a global settlement has not
been reached by then, with possibility of such examations occurring on courthouse
premises with U.S. Marshal supervision). Counsel to upload orders., Hearing held
on 4/7/2010. (RE: related document(s)273 Motion for 2004 examination of
Manassas LLC. Filed by Manila Industries, Inc., Netsphere, Inc.) Appearances: R.
Urbanek for Trustee Sherman; M. Hayward and J. McPete for Manilla/NetSpere;
M. Taylor and C. Capua for Quantec/Novo Point; E. New for Grupo Andrea.
Nonevidentiary hearing. Motion granted, although examination not to occur before
4/3/10 unless otherwise agreed among parties. Court ordered that if there is no
global settlement by 4/30/10, all Rule 2004 examinations that have been ordered
in the case shall occur between 4/30/10 and 5/15/10, at either mutually agreed
upon locations or as ordered by court (court to hold status conference on 4/30/10
at 9:30 am to order location and parameters of Rule 2004 examinations, if a global
settlement has not been reached by then, with possibility of such examations
occurring on courthouse premises with U.S. Marshal supervision). Counsel to
upload orders., Hearing held on 4/7/2010. (RE: related document(s)274 Motion for
2004 examination of Ron Sheridan. Filed by Manila Industries, Inc., Netsphere,
Inc.) Appearances: R. Urbanek for Trustee Sherman; M. Hayward and J. McPete
for Manilla/NetSpere; M. Taylor and C. Capua for Quantec/Novo Point; E. New
for Grupo Andrea. Nonevidentiary hearing. Motion granted, although examination
not to occur before 4/3/10 unless otherwise agreed among parties. Court ordered
that if there is no global settlement by 4/30/10, all Rule 2004 examinations that
have been ordered in the case shall occur between 4/30/10 and 5/15/10, at either
mutually agreed upon locations or as ordered by court (court to hold status
conference on 4/30/10 at 9:30 am to order location and parameters of Rule 2004
examinations, if a global settlement has not been reached by then, with possibility
of such examations occurring on courthouse premises with U.S. Marshal
supervision). Counsel to upload orders., 297 Status conference set (RE: related
document(s)272 Motion for 2004 examination of Diamond Key, LLC. Filed by
Manila Industries, Inc., Netsphere, Inc., 273 Motion for 2004 examination of
Manassas LLC. Filed by Manila Industries, Inc., Netsphere, Inc., 274 Motion for
2004 examination of Ron Sheridan Filed by Manila Industries, Inc., Netsphere,
Inc., 275 Motion for 2004 examination of Adrian Taylor Filed by Manila
Industries, Inc., Netsphere, Inc.) Status Conference to be held on 4/30/2010 at
09:30 AM., Hearing held on 4/7/2010. (RE: related document(s)245
Application
to employ Lain Faulkner & Co., P.C. as Accountant Filed by Trustee Daniel J.
Sherman) Appearances: R. Urbanek for Trustee Sherman; M. Hayward and J.
McPete for Manilla/NetSpere; M. Taylor and C. Capua for Quantec/Novo Point;
E. New for Grupo Andrea. Nonevidentiary hearing. Motion granted. Counsel to
upload order.). Transcript to be made available to the public on 07/14/2010.
(Hartmann, Karen)
Proposed order regarding Rule 2004 Examinations Order: (1) Setting Status
Conference; and (2) Scheduling Rule 2004 Examinations (RE: related document
(s)272
Motion for 2004 examination of Diamond Key, LLC. Filed by Manila
Industries, Inc., Netsphere, Inc. (Attachments: # 1 Exhibit A# 2 Service List), 273
Motion for 2004 examination of Manassas LLC. Filed by Manila Industries, Inc.,
Netsphere, Inc. (Attachments: # 1 Exhibit A# 2 Service List), 274
Motion for 2004
examination of Ron Sheridan. Filed by Manila Industries, Inc., Netsphere, Inc.
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 76 of 200 PageID 80
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04/20/2010
(Attachments: # 1 Exhibit A# 2 Service List), 275 Motion for 2004 examination of
Adrian Taylor. Filed by Manila Industries, Inc., Netsphere, Inc. (Attachments: # 1
Exhibit A# 2 Service List)). Document uploaded on 4/20/2010 (Ref-ID:
1270472567583_3573). (Urbanik, Raymond)
04/21/2010
299 Order Setting Status Conference and Scheduling all Rule 2004
Examinations per conditions of order. Entered on 4/21/2010 (RE: related
document(s)272 Motion for examination filed by Creditor Manila Industries, Inc.,
Creditor Netsphere, Inc., 273 Motion for examination filed by Creditor Manila
Industries, Inc., Creditor Netsphere, Inc., 274 Motion for examination filed by
Creditor Manila Industries, Inc., Creditor Netsphere, Inc., 275
Motion for
examination filed by Creditor Manila Industries, Inc., Creditor Netsphere, Inc.).
Status Conference to be held on 4/30/2010 at 09:30 AM at Dallas Judge Jernigan
Ctrm. (Moroles, D.)
04/22/2010
Proposed order regarding Motion for 2004 examination of Diamond Key, LLC
(RE: related document(s)272 Motion for 2004 examination of Diamond Key,
LLC. Filed by Manila Industries, Inc., Netsphere, Inc. (Attachments: # 1 Exhibit
A# 2 Service List)). Document uploaded on 4/22/2010 (Ref-ID:
1271789481244_525). (Hayward, Melissa)
04/22/2010
Proposed order regarding Motion for 2004 Examination of Manassas, LLC
(RE: related document(s)273 Motion for 2004 examination of Manassas LLC.
Filed by Manila Industries, Inc., Netsphere, Inc. (Attachments: # 1 Exhibit A# 2
Service List)). Document uploaded on 4/22/2010 (Ref-ID: 1271789481244_527).
(Hayward, Melissa)
04/22/2010
Proposed order regarding Motion for 2004 Examination of Ron Sheridan (RE:
related document(s)274 Motion for 2004 examination of Ron Sheridan. Filed by
Manila Industries, Inc., Netsphere, Inc. (Attachments: # 1 Exhibit A# 2 Service
List)). Document uploaded on 4/22/2010 (Ref-ID: 1271789481244_528).
(Hayward, Melissa)
04/22/2010
Proposed order regarding Motion for 2004 Examination of Adrian Taylor (RE:
related document(s)275
Motion for 2004 examination of Adrian Taylor. Filed by
Manila Industries, Inc., Netsphere, Inc. (Attachments: # 1 Exhibit A# 2 Service
List)). Document uploaded on 4/22/2010 (Ref-ID: 1271789481244_530).
(Hayward, Melissa)
04/22/2010
300 Trustee's monthly operating report for filing period March 1, 2010 to
March 31, 2010 (Sherman, Daniel)
301 BNC certificate of mailing - PDF document. (RE: related document(s)299
Order Setting Status Conference and Scheduling all Rule 2004 Examinations per
conditions of order. Entered on 4/21/2010 (RE: related document(s)272
Motion
for examination filed by Creditor Manila Industries, Inc., Creditor Netsphere, Inc.,
273
Motion for examination filed by Creditor Manila Industries, Inc., Creditor
Netsphere, Inc., 274
Motion for examination filed by Creditor Manila Industries,
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 77 of 200 PageID 81
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04/24/2010
Inc., Creditor Netsphere, Inc., 275 Motion for examination filed by Creditor
Manila Industries, Inc., Creditor Netsphere, Inc.). Status Conference to be held on
4/30/2010 at 09:30 AM at Dallas Judge Jernigan Ctrm.) No. of Notices: 18.
Service Date 04/24/2010. (Admin.)
04/26/2010
302 Clerk's correspondence requesting an order from attorney for Trustee. (RE:
related document(s)245 Application to employ Lain Faulkner & Co., P.C. as
Accountant Filed by Trustee Daniel J. Sherman (Attachments: # 1 Exhibit A# 2
Proposed Order)) Responses due by 5/26/2010. Modified on 4/26/2010 (Bibbs,
P.).
04/27/2010
Proposed order regarding Trustee's Employment of Lain Faulkner & Co., P.C.
as Accountants and Financial Advisors for the Trustee, Nunc Pro Tunc (RE:
related document(s)245 Application to employ Lain Faulkner & Co., P.C. as
Accountant Filed by Trustee Daniel J. Sherman (Attachments: # 1 Exhibit A# 2
Proposed Order)). Document uploaded on 4/27/2010 (Ref-ID:
1272380023406_46). (Urbanik, Raymond)
04/27/2010
303 Application for compensation (First Interim Application) for Munsch Hardt
Kopf & Harr, P.C., Trustee's Attorney, Period: 9/28/2009 to 1/31/2010, Fee:
$301,067.50, Expenses: $7,095.48. Filed by Attorney Munsch Hardt Kopf & Harr,
P.C. Objections due by 5/18/2010. (Attachments: 1 Exhibit A2 Exhibit B3 Exhibit
C4 Exhibit D5 Exhibit E6 Exhibit F7 Service List) (Urbanik, Raymond)
04/27/2010
304 Notice of hearing filed by Attorney Munsch Hardt Kopf & Harr, P.C. (RE:
related document(s)303 Application for compensation (First Interim Application)
for Munsch Hardt Kopf & Harr, P.C., Trustee's Attorney, Period: 9/28/2009 to
1/31/2010, Fee: $301,067.50, Expenses: $7,095.48. Filed by Attorney Munsch
Hardt Kopf & Harr, P.C. Objections due by 5/18/2010. (Attachments: 1 Exhibit
A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Service
List)). Hearing to be held on 5/24/2010 at 01:30 PM Dallas Judge Jernigan Ctrm
for 303
, (Attachments: 1 Service List) (Urbanik, Raymond)
04/28/2010
305 Notice (Notice of Intent to Complete Rule 2004 Examination of Debtor Via
Jeffrey Baron) filed by Interested Party Grupo Andrea, S.A. de C.V..
(Attachments: 1 Exhibit A - September 15, 2009 Order2 Exhibit B - Deposition
Excerpts3
Exhibit C - April 21, 2010 Order) (Andrews, Mark)
04/29/2010
306 Emergency Motion to continue hearing on (related documents 297 Hearing
set/continued) Filed by Trustee Daniel J. Sherman (Pannier, Lee)
04/29/2010
Proposed order regarding Motion to Continue Status Conference (RE: related
document(s)306
Emergency Motion to continue hearing on (related documents
297 Hearing set/continued) Filed by Trustee Daniel J. Sherman). Document
uploaded on 4/29/2010 (Ref-ID: 1272558105254_166). (Pannier, Lee)
307 Order granting emergency motion to continue hearing on (related document
# 306
) (related documents 272 Motion for 2004 examination of Diamond Key,
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 78 of 200 PageID 82
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04/30/2010
LLC., 273 Motion for 2004 examination of Manassas LLC., 274 Motion for 2004
examination of Ron Sheridan., 275 Motion for 2004 examination of Adrian
Taylor.) Entered on 4/30/2010. Status Conference to be held on 5/5/2010 at 09:30
AM at Dallas Judge Jernigan Ctrm. (Wiker, Joshua) MODIFIED text to show
document numbers on 5/4/2010 (Wiker, Joshua).
05/02/2010
308 BNC certificate of mailing - PDF document. (RE: related document(s)307
Order granting emergency motion to continue hearing on (related document # 306)
(related documents Motion for 2004 examination of Diamond Key, LLC., Motion
for 2004 examination of Manassas LLC., Motion for 2004 examination of Ron
Sheridan., Motion for 2004 examination of Adrian Taylor.) Entered on 4/30/2010.
Status Conference to be held on 5/5/2010 at 09:30 AM at Dallas Judge Jernigan
Ctrm.) No. of Notices: 2. Service Date 05/02/2010. (Admin.)
05/03/2010
309 Order granting application to employ Lain Faulkner & Co., PC as
Accountants and Financial Advisors for the Trustee, Nunc Pro Tunc effective as of
9/17/2009. (related document # 245) Entered on 5/3/2010. (Moroles, D.)
05/03/2010
310 Motion for relief from stay Fee amount $150, Filed by Attorney Friedman
& Feiger, L.L.P. Objections due by 5/27/2010. (Lurich, Ryan)
05/03/2010
Receipt of filing fee for Motion for relief from stay(09-34784-sgj11)
[motion,mrlfsty] ( 150.00). Receipt number 11816941, amount $ 150.00. (U.S.
Treasury)
05/03/2010
311 Notice of hearing filed by Attorney Friedman & Feiger, L.L.P. (RE: related
document(s)310 Motion for relief from stay Fee amount $150, Filed by Attorney
Friedman & Feiger, L.L.P. Objections due by 5/27/2010.). Preliminary hearing to
be held on 5/27/2010 at 01:30 PM at Dallas Judge Jernigan Ctrm. (Lurich, Ryan)
05/05/2010
312 BNC certificate of mailing - PDF document. (RE: related document(s)309
Order granting application to employ Lain Faulkner & Co., PC as Accountants and
Financial Advisors for the Trustee, Nunc Pro Tunc effective as of 9/17/2009.
(related document # 245) Entered on 5/3/2010.) No. of Notices: 1. Service Date
05/05/2010. (Admin.) (Entered: 05/06/2010)
Status conference held on 5/5/2010. (RE: related document(s)307 Order
granting emergency motion to continue hearing on (related document # 306
)
Status Conference to be held on 5/5/2010 at 09:30 AM at Dallas Judge Jernigan
Ctrm.) Appearances: M. Hayward J. McPete for Manilla/NetSphere; R. Urbanik
for Trustee Sherman; Trustee Sherman; G. Pronske for J. Barron; C. Capua for
Quantec Novo parties; R. Wolf for Aldous/Rasansky; E. New for Grupo.
Nonevidentiary hearing. Court heard reports regarding lack of settlement and set a
deadline of 5/14/10 for settlement motion (and/or motion to convert) and would
set either one, if filed, for hearing on 5/20/10 at 2:00 pm. In all events there shall
be a status conference on 5/20/10 at 2:00 pm. Mr. Baron and Gary Lyons are
ordered to appear at the bankruptcy court hearings/status conference on 5/20/10 at
2:00 pm and, in the event of no settlement Mr. Baron shall be required to testify
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 79 of 200 PageID 83
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05/05/2010
before Bankruptcy Court on 5/20/10 at 2:00 pm. Additionally, in the event of no
settlement by 5/14/10, there shall be a parties-only (no attorneys for parties)
mediation before Magistrate Judge Paul Stickney beginning on 5/19/10 at 1:00 pm
and resuming the morning of 5/20/10 as appropriate. Mr. Urbanik to upload order.
(Harden, D.) (Entered: 05/10/2010)
05/05/2010
Hearing held on 5/5/2010. (RE: related document(s)272 Motion for 2004
examination of Diamond Key, LLC. Filed by Manila Industries, Inc., Netsphere,
Inc. (Attachments: # 1 Exhibit A# 2 Service List)) Appearances: M. Hayward J.
McPete for Manilla/NetSphere; R. Urbanik for Trustee Sherman; Trustee
Sherman; G. Pronske for J. Barron; C. Capua for Quantec Novo parties; R. Wolf
for Aldous/Rasansky; E. New for Grupo. Court conducted status conference and
this motion not taken up. Movant may request a resetting, as necessary, after May
20, 2010. (Harden, D.) (Entered: 05/10/2010)
05/05/2010
Hearing held on 5/5/2010. (RE: related document(s)273 Motion for 2004
examination of Manassas LLC. Filed by Manila Industries, Inc., Netsphere, Inc.
(Attachments: # 1 Exhibit A# 2 Service List)) Appearances: M. Hayward J.
McPete for Manilla/NetSphere; R. Urbanik for Trustee Sherman; Trustee
Sherman; G. Pronske for J. Barron; C. Capua for Quantec Novo parties; R. Wolf
for Aldous/Rasansky; E. New for Grupo. Court conducted status conference and
this motion not taken up. Movant may request a resetting, as necessary, after May
20, 2010. (Harden, D.) (Entered: 05/10/2010)
05/05/2010
Hearing held on 5/5/2010. (RE: related document(s)274 Motion for 2004
examination of Ron Sheridan. Filed by Manila Industries, Inc., Netsphere, Inc.
(Attachments: # 1 Exhibit A# 2 Service List)) Appearances: M. Hayward J.
McPete for Manilla/NetSphere; R. Urbanik for Trustee Sherman; Trustee
Sherman; G. Pronske for J. Barron; C. Capua for Quantec Novo parties; R. Wolf
for Aldous/Rasansky; E. New for Grupo. Court conducted status conference and
this motion not taken up. Movant may request a resetting, as necessary, after May
20, 2010. (Harden, D.) (Entered: 05/10/2010)
05/05/2010
Hearing held on 5/5/2010. (RE: related document(s)275 Motion for 2004
examination of Adrian Taylor. Filed by Manila Industries, Inc., Netsphere, Inc.
(Attachments: # 1 Exhibit A# 2 Service List)) Appearances: M. Hayward J.
McPete for Manilla/NetSphere; R. Urbanik for Trustee Sherman; Trustee
Sherman; G. Pronske for J. Barron; C. Capua for Quantec Novo parties; R. Wolf
for Aldous/Rasansky. Court conducted status conference and this motion not taken
up. Movant may request a resetting, as necessary, after May 20, 2010. (Harden,
D.) (Entered: 05/10/2010)
Proposed order regarding Scheduling Hearing and Other Matters (RE: related
document(s)272
Motion for 2004 examination of Diamond Key, LLC. Filed by
Manila Industries, Inc., Netsphere, Inc. (Attachments: # 1 Exhibit A# 2 Service
List), 273 Motion for 2004 examination of Manassas LLC. Filed by Manila
Industries, Inc., Netsphere, Inc. (Attachments: # 1 Exhibit A# 2 Service List), 274
Motion for 2004 examination of Ron Sheridan. Filed by Manila Industries, Inc.,
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 80 of 200 PageID 84
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05/07/2010
Netsphere, Inc. (Attachments: # 1 Exhibit A# 2 Service List), 275 Motion for 2004
examination of Adrian Taylor. Filed by Manila Industries, Inc., Netsphere, Inc.
(Attachments: # 1 Exhibit A# 2 Service List)). Document uploaded on 5/7/2010
(Ref-ID: 1272558105254_2123). (Urbanik, Raymond)
05/07/2010
313 Order setting status conference and other matters Entered on 5/7/2010
((RE: related document(s) 272 Motion for 2004 examination of Diamond Key,
LLC. Filed by Manila Industries, Inc., Netsphere, Inc. (Attachments: # 1 Exhibit
A# 2 Service List), 273 Motion for 2004 examination of Manassas LLC. Filed by
Manila Industries, Inc., Netsphere, Inc. (Attachments: # 1 Exhibit A# 2 Service
List), 274
Motion for 2004 examination of Ron Sheridan. Filed by Manila
Industries, Inc., Netsphere, Inc. (Attachments: # 1 Exhibit A# 2 Service List), 275
Motion for 2004 examination of Adrian Taylor. Filed by Manila Industries, Inc.,
Netsphere, Inc. (Attachments: # 1 Exhibit A# 2 Service List)). Status Conference
to be held on 5/20/2010 at 02:00 PM at Dallas Judge Jernigan Ctrm. In the event
the Conversion Motion is filed or, alternatively, no Settlement Motion is filed, by
May 14, 2010, this Court orders a mediation session, with principals only and no
attorneys, to be held on May 19, 2010 at 2:00 p.m. before United States Magistrate
Judge Paul D.Stickney. (Wiker, Joshua) Modified to add linkage on 5/14/2010
(Bibbs, P.).
05/09/2010
314 BNC certificate of mailing - PDF document. (RE: related document(s)313
Order setting status conference and other matters Entered on 5/7/2010 (RE: related
document(s)1 Voluntary petition (chapter 11) filed by Debtor Ondova Limited
Company). Status Conference to be held on 5/20/2010 at 02:00 PM at Dallas
Judge Jernigan Ctrm. In the event the Conversion Motion is filed or, alternatively,
no Settlement Motion is filed, by May 14, 2010, this Court orders a mediation
session, with principals only and no attorneys, to be held on May 19, 2010 at 2:00
p.m. before United States Magistrate Judge Paul D.Stickney.) No. of Notices: 4.
Service Date 05/09/2010. (Admin.)
05/12/2010
315 Notice of Appearance and Request for Notice by Gary G. Lyon filed by
Creditor Jeffrey Baron. (Lyon, Gary)
05/12/2010
316 Application for administrative expensesMotion of VeriSign, Inc. (I) For
Allowance and Payment of Administrative Claim; (II) To Compel Assumption or
Rejection of Executory Contract; or (III) In the Alternative, For Relief from the
Automatic Stay Filed by Creditor VeriSign, Inc. Objections due by 6/2/2010.
(Attachments: 1 Mailing Matrix) (Degeyter, Angela)
05/12/2010
499 Motion for relief from stay. Fee amount $150, Filed by Creditor VeriSign,
Inc. (Moroles, D.) Additional attachment(s) added on 11/1/2010 (Moroles, D.).
(Entered: 10/29/2010)
05/14/2010
317 Motion to convert case from chapter 11 to 7 . Fee Amount $15, in addition
to Motion for leave for authorization to operate business Filed by Trustee Daniel
J. Sherman Objections due by 5/20/2010. (Attachments: 1
Proposed Order) (Ong,
Jay)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 81 of 200 PageID 85
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05/17/2010
318 Notice of hearing filed by Trustee Daniel J. Sherman (RE: related
document(s)317 Motion to convert case from chapter 11 to 7 . Fee Amount $15, in
addition to Motion for leave for authorization to operate business Filed by Trustee
Daniel J. Sherman Objections due by 5/20/2010. (Attachments: 1 Proposed
Order)). Hearing to be held on 5/20/2010 at 02:00 PM Dallas Judge Jernigan Ctrm
for 317, (Attachments: 1 Service List) (Pannier, Lee)
05/17/2010
319 Certificate of service re: Notice of Hearing filed by Trustee Daniel J.
Sherman (RE: related document(s)318 Notice of hearing). (Attachments: 1 Service
List) (Pannier, Lee)
05/17/2010
320 Motion for expedited hearing(related documents 316 Application for
administrative expenses) Filed by Creditor VeriSign, Inc. (Attachments: 1
Proposed Order 2 Mailing Matrix) (Degeyter, Angela)
05/18/2010
Receipt of filing fee for Motion to convert case from chapter 11 to 7(09-34784-
sgj11) [motion,mcn11to7] ( 15.00). Receipt number 11888107, amount $ 15.00.
(U.S. Treasury)
05/18/2010
321 Witness and Exhibit List filed by Trustee Daniel J. Sherman (RE: related
document(s)317 Motion to convert case from chapter 11 to 7 . Fee Amount $15,
Motion for leave for authorization to operate business). (Pannier, Lee)
05/18/2010
Proposed order regarding Motion for Expedited Hearing (RE: related
document(s)320 Motion for expedited hearing(related documents 316 Application
for administrative expenses) Filed by Creditor VeriSign, Inc. (Attachments: # 1
Proposed Order # 2 Mailing Matrix)). Document uploaded on 5/18/2010 (Ref-ID:
1273497144978_1994). (Degeyter, Angela)
05/18/2010
322 Notice of hearing filed by Creditor VeriSign, Inc. (RE: related document(s)
Proposed order regarding Motion for Expedited Hearing (RE: related document(s)
320 Motion for expedited hearing(related documents 316 Application for
administrative expenses) Filed by Creditor VeriSign, Inc. (Attachments: 1
Proposed Order # 2 Mailing Matrix)). Document uploaded on 5/18/2010 (Ref-ID:
1273497144978_1994).). Hearing to be held on 5/20/2010 at 02:00 PM Dallas
Judge Jernigan Ctrm for [], (Attachments: 1 Mailing Matrix) (Degeyter, Angela)
05/18/2010
Proposed order regarding Hearing on Motion for Expedited Hearing
(amended) (RE: related document(s)320
Motion for expedited hearing(related
documents 316
Application for administrative expenses) Filed by Creditor
VeriSign, Inc. (Attachments: # 1 Proposed Order # 2 Mailing Matrix)). Document
uploaded on 5/18/2010 (Ref-ID: 1273497144978_2055). (Degeyter, Angela)
323 Amended Notice of hearing filed by Creditor VeriSign, Inc. (RE: related
document(s) Proposed order regarding Hearing on Motion for Expedited Hearing
(amended) (RE: related document(s)320 Motion for expedited hearing(related
documents 316
Application for administrative expenses) Filed by Creditor
VeriSign, Inc. (Attachments: 1
Proposed Order # 2 Mailing Matrix)). Document
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 82 of 200 PageID 86
USCA5 91
05/18/2010
uploaded on 5/18/2010 (Ref-ID: 1273497144978_2055).). Hearing to be held on
5/20/2010 at 02:00 PM Dallas Judge Jernigan Ctrm for [], (Attachments: 1
Mailing Matrix) (Degeyter, Angela)
05/18/2010
324 Notice of Withdrawal of Motion for Order Barring Certain Scheduled
Claims filed by Creditor Jeffrey Baron (RE: related document(s)234 Motion to
disallow claims Filed by Creditor Jeffrey Baron (Attachments: # 1 Exhibit A# 2
Service List# 3 Creditor Matrix)). (Pronske, Gerrit)
05/19/2010
(private) Motions terminated per 324 withdrawal. (RE: related document(s)234
Motion to disallow claims Filed by Creditor Jeffrey Baron (Attachments: # 1
Exhibit A# 2 Service List# 3 Creditor Matrix)) (Kucera, J.)
05/19/2010
325 Trustee's Response opposed to (related document(s): 316 Application for
administrative expensesMotion of VeriSign, Inc. (I) For Allowance and Payment
of Administrative Claim; (II) To Compel Assumption or Rejection of Executory
Contract; or (III) In the Alternative, For Relief from the Automatic Stay filed by
Creditor VeriSign, Inc.) filed by Trustee Daniel J. Sherman. (Urbanik, Raymond)
05/20/2010
326 Affidavit by Ryan K. Lurich filed by Attorney Friedman & Feiger, L.L.P.
(RE: related document(s)310 Motion for relief from stay Fee amount $150,).
(Lurich, Ryan)
05/20/2010
328 Hearing held on 5/20/2010.(RE: related document(s)317 Motion to convert
case from chapter 11 to 7 filed by Trustee Daniel J. Sherman.) Appearances: R.
Urbanik for Trustee D. Sherman; Trustee D. Sherman; J. McPete and M. Hayward
for Manilla and NetSphere; C. Capua for Novopoint, Quantec and Iguana enities;
G. Pronske for J. Baron; G. Lyons as associate counsel for J. Baron; E. New for
Grupo Andrea; P. Vogel, Special Master to the District Court; A. Deger and E.
Schnabel (telephonically) for Versign. Nonevidentiary hearing. Court heard
reports regarding global mediation. Court continued matter for 6/2/10 at 2:30 pm.
Mr. Urbanik to upload notice of continued hearing. Hearing to be held on 6/2/2010
at 02:30 PM Dallas Judge Jernigan Ctrm for 317
, (Womack, Jennifer) (Entered:
05/21/2010)
05/20/2010
Hearing held on 5/20/2010. (RE: related document(s)320 Motion for expedited
hearing re: 316
Application for administrative expenses filed by Creditor
VeriSign, Inc. ) Appearances: R. Urbanik for Trustee D. Sherman; Trustee D.
Sherman; J. McPete and M. Hayward for Manilla and NetSphere; C. Capua for
Novopoint, Quantec and Iguana enities; G. Pronske for J. Baron; G. Lyons as
associate counsel for J. Baron; E. New for Grupo Andrea; P. Vogel, Special
Master to the District Court; A. Deger and E. Schnabel (telephonically) for
Versign. Nonevidentiary hearing. Court heard reports regarding global mediation.
Court set matter for 6/2/10 at 2:30 pm. Mr. Urbanik to upload notice of hearing.
(Womack, Jennifer) (Entered: 05/21/2010)
329 Hearing set (RE: related document(s)316 Application for administrative
expenses filed by Creditor VeriSign, Inc. ) Hearing to be held on 6/2/2010 at 02:30
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 83 of 200 PageID 87
USCA5 92
05/20/2010
PM Dallas Judge Jernigan Ctrm for 316, (Womack, Jennifer) (Entered:
05/21/2010)
05/20/2010
342 FILED UNDER SEAL - (Pursuant to order EOD 6/3/2010 doc 338)
Transcript regarding Hearing Held 05/20/10 RE: Mediation. (RE: related
document(s)338
Hearing held on 5/20/2010.(RE: related document(s)317 Motion
to convert case from chapter 11 to 7 filed by Trustee Daniel J. Sherman.)
Appearances: R. Urbanik for Trustee D. Sherman; Trustee D. Sherman; J. McPete
and M. Hayward for Manilla and NetSphere; C. Capua for Novopoint, Quantec
and Iguana enities; G. Pronske for J. Baron; G. Lyons as associate counsel for J.
Baron; E. New for Grupo Andrea; P. Vogel, Special Master to the District Court;
A. Deger and E. Schnabel (telephonically) for Versign. Nonevidentiary hearing.
Court heard reports regarding global mediation. 317,) (Blanco, J.) (Entered:
06/03/2010)
05/21/2010
327 Order granting motion for expedited hearing (Related Doc# 320)(document
set for hearing: 316 Application for administrative expenses) Entered on
5/21/2010. Hearing to be held on 5/20/2010 at 02:00 PM Dallas Judge Jernigan
Ctrm for 316, (Moroles, D.)
05/21/2010
330 Notice of hearing filed by Trustee Daniel J. Sherman (RE: related
document(s)316 Application for administrative expensesMotion of VeriSign, Inc.
(I) For Allowance and Payment of Administrative Claim; (II) To Compel
Assumption or Rejection of Executory Contract; or (III) In the Alternative, For
Relief from the Automatic Stay Filed by Creditor VeriSign, Inc. Objections due by
6/2/2010. (Attachments: # 1 Mailing Matrix), 317 Motion to convert case from
chapter 11 to 7 . Fee Amount $15, in addition to Motion for leave for
authorization to operate business Filed by Trustee Daniel J. Sherman Objections
due by 5/20/2010. (Attachments: # 1 Proposed Order)). Hearing to be held on
6/2/2010 at 02:30 PM Dallas Judge Jernigan Ctrm for 317 and for 316, (Urbanik,
Raymond)
05/23/2010
331 BNC certificate of mailing - PDF document. (RE: related document(s)327
Order granting motion for expedited hearing (Related Doc# 320
)(document set for
hearing: 316
Application for administrative expenses) Entered on 5/21/2010.
Hearing to be held on 5/20/2010 at 02:00 PM Dallas Judge Jernigan Ctrm for
316,) No. of Notices: 1. Service Date 05/23/2010. (Admin.)
05/24/2010
Hearing held on 5/24/2010. (RE: related document(s)303 Application for
compensation (First Interim Application) for Munsch Hardt Kopf & Harr, P.C.,
Trustee's Attorney, Period: 9/28/2009 to 1/31/2010, Fee: $301,067.50, Expenses:
$7,095.48. Filed by Attorney Munsch Hardt Kopf & Harr, P.C. Objections due by
5/18/2010. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D#
5 Exhibit E# 6 Exhibit F# 7 Service List)) Appearances: R. Urbanik for Applicant.
Evidentiary hearing (proffer and fee statements only). Application approved.
Counsel to upload order. (Harden, D.) (Entered: 05/26/2010)
Proposed order regarding First Interim Fee Application (RE: related document
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 84 of 200 PageID 88
USCA5 93
05/26/2010
(s)303 Application for compensation (First Interim Application) for Munsch Hardt
Kopf & Harr, P.C., Trustee's Attorney, Period: 9/28/2009 to 1/31/2010, Fee:
$301,067.50, Expenses: $7,095.48. Filed by Attorney Munsch Hardt Kopf & Harr,
P.C. Objections due by 5/18/2010. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3
Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Service List)). Document
uploaded on 5/26/2010 (Ref-ID: 1274281147038_1594). (Urbanik, Raymond)
05/27/2010
332 Response opposed to (related document(s): 310 Motion for relief from stay
Fee amount $150, filed by Attorney Friedman & Feiger, L.L.P.) filed by Creditor
Jeffrey Baron. (Lyon, Gary)
05/27/2010
333 Amended Response opposed to (related document(s): 310 Motion for relief
from stay Fee amount $150, filed by Attorney Friedman & Feiger, L.L.P.) filed by
Creditor Jeffrey Baron. (Lyon, Gary)
05/27/2010
Proposed order regarding Lift Stay (RE: related document(s)310 Motion for
relief from stay Fee amount $150, Filed by Attorney Friedman & Feiger, L.L.P.
Objections due by 5/27/2010.). Document uploaded on 5/27/2010 (Ref-ID:
1274281147038_2020). (Lurich, Ryan)
05/27/2010
334 Order granting first interim application for compensation for Munsch Hardt
Kopf & Harr, P.C., Trustee's Attorney (related document # 303) granting for
Munsch Hardt Kopf & Harr, P.C., fees awarded: $301067.50, expenses awarded:
$7095.48. Entered on 5/27/2010. (Moroles, D.)
05/27/2010
Preliminary Hearing held on 5/27/2010. (RE: related document(s)310 Motion
for relief from stay filed by Attorney Friedman & Feiger, L.L.P. )Appearances: R
Lurich., G Lyon, L. Pennier; Court accepted announcement of agreed order lifting
stay for the sole purpose of allowing Freidman & Feiger in the District Court
litigation to assert the right to be paid attorneys fees from Jeff Baron. Nothing in
the order should be construed to be a finding as to the appropriateness of the fees.
(Davis, T.) (Entered: 05/28/2010)
05/29/2010
335 BNC certificate of mailing - PDF document. (RE: related document(s)334
Order granting first interim application for compensation for Munsch Hardt Kopf
& Harr, P.C., Trustee's Attorney (related document # 303) granting for Munsch
Hardt Kopf & Harr, P.C., fees awarded: $301067.50, expenses awarded: $7095.48.
Entered on 5/27/2010.) No. of Notices: 1. Service Date 05/29/2010. (Admin.)
06/01/2010
336 Order granting motion for relief from stay by Attorney Friedman & Feiger,
L.L.P. (related document # 310
) Entered on 6/1/2010. (Moroles, D.)
06/02/2010
(private) Proposed Sua Sponte Order Sealing Transcript From May 20, 2010
Mediation Document uploaded on 6/2/2010 (Ref-ID: 1274281147038_3431).
(Schultz, Laura)
339 Hearing held on 6/2/2010 (RE: related document(s)316 Application for
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 85 of 200 PageID 89
USCA5 94
06/02/2010
administrative expenses filed by Creditor VeriSign, Inc. ) Appearances: R.
Urbanek for Trustee Sherman; Trustee Sherman; E. Taub and C. Capua for Novo
and Quantec; G. Pronske for J. Baron; J. McPete and M. Hayward for Manilla and
NetSphere; A. Degeteyer and E. Scnabel for Verisign; P. Vogel, Special Master to
Judge Furgeson. Nonevidentiary hearing. Court heard various reports and
positions of parties. Matter continued to 6/3/10 at 10:30 am. Hearing to be held on
6/3/2010 at 10:30 AM Dallas Judge Jernigan Ctrm for 316, (Davis, T.) (Entered:
06/03/2010)
06/02/2010
340 Hearing held on 6/2/2010 (RE: related document(s)317 Motion to convert
case from chapter 11 to 7 filed by Trustee Daniel J. Sherman ) Appearances: R.
Urbanek for Trustee Sherman; Trustee Sherman; E. Taub and C. Capua for Novo
and Quantec; G. Pronske for J. Baron; J. McPete and M. Hayward for Manilla and
NetSphere; A. Degeteyer and E. Scnabel for Verisign; P. Vogel, Special Master to
Judge Furgeson. Nonevidentiary hearing. Court heard various reports and
positions of parties. Matter continued to 6/3/10 at 10:30 am. Hearing to be held on
6/3/2010 at 10:30 AM Dallas Judge Jernigan Ctrm for 317, (Davis, T.) (Entered:
06/03/2010)
06/03/2010
337 Sua sponte Order SEALING transcript from May 20, 2010 Mediation.
Entered on 6/3/2010. (see 338) (Blanco, J.) Modified TEXT ONLY to correct
spelling on 6/3/2010 (Blanco, J.).
06/03/2010
338 Sua Sponte Order SEALING TRANSCRIPT from May 20, 2010
MEDIATION held before United States Magistrate Judge Paul D.Stickney with
access to sealed transcript and related materials per conditions of order. Entered on
6/3/2010 (RE: related document(s)313 Order setting status conference ). (Moroles,
D.)
06/03/2010
(private) Proposed Order Continuing Hearing on Trustee's Motion to Convert
Case and Verisgn's Motion for Allowance and Payment of Administrative Claim,
With Conditions Pertaining to Settlement (RE: related document(s)316
Application for administrative expensesMotion of VeriSign, Inc. (I) For Allowance
and Payment of Administrative Claim; (II) To Compel Assumption or Rejection of
Executory Contract; or (III) In the Alternative, For Relief from the Automatic Stay
Filed by Creditor VeriSign, Inc. Objections due by 6/2/2010. (Attachments: # 1
Mailing Matrix), 317
Motion to convert case from chapter 11 to 7 . Fee Amount
$15, in addition to Motion for leave for authorization to operate business Filed by
Trustee Daniel J. Sherman Objections due by 5/20/2010. (Attachments: # 1
Proposed Order)). Document uploaded on 6/3/2010 (Ref-ID:
1274281147038_3919). (Schultz, Laura)
06/03/2010
341 Order Continuing Hearing. Entered on 6/3/2010 (RE: related document(s)
316
Application for administrative expenses filed by Creditor VeriSign, Inc., 317
Motion to convert case from chapter 11 to 7 filed by Trustee Daniel J. Sherman),
with conditions pertaining to a settlement. Hearing to be held on 6/22/2010 at
01:30 PM Dallas Judge Jernigan Ctrm for 317
and for 316, (Moroles, D.)
MODIFIED text to match pdf on 6/3/2010 (Moroles, D.).
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 86 of 200 PageID 90
USCA5 95
06/03/2010
Hearing held on 6/3/2010. (RE: related document(s)317 Motion to convert
case from chapter 11 to 7 . Fee Amount $15, in addition to Motion for leave for
authorization to operate business Filed by Trustee Daniel J. Sherman Objections
due by 5/20/2010. (Attachments: # 1 Proposed Order)) Appearance: R. Urbanek
for Trustee; Trustee Sherman; G. Pronske for J. Baron; J. MacPete for Manila and
NetSphere; C. Capua and E. Taube, telephonically, for Novo/Quantec; J. Rasansky
for Rasanky and Aldous; P. Vogel, Special Master to Judge Furgeson; E.
Schnabel, telephonically, for Verisign. Evidentiary hearing with regard to status of
global settlement of case issues. Hearing continued to 6/22/10 at 1:30 pm. Court
will issue detailed order detailing certain conditions to the continuance---most of
which conditions pertain to the global settlement. (Harden, D.) (Entered:
06/07/2010)
06/03/2010
Hearing held on 6/3/2010. (RE: related document(s)316 Application for
administrative expensesMotion of VeriSign, Inc. (I) For Allowance and Payment
of Administrative Claim; (II) To Compel Assumption or Rejection of Executory
Contract; or (III) In the Alternative, For Relief from the Automatic Stay Filed by
Creditor VeriSign, Inc. Objections due by 6/2/2010. (Attachments: # 1 Mailing
Matrix)) Appearance: R. Urbanek for Trustee; Trustee Sherman; G. Pronske for J.
Baron; J. MacPete for Manila and NetSphere; C. Capua and E. Taube,
telephonically, for Novo/Quantec; J. Rasansky for Rasanky and Aldous; P. Vogel,
Special Master to Judge Furgeson; E. Schnabel, telephonically, for Verisign.
Evidentiary hearing with regard to status of global settlement of case issues.
Hearing continued to 6/22/10 at 1:30 pm. Court will issue detailed order detailing
certain conditions to the continuance---most of which conditions pertain to the
global settlement. (Harden, D.) (Entered: 06/07/2010)
06/04/2010
343 BNC certificate of mailing - PDF document. (RE: related document(s)336
Order granting motion for relief from stay by Attorney Friedman & Feiger, L.L.P.
(related document # 310) Entered on 6/1/2010.) No. of Notices: 1. Service Date
06/04/2010. (Admin.) (Entered: 06/05/2010)
06/05/2010
344 BNC certificate of mailing - PDF document. (RE: related document(s)338
Sua Sponte Order SEALING TRANSCRIPT from May 20, 2010 MEDIATION
held before United States Magistrate Judge Paul D.Stickney with access to sealed
transcript and related materials per conditions of order. Entered on 6/3/2010 (RE:
related document(s)313 Order setting status conference ).) No. of Notices: 19.
Service Date 06/05/2010. (Admin.)
06/05/2010
345 BNC certificate of mailing - PDF document. (RE: related document(s)341
Order Continuing Hearing. Entered on 6/3/2010 (RE: related document(s)316
Application for administrative expenses filed by Creditor VeriSign, Inc., 317
Motion to convert case from chapter 11 to 7 filed by Trustee Daniel J. Sherman),
with conditions pertaining to a settlement. Hearing to be held on 6/22/2010 at
01:30 PM Dallas Judge Jernigan Ctrm for 317 and for 316, (Moroles, D.)
MODIFIED text to match pdf on 6/3/2010 (Moroles, D.).) No. of Notices: 19.
Service Date 06/05/2010. (Admin.)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 87 of 200 PageID 91
USCA5 96
06/09/2010
346 Debtor-in-possession monthly operating report for filing period 04/01/2010
to 04/30/2010 filed by Trustee Daniel J. Sherman. (Sherman, Daniel)
06/09/2010
347 Motion for leave --Agreed Expedited Motion to Substitute Party
Representative under Paragraph 4 of Courts Order Filed by Manila Industries,
Inc., Netsphere, Inc. (Attachments: 1
Proposed Order -Agreed) (Hayward,
Melissa)
06/09/2010
348 Motion for expedited hearing(related documents 347 Motion for leave)
Filed by Manila Industries, Inc., Netsphere, Inc. (Hayward, Melissa)
06/09/2010
Proposed order regarding Motion for Expedited Consideration (RE: related
document(s)348 Motion for expedited hearing(related documents 347 Motion for
leave) Filed by Manila Industries, Inc., Netsphere, Inc.). Document uploaded on
6/9/2010 (Ref-ID: 1274281147038_5434). (Hayward, Melissa)
06/09/2010
Proposed order regarding Agreed Order Authorizing Substitution of Party
Representative (RE: related document(s)347 Motion for leave --Agreed Expedited
Motion to Substitute Party Representative under Paragraph 4 of Courts Order
Filed by Manila Industries, Inc., Netsphere, Inc. (Attachments: # 1 Proposed Order
-Agreed)). Document uploaded on 6/9/2010 (Ref-ID: 1274281147038_5435).
(Hayward, Melissa)
06/10/2010
(private) Ravi Puri added to case on behalf of Manila Industries, Inc. and
Netsphere, Inc. co John W. MacPete, Attorney. (Moroles, D.)
06/10/2010
349 Agreed Order Granting Expedited Motion to Substitute Party
Representative for Manila Industries, Inc., Netsphere, Inc. (related document #
347. Ordered that Mr. Ravi Puri may attend the settlement conference instead of
Mr. Manish Aggrawal per order. Entered on 6/10/2010. (Moroles, D.)
06/12/2010
350 BNC certificate of mailing - PDF document. (RE: related document(s)349
Agreed Order Granting Expedited Motion to Substitute Party Representative for
Manila Industries, Inc., Netsphere, Inc.) No. of Notices: 4. Service Date
06/12/2010. (Admin.) (Entered: 06/13/2010)
06/14/2010
351 Motion to Reconsider(related documents 341 Order to set hearing) Motion
to Modify Order Filed by Trustee Daniel J. Sherman (Pannier, Lee)
06/14/2010
352 Motion for expedited hearing(related documents 351 Motion to
Reconsider) Filed by Trustee Daniel J. Sherman (Pannier, Lee)
(private) Proposed Order Denying Trustee's Motion to Modify Order [DE #
351] and Motion for Expedited Hearing [DE # 352] (RE: related document(s)351
Motion to Reconsider(related documents 341 Order to set hearing) Motion to
Modify Order Filed by Trustee Daniel J. Sherman, 352
Motion for expedited
hearing(related documents 351
Motion to Reconsider) Filed by Trustee Daniel J.
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 88 of 200 PageID 92
USCA5 97
06/16/2010
Sherman). Document uploaded on 6/16/2010 (Ref-ID: 1276399576587_733).
(Schultz, Laura)
06/16/2010
353 Response unopposed to (related document(s): 317 Motion to convert case
from chapter 11 to 7 . Fee Amount $15 filed by Trustee Daniel J. Sherman,
Motion for leave for authorization to operate business) filed by Creditor VeriSign,
Inc.. (Attachments: 1
Mailing Matrix) (Degeyter, Angela)
06/16/2010
354 Order Denying motion to modifiy order (related document # 351), Denying
motion for expedited hearing (Related Doc# 352). Entered on 6/16/2010.
(Moroles, D.)
06/17/2010
355 Clerk's correspondence requesting an order from attorney for creditor. (RE:
related document(s)272 Motion for 2004 examination of Diamond Key, LLC.
Filed by Manila Industries, Inc., Netsphere, Inc. (Attachments: # 1 Exhibit A# 2
Service List), 273 Motion for 2004 examination of Manassas LLC. Filed by
Manila Industries, Inc., Netsphere, Inc. (Attachments: # 1 Exhibit A# 2 Service
List), 274 Motion for 2004 examination of Ron Sheridan. Filed by Manila
Industries, Inc., Netsphere, Inc. (Attachments: # 1 Exhibit A# 2 Service List), 275
Motion for 2004 examination of Adrian Taylor. Filed by Manila Industries, Inc.,
Netsphere, Inc. (Attachments: # 1 Exhibit A# 2 Service List)) Responses due by
7/6/2010. (Bibbs, P.)
06/18/2010
356 Witness and Exhibit List filed by Trustee Daniel J. Sherman (RE: related
document(s)316 Application for administrative expensesMotion of VeriSign, Inc.
(I) For Allowance and Payment of Administrative Claim; (II) To Compel
Assumption or Rejection of Executory Contract; or (III) In the Alternative, For
Relief from the Automatic Stay, 317 Motion to convert case from chapter 11 to 7 .
Fee Amount $15, Motion for leave for authorization to operate business).
(Urbanik, Raymond)
06/19/2010
357 BNC certificate of mailing - PDF document. (RE: related document(s)354
Order Denying motion to modifiy order (related document # 351), Denying
motion for expedited hearing (Related Doc# 352
). Entered on 6/16/2010.) No. of
Notices: 3. Service Date 06/19/2010. (Admin.)
06/21/2010
358 Debtor-in-possession monthly operating report for filing period May 1,
2010 to May 31, 2010 filed by Trustee Daniel J. Sherman. (Sherman, Daniel)
06/21/2010
359 Witness and Exhibit List filed by Creditor VeriSign, Inc. (RE: related
document(s)316
Application for administrative expensesMotion of VeriSign, Inc.
(I) For Allowance and Payment of Administrative Claim; (II) To Compel
Assumption or Rejection of Executory Contract; or (III) In the Alternative, For
Relief from the Automatic Stay, 317
Motion to convert case from chapter 11 to 7 .
Fee Amount $15, Motion for leave for authorization to operate business).
(Degeyter, Angela)
360 Application for compensation Second Interim Application for Munsch
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 89 of 200 PageID 93
USCA5 98
06/21/2010
Hardt Kopf & Harr, P.C., Trustee's Attorney, Period: 2/1/2010 to 5/31/2010, Fee:
$369,904.50, Expenses: $6,530.66. Filed by Attorney Munsch Hardt Kopf & Harr,
P.C. Objections due by 7/12/2010. (Attachments: 1 Exhibit A2 Exhibit B3 Exhibit
C - F4 Service List) (Urbanik, Raymond)
06/21/2010
361 Notice of hearing filed by Attorney Munsch Hardt Kopf & Harr, P.C. (RE:
related document(s)360 Application for compensation Second Interim Application
for Munsch Hardt Kopf & Harr, P.C., Trustee's Attorney, Period: 2/1/2010 to
5/31/2010, Fee: $369,904.50, Expenses: $6,530.66. Filed by Attorney Munsch
Hardt Kopf & Harr, P.C. Objections due by 7/12/2010.). Hearing to be held on
7/26/2010 at 01:30 PM Dallas Judge Jernigan Ctrm for 360
, (Attachments: 1
Service List) (Urbanik, Raymond)
06/22/2010
362 Court admitted exhibits date of hearing 6/22/2010: Netsphere Exhibit 1 -
EXHIBIT FILED UNDER SEAL PER ORDER DOC. 408 ENTERED 8/13/2010.
(RE: related document(s)316 Application for administrative expensesMotion of
VeriSign, Inc. (I) For Allowance and Payment of Administrative Claim; (II) To
Compel Assumption or Rejection of Executory Contract; or (III) In the Alternative,
For Relief from the Automatic Stay Filed by Creditor VeriSign, Inc., 317 Motion
to convert case from chapter 11 to 7 . Fee Amount $15, in addition to Motion for
leave for authorization to operate business Filed by Trustee Daniel J. Sherman
Objections due by 5/20/2010.) Modified to correct text on 6/23/2010 (Harden, D.).
Modified on 7/9/2010 (Harden, D.). Modified text on 8/19/2010 (Harden, D.).
Additional attachment(s) added on 8/19/2010 (Harden, D.). (Entered: 06/23/2010)
06/22/2010
Hearing held on 6/22/2010. (RE: related document(s)317 Motion to convert
case from chapter 11 to 7 Filed by Trustee Daniel J. Sherman ) Appearances: R.
Urbanek and L. Pannier for Trustee Sherman; TrusteeD. Sherman; E. Taube and
C. Capua for Quantec and Novo Point, et al trusts; J. McPete and M. Hayward for
Manilla and NetSphere; G. Pronske and G. Lyons for J. Baron; A. Degeter and E.
Schnabel for Verisign; C. Aldous for Aldous and Rasansky. Evidentiary hearing.
Court heard announcements and confirmations of a global settlement in principle
(court accepted into evidence document signed by Manilla/NetSpere and
confirmed as acceptable by J. Baron and counsel and Manilla/NetSphere
representatives; court further accepted certain oral modifications of settlement
impacting J. Baron, trusts, and the Chapter 11 Trustee, which were orally
confirmed on record by relevant parties). Court will carry motion to convert in
light of imminent filing of Rule 9019 motion to approve compromise and
settlement. (Davis, T.) (Entered: 06/24/2010)
Hearing held on 6/22/2010. (RE: related document(s)316 Application for
administrative expenses filed by Creditor VeriSign, Inc. ) Appearances: R.
Urbanek and L. Pannier for Trustee Sherman; TrusteeD. Sherman; E. Taube and
C. Capua for Quantec and Novo Point, et al trusts; J. McPete and M. Hayward for
Manilla and NetSphere; G. Pronske and G. Lyons for J. Baron; A. Degeter and E.
Schnabel for Verisign; C. Aldous for Aldous and Rasansky. Nonevidentiary
hearing. Court orally orderedTrustee to pay to Verisign $100,000 on or before
Friday June 25, 2010, and the remainder of Verisigns approximately $325,000
current balance on July 2, 2010, assuming the Ondova estate receives on or before
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 90 of 200 PageID 94
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July 1, 2010 the approximately $135,000 due from registrant/trusts; all other
requests for relief of Verisign are continued and motion will be reset along with
hearing on the Rule 9019 motion to approve global settlement, which the Chapter
11 Trustee will soon file. Mr. Urbanek to upload order. (Davis, T.) (Entered:
06/24/2010)
06/22/2010
410 Transcript regarding hearing held 06/22/2010 (47 pgs.) THIS
TRANSCRIPT IS FILED UNDER SEAL PURSUANT TO ORDER ENTERED
ON 8/13/2010 AS DOC 408. A copy may be obtained from the official court
transcriber as permitted by the terms of the order. Court Reporter/Transcriber
Kathy Rehling, kathy.rehling@tx.rr.com, Telephone number 972-304-1998. (RE:
related document(s) Hearing held on 6/22/2010. (RE: related document(s)317
Motion to convert case from chapter 11 to 7 Filed by Trustee Daniel J. Sherman )
Appearances: R. Urbanek and L. Pannier for Trustee Sherman; TrusteeD.
Sherman; E. Taube and C. Capua for Quantec and Novo Point, et al trusts; J.
McPete and M. Hayward for Manilla and NetSphere; G. Pronske and G. Lyons for
J. Baron; A. Degeter and E. Schnabel for Verisign; C. Aldous for Aldous and
Rasansky. Evidentiary hearing. Court heard announcements and confirmations of a
global settlement in principle (court accepted into evidence document signed by
Manilla/NetSpere and confirmed as acceptable by J. Baron and counsel and
Manilla/NetSphere representatives; court further accepted certain oral
modifications of settlement impacting J. Baron, trusts, and the Chapter 11 Trustee,
which were orally confirmed on record by relevant parties). Court will carry
motion to convert in light of imminent filing of Rule 9019 motion to approve
compromise and settlement., Hearing held on 6/22/2010. (RE: related document(s)
316 Application for administrative expenses filed by Creditor VeriSign, Inc. )
Appearances: R. Urbanek and L. Pannier for Trustee Sherman; TrusteeD.
Sherman; E. Taube and C. Capua for Quantec and Novo Point, et al trusts; J.
McPete and M. Hayward for Manilla and NetSphere; G. Pronske and G. Lyons for
J. Baron; A. Degeter and E. Schnabel for Verisign; C. Aldous for Aldous and
Rasansky. Nonevidentiary hearing. Court orally orderedTrustee to pay to Verisign
$100,000 on or before Friday June 25, 2010, and the remainder of Verisigns
approximately $325,000 current balance on July 2, 2010, assuming the Ondova
estate receives on or before July 1, 2010 the approximately $135,000 due from
registrant/trusts; all other requests for relief of Verisign are continued and motion
will be reset along with hearing on the Rule 9019 motion to approve global
settlement, which the Chapter 11 Trustee will soon file. Mr. Urbanek to upload
order.) (Harden, D.) (Entered: 08/19/2010)
06/24/2010
363 Motion to file document under seal.specifically the transcript of the
hearing held on June 22, 2010 Filed by Creditor Jeffrey Baron (Lyon, Gary)
06/24/2010
364 Amended Motion to file document under seal.specifically the transcript of
the hearing held on June 22, 2010 Filed by Creditor Jeffrey Baron (Lyon, Gary)
06/24/2010
Proposed order regarding Verisign Motion (RE: related document(s)316
Application for administrative expensesMotion of VeriSign, Inc.). Document
uploaded on 6/24/2010 (Ref-ID: 1276399576587_2894). (Pannier, Lee)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 91 of 200 PageID 95
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06/24/2010
365 Interim Order pending final hearing. Entered on 6/24/2010 (RE: related
document(s)316 Motion of VeriSign, Inc. (I) For Allowance and Payment of
Administrative Claim; (II) To Compel Assumption or Rejection of Executory
Contract; or (III) In the Alternative, For Relief from the Automatic Stay Filed by
Creditor VeriSign, Inc ). (Moroles, D.)
06/27/2010
366 BNC certificate of mailing - PDF document. (RE: related document(s)365
Interim Order pending final hearing. Entered on 6/24/2010 (RE: related document
(s)316 Motion of VeriSign, Inc. (I) For Allowance and Payment of Administrative
Claim; (II) To Compel Assumption or Rejection of Executory Contract; or (III) In
the Alternative, For Relief from the Automatic Stay Filed by Creditor VeriSign,
Inc ).) No. of Notices: 1. Service Date 06/27/2010. (Admin.)
06/28/2010
Proposed order regarding Seal Transcript of Hearing Held on June 22, 2010
(RE: related document(s)364 Amended Motion to file document under
seal.specifically the transcript of the hearing held on June 22, 2010 Filed by
Creditor Jeffrey Baron). Document uploaded on 6/28/2010 (Ref-ID:
1277743824417_2). (Lyon, Gary)
06/28/2010
367 Objection to (related document(s): 364 Amended Motion to file document
under seal.specifically the transcript of the hearing held on June 22, 2010 filed by
Creditor Jeffrey Baron) filed by Creditor VeriSign, Inc.. (Attachments: 1 Exhibit
Mailing Matrix) (Degeyter, Angela)
06/28/2010
(private) Motion # 363 terminated by # 364. (RE: related document(s)363
Motion to file document under seal.specifically the transcript of the hearing held
on June 22, 2010 Filed by Creditor Jeffrey Baron). (Maldino, Mark)
07/02/2010
368 Motion to compromise controversy with Jeffrey Baron, et al. Trustee's
Motion for Approval of Settlement Agreement Pursuant to Rule 9019, Federal
Rules of Bankruptcy Procedure Filed by Trustee Daniel J. Sherman (Attachments:
1
Exhibit A) (Urbanik, Raymond)
07/02/2010
369 Motion for expedited hearing(related documents 368 Motion to
compromise controversy) Filed by Trustee Daniel J. Sherman (Urbanik, Raymond)
07/02/2010
Proposed order regarding Expedited Hearing (RE: related document(s)369
Motion for expedited hearing). Document uploaded on 7/2/2010 (Ref-ID:
1277745284764_2453). (Urbanik, Raymond)
07/02/2010
370 Order granting motion for expedited hearing (Related Doc# 369)(document
set for hearing: 368
Motion to compromise controversy) Entered on 7/2/2010.
Hearing to be held on 7/12/2010 at 09:30 AM Dallas Judge Jernigan Ctrm for 368,
(Sauer, K.)
371 Notice of hearing filed by Trustee Daniel J. Sherman (RE: related
document(s)368
Motion to compromise controversy with Jeffrey Baron, et al.
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07/02/2010
Trustee's Motion for Approval of Settlement Agreement Pursuant to Rule 9019,
Federal Rules of Bankruptcy Procedure Filed by Trustee Daniel J. Sherman).
Hearing to be held on 7/12/2010 at 09:30 AM Dallas Judge Jernigan Ctrm for 368,
(Urbanik, Raymond)
07/04/2010
372 BNC certificate of mailing - PDF document. (RE: related document(s)370
Order granting motion for expedited hearing (Related Doc# 369)(document set for
hearing: 368 Motion to compromise controversy) Entered on 7/2/2010. Hearing to
be held on 7/12/2010 at 09:30 AM Dallas Judge Jernigan Ctrm for 368,) No. of
Notices: 1. Service Date 07/04/2010. (Admin.)
07/06/2010
373 Transcript regarding Hearing Held 05/27/2010 (9 pgs.) RE: Motion for
Relief from Stay. THIS TRANSCRIPT WILL BE MADE ELECTRONICALLY
AVAILABLE TO THE GENERAL PUBLIC 90 DAYS AFTER THE DATE OF
FILING. TRANSCRIPT RELEASE DATE IS 10/4/2010. Until that time the
transcript may be viewed at the Clerk's Office or a copy may be obtained from the
official court transcriber. Court Reporter/Transcriber Kathy Rehling,
kathy.rehling@tx.rr.com, Telephone number 972-304-1998. (RE: related
document(s) Preliminary Hearing held on 5/27/2010.). Transcript to be made
available to the public on 10/4/2010. (Rehling, Kathy)
07/07/2010
374 (private) Form order to be routed to judge for signature (RE: related
document(s)272 Motion for 2004 examination of Diamond Key, LLC. Filed by
Manila Industries, Inc., Netsphere, Inc. (Attachments: # 1 Exhibit A# 2 Service
List). (Bibbs, P.) Modified on 7/7/2010 (Bibbs, P.).
07/07/2010
375 (private) Form order to be routed to judge for signature (RE: related
document(s)273 Motion for 2004 examination of Manassas LLC. Filed by Manila
Industries, Inc., Netsphere, Inc. (Attachments: # 1 Exhibit A# 2 Service List))
(Bibbs, P.)
07/07/2010
376 (private) Form order to be routed to judge for signature (RE: related
document(s)274
Motion for 2004 examination of Ron Sheridan. Filed by Manila
Industries, Inc., Netsphere, Inc. (Attachments: # 1 Exhibit A# 2 Service List))
(Bibbs, P.)
07/07/2010
377 (private) Form order to be routed to judge for signature (RE: related
document(s)275
Motion for 2004 examination of Adrian Taylor. Filed by Manila
Industries, Inc., Netsphere, Inc. (Attachments: # 1 Exhibit A# 2 Service List))
(Bibbs, P.)
07/08/2010
378 Witness and Exhibit List filed by Trustee Daniel J. Sherman (RE: related
document(s)368 Motion to compromise controversy with Jeffrey Baron, et al.
Trustee's Motion for Approval of Settlement Agreement Pursuant to Rule 9019,
Federal Rules of Bankruptcy Procedure). (Pannier, Lee)
379 Witness and Exhibit List filed by Novo Point, LLC, Quantec, LLC (RE:
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 93 of 200 PageID 97
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07/08/2010
related document(s)368 Motion to compromise controversy with Jeffrey Baron, et
al. Trustee's Motion for Approval of Settlement Agreement Pursuant to Rule 9019,
Federal Rules of Bankruptcy Procedure). (Taube, Eric)
07/08/2010
Proposed order regarding Agreed Order on Motion to Seal Transcript (RE:
related document(s)364 Amended Motion to file document under seal.specifically
the transcript of the hearing held on June 22, 2010 Filed by Creditor Jeffrey
Baron). Document uploaded on 7/8/2010 (Ref-ID: 1278423205778_1059). (Lyon,
Gary)
07/09/2010
(private) Proposed Sua Sponte Order Temporarily Sealing Transcript from June
22, 2010 Hearing, Pending Heaing on Motion to Seal, But Allowing Access to
Certain Parties-In-Interest Prior to Hearing (RE: related document(s)364 Amended
Motion to file document under seal.specifically the transcript of the hearing held
on June 22, 2010 Filed by Creditor Jeffrey Baron). Document uploaded on
7/9/2010 (Ref-ID: 1278423205778_1339). (Schultz, Laura)
07/09/2010
380 Sua Sponte Order Temporarily Granting Motion to SEAL Transcript from
June 22, 2010 Hearing, Pending Hearing on Motion to Seal, But Allowing Access
to Certain Parties-In-Interest Prior to Hearing and further conditions per order
(related document # 364) Entered on 7/9/2010. (Moroles, D.)
07/09/2010
381 Notice of hearing filed by Creditor VeriSign, Inc. (RE: related document(s)
Proposed order regarding Verisign Motion ). Hearing to be held on 7/26/2010 at
01:30 PM Dallas Judge Jernigan Ctrm for 316 Application for administrative
expensesMotion of VeriSign, Inc. (I) For Allowance and Payment of
Administrative Claim; (II) To Compel Assumption or Rejection of Executory
Contract; or (III) In the Alternative, For Relief from the Automatic Stay Filed by
Creditor VeriSign, Inc. (Attachments: 1 Mailing Matrix) (Degeyter, Angela)
Modified to add linkage on 7/21/2010 (Bibbs, P.).
07/11/2010
382 BNC certificate of mailing - PDF document. (RE: related document(s)380
Sua Sponte Order Temporarily Granting Motion to SEAL Transcript from June
22, 2010 Hearing, Pending Hearing on Motion to Seal, But Allowing Access to
Certain Parties-In-Interest Prior to Hearing and further conditions per order(related
document # 364
) Entered on 7/9/2010.) No. of Notices: 1. Service Date
07/11/2010. (Admin.)
07/12/2010
383 Objection to (related document(s): 368 Motion to compromise controversy
with Jeffrey Baron, et al. Trustee's Motion for Approval of Settlement Agreement
Pursuant to Rule 9019, Federal Rules of Bankruptcy Procedure filed by Trustee
Daniel J. Sherman) filed by Creditor Jeffrey Baron. (Pronske, Gerrit)
384 Court admitted exhibits date of hearing 7/12/2010: Trustee Exhibits 1 and
2. Quantec Exhibits Q-1 and Q-2. (RE: related document(s)368 Motion to
compromise controversy with Jeffrey Baron, et al. Trustee's Motion for Approval
of Settlement Agreement Pursuant to Rule 9019, Federal Rules of Bankruptcy
Procedure Filed by Trustee Daniel J. Sherman) (Harden, D.) (Entered:
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 94 of 200 PageID 98
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07/12/2010 07/13/2010)
07/12/2010
Hearing held on 7/12/2010. (RE: related document(s)368 Motion to
compromise controversy with Jeffrey Baron, et al. Trustee's Motion for Approval
of Settlement Agreement Pursuant to Rule 9019, Federal Rules of Bankruptcy
Procedure Filed by Trustee Daniel J. Sherman (Attachments: # 1 Exhibit A))
Appearances: R. Urbanik and L. Pannier for Trustee D. Sherman; Trustee D.
Sherman; J. MacPete and M. Hayward for Manilla and NetSphere; M. Taylor and
C. Capua for Quantec, Novopoint, et al.; G. Pronske (and later G. Lyons) for J.
Baron; R. Wolfe for Rasansky and Aldous; later P. Vogel, Special Master to Judge
Furgeson. Evidentiary hearing. After hearing extensive testimony, Court continued
hearing to 7/14/10 at 1:30 pm and required parties to draft agreeable language
during the continuance regarding the following issues that were unresolved at the
start of the hearing and were announced resolved by the end of hearing: (1)
agreement regarding Resignation of Trustee and Protector on the Village Trust and
appointment of a Successor Trustee and Protector (Sucessor Trustee and Protector
will be designted by Jeff Baron within 14 days, if possible, and Village Trust
Trustee and Protector agree not to resign, if necessary, for 60 more days, with the
proviso that there will be a $1,000 per diem fee paid from Village Trust to Shurig
for administrative, business, operational, and tax work for the Village Trust for
each day the current Trustee and Protector stay on after July 31, 2010); (2)
agreement that June and July 2010 attorneys fees for attorneys for Village Trust
Trustee (Taube firm; West & Assocs; Hitchcock Everett; and Shurig firm) will be
capped at $175,000; (3) Trustee of Village Trust will arrange an agreement with a
privacy servicer (with Baron to provide servicer-names) for domain names as
described on the record---which domain names will not include the 10,000-12,000
domain names that may have trademark issues affecting them; (4) paragraph 6(c)
of Settlement Agreement will be revised to reflect agreement announced on the
record with regard to Chapter 11 estates lien on monetizations from Blue Horizon
namest. Court also required an Affidavit of Manoj Krishan by 7/14/10 hearing.
(Harden, D.) (Entered: 07/15/2010)
07/14/2010
385 Court admitted exhibits date of hearing 7/14/2010: Barron Exhibits 1 and 2.
Manilla Exhibit 1 (RE: related document(s)368 Motion to compromise
controversy with Jeffrey Baron, et al. Trustee's Motion for Approval of Settlement
Agreement Pursuant to Rule 9019, Federal Rules of Bankruptcy Procedure Filed
by Trustee Daniel J. Sherman (Attachments: # 1 Exhibit A)) (Harden, D.)
(Entered: 07/15/2010)
Hearing held on 7/14/2010. (RE: related document(s)368 Motion to
compromise controversy with Jeffrey Baron, et al. Trustee's Motion for Approval
of Settlement Agreement Pursuant to Rule 9019, Federal Rules of Bankruptcy
Procedure Filed by Trustee Daniel J. Sherman (Attachments: # 1 Exhibit A))
Appearances: R. Urbanik and L. Pannier for Chapter 11 Trustee; D. Sherman,
Chapter 11 Trustee; G. Pronske and G. Lyons for J. Baron; E. Taub and C. Capua
for Novopoint and Quantec; J. McPete for Manilla/NetSphere. Evidentiary
hearing. Court approved settlement, subject to 6 specified issues being drafted up
in a manner described on the record. Parties may need follow up court time with
regard to finalization of these 6 issues (the most likely of which might be
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 95 of 200 PageID 99
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appropriate pricing going forward on Ondova registration services), but all other
issues finally resolved. Mr. Urbanik to upload order. (Harden, D.) (Entered:
07/16/2010)
07/15/2010 (private) Deadlines terminated. (Davis, T.)
07/15/2010
386 Notice of hearing filed by Creditor Jeffrey Baron (RE: related document(s)
364 Amended Motion to Seal transcript of the hearing held on 6/22/2010, ).
Hearing to be held on 8/3/2010 at 09:30 AM Dallas Judge Jernigan Ctrm for 364 ,
(Lyon, Gary) Modified Text to correct linkage on 7/16/2010 (Simpson, B).
07/20/2010
387 Notice of hearing Notice of Status Conference filed by Trustee Daniel J.
Sherman (RE: related document(s)368 Motion to compromise controversy with
Jeffrey Baron, et al. Trustee's Motion for Approval of Settlement Agreement
Pursuant to Rule 9019, Federal Rules of Bankruptcy Procedure Filed by Trustee
Daniel J. Sherman). Status Conference to be held on 7/22/2010 at 02:30 PM at
Dallas Judge Jernigan Ctrm. (Attachments: 1 Service List) (Urbanik, Raymond)
07/21/2010
388 Motion to Extend time to file claims (Trustee's Motion to Extend Bar Date
for Creditors Who Did Not Receive Notice of Bankruptcy Filing) Filed by Trustee
Daniel J. Sherman (Attachments: 1 Exhibit A2 Exhibit B3 Exhibit C4 Exhibit D)
(Urbanik, Raymond)
07/21/2010
Proposed order regarding motion to extend time to file claims (RE: related
document(s)388 Motion to Extend time to file claims). Document uploaded on
7/21/2010 (Ref-ID: 1279495512738_851). (Urbanik, Raymond)
Hearing held on 7/22/2010. (RE: related document(s)368 Motion to
compromise controversy with Jeffrey Baron, et al. Trustee's Motion for Approval
of Settlement Agreement Pursuant to Rule 9019, Federal Rules of Bankruptcy
Procedure Filed by Trustee Daniel J. Sherman.) (APPEARANCES: R. Urbanik
and L. Pannier for Chapter 11 Trustee; D. Sherman, Chapter 11 Trustee; J.
MacPete for Manila and Netsphere; C. Capua and M. Taylor (telephonically) for
Novo Point and Quantec; P. Vogel, Special Master. Arriving late and appearing
were: G. Pronske and G. Lyons, both for J. Baron, who was announced to be at
Plano Presbyterian Hospital ER. Discussion of status of documenting the six
remaining issues that were pending as of the conclusion of 7/14/10 hearing. Four
out of six issues were announced as being resolved and documented. This left two
remaining issues pertaining to Belton Trust and Domain Name Renewal
Agreement. Jeff Barons lawyers, after various questioning, represented that they
believed the issues pertaining to these two issues were resolved to Jeff Barons
satisfaction (the most material terms being that: (a) Jeff Baron will now sign the
settlement agreement as Trustee of the Belton Trust and make certain
representations therein about beneficiaries and assets), and (b) the bankruptcy
court will decide the pricing under the Domain Name Renewal Agreement at an
evidentiary hearing to be set, upon the filing of a motion by the Chapter 11
Trustee). The court ultimately issued a bench ruling requiring, among other things,
that the Chapter 11 Trustee upload an order approving the settlement agreement
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 96 of 200 PageID 100
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07/22/2010
(that incorporates these terms as to the Belton Trust and pricing under the Domain
Name Renewal Agreement), and also that Jeff Baron sign and file with the court
two affidavitsone of which is to disclose to the court under oath his medical crisis
and hospital visit that prevented him from attending the 7/22/10 status conference
(with documentation attachedsuch as hospital records showing time in-and-out and
doctor note) and the other of which should contain certain representations and
agreements as to the Belton Trust Issue. Mr. Urbanik to upload order. Mr. Lyons
to prepare medical affidavit and obtain signature and file. Mr. MacPete to draft
Belton Trust affidavit.) (Womack, Jennifer) MODIFIED TEXT on 7/30/2010
(Brown, D.). (Entered: 07/28/2010)
07/23/2010
(private) Proposed Sua Sponte Order Requiring Sealing of Affidavit to be Filed
by Jeff Barron. Document uploaded on 7/23/2010 (Ref-ID:
1279495512738_1478). (Saucier, Anna)
07/23/2010
389 Sua Sponte Order Requiring SEALING of Affidavit to be Filed by Jeff
Barron by July 27, 2010, but Allowing Assess to Certain Parties-in-Interest per
order. Entered on 7/23/2010. (Moroles, D.)
07/23/2010
390 Debtor-in-possession monthly operating report for filing period June 1,
2010 to June 30, 2010 filed by Trustee Daniel J. Sherman. (Sherman, Daniel)
07/25/2010
391 BNC certificate of mailing - PDF document. (RE: related document(s)389
Sua Sponte Order Requiring SEALING of Affidavit to be Filed by Jeff Barron by
July 27, 2010, but Allowing Assess to Certain Parties-in-Interest per order.
Entered on 7/23/2010.) No. of Notices: 4. Service Date 07/25/2010. (Admin.)
07/26/2010
Hearing held on 7/26/2010. (RE: related document(s)360 Application for
compensation Second Interim Application for Munsch Hardt Kopf & Harr, P.C.,
Trustee's Attorney, Period: 2/1/2010 to 5/31/2010, Fee: $369,904.50, Expenses:
$6,530.66. Filed by Attorney Munsch Hardt Kopf & Harr, P.C.) Appearances: R.
Urbanik for Trustee; G. Schnabel and A. Degeyter for Verisign. Evidentiary
hearing (proffer and fee statements). Application approved as presented. Counsel
to upload order. (Womack, Jennifer) (Entered: 07/28/2010)
07/26/2010
Hearing held on 7/26/2010. (RE: related document(s)316 Application for
administrative expenses (I) For Allowance and Payment of Administrative Claim;
(II) To Compel Assumption or Rejection of Executory Contract; or (III) In the
Alternative, For Relief from the Automatic Stay filed by Creditor VeriSign, Inc.)
Appearances: R. Urbanik for Trustee; G. Schnabel and A. Degeyter for Verisign.
Nonevidentiary hearing. Application approved in part. Trustee shall pay Verisign
$50,000 by 8/5/10 and remainder of June invoice to them by 8/31/10 or else stay
will lift to allow Verisign to give notice of termination. Application will be set for
yet another hearing in early September to further address remaining issues.
Counsel to upload order reflecting ruling and contact courtroom deputy regarding
September setting. (Womack, Jennifer) (Entered: 07/28/2010)
Proposed order regarding Settlement Motion (RE: related document(s)368
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 97 of 200 PageID 101
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07/27/2010
Motion to compromise controversy with Jeffrey Baron, et al. Trustee's Motion for
Approval of Settlement Agreement Pursuant to Rule 9019, Federal Rules of
Bankruptcy Procedure Filed by Trustee Daniel J. Sherman). Document uploaded
on 7/27/2010 (Ref-ID: 1279495512738_2526). (Pannier, Lee)
07/27/2010
392 Affidavit by Jeffrey Baron filed by Creditor Jeffrey Baron (RE: related
document(s)Proposed Order (No Document Attached to Email)). (Lyon, Gary)
07/27/2010
393 Affidavit by Jeffrey Baron UNDER SEAL filed by Creditor Jeffrey Baron
(RE: related document(s)389 Order (generic)). (Lyon, Gary)
07/27/2010
Proposed order regarding Motion for Allowance and Payment of
Administrative Expense Claim (RE: related document(s)316 Application for
administrative expensesMotion of VeriSign, Inc.). Document uploaded on
7/27/2010 (Ref-ID: 1279495512738_2590). (Degeyter, Angela)
07/28/2010
394 Order granting motion to compromise controversy per order (related
document # 368 Trustee's Motion for Approval of Settlement Agreement ).
Entered on 7/28/2010. (Moroles, D.)
07/28/2010
395 Order Granting 388 Trustee's Motion to Extend Bar Date for Creditors
Who Did Not Receive Notice of Bankruptcy Filing. Deadline extended to no later
than 8/2/2010. Entered on 7/28/2010. (Moroles, D.)
07/29/2010
Proposed order regarding Fee Application (RE: related document(s)360
Application for compensation Second Interim Application for Munsch Hardt Kopf
& Harr, P.C., Trustee's Attorney, Period: 2/1/2010 to 5/31/2010, Fee: $369,904.50,
Expenses: $6,530.66. Filed by Attorney Munsch Hardt Kopf & Harr, P.C.
Objections due by 7/12/2010.). Document uploaded on 7/29/2010 (Ref-ID:
1279495512738_2839). (Urbanik, Raymond)
07/29/2010
396 Interim Order regarding Motion of Verisign, Inc. for Allowance and
Payment of Administrative Claim and continuing hearing Entered on 7/29/2010
(RE: related document(s)316
Application for administrative expenses filed by
Creditor VeriSign, Inc.). Hearing to be held on 9/9/2010 at 09:30 AM Dallas
Judge Jernigan Ctrm for 316
, (Wiker, Joshua)
07/30/2010
397 Trustee's Motion for Determination of Pricing With Respect to Domain
Name Registration Agreement by Daniel J. Sherman . (Ecker, C.)
07/30/2010
Proposed order regarding Determination of Pricing (RE: related document(s)
397
Trustee's Motion for Determination of Pricing With Respect to Domain Name
Registration Agreement by Daniel J. Sherman.). Document uploaded on 7/30/2010
(Ref-ID: 1279495512738_3558). (Urbanik, Raymond)
398 Order Granting Second Interim Application for compensation for Munsch
Hardt Kopf & Harr, P.C., Attorneys for Daniel J. Sherman, Chapter 11 Trustee
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 98 of 200 PageID 102
USCA5 107
07/30/2010
(related document # 360) granting for Munsch Hardt Kopf & Harr, P.C., fees
awarded: $369,904.50, expenses awarded: $6,530.66 Entered on 7/30/2010.
(Moroles, D.)
07/30/2010
399 BNC certificate of mailing - PDF document. (RE: related document(s)394
Order granting motion to compromise controversy per order (related document #
368 Trustee's Motion for Approval of Settlement Agreement ). Entered on
7/28/2010.) No. of Notices: 1. Service Date 07/30/2010. (Admin.)
07/30/2010
400 BNC certificate of mailing - PDF document. (RE: related document(s)395
Order Granting 388 Trustee's Motion to Extend Bar Date for Creditors Who Did
Not Receive Notice of Bankruptcy Filing. Deadline extended to no later than
8/2/2010. Entered on 7/28/2010.) No. of Notices: 1. Service Date 07/30/2010.
(Admin.)
07/31/2010
401 Transcript regarding Hearing Held 07/22/2010 (55 pgs.) RE: Status
Conference. THIS TRANSCRIPT WILL BE MADE ELECTRONICALLY
AVAILABLE TO THE GENERAL PUBLIC 90 DAYS AFTER THE DATE OF
FILING. TRANSCRIPT RELEASE DATE IS 10/29/2010. Until that time the
transcript may be viewed at the Clerk's Office or a copy may be obtained from the
official court transcriber. Court Reporter/Transcriber Kathy Rehling,
kathy.rehling@tx.rr.com, Telephone number 972-304-1998. (RE: related
document(s) Hearing held on 7/22/2010..). Transcript to be made available to the
public on 10/29/2010. (Rehling, Kathy)
07/31/2010
402 BNC certificate of mailing - PDF document. (RE: related document(s)396
Interim Order regarding Motion of Verisign, Inc. for Allowance and Payment of
Administrative Claim and continuing hearing Entered on 7/29/2010 (RE: related
document(s)316 Application for administrative expenses filed by Creditor
VeriSign, Inc.). Hearing to be held on 9/9/2010 at 09:30 AM Dallas Judge
Jernigan Ctrm for 316,) No. of Notices: 1. Service Date 07/31/2010. (Admin.)
08/01/2010
403 BNC certificate of mailing - PDF document. (RE: related document(s)398
Order Granting Second Interim Application for compensation for Munsch Hardt
Kopf & Harr, P.C., Attorneys for Daniel J. Sherman, Chapter 11 Trustee (related
document # 360) granting for Munsch Hardt Kopf & Harr, P.C., fees awarded:
$369,904.50, expenses awarded: $6,530.66 Entered on 7/30/2010.) No. of Notices:
1. Service Date 08/01/2010. (Admin.)
08/04/2010
404 Notice of hearing filed by Trustee Daniel J. Sherman (RE: related
document(s)397
Trustee's Motion for Determination of Pricing With Respect to
Domain Name Registration Agreement by Daniel J. Sherman.). Hearing to be held
on 9/8/2010 at 01:30 PM Dallas Judge Jernigan Ctrm for 397, (Pannier, Lee)
08/04/2010
Proposed order regarding Regarding Motion for Allowance and Payment of
Administrative Claim (amended) (RE: related document(s)316 Application for
administrative expensesMotion of VeriSign, Inc.). Document uploaded on
8/4/2010 (Ref-ID: 1279495512738_4576). (Degeyter, Angela)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 99 of 200 PageID 103
USCA5 108
08/04/2010
405 Certificate of service re: Order Granting Trustee's Motion to Extend Bar
Date for Certain Creditors filed by Trustee Daniel J. Sherman (RE: related
document(s)395 Order on motion to extend/shorten time). (Attachments: 1 Service
List) (Urbanik, Raymond)
08/05/2010
Hearing held on 8/5/2010. (RE: related document(s)364 Amended Motion to
file document under seal specifically the transcript of the hearing held on June 22,
2010 filed by Creditor Jeffrey Baron.) APPEARANCES: G. Lyon for J. Baron.
Nonevidentiary hearing. Motiong granted with condition that certain parties-in-
interest have access to transcript. Counsel to upload order. (Womack, Jennifer)
08/05/2010
406 Amended Interim Order regarding motion of Verisign, Inc. continuing
hearing Entered on 8/5/2010 (RE: related document(s)316 Application for
administrative expenses filed by Creditor VeriSign, Inc.). Hearing to be held on
9/8/2010 at 01:30 PM Dallas Judge Jernigan Ctrm for 316, (Wiker, Joshua)
08/07/2010
407 BNC certificate of mailing - PDF document. (RE: related document(s)406
Amended Interim Order regarding motion of Verisign, Inc. continuing hearing
Entered on 8/5/2010 (RE: related document(s)316 Application for administrative
expenses filed by Creditor VeriSign, Inc.). Hearing to be held on 9/8/2010 at 01:30
PM Dallas Judge Jernigan Ctrm for 316,) No. of Notices: 2. Service Date
08/07/2010. (Admin.)
08/11/2010
Proposed order regarding Order Sealing Transcript (RE: related document(s)
364 Amended Motion to file document under seal.specifically the transcript of the
hearing held on June 22, 2010 Filed by Creditor Jeffrey Baron). Document
uploaded on 8/11/2010 (Ref-ID: 1279495512738_5985). (Lyon, Gary)
08/13/2010
408 Agreed Order granting amended motion filed by Creditor Jeffrey Baron to
SEAL specifically the Transcript of the hearing held on June 22, 2010 per order
(related document # 364). Entered on 8/13/2010. (Moroles, D.) MODIFIED to add
agreed to text on 8/13/2010 (Moroles, D.).
08/15/2010
409 BNC certificate of mailing - PDF document. (RE: related document(s)408
Agreed Order granting amended motion filed by Creditor Jeffrey Baron to SEAL
specifically the Transcript of the hearing held on June 22, 2010 per order(related
document # 364
). Entered on 8/13/2010. (Moroles, D.) MODIFIED to add agreed
to text on 8/13/2010 (Moroles, D.).) No. of Notices: 2. Service Date 08/15/2010.
(Admin.)
08/19/2010
(private) Motions terminated per Order entered # 394. (RE: related document(s)
317
Motion to convert case from chapter 11 to 7 . Fee Amount $15, in addition to
Motion for leave for authorization to operate business Filed by Trustee Daniel J.
Sherman Objections due by 5/20/2010. (Attachments: # 1 Proposed Order))
(Bibbs, P.)
08/24/2010
411 Motion Explaining Changes to Supplemental Agreement. Filed by Creditor
Jeffrey Baron (Lyon, Gary)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 100 of 200 PageID 104
USCA5 109
08/25/2010
(private) Documents terminated. (RE: related document(s)411 Motion
Explaining Changes to Supplemental Agreement. Filed by Creditor Jeffrey Baron)
Terminated per Judge Jernigan's instructions. (Davis, T.)
08/31/2010
412 Transcript regarding Hearing Held 07/12/10 RE: 368, motion to
compromise controversy. THIS TRANSCRIPT WILL BE MADE
ELECTRONICALLY AVAILABLE TO THE GENERAL PUBLIC 90 DAYS
AFTER THE DATE OF FILING. TRANSCRIPT RELEASE DATE IS
11/29/2010. Until that time the transcript may be viewed at the Clerk's Office or a
copy may be obtained from the official court transcriber. Court
Reporter/Transcriber Cindy Sumner, Telephone number 214 651-8393. (RE:
related document(s) Hearing held on 7/12/2010.). Transcript to be made available
to the public on 11/29/2010. (Sumner, Cindy)
08/31/2010
413 Transcript regarding Hearing Held 07/14/10 RE: 368, motion to
compromise controversy. THIS TRANSCRIPT WILL BE MADE
ELECTRONICALLY AVAILABLE TO THE GENERAL PUBLIC 90 DAYS
AFTER THE DATE OF FILING. TRANSCRIPT RELEASE DATE IS
11/29/2010. Until that time the transcript may be viewed at the Clerk's Office or a
copy may be obtained from the official court transcriber. Court
Reporter/Transcriber Cindy Sumner, Telephone number 214 651-8393. (RE:
related document(s) Hearing held on 7/14/2010.). Transcript to be made available
to the public on 11/29/2010. (Sumner, Cindy)
09/03/2010
414 Motion to continue hearing on (related documents 397 Generic motion)
Trustee's Motion for Determination of Pricing Filed by Trustee Daniel J. Sherman
(Urbanik, Raymond)
09/03/2010
Proposed order regarding Motion to Continue Hearing (RE: related document
(s)414 Motion to continue hearing on). Document uploaded on 9/3/2010 (Ref-ID:
1282855445977_2549). (Urbanik, Raymond)
09/03/2010
415 Unopposed Motion to continue hearing on (related documents 316
Application for administrative expenses) Filed by Creditor VeriSign, Inc.
(Degeyter, Angela) Modified to correct text on 9/7/2010 (Huffman, David).
09/03/2010
Proposed order regarding VeriSign's Motion to Continue Hearing (RE: related
document(s)415 Agreed Motion to continue hearing on). Document uploaded on
9/3/2010 (Ref-ID: 1282855445977_2650). (Degeyter, Angela)
09/07/2010
416 Debtor-in-possession monthly operating report for filing period 07/01/2010
to 07/31/2010 filed by Trustee Daniel J. Sherman. (Sherman, Daniel)
09/07/2010
417 Order granting motion to continue hearing to a later date as agreed to by
the parties (related document # 414
). (related documents Trustee's Motion for
Determination of Pricing With Respect to Domain Name Registration Agreement
by Daniel J. Sherman .) Entered on 9/7/2010. (Moroles, D.)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 101 of 200 PageID 105
USCA5 110
09/07/2010
418 Order granting motion to continue hearing on (related document # 415)
(related documents Motion of VeriSign, Inc. (I) For Allowance and Payment of
Administrative Claim; (II) To Compel Assumption or Rejection of Executory
Contract; or (III) In the Alternative, For Relief from the Automatic Stay) Entered
on 9/7/2010. Hearing to be held on 9/15/2010 at 01:30 PM Dallas Judge Jernigan
Ctrm for 316, (Moroles, D.)
09/07/2010
419 Motion to withdraw as attorney (Pronske & Patel, P.C. as attorney of
record for Jeffrey Baron) Filed by Attorney Pronske & Patel, P.C. (Pronske,
Gerrit)
09/07/2010
Proposed order regarding Granting Motion to Withdraw as Attorney of Record
for Jeffrey Baron (RE: related document(s)419 Motion to withdraw as attorney).
Document uploaded on 9/7/2010 (Ref-ID: 1282855445977_3006). (Pronske,
Gerrit)
09/08/2010
420 Response opposed to (related document(s): 419 Motion to withdraw as
attorney (Pronske & Patel, P.C. as attorney of record for Jeffrey Baron) filed by
Attorney Pronske & Patel, P.C.) filed by Trustee Daniel J. Sherman. (Urbanik,
Raymond)
09/08/2010
421 Expedited Motion to set hearing(related documents 368 Motion to
compromise controversy)(Motion for Expedited Status Conference) Filed by
Trustee Daniel J. Sherman (Urbanik, Raymond)
09/08/2010
Proposed order regarding Expedited Status Conference (RE: related document
(s)421 Expedited Motion to set hearing). Document uploaded on 9/8/2010 (Ref-
ID: 1282855445977_3241). (Urbanik, Raymond)
09/09/2010
422 Order Approving Motion for Expedited Status Conference (RE: 421
Expedited Motion to set hearing). Entered on 9/9/2010 (RE: related document(s)
394 Order on motion to compromise controversy). Status Conference to be held on
9/15/2010 at 01:30 PM at Dallas Judge Jernigan Ctrm. (Moroles, D.)
09/09/2010
(private) Motion terminated by 422 Order Approving Motion for Expedited
Status Conference (RE: 421 Expedited Motion to set hearing). Entered on
9/9/2010 (RE: related document(s)421 Expedited Motion to set hearing ).
(Moroles, D.)
09/09/2010
423 Motion for expedited hearing(related documents 419 Motion to withdraw
as attorney) Filed by Attorney Pronske & Patel, P.C. (Pronske, Gerrit)
09/09/2010
Proposed order regarding Motion to Expedite Hearing (RE: related document
(s)423
Motion for expedited hearing). Document uploaded on 9/9/2010 (Ref-ID:
1282855445977_3397). (Pronske, Gerrit)
424 Motion to file transcript of hearing held on July 12, 2010 under seal. Filed
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 102 of 200 PageID 106
USCA5 111
09/09/2010 by Debtor Ondova Limited Company (Dugan, S.)
09/09/2010
425 Motion to seal transcript of hearing held on July 14, 2010 under seal. Filed
by Debtor Ondova Limited Company (Dugan, S.)
09/09/2010
426 Motion to seal transcript of hearing held on July 22, 2010 under seal. Filed
by Debtor Ondova Limited Company (Dugan, S.)
09/09/2010
427 BNC certificate of mailing - PDF document. (RE: related document(s)418
Order granting motion to continue hearing on (related document # 415) (related
documents Motion of VeriSign, Inc. (I) For Allowance and Payment of
Administrative Claim; (II) To Compel Assumption or Rejection of Executory
Contract; or (III) In the Alternative, For Relief from the Automatic Stay) Entered
on 9/7/2010. Hearing to be held on 9/15/2010 at 01:30 PM Dallas Judge Jernigan
Ctrm for 316,) No. of Notices: 1. Service Date 09/09/2010. (Admin.) (Entered:
09/10/2010)
09/10/2010
428 Order granting motion for expedited hearing and Ordering Jeff Baron to
Appear at Same. Failure to attend may be regarded as contempt of this court
(Related Doc# 423). (Document set for hearing: 419 Motion to withdraw as
attorney) Entered on 9/10/2010. Hearing to be held on 9/15/2010 at 01:30 PM
Dallas Judge Jernigan Ctrm for 419, (Moroles, D.)
09/10/2010
429 Notice Recreated to Service Order on Jeff Baron (RE: related document(s)
428 Order granting motion for expedited hearing and Ordering Jeff Baron to
Appear at Same. Failure to attend may be regarded as contempt of this court
(Related Doc# 423). (Document set for hearing: 419 Motion to withdraw as
attorney) Entered on 9/10/2010. Hearing to be held on 9/15/2010 at 01:30 PM
Dallas Judge Jernigan Ctrm for 419,) (Moroles, D.)
09/10/2010
(private) Served Order on Jeffrey Baron at PO Box 111501, Carrollton, Texas
75011 and on Attorney Gary G. Lyon at P.O. Box 1227, Anna, Texas 75409-1227
by U.S. Mail (Re:428 Order granting motion for expedited hearing and Ordering
Jeff Baron to Appear at Same) . (Moroles, D.)
09/10/2010
430 Certificate of service re: Order Granting Request for Expedited Hearing on
9/15/10 at 1:30 p.m. and Ordering Jeff Baron to Appear at Same filed by Attorney
Pronske & Patel, P.C. (RE: related document(s)428
Order on motion for expedited
hearing). (Stephenson, Christina)
09/10/2010
431 Witness and Exhibit List filed by Attorney Pronske & Patel, P.C. (RE:
related document(s)419
Motion to withdraw as attorney (Pronske & Patel, P.C. as
attorney of record for Jeffrey Baron)). (Pronske, Gerrit)
432 BNC certificate of mailing - PDF document. (RE: related document(s)422
Order Approving Motion for Expedited Status Conference (RE: 421
Expedited
Motion to set hearing). Entered on 9/9/2010 (RE: related document(s)394
Order
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 103 of 200 PageID 107
USCA5 112
09/11/2010
on motion to compromise controversy). Status Conference to be held on 9/15/2010
at 01:30 PM at Dallas Judge Jernigan Ctrm.) No. of Notices: 1. Service Date
09/11/2010. (Admin.)
09/12/2010
433 BNC certificate of mailing - PDF document. (RE: related document(s)428
Order granting motion for expedited hearing and Ordering Jeff Baron to Appear at
Same. Failure to attend may be regarded as contempt of this court (Related Doc#
423). (Document set for hearing: 419 Motion to withdraw as attorney) Entered on
9/10/2010. Hearing to be held on 9/15/2010 at 01:30 PM Dallas Judge Jernigan
Ctrm for 419,) No. of Notices: 2. Service Date 09/12/2010. (Admin.)
09/12/2010
434 BNC certificate of mailing. (RE: related document(s)429 Notice Recreated
to Service Order on Jeff Baron (RE: related document(s)428 Order granting
motion for expedited hearing and Ordering Jeff Baron to Appear at Same. Failure
to attend may be regarded as contempt of this court (Related Doc# 423).
(Document set for hearing: 419 Motion to withdraw as attorney) Entered on
9/10/2010. Hearing to be held on 9/15/2010 at 01:30 PM Dallas Judge Jernigan
Ctrm for 419,)) No. of Notices: 2. Service Date 09/12/2010. (Admin.)
09/14/2010
435 Motion to continue hearing on (related documents 316 Application for
administrative expenses) Filed by Creditor VeriSign, Inc. (Degeyter, Angela)
09/14/2010
Proposed order regarding Motion to Continue Hearing (RE: related document
(s)435 Motion to continue hearing on). Document uploaded on 9/14/2010 (Ref-ID:
1284479171889_43). (Degeyter, Angela)
09/14/2010
436 Order granting motion to continue hearing on (related document # 435)
(related documents Motion of VeriSign, Inc. (I) For Allowance and Payment of
Administrative Claim; (II) To Compel Assumption or Rejection of Executory
Contract; or (III) In the Alternative, For Relief from the Automatic Stay) Entered
on 9/14/2010. Hearing to be held on 10/28/2010 at 09:30 AM Dallas Judge
Jernigan Ctrm for 316
, (Moroles, D.)
09/14/2010
437 Notice of Appearance and Request for Notice by Martin Keith Thomas
filed by Creditor Jeffrey Baron. (Thomas, Martin)
09/15/2010
438 Notice of Appearance and Request for Notice by Stanley D. Broome filed
by Creditor Jeffrey Baron. (Broome, Stanley)
09/15/2010
439 Objection to (related document(s): 431 Witness and Exhibit List filed by
Creditor Jeffrey Baron. (Broome, Stanley) Modified linkage and text on 9/16/2010
(Jones, A.).
09/15/2010
440 Adversary case 10-03281. Complaint by Jeff Baron against Gerrit M.
Pronske, P.C., Pronske & Patel, P.C.. Fee Amount $250. Nature(s) of suit: 01
(Determination of removed claim or cause). (Patel, Rakhee)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 104 of 200 PageID 108
USCA5 113
09/15/2010
Status conference held on 9/15/2010. (RE: related document(s)368 Motion to
compromise controversy with Jeffrey Baron, et al. Trustee's Motion for Approval
of Settlement Agreement Pursuant to Rule 9019, Federal Rules of Bankruptcy
Procedure Filed by Trustee Daniel J. Sherman (Attachments: # 1 Exhibit A))
Appearances: R. Urbanik for Chapter 11 Trustee (with Trustee Sherman); J.
MacPete for Manila/NetSphere; E. Taub and J. Eckles for Quantec and Novopoint;
N. Resnick for UST; G. Pronske, R. Patel, G. Lyons, D. Ferguson, M. Thomas and
S. Broome, as proposed either past, present or future counsel for J. Baron.
Evidentiary hearing (testimony of J. Baron). Court heard reports regarding status
of implementation of settlement agreement. Court continued setting to 9/22/10 at
9:30 am. Court is considering issuing Show Cause Order or a Report and
Recommendation to District Court concerning a possible receiver over J. Baron
individually. (Harden, D.) (Entered: 09/17/2010)
09/15/2010
444 Status conference set (RE: related document(s)368 Motion to compromise
controversy with Jeffrey Baron, et al. Trustee's Motion for Approval of Settlement
Agreement Pursuant to Rule 9019, Federal Rules of Bankruptcy Procedure Filed
by Trustee Daniel J. Sherman (Attachments: # 1 Exhibit A)) Status Conference to
be held on 9/22/2010 at 09:30 AM at Dallas Judge Jernigan Ctrm. (Harden, D.)
(Entered: 09/17/2010)
09/15/2010
Hearing held on 9/15/2010. (RE: related document(s)419 Motion to withdraw
as attorney (Pronske & Patel, P.C. as attorney of record for Jeffrey Baron) Filed by
Attorney Pronske & Patel, P.C.) Appearances: R. Urbanik for Chapter 11 Trustee
(with Trustee Sherman); J. MacPete for Manila/NetSphere; E. Taub and J. Eckles
for Quantec and Novopoint; N. Resnick for UST; G. Pronske, R. Patel, G. Lyons,
D. Ferguson, M. Thomas and S. Broome, as proposed either past, present or future
counsel for J. Baron. Evidentiary hearing (testimony of J. Baron). Motion granted,
with proviso that J. Baron will be allowed no further lawyers in this bankruptcy
case (G. Lyons to continue to serve or J. Baron can proceed pro se---in the latter
situation court of him deciding to proceed pro se, court will likely issue a Report
and Recommendation to District Court concerning a possible receiver over J.
Baron individually. (Harden, D.) (Entered: 09/17/2010)
09/16/2010
(private) Proposed order regarding Order for Establishment of Security Deposit
Document uploaded on 9/16/2010 (Ref-ID: 1284648824064_13). (Davis, T.)
09/16/2010
441 Order Directing Establishment of Security Deposit, this Court Orders
Jeffrey Baron to request Adrian Taylor, Trustee of the Village Trust, to
Immediately (i.e., by Friday September 17, 2010) Transfer the sum of $330,000.00
to Daniel J. Sherman, Trustee per order. Entered on 9/16/2010 (RE: related
document(s)421
Motion for Expedited Status Conference ). (Moroles, D.)
442 Notice Recreated to Service Order on Jeffrey Baron (RE: related document
(s)441 Order Directing Establishment of Security Deposit, this Court Orders
Jeffrey Baron to request Adrian Taylor, Trustee of the Village Trust, to
Immediately (i.e., by Friday September 17, 2010) Transfer the sum of $330,000.00
to Daniel J. Sherman, Trustee per order. Entered on 9/16/2010 (RE: related
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 105 of 200 PageID 109
USCA5 114
09/16/2010 document(s)421 Motion for Expedited Status Conference ).) (Moroles, D.)
09/16/2010
443 BNC certificate of mailing - PDF document. (RE: related document(s)436
Order granting motion to continue hearing on (related document # 435
) (related
documents Motion of VeriSign, Inc. (I) For Allowance and Payment of
Administrative Claim; (II) To Compel Assumption or Rejection of Executory
Contract; or (III) In the Alternative, For Relief from the Automatic Stay) Entered
on 9/14/2010. Hearing to be held on 10/28/2010 at 09:30 AM Dallas Judge
Jernigan Ctrm for 316
,) No. of Notices: 2. Service Date 09/16/2010. (Admin.)
(Entered: 09/17/2010)
09/17/2010
Proposed order regarding Emergency Motion to Withdraw as Attorney of
Record for Jeffrey Baron (RE: related document(s)419 Motion to withdraw as
attorney). Document uploaded on 9/17/2010 (Ref-ID: 1284648824064_246).
(Pronske, Gerrit)
09/17/2010
(private) Reopen document to set status conference (RE: related document(s)
368 Motion to compromise controversy with Jeffrey Baron, et al. Trustee's Motion
for Approval of Settlement Agreement Pursuant to Rule 9019, Federal Rules of
Bankruptcy Procedure Filed by Trustee Daniel J. Sherman (Attachments: # 1
Exhibit A)) (Harden, D.)
09/17/2010
(private) Proposed Show Cause Order Document uploaded on 9/17/2010 (Ref-
ID: 1284648824064_313). (Schultz, Laura)
09/17/2010
445 Order for Jeffrey Baron to appear and show cause Entered on 9/17/2010.
Show Cause hearing to be held on 9/22/2010 at 09:30 AM at Dallas Judge
Jernigan Ctrm. (Zisk, B)
09/18/2010
446 BNC certificate of mailing - PDF document. (RE: related document(s)441
Order Directing Establishment of Security Deposit, this Court Orders Jeffrey
Baron to request Adrian Taylor, Trustee of the Village Trust, to Immediately (i.e.,
by Friday September 17, 2010) Transfer the sum of $330,000.00 to Daniel J.
Sherman, Trustee per order. Entered on 9/16/2010 (RE: related document(s)421
Motion for Expedited Status Conference ).) No. of Notices: 6. Service Date
09/18/2010. (Admin.)
09/18/2010
447 BNC certificate of mailing. (RE: related document(s)442 Notice Recreated
to Service Order on Jeffrey Baron (RE: related document(s)441
Order Directing
Establishment of Security Deposit, this Court Orders Jeffrey Baron to request
Adrian Taylor, Trustee of the Village Trust, to Immediately (i.e., by Friday
September 17, 2010) Transfer the sum of $330,000.00 to Daniel J. Sherman,
Trustee per order. Entered on 9/16/2010 (RE: related document(s)421 Motion for
Expedited Status Conference ).)) No. of Notices: 3. Service Date 09/18/2010.
(Admin.)
448 BNC certificate of mailing - PDF document. (RE: related document(s)445
Order for Jeffrey Baron to appear and show cause Entered on 9/17/2010. Show
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 106 of 200 PageID 110
USCA5 115
09/19/2010
Cause hearing to be held on 9/22/2010 at 09:30 AM at Dallas Judge Jernigan
Ctrm.) No. of Notices: 1. Service Date 09/19/2010. (Admin.)
09/20/2010
449 Order Granting Motion to withdraw as attorney (Pronske & Patel, P.C. as
attorney of record for Jeffrey Baron) (related document # 419
) Entered on
9/20/2010. (Moroles, D.)
09/21/2010
450 Notice of Appearance and Request for Notice by James M. Eckels filed by
Creditor Quantec, LLC . (Zisk, B)
09/21/2010
451 Request for Clarification of Settlement Provisions Regarding the
"Remaining Allocated Names" file by Quantec, LLC . (RE: related document(s)
368 Motion to compromise controversy with Jeffrey Baron, et al. Trustee's Motion
for Approval of Settlement Agreement Pursuant to Rule 9019, Federal Rules of
Bankruptcy Procedure Filed by Trustee Daniel J. Sherman (Attachments: # 1
Exhibit A)) (Zisk, B)
09/21/2010
452 Motion to pay Allowance of Attorneys Fees Pursuant to Supplemental
Settlement Agreement Filed by Interested Party Hohmann, Taube & Summers,
L.L.P. (Attachments: 1 Proposed Order Order) (Taube, Eric)
09/22/2010
453 BNC certificate of mailing - PDF document. (RE: related document(s)449
Order Granting Motion to withdraw as attorney (Pronske & Patel, P.C. as attorney
of record for Jeffrey Baron) (related document # 419) Entered on 9/20/2010.) No.
of Notices: 4. Service Date 09/22/2010. (Admin.) (Entered: 09/23/2010)
09/22/2010
Status conference held on 9/22/2010. (RE: related document(s)368 Motion to
compromise controversy with Jeffrey Baron, et al. Trustee's Motion for Approval
of Settlement Agreement Pursuant to Rule 9019, Federal Rules of Bankruptcy
Procedure Filed by Trustee Daniel J. Sherman (Attachments: # 1 Exhibit A))
Appearances: R. Urbanik for Trustee Sherman; Trustee Sherman; E. Taub for
Quantec and Novopoint; J. MacPete and M. Hayward for Manilla/NetSphere; G.
Lyon for J. Baron; P. Vogel, Special Master to Judge R. Furgeson; J. Eckles for
Quantec; G. Pronske and R. Patel for Pronske & Patel firm; R. Lurich for his
Friedman & Feiger. Evidentiary hearing (as to status conference and Show Cause
Matter involving Jeff Baron). Court heard reports concerning status of settlement
implementation and latest dispute concerning Remaining Allocated Names. Court
indicated that it would strike Request for Clarification of Settlement Provisions
Regareding the Remaining Unallocated Names as it was procedurally deficient (in
addition to appearing to be improper substantively). Court continued Status
Conference and Show Cause Matter as to Jeff Baron to 9/30/10 at 2:30 pm. Court
indicated likelihood of reporting and recommending that Judge R. Furgeson
appoint a receiver over Jeff Baron if settlement not fully consummated by 9/30/10
and/or if court continues to have concern regarding Jeff Barons gamesmanship
with hiring, firing, and not paying attorneys. (Harden, D.) (Entered: 09/27/2010)
456 Status conference continued and show cause hearing set (RE: related
document(s)368
Motion to compromise controversy with Jeffrey Baron, et al.
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 107 of 200 PageID 111
USCA5 116
09/22/2010
Trustee's Motion for Approval of Settlement Agreement Pursuant to Rule 9019,
Federal Rules of Bankruptcy Procedure Filed by Trustee Daniel J. Sherman)
Status Conference and Show Cause Hearing to be held on 9/30/2010 at 02:30 PM
at Dallas Judge Jernigan Ctrm. (Harden, D.) (Entered: 09/27/2010)
09/27/2010
(private) Proposed Order Striking Pleading and Setting Continued Status
Conference (RE: related document(s)451 Request for Clarification of Settlement
Provisions Regarding the "Remaining Allocated Names" file by Quantec, LLC .
(RE: related document(s)368 Motion to compromise controversy with Jeffrey
Baron, et al. Trustee's Motion for Approval of Settlement Agreement Pursuant to
Rule 9019, Federal Rules of Bankruptcy Procedure Filed by Trustee Daniel J.
Sherman (Attachments: # 1 Exhibit A))). Document uploaded on 9/27/2010 (Ref-
ID: 1285356044899_151). (Schultz, Laura)
09/27/2010
(private) Proposed Order Striking Pleading and Setting Continued Status
Conference (RE: related document(s)451 Request for Clarification of Settlement
Provisions Regarding the "Remaining Allocated Names" file by Quantec, LLC .
(RE: related document(s)368 Motion to compromise controversy with Jeffrey
Baron, et al. Trustee's Motion for Approval of Settlement Agreement Pursuant to
Rule 9019, Federal Rules of Bankruptcy Procedure Filed by Trustee Daniel J.
Sherman (Attachments: # 1 Exhibit A))). Document uploaded on 9/27/2010 (Ref-
ID: 1285599738301_3). (Saucier, Anna)
09/27/2010
454 Order Striking and Denying Request for Clarification of Settlement
Provisions Regarding the "Remaining Allocated Names" file by Quantec, LLC:
and Setting September 30, 2010 at 2:30 PM Continued Status Conference and
Show Cause Hearing per conditions of this order (related document # 451).
Entered on 9/27/2010. (Moroles, D.)
09/27/2010
455 Order for Jeffrey Baron ( and his counsel, Gary Lyon ) to appear at
continued show cause hearing. Entered on 9/27/2010. Continued Status
Conference and Show Cause hearing to be held on 9/30/2010 at 02:30 PM at
Dallas Judge Jernigan Ctrm. (Moroles, D.)
09/28/2010
457 Clerk's correspondence requesting a notice of hearing from Trustee. (RE:
related document(s)417
Order granting motion to continue hearing to a later date
as agreed to by the parties (related document # 414
). (related documents Trustee's
Motion for Determination of Pricing With Respect to Domain Name Registration
Agreement by Daniel J. Sherman .) Entered on 9/7/2010.) Responses due by
10/12/2010. (Bibbs, P.)
09/29/2010
458 Motion to substitute attorney Gary Lyon with Martin Thomasas lead
counsel Filed by Creditor Jeffrey Baron (Attachments: 1
Exhibit objections to
conempt) (Thomas, Martin)
459 BNC certificate of mailing - PDF document. (RE: related document(s)454
Order Striking and Denying Request for Clarification of Settlement Provisions
Regarding the "Remaining Allocated Names" file by Quantec, LLC: and Setting
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 108 of 200 PageID 112
USCA5 117
09/29/2010
September 30, 2010 at 2:30 PM Continued Status Conference and Show Cause
Hearing per conditions of this order (related document # 451). Entered on
9/27/2010.) No. of Notices: 6. Service Date 09/29/2010. (Admin.) (Entered:
09/30/2010)
09/29/2010
460 BNC certificate of mailing - PDF document. (RE: related document(s)455
Order for Jeffrey Baron ( and his counsel, Gary Lyon ) to appear at continued
show cause hearing. Entered on 9/27/2010. Continued Status Conference and
Show Cause hearing to be held on 9/30/2010 at 02:30 PM at Dallas Judge Jernigan
Ctrm.) No. of Notices: 3. Service Date 09/29/2010. (Admin.) (Entered:
09/30/2010)
09/30/2010
461 Amended Motion to substitute attorney Gary Lyon with Martin K.
Thomasamended to include certificate of conference that Trustee will not oppose
this Motion Filed by Creditor Jeffrey Baron (Attachments: 1 Exhibit objections to
contempt)(related document: 458) (Thomas, Martin) Modified on 10/1/2010
(Ward, J).
09/30/2010
462 Motion for expedited hearing(related documents 461 Motion to substitute
attorney) Filed by Creditor Jeffrey Baron (Thomas, Martin)
09/30/2010
Proposed order regarding Substitute attorney (RE: related document(s)461
Amended Motion to substitute attorney Gary Lyon with Martin K.
Thomasamended to include certificate of conference that Trustee will not oppose
this Motion Filed by Creditor Jeffrey Baron). Document uploaded on 9/30/2010
(Ref-ID: 1285870599983_6). (Thomas, Martin)
09/30/2010
Proposed order regarding Expedited hearing on substitution (RE: related
document(s)462 Motion for expedited hearing). Document uploaded on 9/30/2010
(Ref-ID: 1285870599983_8). (Thomas, Martin)
09/30/2010
463 Response (Objection) to show cause order (related document(s): 455 Order
to show cause) filed by Creditor Jeffrey Baron . (Brown, D.)
09/30/2010
Status conference held on 9/30/2010. (RE: related document(s)368 Motion to
compromise controversy with Jeffrey Baron, et al. Trustee's Motion for Approval
of Settlement Agreement Pursuant to Rule 9019, Federal Rules of Bankruptcy
Procedure Filed by Trustee Daniel J. Sherman (Attachments: # 1 Exhibit A))
Appearances: R. Urbanik for Trustee Sherman; Trustee Sherman (telephonically);
J. Eckels got Quantec; J. MacPete and M. Hayward for Manilla/NetSphere; G.
Lyon for J. Baron; G. Pronske for him and his firm; P. Vogel, Special Master to
Judge Royal Furgeson; E. Taube (telephonically) for Quantec; E. Schnabel
(telephonically) for Verisign. Evidentiary hearing. Matter continued to 10/8/10 at
10:30 (change from oral announcement of 9:30 am). Meanwhile, court will make a
report and recommendation to Judge Furgeson that Special Master Vogel mediate
attorneys fees issues. (Harden, D.) (Entered: 10/04/2010)
Show cause hearing held on 9/30/2010. (RE: related document(s)455 Order
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 109 of 200 PageID 113
USCA5 118
09/30/2010
for Jeffrey Baron ( and his counsel, Gary Lyon ) to appear at continued show
cause hearing. Entered on 9/27/2010. Continued Status Conference and Show
Cause hearing to be held on 9/30/2010 at 02:30 PM at Dallas Judge Jernigan
Ctrm.) Appearances: R. Urbanik for Trustee Sherman; Trustee Sherman
(telephonically); J. Eckels got Quantec; J. MacPete and M. Hayward for
Manilla/NetSphere; G. Lyon for J. Baron; G. Pronske for him and his firm; P.
Vogel, Special Master to Judge Royal Furgeson; E. Taube (telephonically) for
Quantec; E. Schnabel (telephonically) for Verisign. Evidentiary hearing. Matter
continued to 10/8/10 at 10:30 (change from oral announcement of 9:30 am).
Meanwhile, court will make a report and recommendation to Judge Furgeson that
Special Master Vogel mediate attorneys fees issues. (Harden, D.) (Entered:
10/04/2010)
10/01/2010
(private) Proposed Order: (1) Continuing Status Conference on Trustee's
Motion for Approval of Settlement Agreement Pursuant to Rule 9019, Federal
Rules of Bankruptcy Procedure [DE # 368]; and (2) Continuing Hearing on Show
Cause Order [DE # 445] (RE: related document(s)368 Motion to compromise
controversy with Jeffrey Baron, et al. Trustee's Motion for Approval of Settlement
Agreement Pursuant to Rule 9019, Federal Rules of Bankruptcy Procedure Filed
by Trustee Daniel J. Sherman (Attachments: # 1 Exhibit A)). Document uploaded
on 10/1/2010 (Ref-ID: 1285945299921_219). (Schultz, Laura)
10/01/2010
464 Order Continuing Status Conference. Order Continuing Show Cause.
Entered on 10/1/2010 (RE: related document(s)368 Motion to compromise
controversy filed by Trustee Daniel J. Sherman).(RE: related document(s) 445
Order for Jeffrey Baron to appear and show cause) Status Conference to be held
on 10/8/2010 at 10:30 AM at Dallas Judge Jernigan Ctrm. Show Cause hearing to
be held on 10/8/2010 at 10:30 AM at Dallas Judge Jernigan Ctrm. (Moroles, D.)
10/03/2010
465 BNC certificate of mailing - PDF document. (RE: related document(s)464
Order Continuing Status Conference. Order Continuing Show Cause. Entered on
10/1/2010 (RE: related document(s)368 Motion to compromise controversy filed
by Trustee Daniel J. Sherman).(RE: related document(s) 445
Order for Jeffrey
Baron to appear and show cause) Status Conference to be held on 10/8/2010 at
10:30 AM at Dallas Judge Jernigan Ctrm. Show Cause hearing to be held on
10/8/2010 at 10:30 AM at Dallas Judge Jernigan Ctrm.) No. of Notices: 5. Service
Date 10/03/2010. (Admin.)
10/04/2010
466 INCORRECT ENTRY. SEE CORRECTION 468. Motion to withdraw as
attorney (Hohmann, Taube & Summers, L.L.P and Eric J. Taube) Filed by
Interested Party Hohmann, Taube & Summers, L.L.P. (Attachments: 1 Proposed
Order Order Authorizing Withdrawal of Counsel) (Taube, Eric) Modified on
10/5/2010 (Moroles, D.).
(private) Motions terminated. Moot as per settlement. (RE: related document(s),
, , ) (RE: related document(s)272 Motion for 2004 examination of Diamond Key,
LLC. Filed by Manila Industries, Inc., Netsphere, Inc. (Attachments: # 1 Exhibit
A# 2 Service List), 273 Motion for 2004 examination of Manassas LLC. Filed by
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 110 of 200 PageID 114
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10/05/2010
Manila Industries, Inc., Netsphere, Inc. (Attachments: # 1 Exhibit A# 2 Service
List), 274 Motion for 2004 examination of Ron Sheridan. Filed by Manila
Industries, Inc., Netsphere, Inc. (Attachments: # 1 Exhibit A# 2 Service List), 275
Motion for 2004 examination of Adrian Taylor. Filed by Manila Industries, Inc.,
Netsphere, Inc. (Attachments: # 1 Exhibit A# 2 Service List)) (Bibbs, P.)
10/05/2010
467 Motion for expedited hearing(related documents 468 Motion to withdraw
as attorney) Filed by Filed by Iguana Consulting, LLC , Novo Point, LLC and
Quantec, LLC. (Taube, Eric) MODIFIED to link to corrected entry on 10/5/2010
(Moroles, D.).
10/05/2010
Proposed order regarding Expedite Hearing on Motion for Authority to
Withdrawal as Counsel (RE: related document(s)467 Motion for expedited
hearing). Document uploaded on 10/5/2010 (Ref-ID: 1286311015373_3). (Taube,
Eric)
10/05/2010
468 Motion to withdraw as attorney (Hohmann, Taube & Summers, L.L.P.)
Filed by Iguana Consulting, LLC , Novo Point, LLC and Quantec, LLC.
(Proposed Order Attached). (Moroles, D.)
10/05/2010
469 Order granting motion for Expedited Hearing (Related Doc# 467)
(document set for hearing: 468 Motion to withdraw as attorney) Entered on
10/5/2010. Hearing to be held on 10/8/2010 at 10:30 AM Dallas Judge Jernigan
Ctrm for 468, (Moroles, D.)
10/06/2010
470 Transcript regarding Hearing Held 09/15/10 RE: Status Conference.
THIS TRANSCRIPT WILL BE MADE ELECTRONICALLY AVAILABLE TO
THE GENERAL PUBLIC 90 DAYS AFTER THE DATE OF FILING.
TRANSCRIPT RELEASE DATE IS 01/4/2011. Until that time the transcript may
be viewed at the Clerk's Office or a copy may be obtained from the official court
transcriber. Court Reporter/Transcriber Richard Simpson, Telephone number 318-
688-1860. (RE: related document(s) Status conference held on 9/15/2010.).
Transcript to be made available to the public on 01/4/2011. (Simpson, Richard)
10/06/2010
471 Transcript regarding Hearing Held 09/22/10 RE: Status Conference.
THIS TRANSCRIPT WILL BE MADE ELECTRONICALLY AVAILABLE TO
THE GENERAL PUBLIC 90 DAYS AFTER THE DATE OF FILING.
TRANSCRIPT RELEASE DATE IS 01/4/2011. Until that time the transcript may
be viewed at the Clerk's Office or a copy may be obtained from the official court
transcriber. Court Reporter/Transcriber Richard Simpson, Telephone number 318-
688-1860. (RE: related document(s) Status conference held on 9/22/2010.).
Transcript to be made available to the public on 01/4/2011. (Simpson, Richard)
(private) Proposed Order: (1) Continuing Status Conference on Settlement
Motion [DE # 368]; (2) Continuing Hearing on Show Cause Order [DE # 445]; (3)
Setting Hearing on Trustee's Motion for Determination of Pricing [DE # 397]; and
(4) Setting Hearing on Various Motions to Seal Transcript [DE ### 424, 425, and
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 111 of 200 PageID 115
USCA5 120
10/08/2010
426] (RE: related document(s)397 Trustee's Motion for Determination of Pricing
With Respect to Domain Name Registration Agreement by Daniel J. Sherman .,
424 Motion to file transcript of hearing held on July 12, 2010 under seal. Filed by
Debtor Ondova Limited Company, 425 Motion to seal transcript of hearing held
on July 14, 2010 under seal. Filed by Debtor Ondova Limited Company, 426
Motion to seal transcript of hearing held on July 22, 2010 under seal. Filed by
Debtor Ondova Limited Company). Document uploaded on 10/8/2010 (Ref-ID:
1286311015373_1131). (Schultz, Laura)
10/08/2010
472 Order continuing hearing Entered on 10/8/2010 (RE: related document(s)
368
Motion to compromise controversy filed by Trustee Daniel J. Sherman).
Status Conference to be held on 10/28/2010 at 09:30 AM at Dallas Judge Jernigan
Ctrm. (Wiker, Joshua)
10/08/2010
473 Order continuing hearing Entered on 10/8/2010 (RE: related document(s)
445 Order to show cause). Hearing to be held on 10/28/2010 at 09:30 AM Dallas
Judge Jernigan Ctrm for 445, (Wiker, Joshua)
10/08/2010
474 Order setting hearing Entered on 10/8/2010 (RE: related document(s)397
motion for determination of pricing with respect to domain name registration filed
by Trustee Daniel J. Sherman). Hearing to be held on 10/28/2010 at 09:30 AM
Dallas Judge Jernigan Ctrm for 397, (Wiker, Joshua)
10/08/2010
475 Order setting hearing Entered on 10/8/2010 (RE: related document(s)424
Motion to Seal filed by Debtor Ondova Limited Company, 425 Motion to Seal
filed by Debtor Ondova Limited Company, 426 Motion to Seal filed by Debtor
Ondova Limited Company). Hearing to be held on 10/28/2010 at 09:30 AM Dallas
Judge Jernigan Ctrm for 425 and for 424 and for 426, (Wiker, Joshua)
10/08/2010
476 BNC certificate of mailing - PDF document. (RE: related document(s)469
Order granting motion for Expedited Hearing (Related Doc# 467)(document set
for hearing: 468
Motion to withdraw as attorney) Entered on 10/5/2010. Hearing
to be held on 10/8/2010 at 10:30 AM Dallas Judge Jernigan Ctrm for 468,) No. of
Notices: 2. Service Date 10/08/2010. (Admin.) (Entered: 10/09/2010)
10/08/2010
Status conference held on 10/8/2010. (RE: related document(s)368 Motion to
compromise controversy with Jeffrey Baron, et al. Filed by Trustee Daniel J.
Sherman) Appearances: R. Urbanik for Trustee D. Sherman; Trustee D. Sherman;
J. Eckles for Quantec; G. Lyon for J. Baron; M. Thomas also latter appearing for J.
Baron; R. Peterite and E. Schnabel for Verisign; J. MacPete and M. Hayward for
Manilla/NetSphere; R. Patel for Pronske & Patel; P. Vogel, Special Master for
Judge R. Furgeson; E. Taube (telephonically) for his lawfirm and former counsel
to Quantec and Novopoint; R. Puri (telephonically) for Manilla/NetSphere.
Evidentiary hearing. Court heard reports on status of settlement agreement
implementation. Court will continue matter to 10/28/10 at 9:30 am. Court will also
set Motion to Approve Pricing for 10/28/10 at 9:30 am in case Trustee desires to
pursue motion. (Harden, D.) (Entered: 10/12/2010)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 112 of 200 PageID 116
USCA5 121
10/08/2010
Show cause hearing held on 10/8/2010. (RE: related document(s)445 Order
for Jeffrey Baron to appear and show cause Entered on 9/17/2010.) Appearances:
R. Urbanik for Trustee D. Sherman; Trustee D. Sherman; J. Eckles for Quantec;
G. Lyon for J. Baron; M. Thomas also latter appearing for J. Baron; R. Peterite
and E. Schnabel for Verisign; J. MacPete and M. Hayward for Manilla/NetSphere;
R. Patel for Pronske & Patel; P. Vogel, Special Master for Judge R. Furgeson; E.
Taube (telephonically) for his lawfirm and former counsel to Quantec and
Novopoint; R. Puri (telephonically) for Manilla/NetSphere. Evidentiary hearing.
Court heard reports on status of settlement agreement implementation. Court will
continue matter to 10/28/10 at 9:30 am. (Harden, D.) (Entered: 10/12/2010)
10/08/2010
Hearing held on 10/8/2010. (RE: related document(s)468 Motion to withdraw
as attorney (Hohmann, Taube & Summers, L.L.P.) Filed by Iguana Consulting,
LLC , Novo Point, LLC and Quantec, LLC.) Appearances: R. Urbanik for Trustee
D. Sherman; Trustee D. Sherman; J. Eckles for Quantec; G. Lyon for J. Baron; M.
Thomas also latter appearing for J. Baron; R. Peterite and E. Schnabel for
Verisign; J. MacPete and M. Hayward for Manilla/NetSphere; R. Patel for Pronske
& Patel; P. Vogel, Special Master for Judge R. Furgeson; E. Taube
(telephonically) for his lawfirm and former counsel to Quantec and Novopoint; R.
Puri (telephonically) for Manilla/NetSphere. Nonevidentiary hearing. Court will
grant unopposed motion. Counsel to upload order. (Harden, D.) (Entered:
10/12/2010)
10/10/2010
477 BNC certificate of mailing - PDF document. (RE: related document(s)472
Order continuing hearing Entered on 10/8/2010 (RE: related document(s)368
Motion to compromise controversy filed by Trustee Daniel J. Sherman). Status
Conference to be held on 10/28/2010 at 09:30 AM at Dallas Judge Jernigan Ctrm.)
No. of Notices: 3. Service Date 10/10/2010. (Admin.)
10/10/2010
478 BNC certificate of mailing - PDF document. (RE: related document(s)473
Order continuing hearing Entered on 10/8/2010 (RE: related document(s)445
Order to show cause). Hearing to be held on 10/28/2010 at 09:30 AM Dallas
Judge Jernigan Ctrm for 445
,) No. of Notices: 3. Service Date 10/10/2010.
(Admin.)
10/10/2010
479 BNC certificate of mailing - PDF document. (RE: related document(s)474
Order setting hearing Entered on 10/8/2010 (RE: related document(s)397
motion
for determination of pricing with respect to domain name registration filed by
Trustee Daniel J. Sherman). Hearing to be held on 10/28/2010 at 09:30 AM Dallas
Judge Jernigan Ctrm for 397
,) No. of Notices: 3. Service Date 10/10/2010.
(Admin.)
480 BNC certificate of mailing - PDF document. (RE: related document(s)475
Order setting hearing Entered on 10/8/2010 (RE: related document(s)424
Motion
to Seal filed by Debtor Ondova Limited Company, 425 Motion to Seal filed by
Debtor Ondova Limited Company, 426 Motion to Seal filed by Debtor Ondova
Limited Company). Hearing to be held on 10/28/2010 at 09:30 AM Dallas Judge
Jernigan Ctrm for 425 and for 424 and for 426,) No. of Notices: 3. Service Date
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 113 of 200 PageID 117
USCA5 122
10/10/2010 10/10/2010. (Admin.)
10/12/2010
481 Order granting amended motion to substitute attorney adding Martin Keith
Thomas for Jeffrey Baron, terminating Gary G. Lyon. (related document # 461
)
Entered on 10/12/2010. (Moroles, D.)
10/12/2010
(private) Motions terminated. Moot per order entered 481. (RE: related
document(s)462 Motion for expedited hearing(related documents 461 Motion to
substitute attorney) Filed by Creditor Jeffrey Baron) (Bibbs, P.)
10/12/2010
482 Objection to (related document(s): 452 Motion to pay Allowance of
Attorneys Fees Pursuant to Supplemental Settlement Agreement filed by Interested
Party Hohmann, Taube & Summers, L.L.P.) filed by Interested Party The Village
Trust, Novo Point, LLC, Quantec, LLC. (Eckels, James)
10/12/2010
483 Objection to (related document(s): 452 Motion to pay Allowance of
Attorneys Fees Pursuant to Supplemental Settlement Agreement filed by Interested
Party Hohmann, Taube & Summers, L.L.P.) filed by Creditor Jeffrey Baron.
(Thomas, Martin)
10/13/2010
484 Report and recommendation to the U.S. District Court by U.S. Bankruptcy
Judge. 3:09-CV-0988-F (Whitaker, Sheniqua)
10/13/2010 485 (private) Forms (misc) (Whitaker, Sheniqua)
10/14/2010
486 Notice of recreation (RE: related document(s)482 Objection to (related
document(s): 452 Motion to pay Allowance of Attorneys Fees Pursuant to
Supplemental Settlement Agreement filed by Interested Party Hohmann, Taube &
Summers, L.L.P.) filed by Interested Party The Village Trust, Novo Point, LLC,
Quantec, LLC.) (Tello, Chris)
10/14/2010
487 BNC certificate of mailing - PDF document. (RE: related document(s)481
Order granting amended motion to substitute attorney adding Martin Keith
Thomas for Jeffrey Baron, terminating Gary G. Lyon. (related document # 461)
Entered on 10/12/2010.) No. of Notices: 2. Service Date 10/14/2010. (Admin.)
(Entered: 10/15/2010)
10/15/2010 488 Trustee's Individual Bond. $1,800,000.00 (Neary, William)
10/15/2010
489 BNC certificate of mailing - PDF document. (RE: related document(s)484
Report and recommendation to the U.S. District Court by U.S. Bankruptcy Judge.
3:09-CV-0988-F) No. of Notices: 1. Service Date 10/15/2010. (Admin.)
490 Application for compensation Third Interim Application for Munsch Hardt
Kopf & Harr, P.C., Trustee's Attorney, Period: 6/1/2010 to 9/30/2010, Fee:
$328,605.50, Expenses: $6,341.07. Filed by Attorney Munsch Hardt Kopf & Harr,
P.C. (Attachments: 1 Exhibit A2 Exhibit B3 Exhibit C4 Exhibit D5 Exhibit E6
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 114 of 200 PageID 118
USCA5 123
10/20/2010 Exhibit F7 Service List) (Urbanik, Raymond)
10/20/2010
491 Application for administrative expenses for a substantial contribution to
the estate Filed by Attorney Pronske & Patel, P.C. Objections due by 11/10/2010.
(Attachments: 1 Exhibit A2 Service List) (Pronske, Gerrit)
10/22/2010
492 Notice of hearing filed by Attorney Pronske & Patel, P.C. (RE: related
document(s)491 Application for administrative expenses for a substantial
contribution to the estate Filed by Attorney Pronske & Patel, P.C. Objections due
by 11/10/2010.). Hearing to be held on 11/29/2010 at 01:30 PM Dallas Judge
Jernigan Ctrm for 491, (Pronske, Gerrit)
10/26/2010
493 Motion to continue hearing on (related documents 490 Application for
compensation) Filed by Attorney Munsch Hardt Kopf & Harr, P.C. (Urbanik,
Raymond)
10/26/2010
Proposed order regarding Motion to Reschedule Hearing (RE: related
document(s)493 Motion to continue hearing on). Document uploaded on
10/26/2010 (Ref-ID: 1287494708017_2043). (Urbanik, Raymond)
10/26/2010
494 Order granting motion to reschedule hearing on (related document # 493)
(related documents Third Interim Application for Compensation for Munsch Hardt
Kopf & Harr, P.C. , Trustee's Attorney). Entered on 10/26/2010. Hearing to be
held on 12/1/2010 at 09:30 AM Dallas Judge Jernigan Ctrm for 490, (Moroles, D.)
10/27/2010
495 Objection to (related document(s): 397 Motion by Daniel J. Sherman. filed
by Trustee Daniel J. Sherman) filed by Novo Point, LLC, Quantec, LLC. (Eckels,
James)
10/28/2010
496 Notice of hearing filed by Attorney Munsch Hardt Kopf & Harr, P.C. (RE:
related document(s)490
Application for compensation Third Interim Application
for Munsch Hardt Kopf & Harr, P.C., Trustee's Attorney, Period: 6/1/2010 to
9/30/2010, Fee: $328,605.50, Expenses: $6,341.07. Filed by Attorney Munsch
Hardt Kopf & Harr, P.C.). Hearing to be held on 12/1/2010 at 09:30 AM Dallas
Judge Jernigan Ctrm for 490, (Attachments: 1 Service List) (Urbanik, Raymond)
10/28/2010
497 Clerk's correspondence requesting an order from attorney for creditor. (RE:
related document(s)468 Motion to withdraw as attorney (Hohmann, Taube &
Summers, L.L.P.) Filed by Iguana Consulting, LLC , Novo Point, LLC and
Quantec, LLC. (Proposed Order Attached).) Responses due by 11/12/2010. (Sauer,
K.)
498 BNC certificate of mailing - PDF document. (RE: related document(s)494
Order granting motion to reschedule hearing on (related document # 493) (related
documents Third Interim Application for Compensation for Munsch Hardt Kopf &
Harr, P.C. , Trustee's Attorney). Entered on 10/26/2010. Hearing to be held on
12/1/2010 at 09:30 AM Dallas Judge Jernigan Ctrm for 490,) No. of Notices: 1.
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 115 of 200 PageID 119
USCA5 124
10/28/2010 Service Date 10/28/2010. (Admin.)
10/28/2010
Hearing held on 10/28/2010. (RE: related document(s)316 Application for
administrative expenses - Motion of VeriSign, Inc. (I) For Allowance and Payment
of Administrative Claim; (II) To Compel Assumption or Rejection of Executory
Contract; or (III) In the Alternative, For Relief from the Automatic Stay Filed by
Creditor VeriSign, Inc.)) Appearances: R. Urbanik and L. Pannier for Trustee D.
Sherman; Trustee D. Sherman; M. Thomas and G. Lyon for J. Baron; J. MacPete
and M. Hayward for Manilla/NetSphere; A. Degeyter and E. Schnabel for
VeriSign; J. Eckles for Quantec; J. Cox for NovoPoint; R. Patel for Pronske &
Patel. R. Puri appeared telephonically for Manilla/NetSphere. Nonevidentiary
hearing. Court heard various discussion regarding a form of order the would both
resolve the VeriSign motion and approve an attached letter agreement regarding
wind-down. Discussions revealed letter agreement was not 100% agreed and court
expressed concern about extinguishment of estates lien in Blue Horizon portfolio
until transfer of domain names out of estate and also concern about possible
$60,000 of penalties (associated with possible delays into November of transfer of
domain names) being chargeable against $330,000 security deposit Trustee
Sherman is already holding. Parties will either upload a mutually acceptable
agreed order (addressing these concerns of the court) or court will enter a simple
order to be uploaded by VeriSign granting its motion to terminate agreements with
Ondova. Order to be uploaded by counsel. (Harden, D.) (Entered: 11/04/2010)
10/28/2010
Hearing held on 10/28/2010. (RE: related document(s)397 Trustee's Motion
for Determination of Pricing With Respect to Domain Name Registration
Agreement by Daniel J. Sherman .) Appearances: R. Urbanik and L. Pannier for
Trustee D. Sherman; Trustee D. Sherman; M. Thomas and G. Lyon for J. Baron; J.
MacPete and M. Hayward for Manilla/NetSphere; A. Degeyter and E. Schnabel
for VeriSign; J. Eckles for Quantec; J. Cox for NovoPoint; R. Patel for Pronske &
Patel. R. Puri appeared telephonically for Manilla/NetSphere. Nonevidentiary
hearing. Court heard various discussion regarding a form of order the would both
resolve the VeriSign motion and approve an attached letter agreement regarding
wind-down. Discussions revealed letter agreement was not 100% agreed and court
expressed concern about extinguishment of estates lien in Blue Horizon portfolio
until transfer of domain names out of estate and also concern about possible
$60,000 of penalties (associated with possible delays into November of transfer of
domain names) being chargeable against $330,000 security deposit Trustee
Sherman is already holding. Parties will either upload a mutually acceptable
agreed order (addressing these concerns of the court) or court will enter a simple
order to be uploaded by VeriSign granting its motion to terminate agreements with
Ondova. Order to be uploaded by counsel. (Harden, D.) (Entered: 11/04/2010)
10/28/2010
Hearing held on 10/28/2010. (RE: related document(s)424 Motion to file
transcript of hearing held on July 12, 2010 under seal. Filed by Debtor Ondova
Limited Company) Court asked Trustees counsel to arrange a resetting of this
hearing to late November, at which time the court will also hold a general status
conference and a continued hearing on Show Cause Order [DE #445]. Trustees
counsel shall file a Notice of the Continued Hearing Date. (Harden, D.) (Entered:
11/04/2010)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 116 of 200 PageID 120
USCA5 125
10/28/2010
Hearing held on 10/28/2010. (RE: related document(s)425 Motion to seal
transcript of hearing held on July 14, 2010 under seal. Filed by Debtor Ondova
Limited Company) Court asked Trustees counsel to arrange a resetting of this
hearing to late November, at which time the court will also hold a general status
conference and a continued hearing on Show Cause Order [DE #445]. Trustees
counsel shall file a Notice of the Continued Hearing Date. (Harden, D.) (Entered:
11/04/2010)
10/28/2010
Hearing held on 10/28/2010. (RE: related document(s)426 Motion to seal
transcript of hearing held on July 22, 2010 under seal. Filed by Debtor Ondova
Limited Company) Court asked Trustees counsel to arrange a resetting of this
hearing to late November, at which time the court will also hold a general status
conference and a continued hearing on Show Cause Order [DE #445]. Trustees
counsel shall file a Notice of the Continued Hearing Date. (Harden, D.) (Entered:
11/04/2010)
10/28/2010
Show cause hearing held on 10/28/2010. (RE: related document(s)445 Order
for Jeffrey Baron to appear and show cause.) Court asked Trustees counsel to
arrange a resetting of this hearing to late November, at which time the court will
also hold a general status conference and a hearing on pending motions to seal
transcript [DE ##424, 425, 426]. Trustees counsel shall file a Notice of the
Continued Hearing Date. (Harden, D.) (Entered: 11/04/2010)
10/29/2010
Proposed order regarding Lift Stay (RE: related document(s)316 Application
for administrative expensesMotion of VeriSign, Inc.). Document uploaded on
10/29/2010 (Ref-ID: 1287494708017_3103). (Degeyter, Angela)
10/29/2010
500 Order granting motion for relief from stay filed Creditor VeriSign, Inc.,
further conditions per order (related document # 499) and 316). Entered on
10/29/2010. (Moroles, D.)
10/31/2010
501 BNC certificate of mailing - PDF document. (RE: related document(s)500
Order granting motion for relief from stay filed Creditor VeriSign, Inc., further
conditions per order (related document # 499
) and 316). Entered on 10/29/2010.)
No. of Notices: 1. Service Date 10/31/2010. (Admin.)
11/01/2010
Proposed order regarding Authorizing Withdrawal of Counsel (RE: related
document(s)468
Motion to withdraw as attorney). Document uploaded on
11/1/2010 (Ref-ID: 1287494708017_3548). (Taube, Eric)
11/01/2010
(private) Fee due other $150.00 (RE: related document(s)316 Application for
administrative expensesMotion of VeriSign, Inc. (I) For Allowance and Payment
of Administrative Claim; (II) To Compel Assumption or Rejection of Executory
Contract; or (III) In the Alternative, For Relief from the Automatic Stay Filed by
Creditor VeriSign, Inc. Objections due by 6/2/2010. (Attachments: # 1 Mailing
Matrix), 499 Motion for relief from stay. Fee amount $150, Filed by Creditor
VeriSign, Inc. (Moroles, D.) Additional attachment(s) added on 11/1/2010
(Moroles, D.).) (Castillo, Tonya)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 117 of 200 PageID 121
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11/03/2010
Receipt of filing fee for Motion for Relief from Stay (Docket Entries #316 &
499)(3:09-bk-34784) [motion,aplcex] ( 150.00). Receipt number 12712252,
amount $ 150.00. (U.S. Treasury) Modified Receipt Text on 11/4/2010 (Castillo,
Tonya).
11/03/2010
(private) Proposed Order Abating Adversary Proceeding and Setting Status
Conference (RE: related document(s)491 Application for administrative expenses
for a substantial contribution to the estate Filed by Attorney Pronske & Patel, P.C.
Objections due by 11/10/2010. (Attachments: # 1 Exhibit A# 2 Service List)).
Document uploaded on 11/3/2010 (Ref-ID: 1288712101274_389). (Schultz,
Laura)
11/03/2010
502 Motion to reject executory contract or unexpired lease Filed by Trustee
Daniel J. Sherman (Attachments: 1 Exhibit A2 Exhibit B3 Exhibit C - Proposed
Order) (Pannier, Lee)
11/03/2010
503 Motion for expedited hearing(related documents 502 Motion to
assume/reject) Filed by Trustee Daniel J. Sherman (Pannier, Lee)
11/03/2010
Proposed order regarding Motion to Expedited Hearing (RE: related document
(s)503 Motion for expedited hearing). Document uploaded on 11/3/2010 (Ref-ID:
1288712101274_754). (Pannier, Lee)
11/04/2010
504 Order granting Motion to withdraw as attorney Hohmann, Taube &
Summers, L.L.P. Filed by Iguana Consulting, LLC , Novo Point, LLC and
Quantec, LLC (related document # 468) Entered on 11/4/2010. (Moroles, D.)
11/04/2010
505 Trustee's monthly operating report for filing period 08/01/2010 to
08/31/2010 (Sherman, Daniel)
11/04/2010
506 Trustee's monthly operating report for filing period 09/01/2010 to
09/30/2010 (Sherman, Daniel)
11/05/2010
507 Notice of hearing filed by Trustee Daniel J. Sherman (RE: related
document(s)502 Motion to reject executory contract or unexpired lease Filed by
Trustee Daniel J. Sherman). Hearing to be held on 11/17/2010 at 09:30 AM Dallas
Judge Jernigan Ctrm for 502, (Pannier, Lee)
11/05/2010
508 Order granting motion for expedited hearing (Related Doc# 503)(document
set for hearing: 502
Motion to assume/reject) Entered on 11/5/2010. Hearing to be
held on 11/17/2010 at 09:30 AM Dallas Judge Jernigan Ctrm for 502
, (Moroles,
D.)
509 BNC certificate of mailing - PDF document. (RE: related document(s)504
Order granting Motion to withdraw as attorney Hohmann, Taube & Summers,
L.L.P. Filed by Iguana Consulting, LLC , Novo Point, LLC and Quantec, LLC
(related document # 468) Entered on 11/4/2010.) No. of Notices: 1. Service Date
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 118 of 200 PageID 122
USCA5 127
11/06/2010 11/06/2010. (Admin.)
11/07/2010
510 BNC certificate of mailing - PDF document. (RE: related document(s)508
Order granting motion for expedited hearing (Related Doc# 503
)(document set for
hearing: 502
Motion to assume/reject) Entered on 11/5/2010. Hearing to be held
on 11/17/2010 at 09:30 AM Dallas Judge Jernigan Ctrm for 502,) No. of Notices:
1. Service Date 11/07/2010. (Admin.)
11/10/2010
511 Clerk's correspondence requesting a notice of hearing from Attorney for
Interested party. (RE: related document(s)452 Motion to pay Allowance of
Attorneys Fees Pursuant to Supplemental Settlement Agreement Filed by
Interested Party Hohmann, Taube & Summers, L.L.P. (Attachments: # 1 Proposed
Order Order)) Responses due by 11/22/2010. (Cumby, C)
11/10/2010
512 PUBLIC ACCESS RESTRICTED PER DOC 524 First Application for
administrative expenses Filed by Creditor Powers Taylor LLP (Attachments: 1
Exhibit A2 Exhibit B) (Powers, Patrick) Modified on 11/29/2010 (Simpson, B).
11/12/2010
513 Notice of hearing filed by Interested Party Hohmann, Taube & Summers,
L.L.P. (RE: related document(s)452 Motion to pay Allowance of Attorneys Fees
Pursuant to Supplemental Settlement Agreement Filed by Interested Party
Hohmann, Taube & Summers, L.L.P.). Hearing to be held on 1/4/2011 at 09:30
AM Dallas Judge Jernigan Ctrm for 452, (Taube, Eric)
11/12/2010
514 Motion to restrict public access (RE: related document(s)512 Application
for administrative expenses). Filed by Creditor Powers Taylor LLP (Attachments:
1 Exhibit Exhibit A2 Proposed Order) (Powers, Patrick)
11/12/2010
515 BNC certificate of mailing. (RE: related document(s)511 Clerk's
correspondence requesting a notice of hearing from Attorney for Interested party.
(RE: related document(s)452
Motion to pay Allowance of Attorneys Fees Pursuant
to Supplemental Settlement Agreement Filed by Interested Party Hohmann, Taube
& Summers, L.L.P. (Attachments: # 1 Proposed Order Order)) Responses due by
11/22/2010.) No. of Notices: 1. Service Date 11/12/2010. (Admin.)
11/15/2010
516 Application for compensation for Daniel J. Sherman, Trustee Chapter 11,
Period: 9/15/2009 to 11/15/2010, Fee: $150000.00, Expenses: $0.00. Filed by
Trustee Daniel J. Sherman Objections due by 12/6/2010. (Sherman, Daniel)
MODIFIED TEXT on 11/15/2010 (Dugan, S.).
11/16/2010
517 Notice of hearing filed by Trustee Daniel J. Sherman (RE: related
document(s)516
Application for compensation for Daniel J. Sherman, Trustee
Chapter 11, Period: 9/15/2009 to 11/15/2010, Fee: $150000.00, Expenses: $0.00.
Filed by Trustee Daniel J. Sherman Objections due by 12/6/2010..). Hearing to be
held on 12/20/2010 at 01:30 PM Dallas Judge Jernigan Ctrm for 516
, (Sherman,
Daniel)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 119 of 200 PageID 123
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11/17/2010
Proposed order regarding Approval of Motion for Authority to Reject
Executory Contracts with ICANN (RE: related document(s)502 Motion to reject
executory contract or unexpired lease Filed by Trustee Daniel J. Sherman).
Document uploaded on 11/17/2010 (Ref-ID: 1288986969630_2734). (Urbanik,
Raymond)
11/17/2010
Hearing held on 11/17/2010. (RE: related document(s)502 Motion to reject
executory contract or unexpired lease Filed by Trustee Daniel J. Sherman))
Appearances: R. Urbanik for Trustee; Trustee Sherman; J. MacPete for
Manilla/NetSphere; J. Eckles for Quantec; M. Thomas for J. Baron.
Nonevidentiary hearing. Motion granted. Counsel to upload order. (Harden, D.)
(Entered: 11/23/2010)
11/18/2010
518 Clerk's correspondence requesting Notice of continued hearing from
Trustee's Counsel. (RE: related document(s)424 Motion to file transcript of
hearing held on July 12, 2010 under seal. Filed by Debtor Ondova Limited
Company, 425 Motion to seal transcript of hearing held on July 14, 2010 under
seal. Filed by Debtor Ondova Limited Company, 426 Motion to seal transcript of
hearing held on July 22, 2010 under seal. Filed by Debtor Ondova Limited
Company) Responses due by 12/8/2010. (Ward, J)
11/18/2010
519 Clerk's correspondence requesting an order from Trustee. (RE: related
document(s)397 Trustee's Motion for Determination of Pricing With Respect to
Domain Name Registration Agreement by Daniel J. Sherman .) Responses due by
12/8/2010. (Ward, J)
11/19/2010
(private) Proposed order regarding ICANN motion (RE: related document(s)502
Motion to reject executory contract or unexpired lease Filed by Trustee Daniel J.
Sherman (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C - Proposed
Order)). Document uploaded on 11/19/2010 (Ref-ID: 1288986969630_3221).
(Harden, D.)
11/19/2010
520 Order granting motion to reject executory contracts with the Internet
Corporation for assigned names and numbers (ICANN) pursuant to Section 365 of
the Bankruptcy Code (related document # 502) Entered on 11/19/2010. (Zisk, B)
11/19/2010
521 Objection to (related document(s): 490 Application for compensation Third
Interim Application for Munsch Hardt Kopf & Harr, P.C., Trustee's Attorney,
Period: 6/1/2010 to 9/30/2010, Fee: $328,605.50, Expenses: $6,341.07. filed by
Attorney Munsch Hardt Kopf & Harr, P.C.) filed by Creditor Jeffrey Baron.
(Lyon, Gary)
11/24/2010
(private) Proposed Order Cancelling Hearing (RE: related document(s)491
Application for administrative expenses for a substantial contribution to the estate
Filed by Attorney Pronske & Patel, P.C. Objections due by 11/10/2010.
(Attachments: # 1 Exhibit A# 2 Service List)). Document uploaded on 11/24/2010
(Ref-ID: 1288986969630_4248). (Schultz, Laura)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 120 of 200 PageID 124
USCA5 129
11/24/2010
522 Order Cancelling Hearing. Entered on 11/24/2010 (RE: related document
(s)491 Application for administrative expenses for Substantial Contribution to the
Estate filed by Attorney Pronske & Patel, P.C.). The Court will consider further
scheduling of the Application at a Status Conference set on 12/16/2010 at 9:30
AM regarding Adversary 10-3281. (Zisk, B)
11/26/2010
523 BNC certificate of mailing - PDF document. (RE: related document(s)522
Order Cancelling Hearing. Entered on 11/24/2010 (RE: related document(s)491
Application for administrative expenses for Substantial Contribution to the Estate
filed by Attorney Pronske & Patel, P.C.). The Court will consider further
scheduling of the Application at a Status Conference set on 12/16/2010 at 9:30
AM regarding Adversary 10-3281.) No. of Notices: 3. Service Date 11/26/2010.
(Admin.)
11/29/2010
(private) Motions terminated as per amended motion 461. (RE: related
document(s)458 Motion to substitute attorney Gary Lyon with Martin Thomasas
lead counsel Filed by Creditor Jeffrey Baron (Attachments: # 1 Exhibit objections
to conempt)) (Bibbs, P.)
11/29/2010
Proposed order regarding Motion to Restrict Public Access (RE: related
document(s)512 First Application for administrative expenses Filed by Creditor
Powers Taylor LLP). Document uploaded on 11/29/2010 (Ref-ID:
1288986969630_4497). (Powers, Patrick)
11/29/2010
524 Order granting motion to restrict public access (related document # 514)
Entered on 11/29/2010. (Simpson, B)
11/30/2010
525 Response opposed to (related document(s): 521 Objection filed by Creditor
Jeffrey Baron) filed by Attorney Munsch Hardt Kopf & Harr, P.C.. (Pannier, Lee)
12/01/2010
Proposed order regarding Third Interim Fee Applicaton of Munsch Hardt Kopf
& Harr P.C. (RE: related document(s)490
Application for compensation Third
Interim Application for Munsch Hardt Kopf & Harr, P.C., Trustee's Attorney,
Period: 6/1/2010 to 9/30/2010, Fee: $328,605.50, Expenses: $6,341.07. Filed by
Attorney Munsch Hardt Kopf & Harr, P.C.). Document uploaded on 12/1/2010
(Ref-ID: 1291153041774_728). (Urbanik, Raymond)
12/01/2010
526 Trustee's monthly operating report for filing period 10/01/2010 to
10/31/2010 (Sherman, Daniel)
Hearing held on 12/1/2010. (RE: related document(s)490 Application for
compensation Third Interim Application for Munsch Hardt Kopf & Harr, P.C.,
Trustee's Attorney, Period: 6/1/2010 to 9/30/2010, Fee: $328,605.50, Expenses:
$6,341.07. Filed by Attorney Munsch Hardt Kopf & Harr, P.C.)) Appearances: R.
Urbanik for Trustee D. Sherman; Trustee D. Sherman; P. Vogel, Receiver for J.
Baron; J. MacPete for Manilla/NetSphere; R. Puri (telephonically) for
Manilla/NetSphere; G. Lyons for J. Baron; J. Eckles for Quantec. Evidentiary
hearing (proffer; fee statements). Application approved (less $684 expense
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 121 of 200 PageID 125
USCA5 130
12/01/2010
reduction). Mr. Urbanik to upload order and also will contact courtroom deputy to
obtain a setting for a status conference in the next few weeks and resetting various
pending motions (motions to seal transcripts and show cause order). Trustee to
withdraw motion for approval of pricing. (Harden, D.) (Entered: 12/03/2010)
12/02/2010
527 Order granting third interim application for compensation (related
document # 490) granting for Munsch Hardt Kopf & Harr, P.C., fees awarded:
$328605.50, expenses awarded: $5656.82 Entered on 12/2/2010. (Sauer, K.)
12/03/2010
528 Stipulation by Daniel J. Sherman and Powers Taylor LLP. filed by Trustee
Daniel J. Sherman (RE: related document(s)529 First Application for
administrative expenses). (Urbanik, Raymond) Modified Text to correct linkage
on 12/9/2010 (Simpson, B).
12/06/2010
529 Amended Application for administrative expenses Filed by Creditor
Powers Taylor LLP (Attachments: 1 Exhibit A2 Exhibit B) (Powers, Patrick)
12/06/2010
530 Notice of hearing filed by Creditor Powers Taylor LLP (RE: related
document(s)529 Amended Application for administrative expenses Filed by
Creditor Powers Taylor LLP). Hearing to be held on 1/25/2011 at 09:30 AM
Dallas Judge Jernigan Ctrm for 529, (Powers, Patrick)
12/08/2010
531 Clerk's correspondence requesting Notice of continued hearing from
Trustee's Counsel. (RE: related document(s)424 Motion to file transcript of
hearing held on July 12, 2010 under seal. Filed by Debtor Ondova Limited
Company, 425 Motion to seal transcript of hearing held on July 14, 2010 under
seal. Filed by Debtor Ondova Limited Company, 426 Motion to seal transcript of
hearing held on July 22, 2010 under seal. Filed by Debtor Ondova Limited
Company) Responses due by 12/22/2010. (Bibbs, P.) Modified on 12/8/2010
(Bibbs, P.).
12/08/2010
532 Clerk's correspondence requesting an order from Trustee. (RE: related
document(s)397
Trustee's Motion for Determination of Pricing With Respect to
Domain Name Registration Agreement by Daniel J. Sherman .) Responses due by
12/22/2010. (Bibbs, P.)
12/09/2010
(private) Motions terminated- See corrected entry # 529. (RE: related document
(s)512
PUBLIC ACCESS RESTRICTED PER DOC 524 First Application for
administrative expenses Filed by Creditor Powers Taylor LLP (Attachments: # 1
Exhibit A# 2 Exhibit B) (Powers, Patrick) Modified on 11/29/2010 (Simpson, B).)
(Simpson, B)
533 Transcript regarding Hearing Held 11/17/10 RE: TRANSCRIPT OF
STATUS CONFERENCE; MOTION TO REJECT EXECUTORY
CONTRACTS. THIS TRANSCRIPT WILL BE MADE ELECTRONICALLY
AVAILABLE TO THE GENERAL PUBLIC 90 DAYS AFTER THE DATE OF
FILING. TRANSCRIPT RELEASE DATE IS 03/14/2011. Until that time the
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 122 of 200 PageID 126
USCA5 131
12/13/2010
transcript may be viewed at the Clerk's Office or a copy may be obtained from the
official court transcriber. Court Reporter/Transcriber eScribers LLC, Telephone
number 973-406-2250. (RE: related document(s) Hearing held on 11/17/2010.).
Transcript to be made available to the public on 03/14/2011. (Kurtzer, Benjamin)
12/13/2010
534 Transcript regarding Hearing Held 9/30/10 RE: STATUS
CONFERENCE RE: MOTION TO COMPROMISE CONTROVERSY W/JEFF
BARON; SHOW CAUSE ORDER (JEFFREY BARON). THIS TRANSCRIPT
WILL BE MADE ELECTRONICALLY AVAILABLE TO THE GENERAL
PUBLIC 90 DAYS AFTER THE DATE OF FILING. TRANSCRIPT RELEASE
DATE IS 03/14/2011. Until that time the transcript may be viewed at the Clerk's
Office or a copy may be obtained from the official court transcriber. Court
Reporter/Transcriber eScribers LLC, Telephone number 973-406-2250. (RE:
related document(s) Status conference held on 9/30/2010., Show cause hearing
held on 9/30/2010.). Transcript to be made available to the public on 03/14/2011.
(Kurtzer, Benjamin)
12/14/2010
535 Transcript regarding Hearing Held 10/08/2010 RE: STATUS
CONFERENCE RE: MOTION TO COMPROMISE CONTROVERSY W/JEFF
BARON, SHOW CAUSE ORDER (JEFFREY BARON), AND MOTION TO
WITHDRAW AS ATTORNEY. THIS TRANSCRIPT WILL BE MADE
ELECTRONICALLY AVAILABLE TO THE GENERAL PUBLIC 90 DAYS
AFTER THE DATE OF FILING. TRANSCRIPT RELEASE DATE IS
03/14/2011. Until that time the transcript may be viewed at the Clerk's Office or a
copy may be obtained from the official court transcriber. Court
Reporter/Transcriber eScribers, Telephone number 973-406-2250. (RE: related
document(s) Status conference held on 10/8/2010., Show cause hearing held on
10/8/2010., Hearing held on 10/8/2010.). Transcript to be made available to the
public on 03/14/2011. (Kurtzer, Benjamin)
12/15/2010
536 Motion to strike (related document(s): 397 Motion by Daniel J. Sherman.
filed by Trustee Daniel J. Sherman) (Motion to Withdraw Trustee's Motion for
Determination of Pricing With Respect to Domain Name Registration Agreement)
Filed by Trustee Daniel J. Sherman (Attachments: 1 Exhibit A) (Urbanik,
Raymond)
12/15/2010
Proposed order regarding Motion to Withdraw (RE: related document(s)536
Motion to strike). Document uploaded on 12/15/2010 (Ref-ID:
1291646361376_3045). (Urbanik, Raymond)
537 Transcript regarding Hearing Held 10/28/2010 RE: MOTION OF
VERISIGN, INC. (I) FOR ALLOWANCE AND PAYMENT OF
ADMINISTRATIVE CLAIM; (II) TO COMPEL ASSUMPTION OR
REJECTION OF EXECUTORY CONTRACT; OR (III) IN THE
ALTERNATIVE, FOR RELIEF FROM THE AUTOMATIC STAY (Doc. 316)
TRUSTEE'S MOTION FOR DETERMINATION OF PRICING WITH
RESPECT TO DOMAIN NAME REGISTRATION AGREEMENT (Doc. 397)
THREE MOTIONS TO SEAL TRANSCRIPT OF HEARING (Doc. 424, 425, and
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 123 of 200 PageID 127
USCA5 132
12/16/2010
426) SHOW CAUSE ORDER JEFFREY BARON (Doc. 445). THIS
TRANSCRIPT WILL BE MADE ELECTRONICALLY AVAILABLE TO THE
GENERAL PUBLIC 90 DAYS AFTER THE DATE OF FILING. TRANSCRIPT
RELEASE DATE IS 03/16/2011. Until that time the transcript may be viewed at
the Clerk's Office or a copy may be obtained from the official court transcriber.
Court Reporter/Transcriber Escribers, Telephone number 973-406-2250. (RE:
related document(s) Hearing held on 10/28/2010., Hearing held on 10/28/2010.,
Hearing held on 10/28/2010., Hearing held on 10/28/2010., Hearing held on
10/28/2010., Show cause hearing held on 10/28/2010.). Transcript to be made
available to the public on 03/16/2011. (Kurtzer, Benjamin)
12/17/2010
538 Debtor-in-possession monthly operating report for filing period 11/01/2010
to 11/30/2010 filed by Trustee Daniel J. Sherman. (Sherman, Daniel)
12/17/2010
539 Order granting(document # 536) motion to strike(regarding document:397
Motion by Daniel J. Sherman . filed by Trustee Daniel J. Sherman) Entered on
12/17/2010. (Ecker, C.)
12/19/2010
540 BNC certificate of mailing - PDF document. (RE: related document(s)539
Order granting(document # 536) motion to strike(regarding document:397 Motion
by Daniel J. Sherman . filed by Trustee Daniel J. Sherman) Entered on
12/17/2010.) No. of Notices: 2. Service Date 12/19/2010. (Admin.)
12/20/2010
(private) Motion terminated. (RE: related document(s)397 Trustee's Motion for
Determination of Pricing With Respect to Domain Name Registration Agreement
by Daniel J. Sherman .) (Huffman, David)
12/20/2010
Proposed order regarding Scheduling Order Regarding Fee Motions (RE:
related document(s)452 Motion to pay Allowance of Attorneys Fees Pursuant to
Supplemental Settlement Agreement Filed by Interested Party Hohmann, Taube &
Summers, L.L.P., 491 Application for administrative expenses for a substantial
contribution to the estate Filed by Attorney Pronske & Patel, P.C. Objections due
by 11/10/2010., 529
Amended Application for administrative expenses Filed by
Creditor Powers Taylor LLP). Document uploaded on 12/20/2010 (Ref-ID:
1291646361376_4244). (Urbanik, Raymond)
12/20/2010
Hearing held on 12/20/2010. (RE: related document(s)516 Application for
compensation for Daniel J. Sherman, Trustee )Appearances: D. Sherman, Trustee.
Evidentiary hearing (fee statements and proffer only). Application approved in
full, and Trustee has authority to pay $150,000 at this time. Counsel to upload
order. (Davis, T.) (Entered: 12/21/2010)
12/21/2010
Proposed order regarding Trustee's Interim Application for Compensation
(RE: related document(s)516
Application for compensation for Daniel J. Sherman,
Trustee Chapter 11, Period: 9/15/2009 to 11/15/2010, Fee: $150000.00, Expenses:
$0.00. Filed by Trustee Daniel J. Sherman Objections due by 12/6/2010..).
Document uploaded on 12/21/2010 (Ref-ID: 1291646361376_4566). (Sherman,
Daniel)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 124 of 200 PageID 128
USCA5 133
12/22/2010
Proposed order regarding Order Approving CH 11 TR's Interim Application
for Compensation (RE: related document(s)516 Application for compensation for
Daniel J. Sherman, Trustee Chapter 11, Period: 9/15/2009 to 11/15/2010, Fee:
$150000.00, Expenses: $0.00. Filed by Trustee Daniel J. Sherman Objections due
by 12/6/2010..). Document uploaded on 12/22/2010 (Ref-ID:
1291646361376_4852). (Sherman, Daniel)
12/22/2010
541 Order granting interim application for compensation (related document #
516) granting for Trustee Daniel J. Sherman, fees awarded: $150000.00, expenses
awarded: $0.00 Entered on 12/22/2010. (Zisk, B)
12/23/2010
542 Order setting status conference hearing Entered on 12/23/2010 (RE: related
document(s)452 Motion to pay filed by Interested Party Hohmann, Taube &
Summers, L.L.P., 491 Application for administrative expenses filed by Attorney
Pronske & Patel, P.C., 529 Application for administrative expenses filed by
Creditor Powers Taylor LLP). Status Conference to be held on 1/25/2011 at 09:30
AM at Dallas Judge Jernigan Ctrm. (Simpson, B)
12/30/2010 (private) Deadlines terminated. (Harden, D.)
01/05/2011 (private) Deadlines terminated for Documents 470 and 471. (Womack, Jennifer)
01/05/2011
(private) Proposed Order Resetting Hearings (RE: related document(s)452
Motion to pay Allowance of Attorneys Fees Pursuant to Supplemental Settlement
Agreement Filed by Interested Party Hohmann, Taube & Summers, L.L.P.
(Attachments: # 1 Proposed Order Order), 491 Application for administrative
expenses for a substantial contribution to the estate Filed by Attorney Pronske &
Patel, P.C. Objections due by 11/10/2010. (Attachments: # 1 Exhibit A# 2 Service
List), 529 Amended Application for administrative expenses Filed by Creditor
Powers Taylor LLP (Attachments: # 1 Exhibit A# 2 Exhibit B)). Document
uploaded on 1/5/2011 (Ref-ID: 1291646361376_6846). (Saucier, Anna)
01/06/2011
543 Order setting status conference hearing Entered on 1/6/2011 (RE: related
document(s)452 Motion to pay filed by Interested Party Hohmann, Taube &
Summers, L.L.P., 491 Application for administrative expenses filed by Attorney
Pronske & Patel, P.C., 529 Application for administrative expenses filed by
Creditor Powers Taylor LLP). Status Conference to be held on 1/31/2011 at 09:30
AM at Dallas Judge Jernigan Ctrm. (Simpson, B)
01/08/2011
544 BNC certificate of mailing - PDF document. (RE: related document(s)543
Order setting status conference hearing Entered on 1/6/2011 (RE: related
document(s)452 Motion to pay filed by Interested Party Hohmann, Taube &
Summers, L.L.P., 491
Application for administrative expenses filed by Attorney
Pronske & Patel, P.C., 529
Application for administrative expenses filed by
Creditor Powers Taylor LLP). Status Conference to be held on 1/31/2011 at 09:30
AM at Dallas Judge Jernigan Ctrm.) No. of Notices: 2. Service Date 01/08/2011.
(Admin.)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 125 of 200 PageID 129
USCA5 134
01/11/2011
545 Notice of hearing (Notice of Status Conference) filed by Trustee Daniel J.
Sherman (RE: related document(s)424 Motion to file transcript of hearing held on
July 12, 2010 under seal. Filed by Debtor Ondova Limited Company, 425 Motion
to seal transcript of hearing held on July 14, 2010 under seal. Filed by Debtor
Ondova Limited Company, 426 Motion to seal transcript of hearing held on July
22, 2010 under seal. Filed by Debtor Ondova Limited Company). Status
Conference to be held on 1/31/2011 at 09:30 AM at Dallas Judge Jernigan Ctrm.
(Urbanik, Raymond)
01/25/2011
546 Motion to withdraw as attorney (Gary G Lyon) Filed by Creditor Jeffrey
Baron (Lyon, Gary)
01/26/2011
547 Trustee's monthly operating report for filing period 12/01/2010 to
12/31/2010 (Sherman, Daniel)
01/28/2011
548 Trustee's Objection to claim(s) 10 of Creditor(s) Grupo Andrea S.A. DE
C.V.. Filed by Trustee Daniel J. Sherman. Responses due by 3/2/2011. (Sherman,
Daniel)
01/31/2011
550 Status Conference held on 1/31/2011., Status Conference continued (RE:
related document(s)529 Amended Application for administrative expenses filed by
Creditor Powers Taylor LLP.) Appearances: R. Urbanik for Trustee Sherman;
Trustee Sherman; B. Golden for Receiver Vogel; Receiver Vogel; J. MacPete for
Manilla/NetSphere; M. Goolsby for Pronske Patel; S. Broome, for J. Baron in AP
# 10-3281 (subject to a motion to withdraw); E. Taube (telephonically) for his firm
and Shurig and West firms; R. Puri for Manilla. Nonevidentiary hearing. Court
heard status report from various parties. Matter continued to 4/4/11 at 11:30 am.
Status Conference to be held on 4/4/2011 at 11:30 AM at Dallas Judge Jernigan
Ctrm. (Womack, Jennifer) (Entered: 02/08/2011)
01/31/2011
551 Status Conference held on 1/31/2011., Status Conference continued (RE:
related document(s)452
Motion to pay Attorneys' Fees Pursuant to Supplemental
Settlement Agreement filed by Interested Party Hohmann, Taube & Summers,
L.L.P.) Appearances: R. Urbanik for Trustee Sherman; Trustee Sherman; B.
Golden for Receiver Vogel; Receiver Vogel; J. MacPete for Manilla/NetSphere;
M. Goolsby for Pronske Patel; S. Broome, for J. Baron in AP # 10-3281 (subject
to a motion to withdraw); E. Taube (telephonically) for his firm and Shurig and
West firms; R. Puri for Manilla. Nonevidentiary hearing. Court heard status report
from various parties. Matter continued to 4/4/11 at 11:30 am. Status Conference to
be held on 4/4/2011 at 11:30 AM at Dallas Judge Jernigan Ctrm. (Womack,
Jennifer) (Entered: 02/08/2011)
552 Status Conference held on 1/31/2011., Status Conference continued (RE:
related document(s)491
Application for administrative expenses for a substantial
contribution to the estate filed by Attorney Pronske & Patel, P.C.) Appearances: R.
Urbanik for Trustee Sherman; Trustee Sherman; B. Golden for Receiver Vogel;
Receiver Vogel; J. MacPete for Manilla/NetSphere; M. Goolsby for Pronske Patel;
S. Broome, for J. Baron in AP # 10-3281 (subject to a motion to withdraw); E.
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Taube (telephonically) for his firm and Shurig and West firms; R. Puri for Manilla.
Nonevidentiary hearing. Court heard status report from various parties. Matter
continued to 4/4/11 at 11:30 am. Status Conference to be held on 4/4/2011 at
11:30 AM at Dallas Judge Jernigan Ctrm. (Womack, Jennifer) (Entered:
02/08/2011)
01/31/2011
Status Conference held on 1/31/2011. (RE: related document(s)424 Motion to
file transcript of hearing held on July 12, 2010 under seal. Filed by Debtor Ondova
Limited Company) Appearances: R. Urbanik for Trustee Sherman; Trustee
Sherman; B. Golden for Receiver Vogel; Receiver Vogel; J. MacPete for
Manilla/NetSphere; M. Goolsby for Pronske Patel; S. Broome, for J. Baron in AP
# 10-3281 (subject to a motion to withdraw); E. Taube (telephonically) for his firm
and Shurig and West firms; R. Puri for Manilla. Nonevidentiary hearing. Court
heard announcement that neither Trustee nor Receiver intend to prosecute. Court
will deny for want of prosecution. (Womack, Jennifer) (Entered: 02/08/2011)
01/31/2011
Status Conference held on 1/31/2011. (RE: related document(s)425 Motion to
seal transcript of hearing held on July 14, 2010 under seal filed by Debtor Ondova
Limited Company) Appearances: R. Urbanik for Trustee Sherman; Trustee
Sherman; B. Golden for Receiver Vogel; Receiver Vogel; J. MacPete for
Manilla/NetSphere; M. Goolsby for Pronske Patel; S. Broome, for J. Baron in AP
# 10-3281 (subject to a motion to withdraw); E. Taube (telephonically) for his firm
and Shurig and West firms; R. Puri for Manilla. Nonevidentiary hearing. Court
heard announcement that neither Trustee nor Receiver intend to prosecute. Court
will deny for want of prosecution. (Womack, Jennifer) (Entered: 02/08/2011)
01/31/2011
Status Conference held on 1/31/2011. (RE: related document(s)426 Motion to
seal transcript of hearing held on July 22, 2010 under seal filed by Debtor Ondova
Limited Company) Appearances: R. Urbanik for Trustee Sherman; Trustee
Sherman; B. Golden for Receiver Vogel; Receiver Vogel; J. MacPete for
Manilla/NetSphere; M. Goolsby for Pronske Patel; S. Broome, for J. Baron in AP
# 10-3281 (subject to a motion to withdraw); E. Taube (telephonically) for his firm
and Shurig and West firms; R. Puri for Manilla. Nonevidentiary hearing. Court
heard announcement that neither Trustee nor Receiver intend to prosecute. Court
will deny for want of prosecution. (Womack, Jennifer) (Entered: 02/08/2011)
02/07/2011
(private) Proposed Order Continuing Status Conferences to April 4, 2011 at
11:30 a.m. (RE: related document(s)452
Motion to pay Allowance of Attorneys
Fees Pursuant to Supplemental Settlement Agreement Filed by Interested Party
Hohmann, Taube & Summers, L.L.P. (Attachments: # 1 Proposed Order Order),
491
Application for administrative expenses for a substantial contribution to the
estate Filed by Attorney Pronske & Patel, P.C. Objections due by 11/10/2010.
(Attachments: # 1 Exhibit A# 2 Service List), 529
Amended Application for
administrative expenses Filed by Creditor Powers Taylor LLP (Attachments: # 1
Exhibit A# 2 Exhibit B)). Document uploaded on 2/7/2011 (Ref-ID:
1297092170770_47). (Saucier, Anna)
549 Order Continuing Status Conference Hearings. Entered on 2/7/2011 (RE:
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02/07/2011
related document(s)452 Motion to pay filed by Interested Party Hohmann, Taube
& Summers, L.L.P., 491 Application for administrative expenses filed by Attorney
Pronske & Patel, P.C., 529 Amended Application for administrative expenses filed
by Creditor Powers Taylor LLP). Status Conference to be held on 4/4/2011 at
11:30 AM at Dallas Judge Jernigan Ctrm. (Moroles, D.)
02/08/2011
553 (private) Form order to be routed to judge for signature (RE: related
document(s)424 Motion to file transcript of hearing held on July 12, 2010 under
seal. Filed by Debtor Ondova Limited Company) (Harden, D.)
02/08/2011
554 (private) Form order to be routed to judge for signature (RE: related
document(s)424 Motion to file transcript of hearing held on July 12, 2010 under
seal. Filed by Debtor Ondova Limited Company) (Harden, D.)
02/08/2011
555 (private) Form order to be routed to judge for signature (RE: related
document(s)425 Motion to seal transcript of hearing held on July 14, 2010 under
seal. Filed by Debtor Ondova Limited Company) (Harden, D.)
02/08/2011
556 (private) Form order to be routed to judge for signature (RE: related
document(s)426 Motion to seal transcript of hearing held on July 22, 2010 under
seal. Filed by Debtor Ondova Limited Company) (Harden, D.)
02/09/2011
557 BNC certificate of mailing - PDF document. (RE: related document(s)549
Order Continuing Status Conference Hearings. Entered on 2/7/2011 (RE: related
document(s)452 Motion to pay filed by Interested Party Hohmann, Taube &
Summers, L.L.P., 491 Application for administrative expenses filed by Attorney
Pronske & Patel, P.C., 529 Amended Application for administrative expenses filed
by Creditor Powers Taylor LLP). Status Conference to be held on 4/4/2011 at
11:30 AM at Dallas Judge Jernigan Ctrm.) No. of Notices: 2. Service Date
02/09/2011. (Admin.)
02/15/2011
558 Order denying Motion for want of prosecution (related document # 424
motion to seal ). Entered on 2/15/2011. (Moroles, D.)
02/15/2011
559 Order denying motion for want of prosecution (related document # 425
motion to seal ). Entered on 2/15/2011. (Moroles, D.)
02/15/2011
560 Order denying motion for want of prosecution (related document # 426
motion to seal ). Entered on 2/15/2011. (Moroles, D.)
02/17/2011
561 BNC certificate of mailing - PDF document. (RE: related document(s)558
Order denying Motion for want of prosecution (related document # 424
motion to
seal ). Entered on 2/15/2011.) No. of Notices: 1. Service Date 02/17/2011.
(Admin.)
562 BNC certificate of mailing - PDF document. (RE: related document(s)559
Order denying motion for want of prosecution (related document # 425
motion to
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 128 of 200 PageID 132
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02/17/2011
seal ). Entered on 2/15/2011.) No. of Notices: 1. Service Date 02/17/2011.
(Admin.)
02/17/2011
563 BNC certificate of mailing - PDF document. (RE: related document(s)560
Order denying motion for want of prosecution (related document # 426
motion to
seal ). Entered on 2/15/2011.) No. of Notices: 1. Service Date 02/17/2011.
(Admin.)
02/21/2011
564 Notice of hearingand Certificate of mailing filed by Trustee Daniel J.
Sherman (RE: related document(s)548 Trustee's Objection to claim). Hearing to be
held on 3/30/2011 at 09:30 AM Dallas Judge Jernigan Ctrm for 548, (Sherman,
Daniel)
02/22/2011
565 Omnibus Objection to claim(s) of Creditor(s). Filed by Trustee Daniel J.
Sherman. (Attachments: 1 Exhibit A2 Exhibit B)(Pannier, Lee)
02/22/2011
566 Notice of hearing filed by Trustee Daniel J. Sherman (RE: related
document(s)565 Omnibus Objection to claim). Hearing to be held on 4/13/2011 at
09:30 AM Dallas Judge Jernigan Ctrm for 565, (Pannier, Lee)
02/28/2011
567 Debtor-in-possession monthly operating report for filing period January 1,
2011 to January 31, 2011 filed by Trustee Daniel J. Sherman. (Sherman, Daniel)
03/13/2011
Proposed order regarding Granting Motion to Withdraw as Attorney of Record
for Jeffrey Baron (RE: related document(s)546 Motion to withdraw as attorney).
Document uploaded on 3/13/2011 (Ref-ID: 1299618260855_1041). (Lyon, Gary)
03/15/2011 (private) Deadlines terminated. (Womack, Jennifer)
03/17/2011
(private) Deadlines terminated (RE: related document(s) 537; Transcript set for
03/16/2011) (Womack, Jennifer)
03/22/2011
568 Adversary case 11-03181. Complaint by Daniel J. Sherman against Mike
Emke, Conrad Herring, Servers, Inc.. Fee Amount $250 (Attachments: 1
Adversary Proceeding Coversheet2 Exhibit A-C). Nature(s) of suit: 14 (Recovery
of money/property - other). 91 (Declaratory judgment). 31 (Approval of sale of
property of estate and of a co-owner - 363(h)). (Urbanik, Raymond)
03/25/2011
569 Application for compensation Fourth Interim Application for Munsch
Hardt Kopf & Harr, P.C., Trustee's Attorney, Period: 10/1/2010 to 1/31/2011, Fee:
$425,595.50, Expenses: $11,688.73. Filed by Attorney Munsch Hardt Kopf &
Harr, P.C. (Attachments: 1
Limited Service List2 Exhibit A3 Exhibit B4 Exhibit C
- F5 Exhibit G6 Exhibit H7 Exhibit I8 Exhibit J9 Exhibit K10 Exhibit L)
(Urbanik, Raymond)
570 Notice of hearing filed by Attorney Munsch Hardt Kopf & Harr, P.C. (RE:
related document(s)569
Application for compensation Fourth Interim Application
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 129 of 200 PageID 133
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03/25/2011
for Munsch Hardt Kopf & Harr, P.C., Trustee's Attorney, Period: 10/1/2010 to
1/31/2011, Fee: $425,595.50, Expenses: $11,688.73. Filed by Attorney Munsch
Hardt Kopf & Harr, P.C.). Hearing to be held on 4/25/2011 at 01:30 PM Dallas
Judge Jernigan Ctrm for 569, (Attachments: 1 Service List) (Urbanik, Raymond)
03/29/2011
571 Trustee's monthly operating report for filing period 02/01/2011 to
02/28/2011 (Sherman, Daniel)
03/30/2011
Proposed order regarding TR's Objection to claim of Grupo Andrea S.A. DE
C.V. (Claim No. 10) (RE: related document(s)548 Trustee's Objection to claim).
Document uploaded on 3/30/2011 (Ref-ID: 1299618260855_4093). (Sherman,
Daniel)
03/30/2011
Hearing held on 3/30/2011. (RE: related document(s)548 Trustee's Objection
to claim(s) 10 of Creditor(s) Grupo Andrea S.A. DE C.V.. Filed by Trustee Daniel
J. Sherman.) Appearances: D. Sherman, Trustee; M. Haynes for P. Vogel, Baron
Receiver. Nonevidentiary hearing. Unopposed objection sustained. Counsel to
upload order. (Harden, D.) (Entered: 04/01/2011)
04/04/2011
Status Conference held on 4/4/2011. (RE: related document(s)529 Amended
Application for administrative expenses filed by Creditor Powers Taylor LLP)
Appearances: R. Urbanik for Trustee D. Sherman; Trustee D. Sherman (Ondova
estate); B. Golden for Receiver P. Vogel; Receiver P. Vogel (over J. Baron); M.
Keen for Powers Taylor; R. Patel for Pronske Patel; E. Taube (telephonically) for
Hohmann, Taube & Summers, L.L.P.; M. Thomas for J. Baron; S. Broome for J.
Baron in AP # 10-3281), subject to pending motion to withdraw; G. Lyons,
another counsel for J. Baron, subject to pending motion to withdraw. Court heard
reports regarding receivership action, attorneys fees issues, and pending matters in
Ondova case. Court will continue the status conference on this matter for another
90 days. Court to issue order. (Womack, Jennifer) (Entered: 04/05/2011)
04/04/2011
Status Conference held on 4/4/2011. (RE: related document(s)452 Motion to
pay Attorneys Fees Pursuant to Supplemental Settlement Agreement filed by
Interested Party Hohmann, Taube & Summers, L.L.P.) Appearances: R. Urbanik
for Trustee D. Sherman; Trustee D. Sherman (Ondova estate); B. Golden for
Receiver P. Vogel; Receiver P. Vogel (over J. Baron); M. Keen for Powers Taylor;
R. Patel for Pronske Patel; E. Taube (telephonically) for Hohmann, Taube &
Summers, L.L.P.; M. Thomas for J. Baron; S. Broome for J. Baron in AP # 10-
3281), subject to pending motion to withdraw; G. Lyons, another counsel for J.
Baron, subject to pending motion to withdraw. Court heard reports regarding
receivership action, attorneys fees issues, and pending matters in Ondova case.
Court will continue the status conference on this matter for another 90 days. Court
to issue order. (Womack, Jennifer) (Entered: 04/05/2011)
Status Conference held on 4/4/2011. (RE: related document(s)491 Application
for administrative expenses for a substantial contribution to the estate filed by
Attorney Pronske & Patel, P.C.) Appearances: R. Urbanik for Trustee D. Sherman;
Trustee D. Sherman (Ondova estate); B. Golden for Receiver P. Vogel; Receiver
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 130 of 200 PageID 134
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04/04/2011
P. Vogel (over J. Baron); M. Keen for Powers Taylor; R. Patel for Pronske Patel;
E. Taube (telephonically) for Hohmann, Taube & Summers, L.L.P.; M. Thomas
for J. Baron; S. Broome for J. Baron in AP # 10-3281), subject to pending motion
to withdraw; G. Lyons, another counsel for J. Baron, subject to pending motion to
withdraw. Court heard reports regarding receivership action, attorneys fees issues,
and pending matters in Ondova case. Court will continue the status conference on
this matter for another 90 days. Court to issue order. (Womack, Jennifer) (Entered:
04/05/2011)
04/05/2011
572 Order regarding objection to claim number(s) 10 filed by Grupo Andrea
S.A. DE C.V.. Entered on 4/5/2011 (RE: related document(s)548
Objection to
claim filed by Trustee Daniel J. Sherman). (Simpson, B)
04/05/2011
573 Order granting motion of Gary G. Lyon to withdraw as attorney for Jeffrey
Baron (related document # 546) Entered on 4/5/2011. (Simpson, B)
04/06/2011
(private) Proposed Order Continuing Hearings (RE: related document(s)452
Motion to pay Allowance of Attorneys Fees Pursuant to Supplemental Settlement
Agreement Filed by Interested Party Hohmann, Taube & Summers, L.L.P.
(Attachments: # 1 Proposed Order Order), 491 Application for administrative
expenses for a substantial contribution to the estate Filed by Attorney Pronske &
Patel, P.C. Objections due by 11/10/2010. (Attachments: # 1 Exhibit A# 2 Service
List), 529 Amended Application for administrative expenses Filed by Creditor
Powers Taylor LLP (Attachments: # 1 Exhibit A# 2 Exhibit B)). Document
uploaded on 4/6/2011 (Ref-ID: 1299618260855_5739). (Saucier, Anna)
04/06/2011
574 Order continuing hearing Entered on 4/6/2011 (RE: related document(s)
452 Motion to pay filed by Interested Party Hohmann, Taube & Summers, L.L.P.,
491 Application for administrative expenses filed by Attorney Pronske & Patel,
P.C., 529 Application for administrative expenses filed by Creditor Powers Taylor
LLP). Status Conference to be held on 7/11/2011 at 02:30 PM at Dallas Judge
Jernigan Ctrm. (Simpson, B)
04/07/2011
575 BNC certificate of mailing - PDF document. (RE: related document(s)573
Order granting motion of Gary G. Lyon to withdraw as attorney for Jeffrey Baron
(related document # 546) Entered on 4/5/2011.) No. of Notices: 1. Service Date
04/07/2011. (Admin.)
04/08/2011
576 BNC certificate of mailing - PDF document. (RE: related document(s)574
Order continuing hearing Entered on 4/6/2011 (RE: related document(s)452
Motion to pay filed by Interested Party Hohmann, Taube & Summers, L.L.P., 491
Application for administrative expenses filed by Attorney Pronske & Patel, P.C.,
529 Application for administrative expenses filed by Creditor Powers Taylor
LLP). Status Conference to be held on 7/11/2011 at 02:30 PM at Dallas Judge
Jernigan Ctrm.) No. of Notices: 3. Service Date 04/08/2011. (Admin.)
04/11/2011
577 Witness and Exhibit List filed by Trustee Daniel J. Sherman (RE: related
document(s)565 Objection to claim). (Pannier, Lee)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 131 of 200 PageID 135
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04/13/2011
578 Court admitted exhibits date of hearing 4/13/2011: Trustee Exhibits 1-17
(RE: related document(s)565 Omnibus Objection to claim(s) of Creditor(s). Filed
by Trustee Daniel J. Sherman.) (Harden, D.)
04/13/2011
Proposed order regarding Trustee's First Omnibus Objection to Claims (RE:
related document(s)565 Omnibus Objection to claim(s) of Creditor(s). Filed by
Trustee Daniel J. Sherman. (Attachments: # 1 Exhibit A# 2 Exhibit B)). Document
uploaded on 4/13/2011 (Ref-ID: 1302535046940_482). (Pannier, Lee)
04/13/2011
Hearing held on 4/13/2011. (RE: related document(s)565 Omnibus Objection
to claim(s) of Creditor(s) filed by Trustee Daniel J. Sherman.) Appearances: L.
Pannier and R. Urbanik for Trustee; Trustee Sherman; D. Ruckman for Receiver
P. Vogel; J. MacPete for NetSphere and Manilla. Evidentiary hearing. All
objections sustained. Counsel to upload order. (Womack, Jennifer)
04/18/2011
579 Response opposed to (related document(s): 569 Application for
compensation Fourth Interim Application for Munsch Hardt Kopf & Harr, P.C.,
Trustee's Attorney, Period: 10/1/2010 to 1/31/2011, Fee: $425,595.50, Expenses:
$11,688.73. filed by Attorney Munsch Hardt Kopf & Harr, P.C.) filed by Other
Professional Peter S. Vogel. (Ruckman, Deirdre)
04/18/2011
580 Certificate of service re: Response and Reservation of Rights Related to
Fourth Interim Fee Application of Munsch Hardt Kopf & Harr, P.C. filed by Other
Professional Peter S. Vogel (RE: related document(s)579 Response). (Haynes,
Michael)
04/25/2011
Proposed order regarding Fourth Interim Application of Munsch Hardt Kopf
& Harr, P.C., Attorneys for Daniel J. Sherman, Chapter 11 Trustee, for the
Allowance of Fees and Reimbursement of Expenses for the Period October 1,
2010 Through January 31, 2011 (RE: related document(s)569 Application for
compensation Fourth Interim Application for Munsch Hardt Kopf & Harr, P.C.,
Trustee's Attorney, Period: 10/1/2010 to 1/31/2011, Fee: $425,595.50, Expenses:
$11,688.73. Filed by Attorney Munsch Hardt Kopf & Harr, P.C. (Attachments: # 1
Limited Service List# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C - F# 5 Exhibit G# 6
Exhibit H# 7 Exhibit I# 8 Exhibit J# 9 Exhibit K# 10 Exhibit L)). Document
uploaded on 4/25/2011 (Ref-ID: 1303751251222_133). (Pannier, Lee)
04/25/2011
Hearing held on 4/25/2011. (RE: related document(s)569 Application for
compensation for Munsch Hardt Kopf & Harr, P.C., Trustee's Attorney, Period:
10/1/2010 to 1/31/2011, Fee: $425,595.50, Expenses: $11,688.73. Filed by
Attorney Munsch Hardt Kopf & Harr, P.C.) Appearances: R. Urbanik and R. Hunt
for applicant and Trustee; Trustee Sherman; B. Golden for Receiver; M. Thomas
for J. Baron; J. MacPete for Manila/NetSphere. Evidentiary hearing (proffer and
fee statements). Court heard extensive prove up and comments from various
counsel. Application approved. $437,284.23 of fees and expenses ($310,112.47 of
which is unpaid). Counsel to upload order. (Harden, D.) (Entered: 04/28/2011)
581 Order granting application for compensation (related document # 569)
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04/28/2011
granting for Munsch Hardt Kopf & Harr, P.C., fees awarded: $425585.50,
expenses awarded: $11688.73 Entered on 4/28/2011. (Simpson, B)
04/28/2011
582 Order regarding first omnibus objection to claim number(s)
4,5,6,7,8,9,13,14,15. Entered on 4/28/2011 (RE: related document(s)565
Objection
to claim filed by Trustee Daniel J. Sherman). (Simpson, B)
05/02/2011
583 Request for transcript regarding a hearing held on 4/25/2011. The requested
turn-around time is 7-day expedited. (Womack, Jennifer) Additional attachment(s)
added on 5/2/2011 (Womack, Jennifer).
05/04/2011
584 Debtor-in-possession monthly operating report for filing period 03/01/2011
to 03/31/2011 filed by Trustee Daniel J. Sherman. (Sherman, Daniel)
05/13/2011
585 Transcript regarding Hearing Held 04/25/11 RE: fourth interim
application for compensation from the trustee's attorney. THIS TRANSCRIPT
WILL BE MADE ELECTRONICALLY AVAILABLE TO THE GENERAL
PUBLIC 90 DAYS AFTER THE DATE OF FILING. TRANSCRIPT RELEASE
DATE IS 08/11/2011. Until that time the transcript may be viewed at the Clerk's
Office or a copy may be obtained from the official court transcriber. Court
Reporter/Transcriber Palmer Reporting Services, Telephone number
PalmerRptg@aol.com, 800-665-6251. (RE: related document(s) Hearing held on
4/25/2011. (RE: related document(s)569 Application for compensation for
Munsch Hardt Kopf & Harr, P.C., Trustee's Attorney, Period: 10/1/2010 to
1/31/2011, Fee: $425,595.50, Expenses: $11,688.73. Filed by Attorney Munsch
Hardt Kopf & Harr, P.C.) Appearances: R. Urbanik and R. Hunt for applicant and
Trustee; Trustee Sherman; B. Golden for Receiver; M. Thomas for J. Baron; J.
MacPete for Manila/NetSphere. Evidentiary hearing (proffer and fee statements).
Court heard extensive prove up and comments from various counsel. Application
approved. $437,284.23 of fees and expenses ($310,112.47 of which is unpaid).
Counsel to upload order.). Transcript to be made available to the public on
08/11/2011. (Palmer, Susan)
06/06/2011
586 Trustee's monthly operating report for filing period 03/01/2011 to
03/31/2011 - AMENDED. (Sherman, Daniel)
06/06/2011
587 Trustee's monthly operating report for filing period 04/01/2011 to
04/30/2011 (Sherman, Daniel)
06/22/2011
588 Application to employ Sedo.com, LLC as Broker Filed by Trustee Daniel J.
Sherman (Attachments: 1
Exhibit A) (Pannier, Lee)
06/22/2011
589 Motion to sell property under Section 363(b) Filed by Trustee Daniel J.
Sherman (Pannier, Lee)
590 Notice of hearing filed by Trustee Daniel J. Sherman (RE: related
document(s)588
Application to employ Sedo.com, LLC as Broker Filed by
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06/22/2011
Trustee Daniel J. Sherman (Attachments: # 1 Exhibit A), 589 Motion to sell
property under Section 363(b) Filed by Trustee Daniel J. Sherman). Hearing to be
held on 7/26/2001 at 09:30 AM Dallas Judge Jernigan Ctrm for 589 and for 588,
(Pannier, Lee)
06/24/2011
(private) Objection/response deadline updated (RE: related document(s)588
Application to employ Sedo.com, LLC as Broker Filed by Trustee Daniel J.
Sherman (Attachments: # 1 Exhibit A)) Objections due by 7/18/2011. (Abell, S)
07/11/2011
591 Application for compensation Fifth Interim Application for the Allowance
of Fees and Expenses for Munsch Hardt Kopf & Harr, P.C., Trustee's Attorney,
Period: 2/1/2011 to 5/31/2011, Fee: $307,551.00, Expenses: $18,427.35. Filed by
Attorney Munsch Hardt Kopf & Harr, P.C. Objections due by 8/4/2011.
(Attachments: 1 Exhibit A2 Exhibit B-13 Exhibit B-24 Exhibits C, D, E, and F5
Exhibit G) (Urbanik, Raymond)
07/11/2011
592 Support/supplemental document Limited Service List filed by Attorney
Munsch Hardt Kopf & Harr, P.C. (RE: related document(s)591 Application for
compensation Fifth Interim Application for the Allowance of Fees and Expenses
for Munsch Hardt Kopf & Harr, P.C., Trustee's Attorney, Period: 2/1/2011 to
5/31/2011, Fee: $307,551.00, Expenses: $18,427.35.). (Urbanik, Raymond)
07/11/2011
593 Notice of hearing filed by Attorney Munsch Hardt Kopf & Harr, P.C. (RE:
related document(s)591 Application for compensation Fifth Interim Application
for the Allowance of Fees and Expenses for Munsch Hardt Kopf & Harr, P.C.,
Trustee's Attorney, Period: 2/1/2011 to 5/31/2011, Fee: $307,551.00, Expenses:
$18,427.35. Filed by Attorney Munsch Hardt Kopf & Harr, P.C. Objections due
by 8/4/2011. (Attachments: 1 Exhibit A# 2 Exhibit B-1# 3 Exhibit B-2# 4 Exhibits
C, D, E, and F# 5 Exhibit G), 592 Support/supplemental document Limited Service
List filed by Attorney Munsch Hardt Kopf & Harr, P.C. (RE: related document(s)
591 Application for compensation Fifth Interim Application for the Allowance of
Fees and Expenses for Munsch Hardt Kopf & Harr, P.C., Trustee's Attorney,
Period: 2/1/2011 to 5/31/2011, Fee: $307,551.00, Expenses: $18,427.35.).).
Hearing to be held on 8/29/2011 at 01:30 PM Dallas Judge Jernigan Ctrm for 591
and for 592
, (Attachments: 1 Limited Service List) (Urbanik, Raymond)
07/11/2011
Status conference held on 7/11/2011. (RE: related document(s)529 Amended
Application for administrative expenses Filed by Creditor Powers Taylor LLP
(Attachments: # 1 Exhibit A# 2 Exhibit B)) Appearances: R. Urbanik for Trustee;
B. Golden for Receiver Vogel; Receiver Vogel; S. Broome for himself and subject
to a motion to withdraw as counsel to Jeff Baron; G. Pronske for himself; E.
Taube (telephonically) for his law firm and Shurig law firm. Nonevidentiary
hearing. Court heard status reports. Court will set another status conference in
approximately 90 days, in light of delays in receivership and overlapping issues it
has in Ondova case. Mr. Urbanik should coordinate next setting with CRD.
(Harden, D.) Modified text on 7/12/2011 (Harden, D.). (Entered: 07/12/2011)
Status conference held on 7/11/2011. (RE: related document(s)452 Motion to
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 134 of 200 PageID 138
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07/11/2011
pay Allowance of Attorneys Fees Pursuant to Supplemental Settlement Agreement
Filed by Interested Party Hohmann, Taube & Summers, L.L.P. (Attachments: # 1
Proposed Order Order)) Appearances: R. Urbanik for Trustee; B. Golden for
Receiver Vogel; Receiver Vogel; S. Broome for himself and subject to a motion to
withdraw as counsel to Jeff Baron; G. Pronske for himself; E. Taube
(telephonically) for his law firm and Shurig law firm. Nonevidentiary hearing.
Court heard status reports. Court will set another status conference in
approximately 90 days, in light of delays in receivership and overlapping issues it
has in Ondova case. Mr. Urbanik should coordinate next setting with CRD.
(Harden, D.) (Entered: 07/12/2011)
07/11/2011
Status conference held on 7/11/2011. (RE: related document(s)491
Application for administrative expenses for a substantial contribution to the estate
Filed by Attorney Pronske & Patel, P.C. Objections due by 11/10/2010.
(Attachments: # 1 Exhibit A# 2 Service List)) Appearances: R. Urbanik for
Trustee; B. Golden for Receiver Vogel; Receiver Vogel; S. Broome for himself
and subject to a motion to withdraw as counsel to Jeff Baron; G. Pronske for
himself; E. Taube (telephonically) for his law firm and Shurig law firm.
Nonevidentiary hearing. Court heard status reports. Court will set another status
conference in approximately 90 days, in light of delays in receivership and
overlapping issues it has in Ondova case. Mr. Urbanik should coordinate next
setting with CRD. (Harden, D.) (Entered: 07/12/2011)
07/12/2011
594 Notice of hearing Notice of Continued Hearing filed by Trustee Daniel J.
Sherman (RE: related document(s)452 Motion to pay Allowance of Attorneys Fees
Pursuant to Supplemental Settlement Agreement Filed by Interested Party
Hohmann, Taube & Summers, L.L.P. (Attachments: 1 Proposed Order Order), 491
Application for administrative expenses for a substantial contribution to the estate
Filed by Attorney Pronske & Patel, P.C. Objections due by 11/10/2010.
(Attachments: 1 Exhibit A# 2 Service List), 529 Amended Application for
administrative expenses Filed by Creditor Powers Taylor LLP (Attachments: 1
Exhibit A# 2 Exhibit B)). Hearing to be held on 10/13/2011 at 09:30 AM Dallas
Judge Jernigan Ctrm for 452
and for 529 and for 491, (Attachments: 1 Limited
Service List) (Urbanik, Raymond)
07/21/2011
595 Trustee's monthly operating report for filing period May 1, 2011 to May
31, 2011 (Sherman, Daniel)
07/22/2011
596 Response opposed to (related document(s): 588 Application to employ
Sedo.com, LLC as Broker filed by Trustee Daniel J. Sherman, 589
Motion to sell
property under Section 363(b) filed by Trustee Daniel J. Sherman) filed by Other
Professional Peter S. Vogel. (Attachments: # 1
Exhibit E) (Ruckman, Deirdre)
07/22/2011
597 Objection to (related document(s): 589 Motion to sell property under
Section 363(b) filed by Trustee Daniel J. Sherman) filed by Creditor Novo Point,
LLC. (Olson, Dennis)
598 Motion to strike (related document(s): 597 Objection filed by Creditor
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 135 of 200 PageID 139
USCA5 144
07/25/2011
Novo Point, LLC) Filed by Trustee Daniel J. Sherman (Attachments: # 1 Exhibit
A# 2 Exhibit B# 3 Exhibit C) (Pannier, Lee)
07/25/2011
599 Witness List filed by Trustee Daniel J. Sherman (RE: related document(s)
588
Application to employ Sedo.com, LLC as Broker , 589 Motion to sell property
under Section 363(b) ). (Pannier, Lee)
07/25/2011
600 Response opposed to (related document(s): 597 Objection filed by Creditor
Novo Point, LLC) filed by Other Professional Peter S. Vogel. (Ruckman, Deirdre)
07/25/2011
601 Trustee's monthly operating report for filing period 06/01/2011 to
06/30/2011 (Sherman, Daniel)
07/25/2011
602 Receiver's motion for show of authority filed by Peter S. Vogel . (Rielly,
Bill)
07/25/2011
Proposed order regarding Order (RE: related document(s)602 Receiver's
motion for show of authority filed by Peter S. Vogel.). Document uploaded on
7/25/2011 (Ref-ID: 1311259899031_941). (Ruckman, Deirdre)
07/25/2011
603 Witness List filed by Other Professional Peter S. Vogel (RE: related
document(s)589 Motion to sell property under Section 363(b) ). (Ruckman,
Deirdre)
07/26/2011
Hearing held on 7/26/2011. (RE: related document(s)589 Motion to sell
property under Section 363(b) Filed by Trustee Daniel J. Sherman) Appearances:
R. Urbanik and L. Pannier for the Trustee; Trustee Sherman; J. Cox for NovoPoint
and Quantec (attorney having consent of Receiver Vogel and authority from
District Court); D. Olson, also purporting to represent NovoPoint and Quantec (at
the request of a Lisa Katz, alleged manager hired by Southpac Trust International);
D. Ruckman and P. Lowe for Receiver Vogel; J. McPete for NetSphere/Manilla;
C. Ebert for Servers Inc.com; N. Johnson for M. Emke (with M. Emke on
telephone). Evidentiary hearing. Motion (as limited to only Mondial domain
name) approved. Notice of sale results should be filed with court. Counsel to
upload order. Court, as part of ruling, granted motion to strike, of Trustee, as to
pleadings and positions taken by Novopoint and Quantec through attorneys Payne
and Olson and ruled that they cannot further appear for these clients in this matter
without first making a motion and obtaining an order from this court (which would
only be considered if accompanied by live testimony from Lisa Katz and Brian
Mason). (Harden, D.) (Entered: 07/28/2011)
Hearing held on 7/26/2011. (RE: related document(s)588 Application to
employ Sedo.com, LLC as Broker Filed by Trustee Daniel J. Sherman)
Appearances: R. Urbanik and L. Pannier for the Trustee; Trustee Sherman; J. Cox
for NovoPoint and Quantec (attorney having consent of Receiver Vogel and
authority from District Court); D. Olson, also purporting to represent NovoPoint
and Quantec (at the request of a Lisa Katz, alleged manager hired by Southpac
Trust International); D. Ruckman and P. Lowe for Receiver Vogel; J. McPete for
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 136 of 200 PageID 140
USCA5 145
07/26/2011
NetSphere/Manilla; C. Ebert for Servers Inc.com; N. Johnson for M. Emke (with
M. Emke on telephone). Evidentiary hearing. Application approved. Counsel to
upload order. (Harden, D.) (Entered: 07/28/2011)
07/27/2011
Proposed order regarding Order Granting the Receiver's Motion for Show of
Authority and Findings of Fact (RE: related document(s)602 Receiver's motion for
show of authority filed by Peter S. Vogel.). Document uploaded on 7/27/2011
(Ref-ID: 1311259899031_1314). (Ruckman, Deirdre)
07/28/2011
604 Support/supplemental document -- Notarized Declaration of Kathy Nielsen
-- filed by Trustee Daniel J. Sherman (RE: related document(s)588 Application to
employ Sedo.com, LLC as Broker ). (Pannier, Lee)
07/28/2011
Proposed order regarding Motion to Employ Broker (RE: related document(s)
588 Application to employ Sedo.com, LLC as Broker Filed by Trustee Daniel J.
Sherman (Attachments: 1 Exhibit A)). Document uploaded on 7/28/2011 (Ref-ID:
1311259899031_1630). (Pannier, Lee)
07/28/2011
Proposed order regarding Motion to Sell (RE: related document(s)589 Motion
to sell property under Section 363(b) Filed by Trustee Daniel J. Sherman).
Document uploaded on 7/28/2011 (Ref-ID: 1311259899031_1633). (Pannier, Lee)
07/28/2011
Proposed order regarding Motion to Strike (RE: related document(s)598
Motion to strike (related document(s): 597 Objection filed by Creditor Novo Point,
LLC) Filed by Trustee Daniel J. Sherman (Attachments: # 1 Exhibit A# 2 Exhibit
B# 3 Exhibit C)). Document uploaded on 7/28/2011 (Ref-ID:
1311259899031_1635). (Pannier, Lee)
08/02/2011
605 Order granting motion for show of authority and findings of fact. See order
for conditions. (related document # 602) Entered on 8/2/2011. (Anderson, Brian)
08/04/2011
606 Order granting application to employ Sedo.com,LLC as Broker (related
document # 588
) Entered on 8/4/2011. (Moroles, D.)
08/04/2011
607 Order granting motion to sell property of the estate (related document #
589) Entered on 8/4/2011. (Moroles, D.)
08/06/2011
608 BNC certificate of mailing - PDF document. (RE: related document(s) 606
Order granting application to employ Sedo.com,LLC as Broker) No. of Notices: 1.
Notice Date 08/06/2011. (Admin.)
08/09/2011
609 Order granting (document # 598) motion to strike(regarding document:597
Objection filed by Creditor Novo Point, LLC) Entered on 8/9/2011. (Moroles, D.)
08/15/2011 (private) Transcript release deadlines terminated for Doc. 585. (Harden, D.)
610 Notice of appeal . Fee Amount $255 filed by Creditor Novo Point, LLC
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 137 of 200 PageID 141
USCA5 146
08/16/2011
(RE: related document(s)605 Order (generic)). Appellant Designation due by
8/30/2011. (Sauer, K.)
08/16/2011
Receipt of Appeal Filing Fee - $255.00 by KS. Receipt Number 00329355.
(admin)
08/17/2011
611 Clerk's correspondence requesting to amend the Notice of appeal from
attorney for appelant. (RE: related document(s)610 Notice of appeal . (RE: related
document(s)605 Order (generic)). (Whitaker, Sheniqua)
08/18/2011
612 Notice of appeal . Fee Amount $255 filed by Creditor Novo Point, LLC
(RE: related document(s)607 Order on motion to sell). Appellant Designation due
by 09/1/2011. (Schepps, Gary)
08/18/2011
613 Notice of appeal . Fee Amount $255 filed by Creditor Novo Point, LLC
(RE: related document(s)609 Order on motion to strike document). Appellant
Designation due by 09/1/2011. (Schepps, Gary)
08/18/2011
614 Amended notice of appeal filed by Creditor Novo Point, LLC (RE: related
document(s)610 Notice of appeal). (Schepps, Gary)
08/18/2011
Receipt of filing fee for Notice of appeal(09-34784-sgj11) [appeal,ntcapl]
( 255.00). Receipt number 14095972, amount $ 255.00. (U.S. Treasury)
08/18/2011
Receipt of filing fee for Notice of appeal(09-34784-sgj11) [appeal,ntcapl]
( 255.00). Receipt number 14095972, amount $ 255.00. (U.S. Treasury)
08/18/2011
615 Motion to stay pending appeal (related documents 607 Order on motion to
sell) Filed by Creditor Novo Point, LLC (Schepps, Gary)
08/19/2011 616 (private) Forms (misc) (Whitaker, Sheniqua)
08/19/2011
617 Certificate of mailing regarding appeal (RE: related document(s)614
Amended notice of appeal filed by Creditor Novo Point, LLC (RE: related
document(s)610 Notice of appeal).) (Attachments: # 1 Service List) (Whitaker,
Sheniqua)
08/19/2011
618 Notice of guidelines regarding appeals to the U.S. District Court. (RE:
related document(s)614 Amended notice of appeal . (RE: related document(s)605
Order (generic)). (Whitaker, Sheniqua)
08/19/2011 619 (private) Forms (misc) (Whitaker, Sheniqua)
08/19/2011
620 Certificate of mailing regarding appeal (RE: related document(s)612 Notice
of appeal filed by Creditor Novo Point, LLC (RE: related document(s)607
Order
on motion to sell). (Attachments: # 1
Service List) (Whitaker, Sheniqua)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 138 of 200 PageID 142
USCA5 147
08/19/2011
621 Notice of guidelines regarding appeals to the U.S. District Court. (RE:
related document(s)612 Notice of appeal filed by Creditor Novo Point, LLC (RE:
related document(s)607 Order on motion to sell). (Whitaker, Sheniqua)
08/19/2011 622 (private) Forms (misc) (Whitaker, Sheniqua)
08/19/2011
623 Certificate of mailing regarding appeal (RE: related document(s)613 Notice
of appeal filed by Creditor Novo Point, LLC (RE: related document(s)609 Order
on motion to strike document). (Attachments: # 1 Service List) (Whitaker,
Sheniqua)
08/19/2011
624 Notice of guidelines regarding appeals to the U.S. District Court. (RE:
related document(s)613 Notice of appeal filed by Creditor Novo Point, LLC (RE:
related document(s)609 Order on motion to strike document). (Whitaker,
Sheniqua)
08/19/2011
625 (private) INCORRECT ENTRY. Incomplete Form. Forms (misc) (Whitaker,
Sheniqua) Modified on 8/19/2011 (Whitaker, Sheniqua).
08/19/2011 626 (private) Forms (misc) (Whitaker, Sheniqua)
08/19/2011
627 Amended Certificate of mailing regarding appeal (RE: related document(s)
614 Amended notice of appeal filed by Creditor Novo Point, LLC (RE: related
document(s)610 Notice of appeal).) (Attachments: # 1 Service List) (Whitaker,
Sheniqua)
08/19/2011
628 BNC certificate of mailing. (RE: related document(s) 611 Clerk's
correspondence requesting to amend the Notice of appeal from attorney for
appelant.) No. of Notices: 1. Notice Date 08/19/2011. (Admin.)
08/21/2011
629 BNC certificate of mailing. (RE: related document(s) 618 Notice of
guidelines regarding appeals to the U.S. District Court.) No. of Notices: 1. Notice
Date 08/21/2011. (Admin.)
08/21/2011
630 BNC certificate of mailing. (RE: related document(s) 621 Notice of
guidelines regarding appeals to the U.S. District Court.) No. of Notices: 1. Notice
Date 08/21/2011. (Admin.)
08/21/2011
631 BNC certificate of mailing. (RE: related document(s) 624 Notice of
guidelines regarding appeals to the U.S. District Court.) No. of Notices: 1. Notice
Date 08/21/2011. (Admin.)
08/21/2011
632 BNC certificate of mailing - PDF document. (RE: related document(s) 617
Certificate of mailing regarding appeal) No. of Notices: 1. Notice Date
08/21/2011. (Admin.)
633 BNC certificate of mailing - PDF document. (RE: related document(s) 620
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 139 of 200 PageID 143
USCA5 148
08/21/2011
Certificate of mailing regarding appeal) No. of Notices: 1. Notice Date
08/21/2011. (Admin.)
08/21/2011
634 BNC certificate of mailing - PDF document. (RE: related document(s) 623
Certificate of mailing regarding appeal) No. of Notices: 1. Notice Date
08/21/2011. (Admin.)
08/21/2011
635 BNC certificate of mailing - PDF document. (RE: related document(s) 627
Amended Certificate of mailing regarding appeal) No. of Notices: 1. Notice Date
08/21/2011. (Admin.)
08/22/2011
636 Receiver's Motion for order to show cause as to Why Christopher Payne
and Gary Schepps Should Not be Held in Contempt and Sanctioned Filed by Other
Professional Peter S. Vogel (Ruckman, Deirdre) Modified text on 8/23/2011
(Kucera, J.).
08/22/2011
Proposed order regarding Order Granting the Receiver's Motion to Show
Cause as to Why Christopher Payne and Gary Schepps Should Not be Held In
Contempt and Sanctioned (RE: related document(s)636 Motion for order to show
cause Receiver's Motion to Show Cause as to Why Christopher Payne and Gary
Schepps Should Not be Held in Contempt and Sanctioned Filed by Other
Professional Peter S. Vogel). Document uploaded on 8/22/2011 (Ref-ID:
1313460033707_1539). (Ruckman, Deirdre)
08/25/2011
637 Motion to strike (related document(s): 610 Notice of appeal filed by
Creditor Novo Point, LLC, 612 Notice of appeal filed by Creditor Novo Point,
LLC, 613 Notice of appeal filed by Creditor Novo Point, LLC, 614 Amended
notice of appeal filed by Creditor Novo Point, LLC, 615 Motion to stay pending
appeal (related documents 607 Order on motion to sell) filed by Creditor Novo
Point, LLC) -- Trustee's Motion to: (I) Show Cause Why Christopher Payne and
Gary Schepps Should Not Be Held in Contempt and Sanctioned; and (II) Strike
Notices of Appeal and Motion to Stay Sale Order, and Brief in Support Thereof --
Filed by Trustee Daniel J. Sherman (Attachments: # 1
Exhibit A) (Pannier, Lee)
08/25/2011
638 Motion for expedited hearing(related documents 637 Motion to strike
document, 640 Motion for show cause order) Filed by Trustee Daniel J. Sherman
(Pannier, Lee) MODIFIED To Add Linkage on 8/29/2011 (Zisk, B).
08/25/2011
Proposed order regarding Expedited Hearing (RE: related document(s)638
Motion for expedited hearing(related documents 637
Motion to strike document)
Filed by Trustee Daniel J. Sherman). Document uploaded on 8/25/2011 (Ref-ID:
1314279336800_272). (Pannier, Lee)
08/25/2011
640 Motion for order to show cause why Christopher Payne and Gary Schepps
should not be held in contempt and sanctioned, Filed by Trustee Daniel J.
Sherman (Attachments: # 1
Exhibit A) (NOTE: This entry is for the additional
relief requested in motion # 637
) (Zisk, B) (Entered: 08/29/2011)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 140 of 200 PageID 144
USCA5 149
08/26/2011
639 Notice of hearing filed by Trustee Daniel J. Sherman (RE: related
document(s)640 Motion for order to show cause, 637 Motion to strike (related
document(s): 610 Notice of appeal filed by Creditor Novo Point, LLC, 612 Notice
of appeal filed by Creditor Novo Point, LLC, 613 Notice of appeal filed by
Creditor Novo Point, LLC, 614 Amended notice of appeal filed by Creditor Novo
Point, LLC, 615 Motion to stay pending appeal (related documents 607 Order on
motion to sell) filed by Creditor Novo Point, LLC) -- Trustee's Motion to: (I) Show
Cause Why Christopher Payne and Gary Schepps Should Not Be Held in
Contempt and Sanctioned; and (II) Strike Notices of Appeal and Motion to Stay
Sale Order, and Brief in Support Thereof -- Filed by Trustee Daniel J. Sherman
(Attachments: # 1 Exhibit A)). Hearing to be held on 9/1/2011 at 09:30 AM Dallas
Judge Jernigan Ctrm for 637 and for 640, (Pannier, Lee) MODIFIED TO Add
Linkage on 8/29/2011 (Zisk, B).
08/29/2011
641 Order granting motion for expedited hearing (Related Doc# 638)(document
set for hearing: 637 Motion to strike document) Entered on 8/29/2011. Hearing to
be held on 9/1/2011 at 09:30 AM Dallas Judge Jernigan Ctrm for 637, (Moroles,
D.)
08/29/2011
Proposed order regarding Fifth Interim Fee Application (RE: related document
(s)591 Application for compensation Fifth Interim Application for the Allowance
of Fees and Expenses for Munsch Hardt Kopf & Harr, P.C., Trustee's Attorney,
Period: 2/1/2011 to 5/31/2011, Fee: $307,551.00, Expenses: $18,427.35. Filed by
Attorney Munsch Hardt Kopf & Harr, P.C. Objections due by 8/4/2011.
(Attachments: 1 Exhibit A2 Exhibit B-13 Exhibit B-24 Exhibits C, D, E, and F5
Exhibit G)). Document uploaded on 8/29/2011 (Ref-ID: 1314279336800_1046).
(Pannier, Lee)
08/29/2011
642 Trustee's monthly operating report for filing period 07/01/2011 to
07/31/2011 (Sherman, Daniel)
08/29/2011
Hearing held on 8/29/2011. (RE: related document(s)591 Fifth Interim
Application for Fees and Expenses for Munsch Hardt Kopf & Harr, P.C.,
Trustee'sAttorney ) Appearances: R. Urbanik for Trustee; Trustee Sherman.
Evidentiary hearing (proffer and fee statements only). Application approved
interimly. Counsel to upload order. (Davis, T.) (Entered: 08/31/2011)
08/30/2011
643 Statement of issues on appeal, filed by Creditor Novo Point, LLC (RE:
related document(s)610
Notice of appeal). (Schepps, Gary)
08/30/2011
644 Appellant designation of contents for inclusion in record on appeal filed by
Creditor Novo Point, LLC (RE: related document(s)610
Notice of appeal).
Appellee designation due by 09/13/2011. (Schepps, Gary)
645 Court admitted exhibits date of hearing 9/1/2011: Defendant's Exhibit: 1.
(RE: related document(s)637 Motion to strike (related document(s): 610 Notice of
appeal filed by Creditor Novo Point, LLC, 612
Notice of appeal filed by Creditor
Novo Point, LLC, 613
Notice of appeal filed by Creditor Novo Point, LLC, 614
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 141 of 200 PageID 145
USCA5 150
09/01/2011
Amended notice of appeal filed by Creditor Novo Point, LLC, 615 Motion to stay
pending appeal (related documents 607 Order on motion to sell) filed by Creditor
Novo Point, LLC) -- Trustee's Motion to: (I) Show Cause Why Christopher Payne
and Gary Schepps Should Not Be Held in Contempt and Sanctioned; and (II)
Strike Notices of Appeal and Motion to Stay Sale Order, and Brief in Support
Thereof -- Filed by Trustee Daniel J. Sherman (Attachments: # 1 Exhibit A), 640
Motion for order to show cause why Christopher Payne and Gary Schepps should
not be held in contempt and sanctioned, Filed by Trustee Daniel J. Sherman
(Attachments: # 1 Exhibit A) (NOTE: This entry is for the additional relief
requested in motion # 637
)) (Garrison, Krystyl)
09/01/2011
646 Order granting Fifth Interim Application for the Allowance of Fees and
Expenses for Munsch Hardt Kopf & Harr, P.C., Trustee's Attorney (related
document # 591) granting for Munsch Hardt Kopf & Harr, P.C., fees awarded:
$307551.00, expenses awarded: $18427.35 Entered on 9/1/2011. (Moroles, D.)
09/01/2011
Emergency hearing held on 9/1/2011. (RE: related document(s)637 Trustee's
Motion to (I) Show Cause Why Christopher Payne and Gary Schepps Should Not
BeHeld in Contempt and Sanctioned; and (II) Strike Notices of Appeal and
Motion to Stay Sale Order ) Appearances: R. Urbanik (with Trustee Sherman) for
Trustee Sherman; D. Ruckman and P. Lowe for Receiver Vogel; J. Cox for Novo
Point, LLC; G. Schepps, for himself and purporting to be appellate counsel for
Novo Point, LLC; C. Payne for himself and purporting to be counsel for Novo
Point, LLC. Court granted, in substantial part, motion, based on oral reasoning on
the record. Court to issue its own order and set a show cause hearing for
approximately 45 days out. (Garrison, Krystyl) (Entered: 09/02/2011)
09/03/2011
647 BNC certificate of mailing - PDF document. (RE: related document(s) 646
Order granting Fifth Interim Application for the Allowance of Fees and Expenses
for Munsch Hardt Kopf & Harr, P.C., Trustee's Attorney) No. of Notices: 1.
Notice Date 09/03/2011. (Admin.)
09/06/2011 (private) Flags set-reset. ADVAPL Flag Removed. (Whitaker, Sheniqua)
(private) Proposed Order: (A) Granting, in Substantial Part, Trustee's Motion to:
(I) Show Cause Why Christopher Payne and Gary Schepps Should Not Be Held in
Contempt and Sanctioned; and (II) Strike Notices of Appeal and Motion to Stay
Sale Order; and (B) Setting Show Cause Hearing on October 24, 2011, at 10:30
a.m., as to Actions of Lawyers Christopher Payne and Gary Schepps (RE: related
document(s)637
Motion to strike (related document(s): 610 Notice of appeal filed
by Creditor Novo Point, LLC, 612
Notice of appeal filed by Creditor Novo Point,
LLC, 613
Notice of appeal filed by Creditor Novo Point, LLC, 614 Amended
notice of appeal filed by Creditor Novo Point, LLC, 615 Motion to stay pending
appeal (related documents 607
Order on motion to sell) filed by Creditor Novo
Point, LLC) -- Trustee's Motion to: (I) Show Cause Why Christopher Payne and
Gary Schepps Should Not Be Held in Contempt and Sanctioned; and (II) Strike
Notices of Appeal and Motion to Stay Sale Order, and Brief in Support Thereof --
Filed by Trustee Daniel J. Sherman (Attachments: # 1 Exhibit A)). Document
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 142 of 200 PageID 146
USCA5 151
09/06/2011 uploaded on 9/6/2011 (Ref-ID: 1314279336800_3113). (Saucier, Anna)
09/06/2011
648 Order granting(document # 637) Motion to Strike Notices of Appeal and
Motion to Stay Sale Order. Order Granting, in substantial part, Trustee's motion to
show cause Christopher Payne and Gary Schepps related document # 640). Show
Cause Hearing to be held on 10/24/2011 at 10:30 AM at Dallas Judge Jernigan
Ctrm. Entered on 9/6/2011. Show Cause Response due by 9/27/2011. Show Cause
hearing to be held on 10/24/2011 at 10:30 AM at Dallas Judge Jernigan Ctrm.
(Moroles, D.)
09/06/2011
(private) Documents terminated.(RE: related document(s)648 Order Granting
Motion to Strike ) (RE: related document(s)610 Notice of appeal . Fee Amount
$255 filed by Creditor Novo Point, LLC (RE: related document(s)605 Order
(generic)). Appellant Designation due by 8/30/2011., 612 Notice of appeal . Fee
Amount $255 filed by Creditor Novo Point, LLC (RE: related document(s)607
Order on motion to sell). Appellant Designation due by 09/1/2011., 613 Notice of
appeal . Fee Amount $255 filed by Creditor Novo Point, LLC (RE: related
document(s)609 Order on motion to strike document). Appellant Designation due
by 09/1/2011., 614 Amended notice of appeal filed by Creditor Novo Point, LLC
(RE: related document(s)610 Notice of appeal)., 615 Motion to stay pending
appeal (related documents 607 Order on motion to sell) Filed by Creditor Novo
Point, LLC) (Moroles, D.)
09/06/2011
(private) Flags set-reset. Appeal Flag Removed per Doc. 648. (Whitaker,
Sheniqua)
09/08/2011
649 Request for transcript regarding a hearing held on 9/1/2011. The requested
turn-around time is 7-day expedited (Harden, D.)
09/08/2011
650 BNC certificate of mailing - PDF document. (RE: related document(s) 648
Order granting) No. of Notices: 1. Notice Date 09/08/2011. (Admin.)
09/12/2011
651 Notice of R2019 Disclosures filed by Creditor Novo Point, LLC. (Schepps,
Gary)
652 Transcript regarding Hearing Held 09/01/11 RE: MOTION TO
STRIKE (DOC. 637). THIS TRANSCRIPT WILL BE MADE
ELECTRONICALLY AVAILABLE TO THE GENERAL PUBLIC 90 DAYS
AFTER THE DATE OF FILING. TRANSCRIPT RELEASE DATE IS
12/12/2011. Until that time the transcript may be viewed at the Clerk's Office or a
copy may be obtained from the official court transcriber. Court
Reporter/Transcriber eSribers, Telephone number 973-406-2250. (RE: related
document(s) Emergency hearing held on 9/1/2011. (RE: related document(s)637
Trustee's Motion to (I) Show Cause Why Christopher Payne and Gary Schepps
Should Not BeHeld in Contempt and Sanctioned; and (II) Strike Notices of Appeal
and Motion to Stay Sale Order ) Appearances: R. Urbanik (with Trustee Sherman)
for Trustee Sherman; D. Ruckman and P. Lowe for Receiver Vogel; J. Cox for
Novo Point, LLC; G. Schepps, for himself and purporting to be appellate counsel
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 143 of 200 PageID 147
USCA5 152
09/13/2011
for Novo Point, LLC; C. Payne for himself and purporting to be counsel for Novo
Point, LLC. Court granted, in substantial part, motion, based on oral reasoning on
the record. Court to issue its own order and set a show cause hearing for
approximately 45 days out.). Transcript to be made available to the public on
12/12/2011. (Kurtzer, Benjamin)
09/13/2011
653 Letter dated 9/13/2011 regarding appeals stricken Filed by Attorney
Munsch Hardt Kopf & Harr, P.C. (RE: related document(s)610 Notice of appeal .
Fee Amount $255 filed by Creditor Novo Point, LLC (RE: related document(s)605
Order (generic)). Appellant Designation due by 8/30/2011., 612 Notice of appeal .
Fee Amount $255 filed by Creditor Novo Point, LLC (RE: related document(s)607
Order on motion to sell). Appellant Designation due by 09/1/2011., 613
Notice of
appeal . Fee Amount $255 filed by Creditor Novo Point, LLC (RE: related
document(s)609 Order on motion to strike document). Appellant Designation due
by 09/1/2011., 614 Amended notice of appeal filed by Creditor Novo Point, LLC
(RE: related document(s)610 Notice of appeal).) (Blanco, J.) Modified on
9/22/2011 (Blanco, J.). (Entered: 09/22/2011)
09/14/2011
(private) Documents terminatedper order striking.(RE: Motions terminated(s)
610 Notice of appeal, 612 Notice of appeal 613 Notice of appeal614 Amended
notice of appeal., Notice of appeal)., 615 Motion to stay pending appeal. (Moroles,
D.)
09/30/2011
654 Trustee's monthly operating report for filing period 08/01/2011 to
08/31/2011 (Sherman, Daniel)
10/05/2011 655 Trustee's Individual Bond. $1,100,000.00 (Neary, William)
10/07/2011
656 Motion to sell property under Section 363(b) Filed by Trustee Daniel J.
Sherman (Attachments: # 1 Proposed Order) (Pannier, Lee)
10/07/2011
657 Application to employ Sedo.com, LLC as Broker Filed by Trustee Daniel J.
Sherman (Attachments: # 1
Proposed Order) (Pannier, Lee)
10/07/2011
658 Motion to sell property under Section 363(b) Filed by Trustee Daniel J.
Sherman (Attachments: # 1 Proposed Order) (Pannier, Lee)
10/07/2011
659 Notice of hearing filed by Trustee Daniel J. Sherman (RE: related
document(s)656
Motion to sell property under Section 363(b) Filed by Trustee
Daniel J. Sherman (Attachments: # 1 Proposed Order), 657
Application to employ
Sedo.com, LLC as Broker Filed by Trustee Daniel J. Sherman (Attachments: # 1
Proposed Order), 658 Motion to sell property under Section 363(b) Filed by
Trustee Daniel J. Sherman (Attachments: # 1 Proposed Order)). Hearing to be held
on 11/9/2011 at 09:30 AM Dallas Judge Jernigan Ctrm for 658 and for 657 and for
656
, (Pannier, Lee)
(private) Motions terminated per Order to show cause. (RE: related document(s)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 144 of 200 PageID 148
USCA5 153
10/12/2011
636 Receiver's Motion for order to show cause as to Why Christopher Payne and
Gary Schepps Should Not be Held in Contempt and Sanctioned Filed by Other
Professional Peter S. Vogel (Ruckman, Deirdre) Modified text on 8/23/2011
(Kucera, J.).) (Bibbs, P.)
10/13/2011
660 Notice of Appearance and Request for Notice and Service by Frances Anne
Smith filed by Creditor Christopher A. Payne. (Smith, Frances)
10/13/2011
Hearing held on 10/13/2011. (RE: related document(s)529 Status conference
re: Amended Application for administrative expenses filed by Creditor
PowersTaylor LLP ) Appearances: R. Urbanik for Chapter 11 Trustee; P. Loh for
Baron Receiver; G. Pronske for Pronske Patel firm; M. Taylor for Powers Taylor
firm; E. Taube for West firm and Hohmann Taube firm. Nonevidentiary hearing.
Court heard reports about continued pendency of Fifth Circuit appeals and
inactivity in District Court Receivership Action in light of Fifth Circuit appeals.
Last briefs due at Fifth Circuit approximately 11/1/11. Court to set another status
conference in approximately 90 days (Mr. Urbanek to contact CRD for setting).
(Garrison, Krystyl)
10/13/2011
Hearing held on 10/13/2011. (RE: related document(s)452 Status conference
re: Motion to Pay Attorneys Fees Pursuant to Supplemental Settlement Agreement
filed by Interested Party Hohmann, Taube & Summers, L.L.P. ) Appearances: R.
Urbanik for Chapter 11 Trustee; P. Loh for Baron Receiver; G. Pronske for
Pronske Patel firm; M. Taylor for Powers Taylor firm; E. Taube for West firm and
Hohmann Taube firm. Nonevidentiary hearing. Court heard reports about
continued pendency of Fifth Circuit appeals and inactivity in District Court
Receivership Action in light of Fifth Circuit appeals. Last briefs due at Fifth
Circuit approximately 11/1/11. Court to set another status conference in
approximately 90 days (Mr. Urbanek to contact CRD for setting). (Garrison,
Krystyl)
10/13/2011
Hearing held on 10/13/2011. (RE: related document(s)491 Status conference
re: Application for administrative expenses for a substantial contribution to the
estate filed by Attorney Pronske & Patel, P.C. ) Appearances: R. Urbanik for
Chapter 11 Trustee; P. Loh for Baron Receiver; G. Pronske for Pronske Patel firm;
M. Taylor for Powers Taylor firm; E. Taube for West firm and Hohmann Taube
firm. Nonevidentiary hearing. Court heard reports about continued pendency of
Fifth Circuit appeals and inactivity in District Court Receivership Action in light
of Fifth Circuit appeals. Last briefs due at Fifth Circuit approximately 11/1/11.
Court to set another status conference in approximately 90 days (Mr. Urbanek to
contact CRD for setting). (Garrison, Krystyl)
10/18/2011
661 Response opposed to (related document(s): 651 Notice (generic) filed by
Creditor Novo Point, LLC) filed by Trustee Daniel J. Sherman. (Pannier, Lee)
662 Response to show cause order Christopher A. Payne's Response to Order
to Show Cause Why He Should Not Be Held in Contempt, and Brief in Support
Thereof (related document(s): 648 Order on motion to strike document, Order on
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 145 of 200 PageID 149
USCA5 154
10/21/2011
motion to show cause) filed by Creditor Christopher A. Payne. (Attachments: # 1
Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5) (Smith, Frances)
10/21/2011
663 Witness and Exhibit List Part I with Exhibits 1 through 8 filed by Creditor
Christopher A. Payne (RE: related document(s)648
Order on motion to strike
document, Order on motion to show cause). (Attachments: # 1 Exhibit 1# 2
Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8
Exhibit 8) (Smith, Frances)
10/21/2011
664 Witness and Exhibit List Part 2 Exhibits 9 through 19 filed by Creditor
Christopher A. Payne (RE: related document(s)648 Order on motion to strike
document, Order on motion to show cause). (Attachments: # 1 Exhibit 9 - Part 1#
2 Exhibit 9- Part 2# 3 Exhibit 10# 4 Exhibit 11# 5 Exhibit 12# 6 Exhibit 13# 7
Exhibit 14# 8 Exhibit 15# 9 Exhibit 16# 10 Exhibit 17# 11 Exhibit 18# 12 Exhibit
19) (Smith, Frances)
10/23/2011
665 Supplemental Notice filed by Creditor Novo Point, LLC (RE: related
document(s)651 Notice of R2019 Disclosures filed by Creditor Novo Point,
LLC.). (Schepps, Gary)
10/23/2011
666 Verified statement pursuant to Rule 2019 filed by Creditor Christopher A.
Payne. (Smith, Frances)
10/24/2011
667 Witness and Exhibit List filed by Trustee Daniel J. Sherman (RE: related
document(s)648 Order on motion to strike document, Order on motion to show
cause). (Pannier, Lee)
10/24/2011
669 Hearing held on 10/24/2011., Hearing continued (RE: related document(s)
445 Show Cause Hearing for Christopher Payne and Gary Schepps) Appearances:
R. Urbanik and L. Pannier for Trustee D. Sherman; P. Loh and D. Ruckman for
Baron-Receiver P. Vogel; J. Cox for NovoPoint, LLC; J. McPete for
Manilla/NetSphere; N. LeBouef and F. Smith for C. Payne; G. Schepps for
himself. Evidentiary hearing. Court adjourned and continued matter to 11/15/11 at
1:30 pm. Hearing to be held on 11/15/2011 at 01:30 PM Dallas Judge Jernigan
Ctrm (Garrison, Krystyl) (Entered: 10/26/2011)
10/24/2011
695 Objections and Brief in Support RE: Bankruptcy Court Contempt
Proceedings Against Appellate Counsel. Bench filed at hearing on 10/24/2011 by
Attorney Gary N. Schepps . (Sauer, K.) (Entered: 11/16/2011)
741 Court admitted exhibits dates of hearing 10/24/2011, 11/15/2011, and
12/5/2011: Trustee Exhibits 1-13 and 21-28. Receiver Exhibits 1-2, 4 and 40. CAP
Exhibits 1-3, 9, 10, 12, 13, 16, 17, 19-22, and 25-33. Schepps Exhibits 1 and 2.
Receiver Exhibit 41 PREVIOUSLY FILED UNDER SEAL PER DOC. 740.
Receiver Exhibit 8 OFFERED, BUT NOT ADMITTED. (RE: related document(s)
648 Order granting(document # 637) Motion to Strike Notices of Appeal and
Motion to Stay Sale Order. Order Granting, in substantial part, Trustee's motion to
show cause Christopher Payne and Gary Schepps related document # 640). Show
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 146 of 200 PageID 150
USCA5 155
10/24/2011
Cause Hearing to be held on 10/24/2011 at 10:30 AM at Dallas Judge Jernigan
Ctrm. Entered on 9/6/2011. Show Cause Response due by 9/27/2011. Show Cause
hearing to be held on 10/24/2011 at 10:30 AM at Dallas Judge Jernigan Ctrm.)
(Harden, D.) (Entered: 12/27/2011)
10/25/2011
668 Request for transcript regarding a hearing held on 10/24/2011. The
requested turn-around time is 7-day expedited (Harden, D.)
10/26/2011
670 Trustee's monthly operating report for filing period 09/01/2011 to
09/30/2011 (Sherman, Daniel)
10/31/2011
671 Response opposed to (related document(s): 656 Motion to sell property
under Section 363(b) filed by Trustee Daniel J. Sherman) filed by Other
Professional Peter S. Vogel. (Attachments: # 1 Exhibit Exhibits A - B-3)
(Ruckman, Deirdre)
11/04/2011
672 Witness and Exhibit List filed by Trustee Daniel J. Sherman (RE: related
document(s)656 Motion to sell property under Section 363(b) , 657 Application to
employ Sedo.com, LLC as Broker , 658 Motion to sell property under Section 363
(b) ). (Pannier, Lee)
11/07/2011
673 Transcript regarding Hearing Held 10/04/11 RE: ORDER ON
MOTIONS TO SHOW CAUSE, ORDER ON MOTION TO STRIKE
DOCUMENT. THIS TRANSCRIPT WILL BE MADE ELECTRONICALLY
AVAILABLE TO THE GENERAL PUBLIC 90 DAYS AFTER THE DATE OF
FILING. TRANSCRIPT RELEASE DATE IS 02/6/2012. Until that time the
transcript may be viewed at the Clerk's Office or a copy may be obtained from the
official court transcriber. Court Reporter/Transcriber eSribers, Telephone number
973-406-2250. (RE: related document(s) 669 Hearing held on 10/24/2011.,
Hearing continued (RE: related document(s)445 Show Cause Hearing for
Christopher Payne and Gary Schepps) Appearances: R. Urbanik and L. Pannier for
Trustee D. Sherman; P. Loh and D. Ruckman for Baron-Receiver P. Vogel; J. Cox
for NovoPoint, LLC; J. McPete for Manilla/NetSphere; N. LeBouef and F. Smith
for C. Payne; G. Schepps for himself. Evidentiary hearing. Court adjourned and
continued matter to 11/15/11 at 1:30 pm. Hearing to be held on 11/15/2011 at
01:30 PM Dallas Judge Jernigan Ctrm). Transcript to be made available to the
public on 02/6/2012. (Kurtzer, Benjamin)
11/07/2011
674 Support/supplemental documentThe Receiver's Supplement to Response
and Reservation of Rights Related to Trustee's Motion for Authority to Sell
Property of the Estate filed by Other Professional Peter S. Vogel (RE: related
document(s)671
Response). (Ruckman, Deirdre)
11/07/2011
675 Response opposed to (related document(s): 658 Motion to sell property
under Section 363(b) filed by Trustee Daniel J. Sherman) filed by Other
Professional Peter S. Vogel. (Attachments: # 1
Exhibit A# 2 Exhibit B# 3 Exhibit
C# 4
Exhibit D) (Ruckman, Deirdre)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 147 of 200 PageID 151
USCA5 156
11/07/2011
676 Objection to (related document(s): 656 Motion to sell property under
Section 363(b) filed by Trustee Daniel J. Sherman) filed by Interested Party
Petfinders, LLC. (Schepps, Gary)
11/08/2011
677 Support/supplemental documentThe Receiver's Second Supplement to the
Receiver's Response and Reservation of Rights Related to Trustee's Motion for
Authority to Sell Property of the Estate filed by Other Professional Peter S. Vogel
(RE: related document(s)671 Response). (Ruckman, Deirdre)
11/08/2011
678 Motion to strike (related document(s): 676 Objection filed by Interested
Party Petfinders, LLC) The Receiver's Motion to Strike Pleading and Second
Motion to Show Cause as to Why Gary Schepps Should not be Held in Contempt
and Sanctioned Filed by Other Professional Peter S. Vogel (Ruckman, Deirdre)
11/08/2011
679 Motion for contempt against Gary Schepps The Receiver's Motion to Strike
Pleading and Second Motion to Show Cause as to Why Gary Schepps Should Not
be Held in Contempt and Sanctioned Filed by Other Professional Peter S. Vogel
(Ruckman, Deirdre)
11/09/2011
680 Support/supplemental documentThe Receiver's Third Supplement to the
Receiver's Respone and Reservation of Rights Related to Trustee's Motion for
Authority to Sell Property of the Estate filed by Other Professional Peter S. Vogel
(RE: related document(s)671 Response). (Ruckman, Deirdre)
11/09/2011
681 Notice The Receiver's Notice of the Fifth Circuit's Denial of Mr. Baron's
Latest Request to Stay or Dissolve the Receivership and to Retain Counsel to
Object to Sale of Servers.com filed by Other Professional Peter S. Vogel.
(Ruckman, Deirdre)
11/09/2011
682 Support/supplemental documentThe Receiver's Supplement to Response
and Reservation of Rights Related to Trustee's Motion for Authority to Sell
Property of the Estate-Servers.com filed by Other Professional Peter S. Vogel
(RE: related document(s)675
Response). (Ruckman, Deirdre)
11/09/2011
683 Notice of hearing filed by Other Professional Peter S. Vogel (RE: related
document(s)678 Motion to strike (related document(s): 676 Objection filed by
Interested Party Petfinders, LLC) The Receiver's Motion to Strike Pleading and
Second Motion to Show Cause as to Why Gary Schepps Should not be Held in
Contempt and Sanctioned Filed by Other Professional Peter S. Vogel, 679 Motion
for contempt against Gary Schepps The Receiver's Motion to Strike Pleading and
Second Motion to Show Cause as to Why Gary Schepps Should Not be Held in
Contempt and Sanctioned Filed by Other Professional Peter S. Vogel). Hearing to
be held on 11/15/2011 at 01:30 PM Dallas Judge Jernigan Ctrm for 678 and for
679
, (Ruckman, Deirdre)
684 Court admitted exhibits date of hearing 11/9/2011: Trustee Exhibits 1-13.
Receiver Exhibits 1, 2, and 3. OFFERED, BUT NOT ADMITTED: Receiver
Exhibit 4. (RE: related document(s)656 Motion to sell property under Section 363
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 148 of 200 PageID 152
USCA5 157
11/09/2011
(b) Filed by Trustee Daniel J. Sherman (Attachments: # 1 Proposed Order), 657
Application to employ Sedo.com, LLC as Broker Filed by Trustee Daniel J.
Sherman (Attachments: # 1 Proposed Order), 658 Motion to sell property under
Section 363(b) Filed by Trustee Daniel J. Sherman (Attachments: # 1 Proposed
Order)) (Harden, D.)
11/09/2011
Hearing held on 11/9/2011. (RE: related document(s)657 Application to
employ Sedo.com, LLC as Broker filed by Trustee Daniel J. Sherman )
Appearances: R. Urbanek for Trustee Sherman; B. Golden and P. Loh for Receiver
Vogel; G. Schepps for a newly created entity referred to as Petfinders, LLC; J.
Rothleder (telephonically) for Discovery Communications, LLC. Evidentiary
hearing. Application granted. Counsel to upload order. (Garrison, Krystyl)
(Entered: 11/10/2011)
11/09/2011
Hearing held on 11/9/2011. (RE: related document(s)658 Motion to sell
property under Section 363(b) filed by Trustee Daniel J. Sherman ) Appearances:
R. Urbanek for Trustee Sherman; B. Golden and P. Loh for Receiver Vogel; G.
Schepps for a newly created entity referred to as Petfinders, LLC; J. Rothleder
(telephonically) for Discovery Communications, LLC. Evidentiary hearing.
Motion granted. Counsel to upload order. (Garrison, Krystyl) (Entered:
11/10/2011)
11/09/2011
Hearing held on 11/9/2011. (RE: related document(s)656 Motion to sell
property under Section 363(b) filed by Trustee Daniel J. Sherman ) Appearances:
R. Urbanek for Trustee Sherman; B. Golden and P. Loh for Receiver Vogel; G.
Schepps for a newly created entity referred to as Petfinders, LLC; J. Rothleder
(telephonically) for Discovery Communications, LLC. Evidentiary hearing.
Motion granted. Counsel to upload order. (Garrison, Krystyl) (Entered:
11/10/2011)
11/10/2011
685 Request for transcript regarding a hearing held on 11/9/2011. The requested
turn-around time is hourly (Garrison, Krystyl)
11/10/2011
686 Support/supplemental documentThe Receiver's Supplemental Evidence in
Support of His Motion to Strike Pleading and Second Motion to Show Cause as to
Why Gary Schepps Should not be Held in Contempt and Sanctioned filed by Other
Professional Peter S. Vogel (RE: related document(s)679
Motion for contempt
against Gary Schepps The Receiver's Motion to Strike Pleading and Second
Motion to Show Cause as to Why Gary Schepps Should Not be Held in Contempt
and Sanctioned). (Ruckman, Deirdre)
687 Transcript regarding Hearing Held 11/09/2011 (107 pgs.) RE: Motions
to Sell Property; Application to Employ. THIS TRANSCRIPT WILL BE MADE
ELECTRONICALLY AVAILABLE TO THE GENERAL PUBLIC 90 DAYS
AFTER THE DATE OF FILING. TRANSCRIPT RELEASE DATE IS 02/9/2012.
Until that time the transcript may be viewed at the Clerk's Office or a copy may be
obtained from the official court transcriber. Court Reporter/Transcriber Kathy
Rehling, kathy.rehling@tx.rr.com, Telephone number 972-304-1998. (RE: related
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 149 of 200 PageID 153
USCA5 158
11/11/2011
document(s) Hearing held on 11/9/2011. (RE: related document(s)657 Application
to employ Sedo.com, LLC as Broker filed by Trustee Daniel J. Sherman )
Appearances: R. Urbanek for Trustee Sherman; B. Golden and P. Loh for Receiver
Vogel; G. Schepps for a newly created entity referred to as Petfinders, LLC; J.
Rothleder (telephonically) for Discovery Communications, LLC. Evidentiary
hearing. Application granted. Counsel to upload order., Hearing held on
11/9/2011. (RE: related document(s)658 Motion to sell property under Section 363
(b) filed by Trustee Daniel J. Sherman ) Appearances: R. Urbanek for Trustee
Sherman; B. Golden and P. Loh for Receiver Vogel; G. Schepps for a newly
created entity referred to as Petfinders, LLC; J. Rothleder (telephonically) for
Discovery Communications, LLC. Evidentiary hearing. Motion granted. Counsel
to upload order., Hearing held on 11/9/2011. (RE: related document(s)656 Motion
to sell property under Section 363(b) filed by Trustee Daniel J. Sherman )
Appearances: R. Urbanek for Trustee Sherman; B. Golden and P. Loh for Receiver
Vogel; G. Schepps for a newly created entity referred to as Petfinders, LLC; J.
Rothleder (telephonically) for Discovery Communications, LLC. Evidentiary
hearing. Motion granted. Counsel to upload order.). Transcript to be made
available to the public on 02/9/2012. (Rehling, Kathy)
11/11/2011
688 Support/supplemental document[Corrected Version] The Receiver's
Supplemental Evidence in Support of His Motion to Strike Pleading and Second
Motion to Show Cause as to why Gary Schepps Should not be Held in Contempt
and Sanctioned filed by Other Professional Peter S. Vogel (RE: related document
(s)686 Support/supplemental document). (Ruckman, Deirdre)
11/11/2011
Proposed order regarding Motion to Sell (RE: related document(s)658 Motion
to sell property under Section 363(b) Filed by Trustee Daniel J. Sherman
(Attachments: # 1 Proposed Order)). Document uploaded on 11/11/2011 (Ref-ID:
1320275438265_1722). (Pannier, Lee)
11/11/2011
Proposed order regarding Application to Employ (RE: related document(s)657
Application to employ Sedo.com, LLC as Broker Filed by Trustee Daniel J.
Sherman (Attachments: # 1 Proposed Order)). Document uploaded on 11/11/2011
(Ref-ID: 1320275438265_1723). (Pannier, Lee)
11/14/2011
Proposed order regarding Motion to Sell (RE: related document(s)656 Motion
to sell property under Section 363(b) Filed by Trustee Daniel J. Sherman
(Attachments: # 1 Proposed Order)). Document uploaded on 11/14/2011 (Ref-ID:
1320275438265_1921). (Pannier, Lee)
11/14/2011
689 Reply to (related document(s): 662 Response to show cause order filed by
Creditor Christopher A. Payne) filed by Trustee Daniel J. Sherman. (Attachments:
# 1
Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E) (Pannier, Lee)
11/14/2011
690 Notice The Receiver's Notice of the Fifth Circuit's Denial of Mr. Baron's
Request to Stay Bankruptcy Order to Sell Petfinders.com filed by Other
Professional Peter S. Vogel. (Ruckman, Deirdre)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 150 of 200 PageID 154
USCA5 159
11/14/2011
691 Order granting trustee's motion to sell property of the estate (related
document # 658) Entered on 11/14/2011. (Moroles, D.)
11/14/2011
692 Order granting application to employ Sedo.com,LLC as Broker (related
document # 657
) Entered on 11/14/2011. (Moroles, D.)
11/15/2011
693 Order Granting Motion to sell property under Section 363(b)(related
document # 656) Entered on 11/15/2011. (Moroles, D.)
11/15/2011
697 ORDER of USCA Re: Civil Case # 3:09-CV-988-F: Cricuit Case # 10-
11202. IT IS ORDERED that the Emergency Motion of Appellant Novo Point
L.L.C. to stay bankruptcy court order to sell Petfinders.com is GRANTED to the
following extent: the bankruptcy court's order of November 14, 2011 is STAYED
until further order of this court. Any response to the motion shall be filed no later
than November 21, 2011. Entered on 11/15/2011. (Sauer, K.) (Entered:
11/17/2011)
11/15/2011
713 Hearing held on 11/15/2011., Hearing continued (RE: related document(s)
640 Continued Show Cause Hearing for Christopher Payne and Gary Schepps )
Appearances: R. Urbanik and L. Pannier for Trustee, Sherman; P. Loh and B.
Golden for Receiver, P. Vogel; J. McPete for NetSphere; N. LeBoeuf and F. Smith
for C. Payne; G. Schepps for himself. Evidentiary hearing. Court recessed until
12/5/11 at 1:30 pm. Hearing to be held on 12/5/2011 at 01:30 PM Dallas Judge
Jernigan Ctrm (Garrison, Krystyl) (Entered: 11/29/2011)
11/15/2011
714 Hearing held on 11/15/2011., Hearing continued (RE: related document(s)
678 The Receiver's Motion to Strike Pleading and Second Motion to Show Cause
as to Why Gary Schepps Should Not be Held in Contempt and Sanctioned )
Appearances: R. Urbanik and L. Pannier for Trustee, Sherman; P. Loh and B.
Golden for Receiver, P. Vogel; J. McPete for NetSphere; N. LeBoeuf and F. Smith
for C. Payne; G. Schepps for himself. Evidentiary hearing. Court recessed until
12/5/11 at 1:30 pm. Hearing to be held on 12/5/2011 at 01:30 PM Dallas Judge
Jernigan Ctrm for 679
and for 678, (Garrison, Krystyl) (Entered: 11/29/2011)
11/16/2011
694 Request for transcript (Testimony of Lisa Katz only) regarding a hearing
held on 11/15/2011. The requested turn-around time is daily (Harden, D.)
11/16/2011
696 BNC certificate of mailing - PDF document. (RE: related document(s)692
Order granting application to employ Sedo.com,LLC as Broker) No. of Notices: 1.
Notice Date 11/16/2011. (Admin.)
11/17/2011
698 Request for transcript (full hearing) regarding a hearing held on
11/15/2011. The requested turn-around time is 7-day expedited (Harden, D.)
699 Application for compensation Sixth Interim Application for the Allowance
of Fees and Expenses for Munsch Hardt Kopf & Harr, P.C., Trustee's Attorney,
Period: 6/1/2011 to 9/30/2011, Fee: $369,499.50, Expenses: $9,778.95. Filed by
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 151 of 200 PageID 155
USCA5 160
11/21/2011
Attorney Munsch Hardt Kopf & Harr, P.C. Objections due by 12/15/2011.
(Attachments: # 1 Exhibit A# 2 Exhibit B-1# 3 Exhibit B-2# 4 Exhibits C, D, E,
and F# 5 Exhibit G# 6 Exhibit H# 7 Service List) (Urbanik, Raymond)
11/22/2011
700 Notice of hearing filed by Attorney Munsch Hardt Kopf & Harr, P.C. (RE:
related document(s)699 Application for compensation Sixth Interim Application
for the Allowance of Fees and Expenses for Munsch Hardt Kopf & Harr, P.C.,
Trustee's Attorney, Period: 6/1/2011 to 9/30/2011, Fee: $369,499.50, Expenses:
$9,778.95. Filed by Attorney Munsch Hardt Kopf & Harr, P.C. Objections due by
12/15/2011. (Attachments: # 1 Exhibit A# 2 Exhibit B-1# 3 Exhibit B-2# 4
Exhibits C, D, E, and F# 5 Exhibit G# 6 Exhibit H# 7 Service List)). Hearing to be
held on 12/19/2011 at 01:30 PM Dallas Judge Jernigan Ctrm for 699,
(Attachments: # 1 Limited Service List) (Urbanik, Raymond)
11/22/2011
701 Application for compensation and reimbursement of expenses - FIRST
INTERIM APPLICATION for Sherman & Yaquinto, LLP, Trustee's Attorney,
Period: 9/14/2009 to 3/2/2010, Fee: $174632.50, Expenses: $0. Filed by Trustee
Sherman & Yaquinto, LLP Objections due by 12/16/2011. (Sherman, Daniel)
11/22/2011
702 Notice of Filing Sherman & Yaquinto, LLP's First Interim Application for
Fees and Expenses filed by Attorney Sherman & Yaquinto, LLP (RE: related
document(s)701 Application for compensation and reimbursement of expenses -
FIRST INTERIM APPLICATION for Sherman & Yaquinto, LLP, Trustee's
Attorney, Period: 9/14/2009 to 3/2/2010, Fee: $174632.50, Expenses: $0. Filed by
Trustee Sherman & Yaquinto, LLP Objections due by 12/16/2011.). (Sherman,
Daniel)
11/22/2011
703 Notice of hearingand Certificate of Mailing filed by Attorney Sherman &
Yaquinto, LLP (RE: related document(s)701 Application for compensation and
reimbursement of expenses - FIRST INTERIM APPLICATION for Sherman &
Yaquinto, LLP, Trustee's Attorney, Period: 9/14/2009 to 3/2/2010, Fee:
$174632.50, Expenses: $0. Filed by Trustee Sherman & Yaquinto, LLP
Objections due by 12/16/2011.). Hearing to be held on 12/19/2011 at 01:30 PM
Dallas Judge Jernigan Ctrm for 701
, (Sherman, Daniel)
11/28/2011
704 Notice of appeal . Fee Amount $298 filed by Creditor Novo Point, LLC,
Interested Party Petfinders, LLC (RE: related document(s)693
Order on motion to
sell). Appellant Designation due by 12/12/2011. (Schepps, Gary)
11/28/2011
Receipt of filing fee for Notice of appeal(09-34784-sgj11) [appeal,ntcapl]
( 298.00). Receipt number 14581309, amount $ 298.00. (U.S. Treasury)
11/28/2011
705 Notice of appeal . Fee Amount $298 filed by Interested Party Jeffrey Baron
(RE: related document(s)691
Order on motion to sell). Appellant Designation due
by 12/12/2011. (Schepps, Gary)
11/28/2011
Receipt of filing fee for Notice of appeal(09-34784-sgj11) [appeal,ntcapl]
( 298.00). Receipt number 14581347, amount $ 298.00. (U.S. Treasury)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 152 of 200 PageID 156
USCA5 161
11/29/2011 706 (private) Forms (misc) (Sauer, K.)
11/29/2011
707 Certificate of mailing regarding appeal (RE: related document(s)704 Notice
of appeal (RE: related document(s)693
Order on motion to sell)). (Attachments: #
1
Service List) (Sauer, K.)
11/29/2011 708 (private) Forms (misc) (Sauer, K.)
11/29/2011
709 Notice of hearingNotice of Continued Hearing filed by Interested Party
Peter S. Vogel (RE: related document(s)678 Motion to strike (related document(s):
676 Objection filed by Interested Party Petfinders, LLC) The Receiver's Motion to
Strike Pleading and Second Motion to Show Cause as to Why Gary Schepps
Should not be Held in Contempt and Sanctioned Filed by Other Professional Peter
S. Vogel, 679 Motion for contempt against Gary Schepps The Receiver's Motion
to Strike Pleading and Second Motion to Show Cause as to Why Gary Schepps
Should Not be Held in Contempt and Sanctioned Filed by Other Professional Peter
S. Vogel). Hearing to be held on 12/5/2011 at 01:30 PM Dallas Judge Jernigan
Ctrm for 678 and for 679, (Ruckman, Deirdre)
11/29/2011
710 Certificate of mailing regarding appeal (RE: related document(s)705 Notice
of appeal (RE: related document(s)691 Order on motion to sell)). (Attachments: #
1 Service List) (Sauer, K.)
11/29/2011
711 Notice of guidelines regarding appeals to the U.S. District Court. (RE:
related document(s)704 Notice of appeal (RE: related document(s)693 Order on
motion to sell)). (Sauer, K.) Modified to correct linkage on 11/29/2011 (Sauer,
K.).
11/29/2011
712 Notice of guidelines regarding appeals to the U.S. District Court. (RE:
related document(s)705 Notice of appeal (RE: related document(s)691 Order on
motion to sell)). (Sauer, K.)
715 Transcript regarding Hearing Held 11/15/11 RE: CONTINUED
SHOW CAUSE HEARING. THIS TRANSCRIPT WILL BE MADE
ELECTRONICALLY AVAILABLE TO THE GENERAL PUBLIC 90 DAYS
AFTER THE DATE OF FILING. TRANSCRIPT RELEASE DATE IS
02/28/2012. Until that time the transcript may be viewed at the Clerk's Office or a
copy may be obtained from the official court transcriber. Court
Reporter/Transcriber Transcripts Plus, Inc., Telephone number
CourtTranscripts@aol.com 215-862-1115. (RE: related document(s) 713 Hearing
held on 11/15/2011., Hearing continued (RE: related document(s)640 Continued
Show Cause Hearing for Christopher Payne and Gary Schepps )Appearances: R.
Urbanik and L. Pannier for Trustee, Sherman; P. Loh and B. Golden for Receiver,
P. Vogel; J. McPete for NetSphere; N. LeBoeuf and F. Smith for C. Payne; G.
Schepps for himself. Evidentiary hearing. Court recessed until 12/5/11 at 1:30 pm.
Hearing to be held on 12/5/2011 at 01:30 PM Dallas Judge Jernigan Ctrm, 714
Hearing held on 11/15/2011., Hearing continued (RE: related document(s)678
The
Receiver's Motion to Strike Pleading and Second Motion to Show Cause as to
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 153 of 200 PageID 157
USCA5 162
11/30/2011
Why Gary Schepps Should Not be Held in Contempt and Sanctioned )
Appearances: R. Urbanik and L. Pannier for Trustee, Sherman; P. Loh and B.
Golden for Receiver, P. Vogel; J. McPete for NetSphere; N. LeBoeuf and F. Smith
for C. Payne; G. Schepps for himself. Evidentiary hearing. Court recessed until
12/5/11 at 1:30 pm. Hearing to be held on 12/5/2011 at 01:30 PM Dallas Judge
Jernigan Ctrm for 679 and for 678,). Transcript to be made available to the public
on 02/28/2012. (Hartmann, Karen)
11/30/2011
716 Transcript regarding Hearing Held 11/15/11 RE: TESTIMONY OF
MS. KATZ IN THE ORDER TO SHOW CAUSE HEARING. THIS
TRANSCRIPT WILL BE MADE ELECTRONICALLY AVAILABLE TO THE
GENERAL PUBLIC 90 DAYS AFTER THE DATE OF FILING. TRANSCRIPT
RELEASE DATE IS 02/28/2012. Until that time the transcript may be viewed at
the Clerk's Office or a copy may be obtained from the official court transcriber.
Court Reporter/Transcriber Transcripts Plus, Inc., Telephone number
CourtTranscripts@aol.com 215-862-1115. (RE: related document(s) 713 Hearing
held on 11/15/2011., Hearing continued (RE: related document(s)640 Continued
Show Cause Hearing for Christopher Payne and Gary Schepps )Appearances: R.
Urbanik and L. Pannier for Trustee, Sherman; P. Loh and B. Golden for Receiver,
P. Vogel; J. McPete for NetSphere; N. LeBoeuf and F. Smith for C. Payne; G.
Schepps for himself. Evidentiary hearing. Court recessed until 12/5/11 at 1:30 pm.
Hearing to be held on 12/5/2011 at 01:30 PM Dallas Judge Jernigan Ctrm, 714
Hearing held on 11/15/2011., Hearing continued (RE: related document(s)678 The
Receiver's Motion to Strike Pleading and Second Motion to Show Cause as to
Why Gary Schepps Should Not be Held in Contempt and Sanctioned )
Appearances: R. Urbanik and L. Pannier for Trustee, Sherman; P. Loh and B.
Golden for Receiver, P. Vogel; J. McPete for NetSphere; N. LeBoeuf and F. Smith
for C. Payne; G. Schepps for himself. Evidentiary hearing. Court recessed until
12/5/11 at 1:30 pm. Hearing to be held on 12/5/2011 at 01:30 PM Dallas Judge
Jernigan Ctrm for 679 and for 678,). Transcript to be made available to the public
on 02/28/2012. (Hartmann, Karen)
12/01/2011
717 Trustee's monthly operating report for filing period 10/01/2011 to
10/31/2011 (Sherman, Daniel)
12/05/2011
718 Response opposed to (related document(s): 679 Motion for contempt
against Gary Schepps The Receiver's Motion to Strike Pleading and Second
Motion to Show Cause as to Why Gary Schepps Should Not be Held in Contempt
and Sanctioned filed by Interested Party Peter S. Vogel) filed by Interested Party
Petfinders, LLC. (Schepps, Gary)
12/05/2011
719 Motion to stay pending appeal (related documents 693 Order on motion to
sell) Filed by Interested Party Petfinders, LLC (Attachments: # 1 Exhibit A-G for
Stay) (Schepps, Gary)
12/05/2011
720 Motion for expedited hearing(related documents 719 Motion to stay
pending appeal) Filed by Interested Party Petfinders, LLC (Schepps, Gary)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 154 of 200 PageID 158
USCA5 163
12/05/2011
Proposed order regarding Order Enjoining Attorney Gary Schepps (RE:
related document(s)678 Motion to strike (related document(s): 676 Objection filed
by Interested Party Petfinders, LLC) The Receiver's Motion to Strike Pleading and
Second Motion to Show Cause as to Why Gary Schepps Should not be Held in
Contempt and Sanctioned Filed by Other Professional Peter S. Vogel). Document
uploaded on 12/5/2011 (Ref-ID: 1321731246897_2987). (Pannier, Lee)
12/05/2011
Hearing held on 12/5/2011. (RE: related document(s)678 Continued Show
Cause Hearing for Christopher Payne and Gary Schepps The Receiver's Motion to
Strike Pleading 679 Second Motion to Show Cause as to Why Gary Schepps
Should Not be Held in Contempt and Sanctioned ) Appearances: R. Urbanik for
Chapter 11 Trustee D. Sherman; P. Loh and B. Golden for Receiver P. Vogel; J.
McPete (and R. Puri, telephonically) for Manilla/NetSphere; N. LeBoeuf for C.
Payne; G. Schepps for himself. Evidentiary hearing. Court took motions under
advisement but will issue injunction/bar order as to G. Schepps as to future
appearances/participation in Ondova bankruptcy case on behalf of J. Baron or any
other entity. Counsel to upload a form of order for the court to edit in this regard.
(Garrison, Krystyl) (Entered: 12/07/2011)
12/05/2011
740 Court admitted exhibits date of hearing 12/5/2011: Receiver Exhibit 41 -
EXHIBIT FILED UNDER SEAL PER ORDER DOC. 730 (RE: related document
(s)648 Order granting (RE: related document(s)648 Order granting(document #
637) Motion to Strike Notices of Appeal and Motion to Stay Sale Order. Order
Granting, in substantial part, Trustee's motion to show cause Christopher Payne
and Gary Schepps related document # 640). Show Cause Hearing to be held on
10/24/2011 at 10:30 AM at Dallas Judge Jernigan Ctrm. Entered on 9/6/2011.
Show Cause Response due by 9/27/2011. Show Cause hearing to be held on
10/24/2011 at 10:30 AM at Dallas Judge Jernigan Ctrm.) (Harden, D.) (Entered:
12/27/2011)
12/07/2011
721 Request for transcript regarding a hearing held on 12/5/2011. The requested
turn-around time is daily (Harden, D.)
12/07/2011
722 Brief in opposition filed by Creditor Christopher A. Payne (RE: related
document(s)648
Order on motion to strike document, Order on motion to show
cause). (Smith, Frances)
12/08/2011
723 Brief in support filed by Trustee Daniel J. Sherman (RE: related document
(s)648
Order on motion to strike document, Order on motion to show cause).
(Pannier, Lee)
12/09/2011
724 Response opposed to (related document(s): 722 Brief filed by Creditor
Christopher A. Payne) filed by Manila Industries, Inc., Netsphere, Inc..
(Attachments: # 1
Case law in support) (MacPete, John)
725 Transcript regarding Hearing Held 12/05/11 RE: Vol. III of the show
cause hearing for C. Payne and G. Schepps; receiver's motion to strike pleading
and second motion on the show cause issue. THIS TRANSCRIPT WILL BE
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 155 of 200 PageID 159
USCA5 164
12/10/2011
MADE ELECTRONICALLY AVAILABLE TO THE GENERAL PUBLIC 90
DAYS AFTER THE DATE OF FILING. TRANSCRIPT RELEASE DATE IS
03/9/2012. Until that time the transcript may be viewed at the Clerk's Office or a
copy may be obtained from the official court transcriber. Court
Reporter/Transcriber Palmer Reporting Services, Telephone number
PalmerRptg@aol.com, 800-665-6251. (RE: related document(s) Hearing held on
12/5/2011. (RE: related document(s)678 Continued Show Cause Hearing for
Christopher Payne and Gary Schepps The Receiver's Motion to Strike Pleading
679 Second Motion to Show Cause as to Why Gary Schepps Should Not be Held
in Contempt and Sanctioned ) Appearances: R. Urbanik for Chapter 11 Trustee D.
Sherman; P. Loh and B. Golden for Receiver P. Vogel; J. McPete (and R. Puri,
telephonically) for Manilla/NetSphere; N. LeBoeuf for C. Payne; G. Schepps for
himself. Evidentiary hearing. Court took motions under advisement but will issue
injunction/bar order as to G. Schepps as to future appearances/participation in
Ondova bankruptcy case on behalf of J. Baron or any other entity. Counsel to
upload a form of order for the court to edit in this regard.). Transcript to be made
available to the public on 03/9/2012. (Palmer, Susan)
12/12/2011
726 Statement of issues on appeal,, Appellant designation of contents for
inclusion in record on appeal and statement of issues on appeal. filed by Interested
Party Jeffrey Baron (RE: related document(s)705 Notice of appeal). Appellee
designation due by 12/27/2011. (Schepps, Gary)
12/12/2011
727 Statement of issues on appeal,, Appellant designation of contents for
inclusion in record on appeal and statement of issues on appeal. filed by Creditor
Novo Point, LLC, Interested Party Petfinders, LLC (RE: related document(s)704
Notice of appeal). Appellee designation due by 12/27/2011. (Schepps, Gary)
12/13/2011
(private) Deadlines terminated. Transcript released for public viewing.
(Garrison, Krystyl)
12/15/2011
728 Order Barring Attorney Gary Schepps from Appearing/Participating further
in Ondova Limited Company Bankruptcy Case. Ordered that the Clerk of the
United States Bankruptcy Court for the Northern District of Texas is Directed to
Remove any Pleadings and/or Appeals filed by Gary Schepps electronically as
soon as they are filed, further condition per order (related document # 678,679
Motion for contempt against Gary Schepps The Receiver's Motion to Strike
Pleading and Second Motion to Show Cause as to Why Gary Schepps Should Not
be Held in Contempt and Sanctioned ). Entered on 12/15/2011. (Moroles, D.)
12/15/2011
729 Objection to (related document(s): 699 Application for compensation Sixth
Interim Application for the Allowance of Fees and Expenses for Munsch Hardt
Kopf & Harr, P.C., Trustee's Attorney, Period: 6/1/2011 to 9/30/2011, Fee:
$369,499.50, Expenses: $9,778.95. filed by Attorney Munsch Hardt Kopf & Harr,
P.C.) filed by Attorney Pronske & Patel, P.C.. (Attachments: # 1
Exhibit A# 2
Exhibit B# 3 Exhibit C) (Pronske, Gerrit)
(private) Proposed Order Sealing Exhibit Receiver's Exhibit 41 Document
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 156 of 200 PageID 160
USCA5 165
12/16/2011 uploaded on 12/16/2011 (Ref-ID: 1324048673637_7). (Schultz, Laura)
12/16/2011
730 Order Sealing Reciever's Exhibit 41 Entered on 12/16/2011 (RE: related
document(s)648
Order on motion to strike document, Order on motion to show
cause, 678
Motion to strike document filed by Interested Party Peter S. Vogel, 679
Motion for Contempt filed by Interested Party Peter S. Vogel). (Jones, A.)
12/16/2011
731 Objection to (related document(s): 701 Application for compensation and
reimbursement of expenses - FIRST INTERIM APPLICATION for Sherman &
Yaquinto, LLP, Trustee's Attorney, Period: 9/14/2009 to 3/2/2010, Fee:
$174632.50, Expenses: $0. filed by Attorney Sherman & Yaquinto, LLP)
Receiver's Objection Related to First Interim Fee Application of Sherman &
Yaquinto, L.L.P. for Allowance of Attorney's Fees and Reimbursement of Expenses
filed by Interested Party Peter S. Vogel. (Ruckman, Deirdre)
12/16/2011
732 Objection to (related document(s): 699 Application for compensation Sixth
Interim Application for the Allowance of Fees and Expenses for Munsch Hardt
Kopf & Harr, P.C., Trustee's Attorney, Period: 6/1/2011 to 9/30/2011, Fee:
$369,499.50, Expenses: $9,778.95. filed by Attorney Munsch Hardt Kopf & Harr,
P.C.) filed by Interested Party Peter S. Vogel. (Ruckman, Deirdre)
12/16/2011
733 Application for compensation and reimbursement of expenses for Lain
Faulkner & Co., PC, Accountant, Period: 9/17/2009 to 10/31/2011, Fee:
$33346.50, Expenses: $302.85. Filed by Trustee Daniel J. Sherman Objections
due by 1/9/2012. (Sherman, Daniel)
12/16/2011
734 Notice of hearing and Notice of Filing of Lain Faulkner & Co's Application
for Compensation and Expenses filed by Trustee Daniel J. Sherman (RE: related
document(s)733 Application for compensation and reimbursement of expenses for
Lain Faulkner & Co., PC, Accountant, Period: 9/17/2009 to 10/31/2011, Fee:
$33346.50, Expenses: $302.85. Filed by Trustee Daniel J. Sherman Objections
due by 1/9/2012.). Hearing to be held on 1/30/2012 at 01:30 PM Dallas Judge
Jernigan Ctrm for 733
, (Sherman, Daniel)
12/17/2011
735 BNC certificate of mailing - PDF document. (RE: related document(s)728
Order Barring Attorney Gary Schepps from Appearing/Participating further in
Ondova Limited Company Bankruptcy Case. Ordered that the Clerk of the United
States Bankruptcy Court for the Northern District of Texas is Directed to Remove
any Pleadings and/or Appeals filed by Gary Schepps electronically as soon as they
are filed, further condition per order) No. of Notices: 1. Notice Date 12/17/2011.
(Admin.) (Entered: 12/18/2011)
12/18/2011
736 BNC certificate of mailing - PDF document. (RE: related document(s)730
Order Sealing Reciever's Exhibit 41 Entered on 12/16/2011) No. of Notices: 1.
Notice Date 12/18/2011. (Admin.) (Entered: 12/19/2011)
Hearing held on 12/19/2011. (RE: related document(s)699 Sixth Interim
Application for the Allowance of Fees and Expenses for Munsch Hardt Kopf
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 157 of 200 PageID 161
USCA5 166
12/19/2011
&Harr, P.C., Trustee's Attorney ) Appearances: R. Urbanik for the Trustee;
Trustee D. Sheman; P. Loh for Receiver Vogel; G. Pronske for himself.
Evidentiary hearing. Application granted (with only $175,000 payable now;
remainder may be paid when estate realizes more cash from sales or tax refund).
Counsel to upload order. (Garrison, Krystyl) (Entered: 12/23/2011)
12/19/2011
Hearing held on 12/19/2011. (RE: related document(s)701 First Interim
Application for compensation and reimbursement of expenses for Sherman
&Yaquinto, LLP, Trustee's Attorney ) Appearances: R. Urbanik for the Trustee;
Trustee D. Sheman; P. Loh for Receiver Vogel; G. Pronske for himself.
Evidentiary hearing. Application granted. Counsel to upload order. (Garrison,
Krystyl) (Entered: 12/23/2011)
12/20/2011
Proposed order regarding Sixth Interim Fee Application of Munsch Hardt
Kopf & Harr, P.C. (RE: related document(s)699 Application for compensation
Sixth Interim Application for the Allowance of Fees and Expenses for Munsch
Hardt Kopf & Harr, P.C., Trustee's Attorney, Period: 6/1/2011 to 9/30/2011, Fee:
$369,499.50, Expenses: $9,778.95. Filed by Attorney Munsch Hardt Kopf & Harr,
P.C. Objections due by 12/15/2011. (Attachments: # 1 Exhibit A# 2 Exhibit B-1#
3 Exhibit B-2# 4 Exhibits C, D, E, and F# 5 Exhibit G# 6 Exhibit H# 7 Service
List)). Document uploaded on 12/20/2011 (Ref-ID: 1324343845374_38).
(Urbanik, Raymond)
12/20/2011
737 Order granting Sixth Interim Application for the Allowance of Fees and
Expenses (related document # 699) granting for Munsch Hardt Kopf & Harr, P.C.,
fees awarded: $369499.50, expenses awarded: $9778.95 Entered on 12/20/2011.
(Moroles, D.)
12/20/2011
Proposed order regarding Order Approving First Interim Application fo
Sherman & Yaquinto, L.L.P. for Allowance of Attorney's Fees and
Reimbursement of Expenses (RE: related document(s)701 Application for
compensation and reimbursement of expenses - FIRST INTERIM APPLICATION
for Sherman & Yaquinto, LLP, Trustee's Attorney, Period: 9/14/2009 to 3/2/2010,
Fee: $174632.50, Expenses: $0. Filed by Trustee Sherman & Yaquinto, LLP
Objections due by 12/16/2011.). Document uploaded on 12/20/2011 (Ref-ID:
1324343845374_278). (Sherman, Daniel)
12/23/2011
738 Order granting first interim application for compensation (related document
# 701
) granting for for Sherman & Yaquinto, LLP, Trustee's Attorney fees
awarded: $174632.50, expenses awarded: $0.00 Entered on 12/23/2011. (Moroles,
D.)
12/25/2011
739 BNC certificate of mailing - PDF document. (RE: related document(s)738
Order granting first interim application for compensation) No. of Notices: 1.
Notice Date 12/25/2011. (Admin.) (Entered: 12/26/2011)
(private) Motions terminated per order barring attorney and striking all
pleadings filed by this attorney 728
. (RE: related document(s), ) (RE: related
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 158 of 200 PageID 162
USCA5 167
12/27/2011
document(s)719 Motion to stay pending appeal (related documents 693 Order on
motion to sell) Filed by Interested Party Petfinders, LLC (Attachments: # 1
Exhibit A-G for Stay), 720 Motion for expedited hearing(related documents 719
Motion to stay pending appeal) Filed by Interested Party Petfinders, LLC) (Bibbs,
P.)
12/28/2011
742 Notice of appeal . Fee Amount $298 filed by Interested Parties Jeffrey
Baron, Petfinders, LLC, Creditor Novo Point, LLC, Attorney Gary N. Schepps
(RE: related document(s)728 Order on motion for contempt). Appellant
Designation due by 01/11/2012. (Schepps, Gary)
12/28/2011
Receipt of filing fee for Notice of appeal(09-34784-sgj11) [appeal,ntcapl]
( 298.00). Receipt number 14775410, amount $ 298.00. (U.S. Treasury)
01/03/2012
(private) Proposed ORDER CLARIFYING ORDER BARRING ATTORNEY
GARY SCHEPPS FROM APPEARING/PARTICIPATING Document uploaded
on 1/3/2012 (Ref-ID: 1325277075348_419). (Davis, T.)
01/04/2012
743 Objection to (related document(s): 733 Application for compensation and
reimbursement of expenses for Lain Faulkner & Co., PC, Accountant, Period:
9/17/2009 to 10/31/2011, Fee: $33346.50, Expenses: $302.85. filed by Trustee
Daniel J. Sherman, Accountant Lain Faulkner & Co., PC)Receiver's Objection
Related to Application of Allowance for Compensation and Reimbursement of
Expenses for Lain, Faulkner & Co., P.C., Accountants and Financial Advisors for
the Trustee filed by Interested Party Peter S. Vogel. (Ruckman, Deirdre)
01/04/2012
744 Notice of deficiency regarding appeal Appellant Record (RE: related
document(s)704 Notice of appeal (RE: related document(s)693 Order on motion to
sell)). (Sauer, K.)
01/04/2012
745 Notice of deficiency regarding appeal Appellant Record (RE: related
document(s)705
Notice of appeal (RE: related document(s)691 Order on motion to
sell)). (Sauer, K.)
01/04/2012
746 Trustee's monthly operating report for filing period 11/01/2011 to
11/30/2011 (Sherman, Daniel)
747 Order Clarifying Order 728: that (a) Gary Schepps is not prohibited from
appealing the Schepps Bar Order itself; and (b) Gary Schepps is not prohibited
fron continuing to prosecute any appeal from which a Notice of Appeal was filed
prior to the Schepps Bar Order, with these two exceptions/clarifications, the
Schepps Bar Order stands. Entered on 1/5/2012 (RE: related document(s)728
Order Barring Attorney Gary Schepps from Appearing/Participating further in
Ondova Limited Company Bankruptcy Case. Ordered that the Clerk of the United
States Bankruptcy Court for the Northern District of Texas is Directed to Remove
any Pleadings and/or Appeals filed by Gary Schepps electronically as soon as they
are filed, further condition per order (related document # 678,679 Motion for
contempt against Gary Schepps The Receiver's Motion to Strike Pleading and
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 159 of 200 PageID 163
USCA5 168
01/05/2012
Second Motion to Show Cause as to Why Gary Schepps Should Not be Held in
Contempt and Sanctioned ). (Moroles, D.)
01/06/2012
748 Support/supplemental documentThe Receiver's Supplement to his
Objection Related to Application of Allowance for Compensation and
Reimbursement of Expenses for Lain, Faulkner & Co., P.C., as Accountants and
Financial Advisors for the Trustee filed by Interested Party Peter S. Vogel (RE:
related document(s)743
Objection). (Ruckman, Deirdre)
01/07/2012
749 BNC certificate of mailing - PDF document. (RE: related document(s)747
Order Clarifying Order 728: that) No. of Notices: 1. Notice Date 01/07/2012.
(Admin.)
01/09/2012 750 (private) Forms (misc) (Sauer, K.)
01/09/2012
751 Certificate of mailing regarding appeal (RE: related document(s)742 Notice
of appeal (RE: related document(s)728 Order on motion for contempt)).
(Attachments: # 1 Service List) (Sauer, K.)
01/09/2012
752 Notice of guidelines regarding appeals to the U.S. District Court. (RE:
related document(s)742 Notice of appeal (RE: related document(s)728 Order on
motion for contempt)). (Sauer, K.)
01/11/2012
753 Appellee designation of contents for inclusion in record of appeal filed by
Trustee Daniel J. Sherman (RE: related document(s)704 Notice of appeal).
(Pannier, Lee) Modified to correct linkage on 1/12/2012 (Sauer, K.).
01/11/2012
754 Appellee designation of contents for inclusion in record of appeal filed by
Trustee Daniel J. Sherman (RE: related document(s)705 Notice of appeal).
(Pannier, Lee)
01/17/2012
755 Statement of issues on appeal,, Appellant designation of contents for
inclusion in record on appeal and statement of issues on appeal. filed by Interested
Parties Jeffrey Baron, Petfinders, LLC, Creditor Novo Point, LLC, Attorney Gary
N. Schepps (RE: related document(s)742 Notice of appeal). Appellee designation
due by 01/31/2012. (Schepps, Gary)
01/24/2012 (private) Flags set-reset. Flags set: ADVAPL (Whitaker, Sheniqua)
01/30/2012
756 Court admitted exhibits date of hearing 1/30/2012. Receiver's Exhibit: 1.
(RE: related document(s)733
Application for compensation and reimbursement of
expenses for Lain Faulkner & Co., PC, Accountant, Period: 9/17/2009 to
10/31/2011, Fee: $33346.50, Expenses: $302.85. Filed by Trustee Daniel J.
Sherman Objections due by 1/9/2012.) (Garrison, Krystyl)
Hearing held on 1/30/2012. (RE: related document(s)733 Application for
compensation and reimbursement of expenses for Lain Faulkner & Co.,
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 160 of 200 PageID 164
USCA5 169
01/30/2012
PC,Accountant ) Appearances: D. Sherman, Trustee; P. Loh for Receiver; K.
Enger, applicant; M. Thomas in attendance for J. Baron. Evidentiary hearing.
Application approved. Applicant to upload order. (Garrison, Krystyl)
02/01/2012
757 Notice of deficiency regarding appeal Appellant's Record (RE: related
document(s)742 Notice of appeal (RE: related document(s)728 Order on motion
for contempt)). (Sauer, K.)
02/01/2012
758 Appellee designation of contents for inclusion in record of appeal filed by
Trustee Daniel J. Sherman (RE: related document(s)742 Notice of appeal).
(Urbanik, Raymond)
02/02/2012
759 Clerk's correspondence requesting amended appellee designation from
Trustee. (RE: related document(s)758 Appellee designation of contents for
inclusion in record of appeal filed by Trustee Daniel J. Sherman (RE: related
document(s)742 Notice of appeal).) Responses due by 2/6/2012. (Sauer, K.)
02/02/2012
760 DISTRICT COURT ORDER RE: 3:09-CV-0988-F. ORDER LIFTING
STAY PERTAINING TO ORDER GRANTING IN PART THE RECEIVER'S
MOTION TO LIQUIDATE ASSETS TO PAY CERTAIN OF THE RECEIVER'S
AND HIS COUNSEL'S FEES PENDING APPEAL (Ordered by Judge Royal
Furgeson on 2/2/2012) (Judge Royal Furgeson) Entered on 2/2/2012. (Sauer, K.)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 161 of 200 PageID 165
USCA5 170
U.S. Bankruptcy Court
Northern District of Texas (Dallas)
Adversary Proceeding #: 09-03251-sgj
Internal Use Only
Assigned to: Stacey G. Jernigan
Lead BK Case: 09-34784
Lead BK Title: Ondova Limited Company
Lead BK Chapter: 11
Demand:
Date Filed: 08/05/09
ature[s] of Suit: 12 Recovery of money/property - 547 preference
Plaintiff
-----------------------
Ondova Limited Company
2200 Trinity Mills Road
Carrollton, TX 75006
Tax ID / EIN: 75-2956804
represented by
Edwin Paul Keiffer
Wright Ginsberg Brusilow P.C.
Republic Center, Suite 4150
325 North St. Paul Street
Dallas, TX 75201
(214) 651-6517
Fax : (214) 744-2615
Email: pkeiffer@wgblawfirm.com
LEAD ATTORNEY
V.
Defendant
-----------------------
Netsphere, Inc.
1300 Bristol Street North, Suite 200
Newport Beach, CA 92660
represented by
John W. MacPete
P.O. Box 224726
Dallas, TX 75222
(214) 564-5205
Email: jmacpete@macpeteiplaw.com
LEAD ATTORNEY
Defendant
-----------------------
Manila Industries, Inc.
23312 Eagle Ridge
Mission Viejo, CA 92692
represented by
John W. MacPete
(See above for address)
LEAD ATTORNEY
Filing Date Docket Text
1 Adversary case 09-03251. Complaint by Ondova Limited Company against
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 162 of 200 PageID 166
USCA5 171
08/05/2009
Netshpere, Inc., Manila Industries, Inc.. Fee Amount $250 (Attachments: 1
Adversary Proceeding Cover Sheet). Nature(s) of suit: 12 (Recovery of
money/property - 547 preference). (Keiffer, Edwin)
08/05/2009
Receipt of filing fee for Complaint(09-03251-sgj) [cmp,cmp] ( 250.00). Receipt
number 10472901, amount $ 250.00. (U.S. Treasury)
08/06/2009 (private) Case checked for completeness (Whitaker, Sheniqua)
08/06/2009
2 Summons issued on Manila Industries, Inc. Answer Due 9/8/2009; Netsphere,
Inc. Answer Due 9/8/2009 (Harden, D.)
08/06/2009
3 Scheduling order setting deadlines. Discovery and all exhibits except
impeachment documents: 45 days prior to Docket Call, pre-trial order: 7 calendar
days prior to Docket Call, proposed findings of fact and conclusions of law: 7 days
prior to first scheduled docket call. Entered on 8/6/2009 (RE: related document(s)1
Complaint filed by Plaintiff Ondova Limited Company). Trial Docket Call date set
for 12/14/2009 at 01:30 PM at Dallas Judge Jernigan Ctrm. (Harden, D.)
08/06/2009
4 Summons service executed on Manila Industries, Inc. 8/6/2009; Netsphere,
Inc. 8/6/2009 (Keiffer, Edwin)
09/11/2009
(private) Proposed order regarding Order Extending Answer Deadline
Document uploaded on 9/11/2009 (Ref-ID: 1252667121727_93). (Kippes,
Meredyth)
09/11/2009
(private) Manila Industries, Inc. answer deadline is reset for 9/28/2009;
Netsphere, Inc. answer deadline is reset for 9/28/2009 (RE: related document(s)1
Adversary case 09-03251. Complaint ). (Moroles, D.)
09/11/2009
5 Order Extending Answer Deadline for Defendants to 9/28/2009. Manila
Industries, Inc. Answer Due 9/28/2009; Netsphere, Inc. Answer Due 9/28/2009
Entered on 9/11/2009 (RE: related document(s)1 Complaint filed by Plaintiff
Ondova Limited Company). (Moroles, D.)
09/13/2009
6 BNC certificate of mailing - PDF document. (RE: related document(s)5 Order
Extending Answer Deadline for Defendants to 9/28/2009. Manila Industries, Inc.
Answer Due 9/28/2009; Netsphere, Inc. Answer Due 9/28/2009 Entered on
9/11/2009 (RE: related document(s)1 Complaint filed by Plaintiff Ondova Limited
Company).) No. of Notices: 5. Service Date 09/13/2009. (Admin.)
12/14/2009
Proposed order regarding Abatement of Adversary Proceeding (RE: related
document(s)1 Adversary case 09-03251. Complaint by Ondova Limited Company
against Netshpere, Inc., Manila Industries, Inc.. Fee Amount $250 (Attachments: #
1 Adversary Proceeding Cover Sheet). Nature(s) of suit: 12 (Recovery of
money/property - 547 preference).). Document uploaded on 12/14/2009 (Ref-ID:
1260794679592_128). (Pannier, Lee)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 163 of 200 PageID 167
USCA5 172
12/14/2009
Trial docket call held on 12/14/2009. (RE: related document(s)1 Adversary
case 09-03251. Complaint by Ondova Limited Company against Netshpere, Inc.,
Manila Industries, Inc) Appearances: L. Panier, M Hayward. Parties will submit an
order abating adversary for 90 days and setting status conference in March 2010.
(Davis, T.) (Entered: 12/21/2009)
12/21/2009
7 Agreed Order of Abatement and Order Vacating Scheduling Order (RE: 3
Scheduling order setting deadlines ) . Order Setting Status Conference on
Adversary Proceeding. Entered on 12/21/2009 (RE: related document(s)1
Complaint filed by Plaintiff Ondova Limited Company). Status Conference to be
held on 3/8/2010 at 10:30 AM at Dallas Judge Jernigan Ctrm. (Moroles, D.)
12/23/2009
8 BNC certificate of mailing - PDF document. (RE: related document(s)7
Agreed Order of Abatement and Order Vacating Scheduling Order (RE: 3
Scheduling order setting deadlines ) . Order Setting Status Conference on
Adversary Proceeding. Entered on 12/21/2009 (RE: related document(s)1
Complaint filed by Plaintiff Ondova Limited Company). Status Conference to be
held on 3/8/2010 at 10:30 AM at Dallas Judge Jernigan Ctrm.) No. of Notices: 5.
Service Date 12/23/2009. (Admin.)
03/08/2010
Proposed order regarding 2nd Agreed Order of Abatement (RE: related
document(s)1 Adversary case 09-03251. Complaint by Ondova Limited Company
against Netshpere, Inc., Manila Industries, Inc.. Fee Amount $250 (Attachments: #
1 Adversary Proceeding Cover Sheet). Nature(s) of suit: 12 (Recovery of
money/property - 547 preference).). Document uploaded on 3/8/2010 (Ref-ID:
1268055224906_133). (Pannier, Lee)
03/08/2010
Status conference held on 3/8/2010. (RE: related document(s)1 Adversary case
09-03251. Complaint by Ondova Limited Company against Netshpere, Inc.,
Manila Industries, Inc. filed by Plaintiff Ondova Limited Company) Appearances:
L. Pannier for Trustee; M. Hayward for NetSphere; H. Hall for J. Barron.
Nonevidentiary hearing. Court granted oral request for another 90 day abatement
in adversary proceeding. Counsel to upload a form of order. (Harden, D.)
(Entered: 03/10/2010)
03/09/2010
9 Second Agreed Order of Abatement and Setting Status Conference. Entered
on 3/9/2010 (RE: related document(s)1
Complaint filed by Plaintiff Ondova
Limited Company). Status Conference to be held on 6/14/2010 at 02:30 PM at
Dallas Judge Jernigan Ctrm. (Moroles, D.)
03/11/2010
10 BNC certificate of mailing - PDF document. (RE: related document(s)9
Second Agreed Order of Abatement and Setting Status Conference. Entered on
3/9/2010 (RE: related document(s)1 Complaint filed by Plaintiff Ondova Limited
Company). Status Conference to be held on 6/14/2010 at 02:30 PM at Dallas
Judge Jernigan Ctrm.) No. of Notices: 5. Service Date 03/11/2010. (Admin.)
(private) Proposed Order Continuing Status Conference (RE: related document
(s)1
Adversary case 09-03251. Complaint by Ondova Limited Company against
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 164 of 200 PageID 168
USCA5 173
05/07/2010
Netshpere, Inc., Manila Industries, Inc.. Fee Amount $250 (Attachments: # 1
Adversary Proceeding Cover Sheet). Nature(s) of suit: 12 (Recovery of
money/property - 547 preference).). Document uploaded on 5/7/2010 (Ref-ID:
1272558105254_2134). (Saucier, Anna)
05/07/2010
11 Order continuing status conference Entered on 5/7/2010 (RE: related
document(s)1 Complaint filed by Plaintiff Ondova Limited Company). Status
Conference to is continued to 6/17/2010 at 02:30 PM at Dallas Judge Jernigan
Ctrm. (Wiker, Joshua)
05/09/2010
12 BNC certificate of mailing - PDF document. (RE: related document(s)11
Order continuing status conference Entered on 5/7/2010 (RE: related document(s)
1 Complaint filed by Plaintiff Ondova Limited Company). Status Conference to is
continued to 6/17/2010 at 02:30 PM at Dallas Judge Jernigan Ctrm.) No. of
Notices: 2. Service Date 05/09/2010. (Admin.)
06/17/2010
Status conference held on 6/17/2010. (RE: related document(s)1 Adversary
case 09-03251. Complaint by Ondova Limited Company against Netshpere, Inc.,
Manila Industries, Inc.) Appearances: R. Urbanik for Trustee Sherman; Trustee
Sherman; J. MacPete and M. Hayward for Manilla/NetSphere; G. Pronske for J.
Baron; E. Taube (telephonically) for Qantec and Novo Point. Nonevidentary
hearing. Court heard reports of continued settlement obstacles with regard to
global case issues . Adversary proceeding shall remain abated until further order of
court. (Harden, D.) (Entered: 06/18/2010)
09/28/2010
13 Clerk's correspondence requesting Case Status from debtor. Responses due
by 10/7/2010. (Bibbs, P.)
09/30/2010
14 BNC certificate of mailing. (RE: related document(s)13 Clerk's
correspondence requesting Case Status from debtor. Responses due by 10/7/2010.)
No. of Notices: 1. Service Date 09/30/2010. (Admin.)
08/12/2011
15 Clerk's correspondence requesting Case Status from attorney for plaintiff.
Responses due by 9/12/2011. (Bibbs, P.)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 165 of 200 PageID 169
USCA5 174
U.S. Bankruptcy Court
Northern District of Texas (Dallas)
Adversary Proceeding #: 10-03281-sgj
Internal Use Only
Assigned to: Stacey G. Jernigan
Lead BK Case: 09-34784
Lead BK Title: Ondova Limited Company
Lead BK Chapter: 11
Demand:
Date Filed: 09/15/10
Date Removed From State: 09/15/10
ature[s] of Suit: 01 Determination of removed claim or cause
Plaintiff
-----------------------
Jeff Baron
represented by
Jeff Baron
PRO SE
TERMINATED: 07/11/2011
V.
Defendant
-----------------------
Gerrit M. Pronske, P.C.
represented by
Christina Walton Stephenson
Pronske & Patel, P.C.
2200 Ross Avenue, Suite 5350
Dallas, TX 75201
(214) 658-6506
Fax : (214) 658-6509
Email: cstephenson@pronskepatel.com
Gerrit M. Pronske
Pronske & Patel, P.C.
2200 Ross Avenue
Suite 5350
Dallas, TX 75201
(214) 658-6500
Fax : 214-658-6509
Email: gpronske@pronskepatel.com
Rakhee V. Patel
Pronske & Patel, P.C.
2200 Ross Avenue
Suite 5350
Dallas, TX 75201
214-658-6500
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 166 of 200 PageID 170
USCA5 175
Fax : 214-658-6509
Email: rpatel@pronskepatel.com
Defendant
-----------------------
Pronske & Patel, P.C.
2200 Ross Ave. Ste. 5350
Dallas, TX 75201
(214) 658-6500
represented by
Christina Walton Stephenson
(See above for address)
Gerrit M. Pronske
(See above for address)
Rakhee V. Patel
(See above for address)
Counter-Defendant
-----------------------
Jeff Baron
represented by
Jeff Baron
PRO SE
TERMINATED: 07/11/2011
3rd Party Plaintiff
-----------------------
Gerrit M. Pronske, P.C.
represented by
Christina Walton Stephenson
(See above for address)
Gerrit M. Pronske
(See above for address)
3rd Party Plaintiff
-----------------------
Pronske & Patel, P.C.
2200 Ross Ave. Ste. 5350
Dallas, TX 75201
(214) 658-6500
represented by
Christina Walton Stephenson
(See above for address)
Gerrit M. Pronske
(See above for address)
V.
3rd Pty Defendant
-----------------------
The Village Trust
c/0 Adrian Taylor
Asiaciti Trust Pacific, Ltd.
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 167 of 200 PageID 171
USCA5 176
Level 2, BCI House
Rarotonga
Cook Islands
Filing Date Docket Text
09/15/2010
1 Adversary case 10-03281. Complaint by Jeff Baron against Gerrit M.
Pronske, P.C., Pronske & Patel, P.C.. Fee Amount $250. Nature(s) of suit: 01
(Determination of removed claim or cause). (Patel, Rakhee)
09/15/2010
Receipt of filing fee for Complaint(10-03281-sgj) [cmp,cmp] ( 250.00). Receipt
number 12462138, amount $ 250.00. (U.S. Treasury)
09/15/2010
2 Adversary proceeding cover sheet without signature filed by Defendants
Gerrit M. Pronske, P.C., Pronske & Patel, P.C. (RE: related document(s)1
Complaint). (Patel, Rakhee) Modified text on 9/16/2010 (Jones, A.).
09/15/2010
3 State court pleading: Original petition filed by Defendants Gerrit M. Pronske,
P.C., Pronske & Patel, P.C.. (Patel, Rakhee)
09/16/2010 (private) Case checked for completeness (Jones, A.)
09/16/2010
4 Adversary proceeding cover sheet filed by Defendants Gerrit M. Pronske,
P.C., Pronske & Patel, P.C. (RE: related document(s)1 Complaint). (Patel,
Rakhee)
09/27/2010
5 Answer to complaint , Counterclaim by Gerrit M. Pronske, P.C., Pronske &
Patel, P.C. against Jeff Baron , Third-Party complaint by Gerrit M. Pronske, P.C.,
Pronske & Patel, P.C. against The Village Trust . filed by Gerrit M. Pronske, P.C.,
Pronske & Patel, P.C.. (Pronske, Gerrit)
09/30/2010
6 Notice of Status Conference filed by Gerrit M. Pronske, P.C., Pronske &
Patel, P.C., Defendants Gerrit M. Pronske, P.C., Pronske & Patel, P.C.. (Patel,
Rakhee)
09/30/2010
7 Notice of hearing filed by Gerrit M. Pronske, P.C., Pronske & Patel, P.C.,
Defendants Gerrit M. Pronske, P.C., Pronske & Patel, P.C.. Status Conference to
be held on 10/27/2010 at 09:30 AM at Dallas Judge Jernigan Ctrm for #1
complaint. (Patel, Rakhee) Modified on 10/1/2010 to create link to related
document (Ward, J).
10/05/2010
8 Certificate of service re: Notice of Status Conference filed by Gerrit M.
Pronske, P.C., Pronske & Patel, P.C., Defendants Gerrit M. Pronske, P.C., Pronske
& Patel, P.C. (RE: related document(s)7
Notice of hearing). (Pronske, Gerrit)
10/15/2010
9 Motion for remand and Motion to Strike filed by Counter-Defendant Jeff
Baron, Plaintiff Jeff Baron (Broome, Stanley)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 168 of 200 PageID 172
USCA5 177
10/15/2010
10 Brief in support filed by Counter-Defendant Jeff Baron, Plaintiff Jeff Baron
(RE: related document(s)9 Motion for remand and Motion to Strike). (Broome,
Stanley)
10/15/2010
11 Support/supplemental documentAppendix filed by Counter-Defendant Jeff
Baron, Plaintiff Jeff Baron (RE: related document(s)9 Motion for remand and
Motion to Strike). (Attachments: 1 Exhibit Exhibit 1 to Appendix2 Exhibit Exhibit
2 to Appendix3 Exhibit Exhibit 3 to Appendix) (Broome, Stanley)
10/15/2010
Proposed order regarding Motion to Remand and Motion to Strike (RE: related
document(s)9 Motion for remand and Motion to Strike filed by Counter-Defendant
Jeff Baron, Plaintiff Jeff Baron). Document uploaded on 10/15/2010 (Ref-ID:
1286311015373_2840). (Broome, Stanley)
10/21/2010
12 Notice of hearing filed by Plaintiff Jeff Baron, Counter-Defendant Jeff
Baron (RE: related document(s)9 Motion for remand filed by Counter-Defendant
Jeff Baron, Plaintiff Jeff Baron, 10 Brief filed by Counter-Defendant Jeff Baron,
Plaintiff Jeff Baron, 11 Support/supplemental document filed by Counter-
Defendant Jeff Baron, Plaintiff Jeff Baron). Hearing to be held on 12/1/2010 at
09:30 AM Dallas Judge Jernigan Ctrm for 11 and for 10 and for 9, (Broome,
Stanley)
10/27/2010
Status conference held on 10/27/2010. (RE: related document(s)1 Adversary
case 10-03281. Complaint by Jeff Baron against Gerrit M. Pronske, P.C., Pronske
& Patel, P.C.) Appearances: G. Pronske for himself and his firm; S. Broome for J.
Baron. Nonevidentiary hearing. Announcement that parties are discussing
mediation (before global mediation of attorneys fees issues). Court ruled it will
enter order: (a) abating adversary proceeding until at least middle of December;
(b) set another status conference in or shortly after the middle of December; (c)
continue the 11/29/10 hearing on Mr. Pronskes Section 503(b) application in the
Ondova case (and objection the deadline relating thereto) and also continue the
12/1/10 hearing on the motion for remand of J. Baron in this Adv. Proc., with
these matters to be rescheduled as necessary at the next status conference. Court to
issue order reflecting this ruling. (Harden, D.) (Entered: 11/04/2010)
11/03/2010
(private) Proposed Order Abating Adversary Proceeding and Setting Status
Conference Document uploaded on 11/3/2010 (Ref-ID: 1288712101274_387).
(Schultz, Laura)
11/03/2010
13 Order Abating Adversary Proceeding and Setting Status Conference.
Entered on 11/3/2010 (RE: related document(s)1
Complaint ). Status Conference
to be held on 12/16/2010 at 09:30 AM at Dallas Judge Jernigan Ctrm. (Moroles,
D.)
14 BNC certificate of mailing - PDF document. (RE: related document(s)13
Order Abating Adversary Proceeding and Setting Status Conference. Entered on
11/3/2010 (RE: related document(s)1
Complaint ). Status Conference to be held on
12/16/2010 at 09:30 AM at Dallas Judge Jernigan Ctrm.) No. of Notices: 1.
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 169 of 200 PageID 173
USCA5 178
11/05/2010 Service Date 11/05/2010. (Admin.) (Entered: 11/06/2010)
11/23/2010
15 Motion to withdraw as attorney (Stan Broome) filed by Plaintiff Jeff Baron,
Counter-Defendant Jeff Baron (Broome, Stanley)
11/23/2010
Proposed order regarding Motion to Withdraw (RE: related document(s)15
Motion to withdraw as attorney). Document uploaded on 11/23/2010 (Ref-ID:
1288986969630_4132). (Broome, Stanley)
11/24/2010
16 Motion for leave Agreed Motion to Mediate Filed by Defendants Gerrit M.
Pronske, P.C., Pronske & Patel, P.C., Gerrit M. Pronske, P.C., Pronske & Patel,
P.C. (Stephenson, Christina)
11/24/2010
Proposed order regarding Agreed Order to Mediate (RE: related document(s)
16
Motion for leave Agreed Motion to Mediate Filed by Defendants Gerrit M.
Pronske, P.C., Pronske & Patel, P.C., Gerrit M. Pronske, P.C., Pronske & Patel,
P.C.). Document uploaded on 11/24/2010 (Ref-ID: 1288986969630_4294).
(Stephenson, Christina)
12/16/2010
Hearing held on 12/16/2010. (RE: related document(s)1 Adversary case 10-
03281. Complaint by Jeff Baron against Gerrit M. Pronske, P.C., Pronske & Patel,
P.C.. Fee Amount $250. Nature(s) of suit: 01 (Determination of removed claim or
cause).) Appearances: R. Urbanik for Trustee; B. Golden for Receiver; G. Pronske
for himself; S. Broome (telephonically), for himself and with a pending motion to
withdraw for J. Baron. Nonevidentiary hearing. Court heard reports, particularly
with regard to Receiver developments. Court will continue with abatement of this
matter and the Section 503 substantial contribution claims in the underlying case
until at least lefting of the stay under the Receivership Order. Court to hold a
status conference on 1/25/11. Mr. Urbanik to upload order. (Harden, D.) (Entered:
12/17/2010)
12/16/2010
17 Status conference continued (RE: related document(s)1 Adversary case 10-
03281. Complaint by Jeff Baron against Gerrit M. Pronske, P.C., Pronske & Patel,
P.C.) Status Conference to be held on 1/25/2011 at 09:30 AM at Dallas Judge
Jernigan Ctrm. (Harden, D.) (Entered: 12/17/2010)
12/20/2010
Proposed order regarding Scheduling Order (RE: related document(s)1
Adversary case 10-03281. Complaint by Jeff Baron against Gerrit M. Pronske,
P.C., Pronske & Patel, P.C.. Fee Amount $250. Nature). Document uploaded on
12/20/2010 (Ref-ID: 1291646361376_4241). (Urbanik, Raymond)
12/23/2010
18 Order setting a status conference hearing Entered on 12/23/2010 (RE:
related document(s)1 Complaint filed by Counter-Defendant Jeff Baron, Plaintiff
Jeff Baron, 9 Motion for remand and motion to strike filed by Counter-Defendant
Jeff Baron, Plaintiff Jeff Baron). Status Conference to be held on 1/25/2011 at
09:30 AM at Dallas Judge Jernigan Ctrm. (Simpson, B)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 170 of 200 PageID 174
USCA5 179
12/25/2010
19 BNC certificate of mailing - PDF document. (RE: related document(s)18
Order setting a status conference hearing Entered on 12/23/2010 (RE: related
document(s)1 Complaint filed by Counter-Defendant Jeff Baron, Plaintiff Jeff
Baron, 9 Motion for remand and motion to strike filed by Counter-Defendant Jeff
Baron, Plaintiff Jeff Baron). Status Conference to be held on 1/25/2011 at 09:30
AM at Dallas Judge Jernigan Ctrm.) No. of Notices: 1. Service Date 12/25/2010.
(Admin.)
01/05/2011
(private) Proposed Order Resetting Hearings (RE: related document(s)9 Motion
for remand and Motion to Strike filed by Counter-Defendant Jeff Baron, Plaintiff
Jeff Baron). Document uploaded on 1/5/2011 (Ref-ID: 1291646361376_6855).
(Saucier, Anna)
01/06/2011
20 Order resetting status conference hearing Entered on 1/6/2011 (RE: related
document(s)9 Motion for remand and motion to strike filed by Counter-Defendant
Jeff Baron, Plaintiff Jeff Baron). Status Conference to be held on 1/31/2011 at
09:30 AM. (Simpson, B)
01/08/2011
21 BNC certificate of mailing - PDF document. (RE: related document(s)20
Order resetting status conference hearing Entered on 1/6/2011 (RE: related
document(s)9 Motion for remand and motion to strike filed by Counter-Defendant
Jeff Baron, Plaintiff Jeff Baron). Status Conference to be held on 1/31/2011 at
09:30 AM.) No. of Notices: 1. Service Date 01/08/2011. (Admin.)
01/31/2011
23 Status Conference held on 1/31/2011., Status Conference continued (RE:
related document(s)1 Adversary case 10-03281. Complaint by Jeff Baron against
Gerrit M. Pronske, P.C., Pronske & Patel, P.C.. Nature(s) of suit: 01
(Determination of removed claim or cause). filed by Counter-Defendant Jeff
Baron, Plaintiff Jeff Baron) Appearances: R. Urbanik for Trustee Sherman;
Trustee Sherman; B. Golden for Receiver Vogel; Receiver Vogel; J. MacPete for
Manilla/NetSphere; M. Goolsby for Pronske Patel; S. Broome, for J. Baron in AP
# 10-3281 (subject to a motion to withdraw); E. Taube (telephonically) for his firm
and Shurig and West firms; R. Puri for Manilla. Nonevidentiary hearing. Court
heard status report from various parties. Matter continued to 4/4/11 at 11:30 am.
Status Conference to be held on 4/4/2011 at 11:30 AM at Dallas Judge Jernigan
Ctrm. (Womack, Jennifer) (Entered: 02/08/2011)
01/31/2011
24 Status Conference held on 1/31/2011., Status Conference continued (RE:
related document(s)9
Motion for remand and Motion to Strike filed by Counter-
Defendant Jeff Baron, Plaintiff Jeff Baron filed by Counter-Defendant Jeff Baron,
Plaintiff Jeff Baron) Appearances: R. Urbanik for Trustee Sherman; Trustee
Sherman; B. Golden for Receiver Vogel; Receiver Vogel; J. MacPete for
Manilla/NetSphere; M. Goolsby for Pronske Patel; S. Broome, for J. Baron in AP
# 10-3281 (subject to a motion to withdraw); E. Taube (telephonically) for his firm
and Shurig and West firms; R. Puri for Manilla. Nonevidentiary hearing. Court
heard status report from various parties. Matter continued to 4/4/11 at 11:30 am.
Status Conference to be held on 4/4/2011 at 11:30 AM at Dallas Judge Jernigan
Ctrm. (Womack, Jennifer) (Entered: 02/08/2011)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 171 of 200 PageID 175
USCA5 180
02/07/2011
(private) Proposed Order Continuing Status Conferences to April 4, 2011, at
11:30 a.m. (RE: related document(s)9 Motion for remand and Motion to Strike
filed by Counter-Defendant Jeff Baron, Plaintiff Jeff Baron). Document uploaded
on 2/7/2011 (Ref-ID: 1297092170770_49). (Saucier, Anna)
02/07/2011
22 Order Continuing Hearings. Entered on 2/7/2011 (RE: related document(s)1
Complaint , 9 Motion for Remand and Motion to Strike Notice of Removal).
Status Conference reset and to be held on 4/4/2011 at 11:30 AM at Dallas Judge
Jernigan Ctrm. (Moroles, D.)
02/09/2011
25 BNC certificate of mailing - PDF document. (RE: related document(s)22
Order Continuing Hearings. Entered on 2/7/2011 (RE: related document(s)1
Complaint , 9 Motion for Remand and Motion to Strike Notice of Removal).
Status Conference reset and to be held on 4/4/2011 at 11:30 AM at Dallas Judge
Jernigan Ctrm.) No. of Notices: 1. Service Date 02/09/2011. (Admin.)
04/04/2011
Status Conference held on 4/4/2011. (RE: related document(s)9 Motion for
remand and Motion to Strike filed by Counter-Defendant Jeff Baron, Plaintiff Jeff
Baron) Appearances: R. Urbanik for Trustee D. Sherman; Trustee D. Sherman
(Ondova estate); B. Golden for Receiver P. Vogel; Receiver P. Vogel (over J.
Baron); M. Keen for Powers Taylor; R. Patel for Pronske Patel; E. Taube
(telephonically) for Hohmann, Taube & Summers, L.L.P.; M. Thomas for J.
Baron; S. Broome for J. Baron in AP # 10-3281), subject to pending motion to
withdraw; G. Lyons, another counsel for J. Baron, subject to pending motion to
withdraw. Court heard reports regarding receivership action, attorneys fees issues,
and pending matters in Ondova case. Court will continue with abatement of
adversary proceeding for another 90 days. Court to issue order. (Womack,
Jennifer) (Entered: 04/05/2011)
04/06/2011
(private) Proposed Order Abating Adversary Proceeding and Setting Status
Conference on July 11, 2011 at 2:30 p.m. (RE: related document(s)1 Adversary
case 10-03281. Complaint by Jeff Baron against Gerrit M. Pronske, P.C., Pronske
& Patel, P.C.. Fee Amount $250. Nature(s) of suit: 01 (Determination of removed
claim or cause).). Document uploaded on 4/6/2011 (Ref-ID:
1299618260855_5752). (Saucier, Anna)
04/06/2011
26 Order Abating Adversary and Setting Status Conference hearing Entered on
4/6/2011 (RE: related document(s)9
Motion for remand and motion to strike filed
by Plaintiff Jeff Baron). Status Conference to be held on 7/11/2011 at 02:30 PM at
Dallas Judge Jernigan Ctrm. (Simpson, B)
04/08/2011
27 BNC certificate of mailing - PDF document. (RE: related document(s)26
Order Abating Adversary and Setting Status Conference hearing Entered on
4/6/2011 (RE: related document(s)9
Motion for remand and motion to strike filed
by Plaintiff Jeff Baron). Status Conference to be held on 7/11/2011 at 02:30 PM at
Dallas Judge Jernigan Ctrm.) No. of Notices: 0. Service Date 04/08/2011.
(Admin.)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 172 of 200 PageID 176
USCA5 181
07/11/2011
28 Order granting motion of Stanley D. Broome to withdraw as attorney
(related document # 15). Entered on 7/11/2011. (Moroles, D.)
07/11/2011
29 Notice to service order (RE: related document(s)28 Order granting motion of
Stanley D. Broome to withdraw as attorney (related document # 15
). Entered on
7/11/2011.) (Moroles, D.)
07/11/2011
Status conference held on 7/11/2011. (RE: related document(s)9 Motion for
remand and Motion to Strike filed by Counter-Defendant Jeff Baron, Plaintiff Jeff
Baron filed by Counter-Defendant Jeff Baron, Plaintiff Jeff Baron) Appearances:
R. Urbanik for Trustee; B. Golden for Receiver Vogel; Receiver Vogel; S. Broome
for himself and subject to a motion to withdraw as counsel to Jeff Baron; G.
Pronske for himself; E. Taube (telephonically) for his law firm and Shurig law
firm. Nonevidentiary hearing. Court heard status reports. Court will set another
status conference in approximately 90 days, in light of delays in receivership and
overlapping issues it has in Ondova case. Mr. Urbanik should coordinate next
setting with CRD. (Harden, D.) (Entered: 07/12/2011)
07/12/2011
30 Notice of hearing Notice of Continued Hearing filed by Interested Party
Daniel J. Sherman, Trustee (RE: related document(s)9 Motion for remand filed by
Counter-Defendant Jeff Baron, Plaintiff Jeff Baron). Hearing to be held on
10/13/2011 at 09:30 AM Dallas Judge Jernigan Ctrm for 9 and for 9, (Urbanik,
Raymond)
07/13/2011
31 BNC certificate of mailing - PDF document. (RE: related document(s)28
Order granting motion of Stanley D. Broome to withdraw as attorney (related
document # 15). Entered on 7/11/2011.) No. of Notices: 0. Service Date
07/13/2011. (Admin.)
07/13/2011
32 BNC certificate of mailing. (RE: related document(s)29 Notice to service
order (RE: related document(s)28 Order granting motion of Stanley D. Broome to
withdraw as attorney (related document # 15
). Entered on 7/11/2011.)) No. of
Notices: 1. Service Date 07/13/2011. (Admin.)
10/13/2011
Hearing held on 10/13/2011. (RE: related document(s)9 Status conference re:
Motion for Remand and Motion to Strike Notice of Removal filed byCounter-
Defendant Jeff Baron, Plaintiff Jeff Baron ) Appearances: R. Urbanik for Chapter
11 Trustee; P. Loh for Baron Receiver; G. Pronske for Pronske Patel firm; M.
Taylor for Powers Taylor firm; E. Taube for West firm and Hohmann Taube firm.
Nonevidentiary hearing. Court heard reports about continued pendency of Fifth
Circuit appeals and inactivity in District Court Receivership Action in light of
Fifth Circuit appeals. Court to set another status conference in approximately 90
days (Mr. Urbanik to contact CRD for setting). Mr. Pronske announced he may
file a motion for scheduling order and seek to move to dismiss claims in this
action (court announced it would consider such a motion on NNL). (Garrison,
Krystyl)
33 Motion for leave Motion to Enter Scheduling Order filed by Defendants
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 173 of 200 PageID 177
USCA5 182
11/08/2011
Gerrit M. Pronske, P.C., Pronske & Patel, P.C., Gerrit M. Pronske, P.C., Pronske
& Patel, P.C. Objections due by 12/2/2011. (Attachments: # 1 Exhibit A)
(Pronske, Gerrit)
11/30/2011
34 Response opposed to (related document(s): 33 Motion for leave Motion to
Enter Scheduling Order filed by 3rd Party Plaintiff Gerrit M. Pronske, P.C.,
Defendant Gerrit M. Pronske, P.C., 3rd Party Plaintiff Pronske & Patel, P.C.,
Defendant Pronske & Patel, P.C.) filed by Other Professional Peter S. Vogel.
(Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit
E# 6 Exhibit F) (Ruckman, Deirdre)
12/02/2011
35 Notice of hearing & Status Conference filed by 3rd Party Plaintiff Gerrit M.
Pronske, P.C., Defendant Pronske & Patel, P.C. (RE: related document(s)33
Motion for leave Motion to Enter Scheduling Order filed by Defendants Gerrit M.
Pronske, P.C., Pronske & Patel, P.C., Gerrit M. Pronske, P.C., Pronske & Patel,
P.C. Objections due by 12/2/2011. (Attachments: # 1 Exhibit A)). Hearing to be
held on 1/9/2012 at 02:30 PM Dallas Judge Jernigan Ctrm for 33, (Pronske,
Gerrit)
01/09/2012
Hearing held on 1/9/2012. (RE: related document(s)33 Motion to Enter
Scheduling Order filed by Defendants Gerrit M. Pronske, P.C., Pronske &
Patel,P.C.) Appearances: G. Pronske for Defendant; P. Loh for Receiver P. Vogel
(w/ P. Vogel); R. Urbanik for Trustee D. Sherman. Nonevidentiary hearing.
Motion denied. Court will continue with abatement of this adversary proceeding
indefinitely, in light of District Court Stay Order, but this is without prejudice to
any partys motion to move forward in adversary proceeding if District Court lifts
stay. Court will set another statu conference in approximately 90 days if there is no
activity sooner. (Garrison, Krystyl)
01/09/2012
Hearing held on 1/9/2012. (RE: related document(s)1 Status conference )
Appearances: G. Pronske for Defendant; P. Loh for Receiver P. Vogel (w/ P.
Vogel); R. Urbanik for Trustee D. Sherman. Nonevidentiary hearing. Court heard
status reports. Court will continue with abatement of this adversary proceeding
indefinitely, in light of District Court Stay Order, but this is without prejudice to
any partys motion to move forward in adversary proceeding if District Court lifts
stay. Court will set another statu conference in approximately 90 days if there is no
activity sooner. (Garrison, Krystyl)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 174 of 200 PageID 178
USCA5 183
U.S. Bankruptcy Court
Northern District of Texas (Dallas)
Adversary Proceeding #: 11-03181-sgj
Internal Use Only
EXHIBITS, NTCDSM, APPEAL
Assigned to: Stacey G. Jernigan
Lead BK Case: 09-34784
Lead BK Title: Ondova Limited Company
Lead BK Chapter: 11
Demand:
Date Filed: 03/22/11
ature[s] o
Suit: 14 Recover
of mone
/propert
-othe
31 Approval of sale of propert
of estate and of a co-owner - 363(h)
02
Other (e.g. other actions that would have been brought in state court if unrelated
to bankruptc
)
Plaintiff
-----------------------
Daniel J. Sherman
represented by
Lee Jacob Pannier
Munsch Hardt Kopf & Harr, P.C.
3800 Lincoln Plaza
500 N. Akard St.
Dallas, TX 75201
(214) 855-7563
Fax : (214) 978-5338
Email: lpannier@munsch.com
Raymond J. Urbanik
Munsch, Hardt, Kopf & Harr PC
500 N. Akard St., Ste. 3800
Dallas, TX 75201-6659
214-855-7590
Fax : 214-978-4374
Email: rurbanik@munsch.com
LEAD ATTORNEY
V.
Defendant
-----------------------
Mike Emke
represented by
Conrad Christian Herring
Attorney at Law
3525 Del Mar Height Rd., No. 305
San Diego, CA 92130-2122
(760) 804-9162
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 175 of 200 PageID 179
USCA5 184
Fax : (760) 452-7597
Email: conrad@conradherring.com
Nathan Matthew Johnson
Spector & Johnson, PLLC
12770 Coit Road, Suite 1100
Dallas, TX 75251
(972) 239-4260
Fax : (214) 237-3380
Email: njohnson@spectorjohnson.com
Defendant
-----------------------
Conrad Herring
TERMINATED: 06/23/2011
represented by
Conrad Christian Herring
(See above for address)
Defendant
-----------------------
Servers, Inc.
represented by
Carey Dalton Ebert
Ebert Law Offices
1726 Chadwick Court, Ste. 100
Hurst, TX 76054
817-268-2468
Fax : 817-510-0986
Email: filing@ebertlawoffices.com
Conrad Christian Herring
(See above for address)
Counter-Claimant
-----------------------
Mike Emke
represented by
Nathan Matthew Johnson
(See above for address)
LEAD ATTORNEY
V.
Counter-Defendant
-----------------------
Ondova Limited Company
2200 Trinity Mills Road
Carrollton, TX 75006
Tax ID / EIN: 75-2956804
Counter-Defendant
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 176 of 200 PageID 180
USCA5 185
-----------------------
Daniel J. Sherman
2200 Trinity Mills Road
Carrollton, TX 75006
Counter-Claimant
-----------------------
Mike Emke
V.
Counter-Defendant
-----------------------
Daniel J. Sherman
2200 Trinity Mills Road
Carrollton, TX 75006
Counter-Claimant
-----------------------
Mike Emke
V.
Counter-Defendant
-----------------------
Daniel J. Sherman
2200 Trinity Mills Road
Carrollton, TX 75006
Counter-Claimant
-----------------------
Mike Emke
V.
Counter-Defendant
-----------------------
Daniel J. Sherman
2200 Trinity Mills Road
Carrollton, TX 75006
Filing Date Docket Text
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 177 of 200 PageID 181
USCA5 186
03/22/2011
1 Adversary case 11-03181. Complaint by Daniel J. Sherman against Mike
Emke, Conrad Herring, Servers, Inc.. Fee Amount $250 (Attachments: 1
Adversary Proceeding Coversheet2 Exhibit A-C). Nature(s) of suit: 14 (Recovery
of money/property - other). 91 (Declaratory judgment). 31 (Approval of sale of
property of estate and of a co-owner - 363(h)). (Urbanik, Raymond)
03/22/2011
Receipt of filing fee for Complaint(11-03181-sgj) [cmp,cmp] ( 250.00). Receipt
number 13376167, amount $ 250.00. (U.S. Treasury)
03/23/2011
2 Summons issued on Mike Emke Answer Due 4/22/2011; Conrad Herring
Answer Due 4/22/2011; Servers, Inc. Answer Due 4/22/2011 (Harden, D.)
03/23/2011
3 Scheduling order setting deadlines. Discovery and all exhibits except
impeachment documents: 45 days prior to Docket Call, pre-trial order: 7 calendar
days prior to Docket Call, proposed findings of fact and conclusions of law: 7 days
prior to first scheduled docket call. Entered on 3/23/2011 (RE: related document(s)
1 Complaint filed by Plaintiff Daniel J. Sherman). Trial Docket Call date set for
8/8/2011 at 01:30 PM at Dallas Judge Jernigan Ctrm. (Harden, D.)
03/23/2011
4 Adversary proceeding cover sheet filed by Plaintiff Daniel J. Sherman (RE:
related document(s)1 Complaint). (Urbanik, Raymond)
03/23/2011 (private) Nature of Suit and Case checked for completeness. (Moroles, D.)
03/23/2011
5 Summons service executed on Conrad Herring 3/23/2011 (Urbanik,
Raymond)
03/23/2011 6 Summons service executed on Mike Emke 3/23/2011 (Urbanik, Raymond)
03/23/2011 7 Summons service executed on Servers, Inc. 3/23/2011 (Urbanik, Raymond)
04/12/2011
8 Motion to dismiss adversary proceeding filed by Defendants Mike Emke ,
Conrad Herring , Servers, Inc. (Blanco, J.)
04/12/2011
9 Memorandum of points and authorities in support of motion to dimiss filed by
Defendants Mike Emke , Conrad Herring , Servers, Inc. (RE: related document(s)8
Motion to dismiss adversary proceeding). (Blanco, J.)
04/12/2011
10 Appendix in support to motion to dismiss filed by Defendants Mike Emke ,
Conrad Herring , Servers, Inc. (RE: related document(s)8 Motion to dismiss
adversary proceeding). (Attachments: 1
Service list) (Blanco, J.)
04/12/2011
11 Notice of motion to dismiss filed by Defendants Mike Emke , Conrad
Herring , Servers, Inc. (RE: related document(s)8
Motion to dismiss adversary
proceeding filed by Defendant Mike Emke, Defendant Conrad Herring, Defendant
Servers, Inc.). (Blanco, J.)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 178 of 200 PageID 182
USCA5 187
04/12/2011
(private) Proposed order regarding dismiss order (RE: related document(s)8
Motion to dismiss adversary proceeding filed by Defendants Mike Emke , Conrad
Herring , Servers, Inc.). Document uploaded on 4/12/2011 (Ref-ID:
1302535046940_256). (Blanco, J.)
04/12/2011
12 Notice of hearing filed by Defendants Mike Emke , Conrad Herring ,
Servers, Inc. (RE: related document(s)8 Motion to dismiss adversary proceeding
filed by Defendants Mike Emke , Conrad Herring , Servers, Inc.). Hearing to be
held on 5/23/2011 at 10:30 AM Dallas Judge Jernigan Ctrm for 8, (Blanco, J.)
(Entered: 04/13/2011)
04/13/2011
13 INCORRECT DOCKET ENTRY. Joint Motion to dismiss adversary
proceeding and Joint motion to stay Adversarial proceedings filed by Defendant
Mike Emke (Simpson, B) Additional attachment(s) added on 4/14/2011 (Simpson,
B). Modified on 4/14/2011 (Simpson, B). (Entered: 04/14/2011)
04/13/2011
14 INCORRECT DOCKET ENTRY .(Joint) Motion to stay adversarial
proceedings by Mike Emke . (Simpson, B) Additional attachment(s) added on
4/14/2011 (Simpson, B). Modified on 4/14/2011 (Simpson, B). (Entered:
04/14/2011)
04/13/2011
15 (Joint) Motion to dismiss adversary proceeding and Motion to stay
adversarial proceedings filed by Defendant Mike Emke (Simpson, B) (Entered:
04/14/2011)
04/13/2011
16 (Joint) Motion to stay adversarial proceedings by Mike Emke . (Simpson, B)
Modified Text to correct file date on 4/14/2011 (Simpson, B). (Entered:
04/14/2011)
04/13/2011
17 Notice of hearing filed by Defendant Mike Emke (RE: related document(s)
15
Motion to dismiss adversary proceeding filed by Defendant Mike Emke, 16
Generic motion filed by Defendant Mike Emke). Hearing to be held on 5/23/2011
at 10:30 AM Dallas Judge Jernigan Ctrm for 15 and for 16, (Simpson, B)
(Entered: 04/14/2011)
04/13/2011
18 Certificate of service re: motion to dismiss and notice filed by Defendant
Conrad Herring (RE: related document(s)15 Motion to dismiss adversary
proceeding, 16
Motion by Mike Emke ., 17 Notice of hearing). (Simpson, B)
(Entered: 04/14/2011)
04/14/2011
(private) Motions terminated. (RE: related document(s), ) (RE: related
document(s)13
INCORRECT DOCKET ENTRY. Joint Motion to dismiss
adversary proceeding and Joint motion to stay Adversarial proceedings filed by
Defendant Mike Emke (Simpson, B) Additional attachment(s) added on 4/14/2011
(Simpson, B). Modified on 4/14/2011 (Simpson, B)., 14
INCORRECT DOCKET
ENTRY .(Joint) Motion to stay adversarial proceedings by Mike Emke .
(Simpson, B) Additional attachment(s) added on 4/14/2011 (Simpson, B).
Modified on 4/14/2011 (Simpson, B).) (Simpson, B)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 179 of 200 PageID 183
USCA5 188
04/27/2011
19 Motion to compel Servers, Inc. to Retain Counsel or, in the Alternative, to
Strike Servers, Inc.'s Pleadings filed by Plaintiff Daniel J. Sherman (Urbanik,
Raymond)
04/27/2011
20 Notice of hearing filed by Plaintiff Daniel J. Sherman (RE: related document
(s)19 Motion to compel, 21 Motion to Strike, filed by Plaintiff Daniel J. Sherman).
Hearing to be held on 5/23/2011 at 10:30 AM Dallas Judge Jernigan Ctrm for 19
and for 21, (Urbanik, Raymond) MODIFIED To Add Linkage on 4/28/2011 (Zisk,
B).
04/27/2011
21 Motion to strike Servers, Inc.'s Pleadings (This motion is alternative relief
sought in Motion # 19) (related document(s): 8 Motion to dismiss adversary
proceeding filed by Defendant Mike Emke, Defendant Conrad Herring, Defendant
Servers, Inc., 9 Support/supplemental document filed by Defendant Mike Emke,
Defendant Conrad Herring, Defendant Servers, Inc., 10 Support/supplemental
document filed by Defendant Mike Emke, Defendant Conrad Herring, Defendant
Servers, Inc., 11 Notice (generic) filed by Defendant Mike Emke, Defendant
Conrad Herring, Defendant Servers, Inc., 12 Notice of hearing filed by Defendant
Mike Emke, Defendant Conrad Herring, Defendant Servers, Inc.) Filed by
Plaintiff Daniel J. Sherman (Zisk, B) (Entered: 04/28/2011)
05/05/2011
22 Response opposed to (related document(s): 8 Motion to dismiss adversary
proceeding filed by Defendant Mike Emke, Defendant Conrad Herring, Defendant
Servers, Inc., 15 Motion to dismiss adversary proceeding filed by Defendant Mike
Emke, 16 Motion by Mike Emke. filed by Defendant Mike Emke) filed by
Plaintiff Daniel J. Sherman. (Pannier, Lee)
05/16/2011
23 Reply to (related document(s): 22 Response filed by Plaintiff Daniel J.
Sherman) filed by Defendant Conrad Herring . (Jones, A.)
05/20/2011
24 Response opposed to (related document(s): 19 Motion to compel Servers,
Inc. to Retain Counsel or, in the Alternative, to Strike Servers, Inc.'s Pleadings
filed by Plaintiff Daniel J. Sherman) filed by Defendant Servers, Inc..
(Attachments: 1 Affidavit Declaration of Conrad Herring) (Herring, Conrad)
05/23/2011
Hearing held on 5/23/2011. (RE: related document(s)15 (Joint) Motion to
dismiss adversary proceeding and Motion to stay adversarial proceedings filed by
Defendant Mike Emke filed by Defendant Mike Emke) Appearances: R. Urbanik
and R. Hunt for Trustee; C. Herring, pro se and attempting to appear for Servers,
Inc.; M. Emke, pro se, and being assisted by C. Herring. Nonevidentiary hearing
(record and statements of counsel only). Motion denied, for reasons stated on the
record. Mr. Urbanik to upload order. (Harden, D.) (Entered: 05/24/2011)
Hearing held on 5/23/2011. (RE: related document(s)16 (Joint) Motion to stay
adversarial proceedings by Mike Emke.) Appearances: R. Urbanik and R. Hunt for
Trustee; C. Herring, pro se and attempting to appear for Servers, Inc.; M. Emke,
pro se, and being assisted by C. Herring. Nonevidentiary hearing (record and
statements of counsel only). Motion denied, for reasons stated on the record. Mr.
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 180 of 200 PageID 184
USCA5 189
05/23/2011 Urbanik to upload order. (Harden, D.) (Entered: 05/24/2011)
05/23/2011
Hearing held on 5/23/2011. (RE: related document(s)19 Motion to compel
Servers, Inc. to Retain Counsel or, in the Alternative, to Strike Servers, Inc.'s
Pleadings filed by Plaintiff Daniel J. Sherman filed by Plaintiff Daniel J. Sherman,
21 Motion to strike Servers, Inc.'s Pleadings (This motion is alternative relief
sought in Motion # 19) (related document(s): 8 Motion to dismiss adversary
proceeding filed by Defendant Mike Emke, Defendant Conrad Herring, Defendant
Servers, Inc., 9 Support/supplemental document filed by Defendant Mike Emke,
Defendant Conrad Herring, Defendant Servers, Inc., 10 Support/supplemental
document filed by Defendant Mike Emke, Defendant Conrad Herring, Defendant
Servers, Inc., 11 Notice (generic) filed by Defendant Mike Emke, Defendant
Conrad Herring, Defendant Servers, Inc., 12 Notice of hearing filed by Defendant
Mike Emke, Defendant Conrad Herring, Defendant Servers, Inc.) Filed by
Plaintiff Daniel J. Sherman filed by Plaintiff Daniel J. Sherman) Appearances: R.
Urbanik and R. Hunt for Trustee; C. Herring, pro se and attempting to appear for
Servers, Inc.; M. Emke, pro se, and being assisted by C. Herring. Nonevidentiary
hearing (record and statements of counsel only). Motion granted, for reasons stated
on the record. Mr. Urbanik to upload order. (Harden, D.) (Entered: 05/24/2011)
05/23/2011
Hearing held on 5/23/2011. (RE: related document(s)8 Motion to dismiss
adversary proceeding filed by Defendants Mike Emke , Conrad Herring , Servers,
Inc. filed by Defendant Mike Emke, Defendant Conrad Herring, Defendant
Servers, Inc.) Appearances: R. Urbanik and R. Hunt for Trustee; C. Herring, pro se
and attempting to appear for Servers, Inc.; M. Emke, pro se, and being assisted by
C. Herring. Nonevidentiary hearing (record and statements of counsel only).
Motion denied, for reasons stated on the record. Mr. Urbanik to upload order.
(Harden, D.) (Entered: 05/24/2011)
05/24/2011
Proposed order regarding Defendants' motions to dismiss and Trustee's motion
to compel (RE: related document(s)8 Motion to dismiss adversary proceeding filed
by Defendants Mike Emke, Conrad Herring, Servers, Inc., 21 Motion to strike
Servers, Inc.'s Pleadings (This motion is alternative relief sought in Motion # 19
)
(related document(s): 8 Motion to dismiss adversary proceeding filed by
Defendant Mike Emke, Defendant Conrad Herring, Defendant Servers, Inc., 9
Support/supplemental document filed by Defendant Mike Emke, Defendant
Conrad Herring, Defendant Servers, Inc., 10 Support/supplemental document filed
by Defendant Mike Emke, Defendant Conrad Herring, Defendant Servers, Inc., 11
Notice (generic) filed by Defendant Mike Emke, Defendant Conrad Herring,
Defendant Servers, Inc., 12
Notice of hearing filed by Defendant Mike Emke,
Defendant Conrad Herring, Defendant Servers, Inc.) Filed by Plaintiff Daniel J.
Sherman). Document uploaded on 5/24/2011 (Ref-ID: 1306111898281_635).
(Urbanik, Raymond)
05/26/2011
25 Order granting motion to compel (related document # 19), Order denying
motion to dismiss adversary proceeding (related document # 8
), . Entered on
5/26/2011. (Moroles, D.)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 181 of 200 PageID 185
USCA5 190
05/28/2011
26 BNC certificate of mailing - PDF document. (RE: related document(s)25
Order granting motion to compel (related document # 19), Order denying motion
to dismiss adversary proceeding (related document # 8), . Entered on 5/26/2011.)
No. of Notices: 0. Service Date 05/28/2011. (Admin.)
06/01/2011
27 Motion to Reconsider(related documents 25 Order on motion to dismiss
adversary proceeding, Order on motion to compel) filed by Defendant Conrad
Herring (Attachments: 1 Points and Authorities) (Herring, Conrad)
06/01/2011
28 Notice of Appearance and Request for Notice by Carey Dalton Ebert filed
by Defendant Servers, Inc.. (Ebert, Carey)
06/03/2011
29 Notice of Appearance and Request for Notice Amended by Carey Dalton
Ebert filed by Defendant Servers, Inc.. (Ebert, Carey)
06/08/2011
30 Notice of appeal . Fee Amount $255 filed by Defendant Mike Emke (RE:
related document(s)25 Order on motion to stay adversary proceedings in order to
arbitrate). Appellant Designation due by 6/22/2011. (Mathews, M.)
06/08/2011
Receipt of Appeal Filing Fee - $255.00 by MM. Receipt Number 00329079.
(admin)
06/08/2011
32 Statement of Election to have appeal heard by the District Court filed by
Defendant Mike Emke (RE: related document(s)30 Notice of appeal filed by
Defendant Mike Emke). (Whitaker, Sheniqua) (Entered: 06/09/2011)
06/09/2011 31 Answer to complaint filed by Conrad Herring. (Herring, Conrad)
06/09/2011 33 (private) Forms (misc) (Whitaker, Sheniqua)
06/09/2011
34 Certificate of mailing regarding appeal (RE: related document(s)30 Notice
of appeal . (RE: related document(s)25
Order on motion to stay adversary
proceedings in order to arbitrate). (Attachments: 1 Service List) (Whitaker,
Sheniqua)
06/09/2011
35 Notice of guidelines regarding appeals to the U.S. District Court. (RE:
related document(s)30 Notice of appeal . (RE: related document(s)25 Order on
motion to stay adversary proceedings in order to arbitrate). (Whitaker, Sheniqua)
06/09/2011 36 Answer to complaint filed by Servers, Inc.. (Ebert, Carey)
06/09/2011
39 Answer to complaint , Counterclaim by Mike Emke against Ondova Limited
Company , Daniel J. Sherman filed by Mike Emke . (Moroles, D.) (Entered:
06/16/2011)
37 BNC certificate of mailing. (RE: related document(s)35 Notice of guidelines
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 182 of 200 PageID 186
USCA5 191
06/11/2011
regarding appeals to the U.S. District Court. (RE: related document(s)30 Notice of
appeal . (RE: related document(s)25 Order on motion to stay adversary
proceedings in order to arbitrate).) No. of Notices: 0. Service Date 06/11/2011.
(Admin.)
06/11/2011
38 BNC certificate of mailing - PDF document. (RE: related document(s)34
Certificate of mailing regarding appeal (RE: related document(s)30 Notice of
appeal . (RE: related document(s)25 Order on motion to stay adversary
proceedings in order to arbitrate). (Attachments: # 1 Service List)) No. of Notices:
0. Service Date 06/11/2011. (Admin.)
06/20/2011
40 INCORRECT DOCKET ENTRY -Incorrect event code used. Stipulation by
Daniel J. Sherman and Defendant Conrad Herring. filed by Plaintiff Daniel J.
Sherman (RE: related document(s)1 Complaint, 27 Motion to Reconsider(related
documents 25 Order on motion to dismiss adversary proceeding, Order on motion
to compel), 31 Answer to complaint). (Pannier, Lee) Modified on 6/22/2011
(Simpson, B).
06/20/2011
41 Motion for leave to File First Amended Complaint filed by Plaintiff Daniel
J. Sherman (Attachments: 1 Exhibit A) (Pannier, Lee)
06/20/2011
42 Motion for expedited hearing(related documents 41 Motion for leave) filed
by Plaintiff Daniel J. Sherman (Pannier, Lee)
06/20/2011
Proposed order regarding Motion for Expedited Hearing (RE: related
document(s)42 Motion for expedited hearing(related documents 41 Motion for
leave) filed by Plaintiff Daniel J. Sherman). Document uploaded on 6/20/2011
(Ref-ID: 1307134179156_3335). (Pannier, Lee)
06/21/2011
43 Order granting motion for expedited hearing (Related Doc# 42)(document
set for hearing: 41
Motion for leave to File First Amended Complaint ) Entered on
6/21/2011. Hearing to be held on 6/30/2011 at 02:30 PM Dallas Judge Jernigan
Ctrm for 41, (Moroles, D.)
06/22/2011
(private) Documents terminated. (RE: related document(s)40 INCORRECT
DOCKET ENTRY -Incorrect event code used. Stipulation by Daniel J. Sherman
and Defendant Conrad Herring. filed by Plaintiff Daniel J. Sherman (RE: related
document(s)1
Complaint, 27 Motion to Reconsider(related documents 25 Order on
motion to dismiss adversary proceeding, Order on motion to compel), 31
Answer
to complaint). (Pannier, Lee) Modified on 6/22/2011 (Simpson, B).) (Simpson, B)
06/22/2011
44 INCORRECT ENTRY: incorrect event used, see 46. Motion to dismiss
Conrad Herring filed by Defendant Conrad Herring, Plaintiff Daniel J. Sherman
(Pannier, Lee) Modified on 6/24/2011 (Abell, S).
45 Notice of hearing filed by Plaintiff Daniel J. Sherman (RE: related document
(s)41
Motion for leave filed by Counter-Defendant Daniel J. Sherman, Plaintiff
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 183 of 200 PageID 187
USCA5 192
06/22/2011
Daniel J. Sherman). Hearing to be held on 6/30/2011 at 02:30 PM Dallas Judge
Jernigan Ctrm for 41, (Pannier, Lee)
06/23/2011
46 Notice of dismissal of as a party(ies) in this case -- Stipulation of Dismissal
as to Defendant Conrad Herring -- filed by Plaintiff Daniel J. Sherman. (Pannier,
Lee)
06/23/2011
47 BNC certificate of mailing - PDF document. (RE: related document(s)43
Order granting motion for expedited hearing (Related Doc# 42)(document set for
hearing: 41 Motion for leave to File First Amended Complaint ) Entered on
6/21/2011. Hearing to be held on 6/30/2011 at 02:30 PM Dallas Judge Jernigan
Ctrm for 41,) No. of Notices: 2. Service Date 06/23/2011. (Admin.) (Entered:
06/24/2011)
06/24/2011
48 Notice of Appearance and Request for Notice by Nathan Matthew Johnson
filed by Defendant Mike Emke. (Johnson, Nathan)
06/30/2011
49 Transmittal of record on appeal to U.S. District Court . Deficient record on
appeal: APPELLANT DESIGNATION. ,Transmitted: 2 each of Volume 1, Mini
Record. . (RE: related document(s)30 Notice of appeal . (RE: related document(s)
25 Order on motion to stay adversary proceedings in order to arbitrate). (Whitaker,
Sheniqua)
06/30/2011 50 (private) Forms (misc) (Whitaker, Sheniqua)
06/30/2011
Hearing held on 6/30/2011. (RE: related document(s)41 Motion for leave to
File First Amended Complaint filed by Plaintiff Daniel J. Sherman (Attachments:
# 1 Exhibit A) filed by Counter-Defendant Daniel J. Sherman, Plaintiff Daniel J.
Sherman) Appearances: R. Urbanik for Trustee D. Sherman; Trustee D. Sherman;
N. Johnson for Defendant Emke; C. Ebert for Servers entity. Nonevidentiary
hearing. Motion granted. Counsel to upload order. (Harden, D.) (Entered:
07/07/2011)
06/30/2011
56 Notice of docketing record on appeal. Civil Action Number: 3:11-CV-1445-
K (RE: related document(s)30
Notice of appeal . filed by Defendant Mike Emke
(RE: related document(s)25 Order on motion to stay adversary proceedings in
order to arbitrate). (Whitaker, Sheniqua) (Entered: 07/12/2011)
07/01/2011
51 Proposed exhibit to order -- Trustee's First Amended Complaint -- filed by
Plaintiff Daniel J. Sherman (RE: related document(s)41
Motion for leave to File
First Amended Complaint). (Pannier, Lee)
07/01/2011
Proposed order regarding Motion for Leave (RE: related document(s)41
Motion for leave to File First Amended Complaint filed by Plaintiff Daniel J.
Sherman (Attachments: # 1 Exhibit A)). Document uploaded on 7/1/2011 (Ref-ID:
1307134179156_5255). (Pannier, Lee)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 184 of 200 PageID 188
USCA5 193
07/05/2011 52 Answer to counterclaim filed by Daniel J. Sherman. (Pannier, Lee)
07/06/2011
53 Order granting motion for leave to file first amended complaint (related
document # 41
) Entered on 7/6/2011. (Moroles, D.)
07/07/2011
54 Amended complaint by Lee Jacob Pannier on behalf of Daniel J. Sherman
against Mike Emke, Servers, Inc. Adding and removing nature(s) of suit. (RE:
related document(s)1 Adversary case 11-03181. Complaint by Daniel J. Sherman
against Mike Emke, Conrad Herring, Servers, Inc.. Fee Amount $250
(Attachments: 1 Adversary Proceeding Coversheet2 Exhibit A-C). Nature(s) of
suit: 14 (Recovery of money/property - other). 91 (Declaratory judgment). 31
(Approval of sale of property of estate and of a co-owner - 363(h)). filed by
Counter-Defendant Daniel J. Sherman, Plaintiff Daniel J. Sherman). (Attachments:
1 Exhibit A2 Exhibit B3 Adversary Proceeding Cover Sheet) (Pannier, Lee)
07/09/2011
55 BNC certificate of mailing - PDF document. (RE: related document(s)53
Order granting motion for leave to file first amended complaint (related document
# 41) Entered on 7/6/2011.) No. of Notices: 1. Service Date 07/09/2011. (Admin.)
07/18/2011
57 Motion to compel re: discovery Answers to Discovery Requests filed by
Plaintiff Daniel J. Sherman (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit
C) (Pannier, Lee)
07/18/2011
58 Motion for expedited hearing(related documents 57 Motion to compel re:
discovery) filed by Plaintiff Daniel J. Sherman (Pannier, Lee)
07/18/2011
Proposed order regarding Motion for Emergency Hearing (RE: related
document(s)58 Motion for expedited hearing(related documents 57 Motion to
compel re: discovery) filed by Plaintiff Daniel J. Sherman). Document uploaded
on 7/18/2011 (Ref-ID: 1310933023875_31). (Pannier, Lee)
07/19/2011
59 Notice of hearing filed by Plaintiff Daniel J. Sherman (RE: related document
(s)57
Motion to compel re: discovery filed by Counter-Defendant Daniel J.
Sherman, Plaintiff Daniel J. Sherman). Hearing to be held on 7/21/2011 at 09:30
AM Dallas Judge Jernigan Ctrm for 57
, (Pannier, Lee)
07/20/2011
60 Order granting motion for emergency hearing (Related Doc# 58)(document
set for hearing: 57 Motion to compel re: Answers to Discovery Requests ) Entered
on 7/20/2011. Hearing to be held on 7/21/2011 at 09:30 AM Dallas Judge Jernigan
Ctrm for 57, (Moroles, D.)
Hearing held on 7/21/2011. (RE: related document(s)57 Motion to compel re:
discovery Answers to Discovery Requests filed by Plaintiff Daniel J. Sherman
filed by Counter-Defendant Daniel J. Sherman, Plaintiff Daniel J. Sherman)
Appearances: R. Urbanik and R. Hunt for Trustee; N. Johnson for Mr. Emke; C.
Ebert for Servers, Inc. Evidentiary hearing (proffer from Mr. Urbanik). Motion
granted in part and continued in part. Court ordered: full compliance with
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 185 of 200 PageID 189
USCA5 194
07/21/2011
discovery; continued hearing to 7/26/11 at 9:30 am to hear reports of compliance
(with Mr. Emke ordered to appear by phone and also ordered to produce any
police reports documenting stolen computers by hearing); Mr. Emke ordered to
pay $5,000 to Trustees counsel under Rule 37 by 7/25/11; any motion to continue
August trial shall be filed by noon on 7/25/11 and, if filed, will be heard 7/26/11 at
9:30 am; further sanctions may be considered on 7/26/11 if discovery issues not
resolved. Mr. Urbanik to upload order. (Harden, D.)
07/21/2011
61 Hearing continued (RE: related document(s)57 Motion to compel re:
discovery Answers to Discovery Requests filed by Plaintiff Daniel J. Sherman)
Hearing to be held on 7/26/2011 at 09:30 AM Dallas Judge Jernigan Ctrm for 57
,
(Harden, D.)
07/21/2011
Proposed order regarding Motion to Compel (RE: related document(s)57
Motion to compel re: discovery Answers to Discovery Requests filed by Plaintiff
Daniel J. Sherman (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)).
Document uploaded on 7/21/2011 (Ref-ID: 1311259899031_164). (Pannier, Lee)
07/22/2011 62 Amended Answer to complaint filed by Servers, Inc.. (Ebert, Carey)
07/22/2011
63 BNC certificate of mailing - PDF document. (RE: related document(s) 60
Order granting motion for emergency hearing) No. of Notices: 2. Notice Date
07/22/2011. (Admin.)
07/24/2011
64 Answer to complaint , Counterclaim by Mike Emke against Daniel J.
Sherman filed by Mike Emke. (Johnson, Nathan)
07/24/2011
65 Motion to continue hearing on (related documents 54 Amended complaint)
filed by Defendant Mike Emke (Johnson, Nathan)
07/26/2011
66 Notice of hearing -- Notice of Continued Hearing -- filed by Plaintiff Daniel
J. Sherman (RE: related document(s)57 Motion to compel re: discovery filed by
Counter-Defendant Daniel J. Sherman, Plaintiff Daniel J. Sherman). Hearing to be
held on 8/4/2011 at 09:30 AM Dallas Judge Jernigan Ctrm for 57
, (Pannier, Lee)
07/26/2011
Hearing held on 7/26/2011. (RE: related document(s)57 Motion to compel re:
discovery Answers to Discovery Requests filed by Plaintiff Daniel J. Sherman
(Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) filed by Counter-
Defendant Daniel J. Sherman, Plaintiff Daniel J. Sherman) Appearances: R.
Urbanik and L. Pannier for the Trustee; Trustee Sherman; C. Ebert for Servers
Inc.com; N. Johnson for M. Emke (with M. Emke on telephone) . Nonevidentiary
hearing. Court heard reports regarding status of compliance with discovery
requests and prior court order. Motion will be continued to August 4 or 5, as
needed. Counsel to contact CRD regarding setting. (Harden, D.) (Entered:
07/28/2011)
Hearing held on 7/26/2011. (RE: related document(s)65 Motion to continue
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 186 of 200 PageID 190
USCA5 195
07/26/2011
hearing on (related documents 54 Amended complaint) filed by Defendant Mike
Emke filed by Counter-Claimant Mike Emke, Defendant Mike Emke)
Appearances: R. Urbanik and L. Pannier for the Trustee; Trustee Sherman; C.
Ebert for Servers Inc.com; N. Johnson for M. Emke (with M. Emke on
telephone) . Nonevidentiary hearing. Motion granted; TDC continued to 9/12/11 at
1:30 pm and trial the seek of 9/19/11. Counsel to upload amended scheduling
order that reflects these dates and required pretrial order to be submitted 21 days
before TDC and briefs 14 days before TDC. (Harden, D.) (Entered: 07/28/2011)
07/26/2011
67 Trial docket call continued (RE: related document(s)1 Adversary case 11-
03181. Complaint by Daniel J. Sherman against Mike Emke, Conrad Herring,
Servers, Inc.. Fee Amount $250 (Attachments: 1 Adversary Proceeding
Coversheet2 Exhibit A-C). Nature(s) of suit: 14 (Recovery of money/property -
other). 91 (Declaratory judgment). 31 (Approval of sale of property of estate and
of a co-owner - 363(h)).) Trial Docket Call date set for 9/12/2011 at 01:30 PM at
Dallas Judge Jernigan Ctrm. (Harden, D.) (Entered: 07/28/2011)
07/29/2011
68 Order Regarding Trustee's Motion to Compel Responses to Discovery
Requests and Brief in Support Thereof. Entered on 7/29/2011 (RE: related
document(s)57 Motion to compel re: discovery). Continued Hearing to be held on
7/26/2011 at 09:30 AM Dallas Judge Jernigan Ctrm for 57, (Moroles, D.)
07/31/2011
69 BNC certificate of mailing - PDF document. (RE: related document(s) 68
Order Regarding Trustee's Motion to Compel Responses to Discovery Requests
and Brief in Support Thereof. Entered on 7/29/2011) No. of Notices: 2. Notice
Date 07/31/2011. (Admin.)
08/04/2011
70 Notice of dismissal in an adversary proceedingof certain counterclaims filed
by Counter-Claimant Mike Emke. (Johnson, Nathan)
08/04/2011
71 Amended answer to complaint filed by Defendant Mike Emke, Counter-
Defendant Daniel J. Sherman. (Johnson, Nathan), Counterclaim by Mike Emke
against Daniel J. Sherman
08/04/2011
72 Amended Counterclaim by Mike Emke against Daniel J. Sherman (second
amended) (Johnson, Nathan)
08/04/2011
73 Motion for withdrawal of reference. Fee amount $150, filed by Defendant
Mike Emke (Johnson, Nathan)
08/04/2011
Receipt of filing fee for Motion for withdrawal of reference(11-03181-sgj)
[motion,mwdref] ( 150.00). Receipt number 14029063, amount $ 150.00. (U.S.
Treasury)
Hearing held on 8/4/2011. (RE: related document(s)57 Motion to compel re:
discovery Answers to Discovery Requests filed by Plaintiff Daniel J. Sherman
(Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)) Appearances: R. Urbanik
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 187 of 200 PageID 191
USCA5 196
08/04/2011
and R. Hunt for Trustee; N. Johnson for M. Emke. Nonevidentiary hearing. Court
heard status of compliance/noncompliance with discovery. Court announced orally
order on motion to compelrequiring certain compliance by August 5, 2011 and
August 8, 2011 or else discovery sanctions in the form of required delivery of
domain name to Trustee (pending further orders of the court), deemed findings in
favor of trustee, and striking of answer of Defendant. Mr. Urbanik to upload order.
(Harden, D.) (Entered: 08/08/2011)
08/05/2011
Proposed order regarding Trustee's Motion to Compel Responses to Discovery
Requests (RE: related document(s)57 Motion to compel re: discovery Answers to
Discovery Requests filed by Plaintiff Daniel J. Sherman (Attachments: # 1 Exhibit
A# 2 Exhibit B# 3 Exhibit C)). Document uploaded on 8/5/2011 (Ref-ID:
1311259899031_3607). (Urbanik, Raymond)
08/05/2011
74 Declaration of Conrad Herring filed by Defendant Conrad Herring (RE:
related document 57 Motion to compel re: discovery Answers to Discovery
Requests). (Jones, A.) (Entered: 08/08/2011)
08/08/2011
75 Notice of hearing filed by Defendant Mike Emke (RE: related document(s)
73 Motion for withdrawal of reference filed by Counter-Claimant Mike Emke,
Defendant Mike Emke). Status Conference to be held on 9/6/2011 at 09:30 AM at
Dallas Judge Jernigan Ctrm. (Johnson, Nathan)
08/09/2011 76 (private) Forms (misc) (Whitaker, Sheniqua)
08/09/2011
77 Order granting trustee's motion to compel Mike Emke re: discovery request
(related document # 57) Entered on 8/9/2011. (Moroles, D.)
08/09/2011
78 Notice for Service of Order (RE: related document(s)77 Order granting
trustee's motion to compel Mike Emke re: discovery request (related document #
57
) Entered on 8/9/2011.) (Moroles, D.)
08/09/2011
92 Notice of transmission of motion to withdraw reference re: Civil Case #
3:11-CV-1971-F (RE: related document(s)73
Motion for withdrawal of reference.
Fee amount $150, filed by Defendant Mike Emke filed by Counter-Claimant Mike
Emke, Defendant Mike Emke) (Whitaker, Sheniqua) (Entered: 08/17/2011)
08/11/2011
79 Notice - Trustee's Report Regarding Documents Produced Pursuant to
Order Approving Trustee's Motion to Compel Responses to Discovery Requests
and Brief in Support Thereof filed by Plaintiff Daniel J. Sherman. (Attachments: #
1
Exhibit A# 2 Exhibit B# 3 Exhibit C)(Urbanik, Raymond)
08/11/2011
(private) Reopen document (RE: related document(s)57 Motion to compel re:
discovery Answers to Discovery Requests filed by Plaintiff Daniel J. Sherman
(Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) filed by Counter-
Defendant Daniel J. Sherman, Plaintiff Daniel J. Sherman) Reopened to upload
order (Rielly, Bill)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 188 of 200 PageID 192
USCA5 197
08/11/2011
Proposed order regarding Motion to Compel (Order Directing Immediate
Transfer of Internet Domain Name) (RE: related document(s)57 Motion to compel
re: discovery Answers to Discovery Requests filed by Plaintiff Daniel J. Sherman
(Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)). Document uploaded on
8/11/2011 (Ref-ID: 1311259899031_4477). (Urbanik, Raymond)
08/11/2011
80 Response opposed to (related document(s): 73 Motion for withdrawal of
reference. Fee amount $150, filed by Counter-Claimant Mike Emke, Defendant
Mike Emke) filed by Plaintiff Daniel J. Sherman. (Pannier, Lee)
08/11/2011
81 Motion for expedited hearing(related documents 73 Motion for withdrawal
of reference, 75 Notice of hearing) filed by Plaintiff Daniel J. Sherman (Pannier,
Lee)
08/11/2011
Proposed order regarding Motion for Expedited Status Conference (RE:
related document(s)81 Motion for expedited hearing(related documents 73 Motion
for withdrawal of reference, 75 Notice of hearing) filed by Plaintiff Daniel J.
Sherman). Document uploaded on 8/11/2011 (Ref-ID: 1311259899031_4661).
(Pannier, Lee)
08/11/2011
82 BNC certificate of mailing - PDF document. (RE: related document(s) 77
Order granting trustee's motion to compel Mike Emke re: discovery request) No.
of Notices: 2. Notice Date 08/11/2011. (Admin.)
08/11/2011
83 BNC certificate of mailing. (RE: related document(s) 78 Notice for Service
of Order) No. of Notices: 1. Notice Date 08/11/2011. (Admin.)
08/12/2011
84 Order granting motion for expedited hearing (Related Doc# 81)(document
set for hearing: 73 Motion for withdrawal of reference) Entered on 8/12/2011.
Hearing to be held on 8/17/2011 at 09:30 AM Dallas Judge Jernigan Ctrm for 73,
(Moroles, D.)
08/12/2011
85 Notice of hearing -- Notice of Expedited Status Conference -- filed by
Plaintiff Daniel J. Sherman (RE: related document(s)73 Motion for withdrawal of
reference filed by Counter-Claimant Mike Emke, Defendant Mike Emke). Status
Conference to be held on 8/17/2011 at 09:30 AM at Dallas Judge Jernigan Ctrm.
(Pannier, Lee)
08/14/2011
86 BNC certificate of mailing - PDF document. (RE: related document(s) 84
Order granting motion for expedited hearing) No. of Notices: 0. Notice Date
08/14/2011. (Admin.)
08/15/2011
87 Order directing immediate transfer of internet domain name (related
document # 57
) Entered on 8/15/2011. (Sauer, K.)
08/16/2011
88 (private) INCORRECT ENTRY. Form Incomplete Forms (misc) (Whitaker,
Sheniqua) Modified on 8/16/2011 (Whitaker, Sheniqua).
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 189 of 200 PageID 193
USCA5 198
08/16/2011
89 (private) INCORRECT ENTRY: Form Incomplete. Forms (misc) (Whitaker,
Sheniqua) Modified on 8/16/2011 (Whitaker, Sheniqua).
08/16/2011 90 (private) Forms (misc) (Whitaker, Sheniqua)
08/16/2011
91 Reply to (related document(s): 80 Response filed by Counter-Defendant
Daniel J. Sherman, Plaintiff Daniel J. Sherman) filed by Defendant Mike Emke.
(Johnson, Nathan)
08/17/2011
(private) Reopen document to link proposed order (RE: related document(s)57
Motion to compel re: discovery Answers to Discovery Requests filed by Plaintiff
Daniel J. Sherman (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) filed
by Counter-Defendant Daniel J. Sherman, Plaintiff Daniel J. Sherman) (Ecker, C.)
08/17/2011
Proposed order regarding Directing Immediate Transfer of Internet Domain
Name (Amended Order Directing Immediate Transfer of Internet Domain Name)
(RE: related document(s)57 Motion to compel re: discovery Answers to Discovery
Requests filed by Plaintiff Daniel J. Sherman (Attachments: # 1 Exhibit A# 2
Exhibit B# 3 Exhibit C)). Document uploaded on 8/17/2011 (Ref-ID:
1313460033707_441). (Urbanik, Raymond)
08/17/2011
93 BNC certificate of mailing - PDF document. (RE: related document(s) 87
Order directing immediate transfer of internet domain name) No. of Notices: 0.
Notice Date 08/17/2011. (Admin.)
08/17/2011
Status conference held on 8/17/2011. (RE: related document(s)73 Motion for
withdrawal of reference. Fee amount $150, filed by Defendant Mike Emke filed
by Counter-Claimant Mike Emke, Defendant Mike Emke) Appearances: R.
Urbanik and R. Hunt for Trustee; N. Johnson for M. Emke; C. Ebert for Servers,
Inc. Nonevidentiary hearing. Court will issue report and recommendation that
District Court deny motion except as to counts solely dealing with development
obligations and damagesrecommending that such counts be bifurcated and referred
up to District Court for a jury trial adjudication after certification by Bankrutpcy
Court that parties are trial ready. Court to issue Report and Recommendation.
(Harden, D.) (Entered: 08/18/2011)
08/18/2011
94 Amended Order Directing Immediate Transfer of Internet Domain Name
(related document # 57
). Entered on 8/18/2011. (Moroles, D.)
08/20/2011
95 BNC certificate of mailing - PDF document. (RE: related document(s) 94
Amended Order Directing Immediate Transfer of Internet Domain Name) No. of
Notices: 2. Notice Date 08/20/2011. (Admin.)
08/22/2011
96 Report and recommendation to the U.S. District Court by U.S. Bankruptcy
Judge. (RE: related document(s)73 Motion for withdrawal of reference. Fee
amount $150, filed by Defendant Mike Emke filed by Counter-Claimant Mike
Emke, Defendant Mike Emke) (Sauer, K.)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 190 of 200 PageID 194
USCA5 199
08/22/2011 97 (private) Forms (misc) (Sauer, K.)
08/22/2011 98 Answer to counterclaim filed by Daniel J. Sherman. (Pannier, Lee)
08/22/2011
99 Proposed pre-trial order filed by Defendants Mike Emke, Servers, Inc.,
Plaintiff Daniel J. Sherman. (Pannier, Lee)
08/22/2011
Proposed order regarding Joint Pre-Trial Order (RE: related document(s)54
Amended complaint by Lee Jacob Pannier on behalf of Daniel J. Sherman against
Mike Emke, Servers, Inc. Adding and removing nature(s) of suit. (RE: related
document(s)1 Adversary case 11-03181. Complaint by Daniel J. Sherman against
Mike Emke, Conrad Herring, Servers, Inc.. Fee Amount $250 (Attachments: 1
Adversary Proceeding Coversheet2 Exhibit A-C). Nature(s) of suit: 14 (Recovery
of money/property - other). 91 (Declaratory judgment). 31 (Approval of sale of
property of estate and of a co-owner - 363(h)). filed by Counter-Defendant Daniel
J. Sherman, Plaintiff Daniel J. Sherman). (Attachments: 1 Exhibit A2 Exhibit B3
Adversary Proceeding Cover Sheet)). Document uploaded on 8/22/2011 (Ref-ID:
1313460033707_1546). (Pannier, Lee)
08/23/2011
Proposed order regarding Motion to Continue and Revised Scheduling Order
(RE: related document(s)65 Motion to continue hearing on (related documents 54
Amended complaint) filed by Defendant Mike Emke). Document uploaded on
8/23/2011 (Ref-ID: 1313460033707_1647). (Pannier, Lee)
08/23/2011
117 DISTRICT COURT Order Adopting Bankruptcy Court's Recomendation
of the United States Bankruptcy Judge in Re Motion to Withdraw the Reference.
Civil Case No. 3:11-CV-1971-F Entered on 8/23/2011 (RE: related document(s)96
Report and recommendation). (Whitaker, Sheniqua) (Entered: 09/08/2011)
08/23/2011
118 DISTRICT COURT Order granting in part Mike Emke's motion for
withdrawal of reference (related doc # 73
) Entered on 8/23/2011. Civil Case No.
3:11-CV-1971-F. The Court ORDERS that the parties submit a proposed
Scheduling Order within 30 days after the bankruptcy court has certified that the
parties are ready for trial. (Ordered by Judge Royal Furgeson on 8/23/2011)
(Whitaker, Sheniqua) (Entered: 09/08/2011)
08/24/2011
100 BNC certificate of mailing - PDF document. (RE: related document(s) 96
Report and recommendation to the U.S. District Court by U.S. Bankruptcy Judge.)
No. of Notices: 0. Notice Date 08/24/2011. (Admin.)
08/24/2011
101 Order granting motion to continue and revising scheduling order (related
document # 65
), (related documents Amended complaint). Entered on 8/24/2011.
Trial Docket Call date set for 9/12/2011 at 01:30 PM at Dallas Judge Jernigan
Ctrm. (Moroles, D.)
08/24/2011 102 Joint Pre-Trial Order. Entered on 8/24/2011. (Moroles, D.)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 191 of 200 PageID 195
USCA5 200
08/27/2011
103 BNC certificate of mailing - PDF document. (RE: related document(s) 102
Joint Pre-Trial Order. Entered on 8/24/2011.) No. of Notices: 2. Notice Date
08/27/2011. (Admin.) (Entered: 08/28/2011)
08/27/2011
104 BNC certificate of mailing - PDF document. (RE: related document(s) 101
Order granting motion to continue and revising scheduling order) No. of Notices:
2. Notice Date 08/27/2011. (Admin.) (Entered: 08/28/2011)
08/29/2011
105 Witness and Exhibit List filed by Defendant Mike Emke (RE: related
document(s)54 Amended complaint). (Johnson, Nathan)
08/29/2011
106 Brief in opposition filed by Defendant Mike Emke (RE: related document
(s)54 Amended complaint). (Johnson, Nathan)
08/29/2011
107 Witness and Exhibit List filed by Plaintiff Daniel J. Sherman (RE: related
document(s)54 Amended complaint). (Pannier, Lee)
08/29/2011
108 Brief in support filed by Plaintiff Daniel J. Sherman (RE: related document
(s)54 Amended complaint). (Pannier, Lee)
08/30/2011 109 (private) Forms (misc) (Whitaker, Sheniqua)
08/30/2011 110 (private) Forms (misc) (Whitaker, Sheniqua)
08/30/2011
111 Notice of transmittal to the U.S. District Court. Civil Case No. 3:11-CV-
1445-K (RE: related document(s)102 Pre-Trial order). (Whitaker, Sheniqua)
(Entered: 09/06/2011)
08/30/2011
112 Notice of transmittal to the U.S. District Court. Civil Case No. 3:11-CV-
1971-F (RE: related document(s)102 Pre-Trial order). (Whitaker, Sheniqua)
(Entered: 09/06/2011)
09/01/2011
113 Final order from District court Judge Kinkeade, re: appeal on Civil Action
number:3:11-CV-1445-K, DISMISSED Entered on 9/1/2011 (RE: related
document(s)25 Order on motion to dismiss adversary proceeding, Order on motion
to compel). ORDER OF DISMISSAL: Appellant has yet to file a designation of
the record. Accordingly, the Court finds that this appeal should be and hereby is
DISMISSED for want of prosecution. (Ordered by Judge Ed Kinkeade on
9/1/2011) (Whitaker, Sheniqua) (Entered: 09/06/2011)
09/06/2011 (private) Flags set-reset. Appeal Flag removed. (Whitaker, Sheniqua)
09/06/2011
114 Proposed findings of fact and conclusions of law filed by Defendant Mike
Emke (RE: related document(s)54
Amended complaint). (Johnson, Nathan)
115 Proposed findings of fact and conclusions of law filed by Plaintiff Daniel J.
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 192 of 200 PageID 196
USCA5 201
09/06/2011
Sherman (RE: related document(s)54 Amended complaint). (Attachments: # 1
Exhibit A) (Pannier, Lee)
09/08/2011
116 Motion to set hearing(related documents 57 Motion to compel re:
discovery) -- Motion for Continued Hearing on Motion to Compel Reponses to
Discovery Requests and Brief in Support Thereof -- filed by Plaintiff Daniel J.
Sherman (Attachments: # 1
Proposed Order) (Pannier, Lee)
09/12/2011
119 Objection to (related document(s): 107 List (witness/exhibit/generic) filed
by Counter-Defendant Daniel J. Sherman, Plaintiff Daniel J. Sherman) filed by
Defendant Mike Emke. (Johnson, Nathan)
09/12/2011
Trial docket call held on 9/12/2011. (RE: related document(s)54 Amended
complaint by Lee Jacob Pannier on behalf of Daniel J. Sherman against Mike
Emke, Servers, Inc. Adding and removing nature(s) of suit. (RE: related document
(s)1 Adversary case 11-03181. Complaint by Daniel J. Sherman against Mike
Emke, Conrad Herring, Servers, Inc.. Fee Amount $250 (Attachments: 1
Adversary Proceeding Coversheet2 Exhibit A-C). Nature(s) of suit: 14 (Recovery
of money/property - other). 91 (Declaratory judgment). 31 (Approval of sale of
property of estate and of a co-owner - 363(h)). filed by Counter-Defendant Daniel
J. Sherman, Plaintiff Daniel J. Sherman). (Attachments: 1 Exhibit A2 Exhibit B3
Adversary Proceeding Cover Sheet) filed by Counter-Defendant Daniel J.
Sherman, Plaintiff Daniel J. Sherman) Appearances: R. Urbanik for plaintiff, C
Ebert for Servers Inc., Nathan Johnson for defendant. One day trial set to begin
Thursday, 9/22/11 at 2:00 and will resume 9/23/11 at 9:30. (Harden, D.) (Entered:
09/13/2011)
09/12/2011
120 Trial set (RE: related document(s)54 Amended complaint by Lee Jacob
Pannier on behalf of Daniel J. Sherman against Mike Emke, Servers, Inc. Adding
and removing nature(s) of suit. (RE: related document(s)1 Adversary case 11-
03181. Complaint by Daniel J. Sherman against Mike Emke, Conrad Herring,
Servers, Inc.. Fee Amount $250 (Attachments: 1
Adversary Proceeding
Coversheet2
Exhibit A-C). Nature(s) of suit: 14 (Recovery of money/property -
other). 91 (Declaratory judgment). 31 (Approval of sale of property of estate and
of a co-owner - 363(h)). filed by Counter-Defendant Daniel J. Sherman, Plaintiff
Daniel J. Sherman). (Attachments: 1
Exhibit A2 Exhibit B3 Adversary Proceeding
Cover Sheet) filed by Counter-Defendant Daniel J. Sherman, Plaintiff Daniel J.
Sherman) Trial Docket Call date set for 9/22/2011 at 02:00 PM at Dallas Judge
Jernigan Ctrm. (Harden, D.) (Entered: 09/13/2011)
09/13/2011
(private) Proposed Order Setting Trial (RE: related document(s)54 Amended
complaint by Lee Jacob Pannier on behalf of Daniel J. Sherman against Mike
Emke, Servers, Inc. Adding and removing nature(s) of suit. (RE: related document
(s)1 Adversary case 11-03181. Complaint by Daniel J. Sherman against Mike
Emke, Conrad Herring, Servers, Inc. Document uploaded on 9/13/2011 (Ref-ID:
1315491573652_699). (Saucier, Anna)
121 Order Setting Trial.Entered on 9/13/2011 (RE: related document(s)54
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 193 of 200 PageID 197
USCA5 202
09/13/2011
Amended complaint filed by Counter-Defendant Daniel J. Sherman, Plaintiff
Daniel J. Sherman, 116 Motion to set hearing on trustee's motion to compel
responses to discovery requests). Trial date set for 9/22/2011 at 02:00 PM and
continuing to 9/23/2011 at 9:30 AM at Dallas Judge Jernigan Ctrm. (Moroles, D.)
09/15/2011
122 BNC certificate of mailing - PDF document. (RE: related document(s) 121
Order Setting Trial.Entered on 9/13/2011) No. of Notices: 2. Notice Date
09/15/2011. (Admin.)
09/21/2011
123 Notice of Witness and Exhibit List filed by Plaintiff Daniel J. Sherman (RE:
related document(s)116 Motion to set hearing filed by Counter-Defendant Daniel
J. Sherman, Plaintiff Daniel J. Sherman). (Urbanik, Raymond)
09/22/2011
125 Court admitted exhibits date of hearing 9/22/2011: Plaintiff Exhibits 1-68.
Defendant Exhibits 1-25. (RE: related document(s)54 Amended complaint by Lee
Jacob Pannier on behalf of Daniel J. Sherman against Mike Emke, Servers, Inc.
Adding and removing nature(s) of suit. (RE: related document(s)1 Adversary case
11-03181. Complaint by Daniel J. Sherman against Mike Emke, Conrad Herring,
Servers, Inc.. Fee Amount $250 (Attachments: 1 Adversary Proceeding
Coversheet2 Exhibit A-C). Nature(s) of suit: 14 (Recovery of money/property -
other). 91 (Declaratory judgment). 31 (Approval of sale of property of estate and
of a co-owner - 363(h)). filed by Counter-Defendant Daniel J. Sherman, Plaintiff
Daniel J. Sherman). (Attachments: 1 Exhibit A2 Exhibit B3 Adversary Proceeding
Cover Sheet) filed by Counter-Defendant Daniel J. Sherman, Plaintiff Daniel J.
Sherman) (Harden, D.) (Entered: 09/26/2011)
09/22/2011
Hearing held on 9/22/2011. (RE: related document(s)54 Trial: Amended
complaint by Lee Jacob Pannier on behalf of Daniel J. Sherman against Mike
Emke, Servers, Inc. ) Appearances:. R. Hunt and R. Urbanik for Trustee Sherman;
N. Johnson for M. Emke. Evidentiary trial. Court recessed and continued trial to
9/23/11 at 9:30 am. (Garrison, Krystyl) (Entered: 09/30/2011)
09/23/2011
Hearing held on 9/23/2011. (RE: related document(s)54 Trial held )
Appearances:. R. Hunt and R. Urbanik for Trustee Sherman; N. Johnson for M.
Emke. Evidentiary trial. Court issued bench ruling granting Section 363 relief and
receiver relief sought by Plaintiff and instructuing plaintiffs counsel to contact
courtroom deputy for a continued setting on request for attorneys fees and
sanctionsany of which are awarded to be deducted from Emkes 50% share of net
sale proceeds. Counsel to upload written judgment. (Garrison, Krystyl) (Entered:
09/26/2011)
09/26/2011
124 Request for transcript (ruling only) regarding a hearing held on 9/23/2011.
The requested turn-around time is hourly (Garrison, Krystyl)
126 Transcript regarding Hearing Held 09/23/11 RE: ruling portion only of
the hearing on motion to set hearing, motion to compel, and motion for continued
hearing on the motion to compel. THIS TRANSCRIPT WILL BE MADE
ELECTRONICALLY AVAILABLE TO THE GENERAL PUBLIC 90 DAYS
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 194 of 200 PageID 198
USCA5 203
10/05/2011
AFTER THE DATE OF FILING. TRANSCRIPT RELEASE DATE IS 01/3/2012.
Until that time the transcript may be viewed at the Clerk's Office or a copy may be
obtained from the official court transcriber. Court Reporter/Transcriber Palmer
Reporting Services, Telephone number PalmerRptg@aol.com, 800-665-6251.
(RE: related document(s) Hearing held on 9/23/2011. (RE: related document(s)54
Trial held ) Appearances:. R. Hunt and R. Urbanik for Trustee Sherman; N.
Johnson for M. Emke. Evidentiary trial. Court issued bench ruling granting
Section 363 relief and receiver relief sought by Plaintiff and instructuing plaintiffs
counsel to contact courtroom deputy for a continued setting on request for
attorneys fees and sanctionsany of which are awarded to be deducted from Emkes
50% share of net sale proceeds. Counsel to upload written judgment.). Transcript
to be made available to the public on 01/3/2012. (Palmer, Susan)
10/05/2011
Proposed order regarding Findings of Fact and Conclusions of Law (RE:
related document(s)54 Amended complaint by Lee Jacob Pannier on behalf of
Daniel J. Sherman against Mike Emke, Servers, Inc. Adding and removing nature
(s) of suit. (RE: related document(s)1 Adversary case 11-03181. Complaint by
Daniel J. Sherman against Mike Emke, Conrad Herring, Servers, Inc.. Fee Amount
$250 (Attachments: 1 Adversary Proceeding Coversheet2 Exhibit A-C). Nature(s)
of suit: 14 (Recovery of money/property - other). 91 (Declaratory judgment). 31
(Approval of sale of property of estate and of a co-owner - 363(h)). filed by
Counter-Defendant Daniel J. Sherman, Plaintiff Daniel J. Sherman). (Attachments:
1 Exhibit A2 Exhibit B3 Adversary Proceeding Cover Sheet)). Document
uploaded on 10/5/2011 (Ref-ID: 1317131568375_1983). (Pannier, Lee)
10/05/2011
Proposed order regarding Appointment of Receiver over Servers, Inc. (RE:
related document(s)54 Amended complaint by Lee Jacob Pannier on behalf of
Daniel J. Sherman against Mike Emke, Servers, Inc. Adding and removing nature
(s) of suit. (RE: related document(s)1 Adversary case 11-03181. Complaint by
Daniel J. Sherman against Mike Emke, Conrad Herring, Servers, Inc.. Fee Amount
$250 (Attachments: 1 Adversary Proceeding Coversheet2 Exhibit A-C). Nature(s)
of suit: 14 (Recovery of money/property - other). 91 (Declaratory judgment). 31
(Approval of sale of property of estate and of a co-owner - 363(h)). filed by
Counter-Defendant Daniel J. Sherman, Plaintiff Daniel J. Sherman). (Attachments:
1 Exhibit A2 Exhibit B3 Adversary Proceeding Cover Sheet)). Document
uploaded on 10/5/2011 (Ref-ID: 1317131568375_1985). (Pannier, Lee)
10/11/2011
127 INCORRECT ENTRY. Wrong event used. See corrected #129 Application
for compensation Motion to Approve Award of Trustee's Professional Fees and
Expenses for Daniel J. Sherman, Trustee Chapter 11, Period: 3/1/2011 to
9/30/2011, Fee: $310,266.50, Expenses: $8,670.53. Filed by Attorney Raymond J.
Urbanik Objections due by 11/4/2011. (Attachments: # 1
Exhibit A# 2 Exhibit B)
(Urbanik, Raymond) Modified on 10/12/2011 (Kucera, J.).
10/11/2011
128 Notice of hearing filed by Plaintiff Daniel J. Sherman (RE: related
document(s)129
Motion to approve award of Trustee's professional fees and
expenses filed by Plaintiff Daniel J. Sherman). Hearing to be held on 11/7/2011 at
02:30 PM Dallas Judge Jernigan Ctrm for 129
, (Urbanik, Raymond) Modified
linkage on 10/14/2011 (Kucera, J.).
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 195 of 200 PageID 199
USCA5 204
10/11/2011
129 Motion to approve Award of Trustee's Professional Fees and Expenses for
Daniel J. Sherman, Trustee Chapter 11 by Daniel J. Sherman . (Kucera, J.)
(Entered: 10/12/2011)
10/12/2011
(private) Motions terminated per incorrect entry. (RE: related document(s)127
INCORRECT ENTRY. Wrong event used. See corrected #129 Application for
compensation Motion to Approve Award of Trustee's Professional Fees and
Expenses for Daniel J. Sherman, Trustee Chapter 11, Period: 3/1/2011 to
9/30/2011, Fee: $310,266.50, Expenses: $8,670.53. Filed by Attorney Raymond J.
Urbanik Objections due by 11/4/2011. (Attachments: # 1 Exhibit A# 2 Exhibit B)
(Urbanik, Raymond) Modified on 10/12/2011 (Kucera, J.). filed by Counter-
Defendant Daniel J. Sherman, Plaintiff Daniel J. Sherman) (Kucera, J.)
10/18/2011
130 Findings of Fact, Conclusions of Law and Order (RE: related document(s)
54 Amended complaint by Lee Jacob Pannier on behalf of Daniel J. Sherman
against Mike Emke, Servers, Inc. ). (Moroles, D.)
10/18/2011
131 Order Appointing Daniel J. Sherman as Receiver of Servers, Inc.. Entered
on 10/18/2011 (RE: related document(s)54 Amended complaint filed by Counter-
Defendant Daniel J. Sherman, Plaintiff Daniel J. Sherman, 130 Findings of Fact,
Conclusions of Law and Order ). (Moroles, D.)
10/20/2011
132 BNC certificate of mailing - PDF document. (RE: related document(s) 131
Order Appointing Daniel J. Sherman as Receiver of Servers, Inc.. Entered on
10/18/2011) No. of Notices: 2. Notice Date 10/20/2011. (Admin.)
10/20/2011
133 BNC certificate of mailing - PDF document. (RE: related document(s) 130
Findings of Fact, Conclusions of Law and Order) No. of Notices: 2. Notice Date
10/20/2011. (Admin.)
11/01/2011
134 Notice of appeal . Fee Amount $298 filed by Defendant Mike Emke (RE:
related document(s)131
Order (generic)). Appellant Designation due by
11/15/2011. (Herring, Conrad)
11/01/2011
135 Notice Statement of Election to have appeal heard by the District Court
filed by Defendant Mike Emke (RE: related document(s)134 Notice of appeal .
Fee Amount $298 filed by Defendant Mike Emke (RE: related document(s)131
Order (generic)). Appellant Designation due by 11/15/2011.). (Herring, Conrad)
11/01/2011
Receipt of filing fee for Notice of appeal(11-03181-sgj) [appeal,ntcapl]
( 298.00). Receipt number 14460067, amount $ 298.00. (U.S. Treasury)
11/02/2011 136 (private) Forms (misc) (Sauer, K.)
11/02/2011
137 Certificate of mailing regarding appeal (RE: related document(s)134 Notice
of appeal (RE: related document(s)131 Order (generic)).). (Attachments: # 1
Service List) (Sauer, K.)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 196 of 200 PageID 200
USCA5 205
11/02/2011
138 Notice of guidelines regarding appeals to the U.S. District Court. (RE:
related document(s)134 Notice of appeal (RE: related document(s)131 Order
(generic)).). (Sauer, K.)
11/02/2011
139 Witness and Exhibit List filed by Plaintiff Daniel J. Sherman (RE: related
document(s)129 Motion by Daniel J. Sherman.). (Pannier, Lee)
11/02/2011
140 Objection to (related document(s): 129 Motion by Daniel J. Sherman. filed
by Counter-Defendant Daniel J. Sherman, Plaintiff Daniel J. Sherman) filed by
Defendant Mike Emke. (Attachments: # 1 Exhibits) (Johnson, Nathan)
11/02/2011
141 Witness and Exhibit List filed by Defendant Mike Emke (RE: related
document(s)129 Motion by Daniel J. Sherman.). (Johnson, Nathan)
11/04/2011
142 BNC certificate of mailing. (RE: related document(s)138 Notice of
guidelines regarding appeals to the U.S. District Court.) No. of Notices: 0. Notice
Date 11/04/2011. (Admin.)
11/04/2011
143 BNC certificate of mailing - PDF document. (RE: related document(s)137
Certificate of mailing regarding appeal) No. of Notices: 0. Notice Date
11/04/2011. (Admin.)
11/07/2011
144 Court admitted exhibits date of hearing 11/7/2011: Plaintiff Exhibits 1-5.
Defendant Exhibits 1-4 (RE: related document(s)129 Motion to approve Award of
Trustee's Professional Fees and Expenses for Daniel J. Sherman, Trustee Chapter
11 by Daniel J. Sherman .) (Harden, D.) (Entered: 11/08/2011)
11/07/2011
Hearing held on 11/7/2011. (RE: related document(s)129 Motion to Approve
Award of Trustee's Professional Fees and Expenses ) Appearances: R. Urbanik
and R. Hunt for Trustee Sherman; N. Johnson for M. Emke. Evidentiary hearing.
Motion granted based on FOFs and COLs stated orally. Mr. Urbanik to upload
order. (Garrison, Krystyl) (Entered: 11/08/2011)
11/09/2011
145 Request for transcript (ruling only) regarding a hearing held on 11/7/2011.
The requested turn-around time is daily (Harden, D.)
146 Transcript regarding Hearing Held 11/7/11 RE: 129 Motion to
Approve Award of Trustee's Professional Fees and Expenses, Ruling Only. THIS
TRANSCRIPT WILL BE MADE ELECTRONICALLY AVAILABLE TO THE
GENERAL PUBLIC 90 DAYS AFTER THE DATE OF FILING. TRANSCRIPT
RELEASE DATE IS 02/13/2012. Until that time the transcript may be viewed at
the Clerk's Office or a copy may be obtained from the official court transcriber.
Court Reporter/Transcriber Cindy Sumner, Telephone number 214 651-8393. (RE:
related document(s) Hearing held on 11/7/2011. (RE: related document(s)129
Motion to Approve Award of Trustee's Professional Fees and Expenses )
Appearances: R. Urbanik and R. Hunt for Trustee Sherman; N. Johnson for M.
Emke. Evidentiary hearing. Motion granted based on FOFs and COLs stated
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 197 of 200 PageID 201
USCA5 206
11/14/2011
orally. Mr. Urbanik to upload order.). Transcript to be made available to the public
on 02/13/2012. (Sumner, Cindy)
11/15/2011
147 Statement of issues on appeal, filed by Defendant Mike Emke (RE: related
document(s)134
Notice of appeal). (Herring, Conrad)
11/15/2011
148 Appellant designation of contents for inclusion in record on appeal filed by
Defendant Mike Emke (RE: related document(s)134 Notice of appeal, 147
Statement of issues on appeal). Appellee designation due by 11/29/2011. (Herring,
Conrad)
11/29/2011
149 Appellee designation of contents for inclusion in record of appeal filed by
Plaintiff Daniel J. Sherman (RE: related document(s)134 Notice of appeal, 147
Statement of issues on appeal). (Pannier, Lee)
12/02/2011
150 Request for transcript (ruling only) regarding a hearing held on 5/23/2011.
The requested turn-around time is 7-day expedited (Harden, D.)
151 Transcript regarding Hearing Held 05/23/11 RE: Excerpt from:
Hearing on Motions to Stay Adversary; To Compel; To Strike; and To Dismiss
Adversary. THIS TRANSCRIPT WILL BE MADE ELECTRONICALLY
AVAILABLE TO THE GENERAL PUBLIC 90 DAYS AFTER THE DATE OF
FILING. TRANSCRIPT RELEASE DATE IS 03/8/2012. Until that time the
transcript may be viewed at the Clerk's Office or a copy may be obtained from the
official court transcriber. Court Reporter/Transcriber Cathy Sosebee, Telephone
number 806-763-0036. (RE: related document(s) Hearing held on 5/23/2011. (RE:
related document(s)16 (Joint) Motion to stay adversarial proceedings by Mike
Emke.) Appearances: R. Urbanik and R. Hunt for Trustee; C. Herring, pro se and
attempting to appear for Servers, Inc.; M. Emke, pro se, and being assisted by C.
Herring. Nonevidentiary hearing (record and statements of counsel only). Motion
denied, for reasons stated on the record. Mr. Urbanik to upload order., Hearing
held on 5/23/2011. (RE: related document(s)19
Motion to compel Servers, Inc. to
Retain Counsel or, in the Alternative, to Strike Servers, Inc.'s Pleadings filed by
Plaintiff Daniel J. Sherman filed by Plaintiff Daniel J. Sherman, 21 Motion to
strike Servers, Inc.'s Pleadings (This motion is alternative relief sought in Motion
# 19) (related document(s): 8 Motion to dismiss adversary proceeding filed by
Defendant Mike Emke, Defendant Conrad Herring, Defendant Servers, Inc., 9
Support/supplemental document filed by Defendant Mike Emke, Defendant
Conrad Herring, Defendant Servers, Inc., 10 Support/supplemental document filed
by Defendant Mike Emke, Defendant Conrad Herring, Defendant Servers, Inc., 11
Notice (generic) filed by Defendant Mike Emke, Defendant Conrad Herring,
Defendant Servers, Inc., 12 Notice of hearing filed by Defendant Mike Emke,
Defendant Conrad Herring, Defendant Servers, Inc.) Filed by Plaintiff Daniel J.
Sherman filed by Plaintiff Daniel J. Sherman) Appearances: R. Urbanik and R.
Hunt for Trustee; C. Herring, pro se and attempting to appear for Servers, Inc.; M.
Emke, pro se, and being assisted by C. Herring. Nonevidentiary hearing (record
and statements of counsel only). Motion granted, for reasons stated on the record.
Mr. Urbanik to upload order.). Transcript to be made available to the public on
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 198 of 200 PageID 202
USCA5 207
12/09/2011 03/8/2012. (Beale, Jennifer)
12/13/2011
152 Transcript regarding Hearing Held 05/23/11 RE: AMENDED
TRANSCRIPT; CORRECTED ADVERSARY NUMBER; Excerpt from: Hearing
on Motions to Stay Adversary; To Compel; To Strike; and To Dismiss Adversary.
THIS TRANSCRIPT WILL BE MADE ELECTRONICALLY AVAILABLE TO
THE GENERAL PUBLIC 90 DAYS AFTER THE DATE OF FILING.
TRANSCRIPT RELEASE DATE IS 03/12/2012. Until that time the transcript
may be viewed at the Clerk's Office or a copy may be obtained from the official
court transcriber. Court Reporter/Transcriber Cathy Sosebee, Telephone number
806-763-0036. (RE: related document(s) Hearing held on 5/23/2011. (RE: related
document(s)16
(Joint) Motion to stay adversarial proceedings by Mike Emke.)
Appearances: R. Urbanik and R. Hunt for Trustee; C. Herring, pro se and
attempting to appear for Servers, Inc.; M. Emke, pro se, and being assisted by C.
Herring. Nonevidentiary hearing (record and statements of counsel only). Motion
denied, for reasons stated on the record. Mr. Urbanik to upload order., Hearing
held on 5/23/2011. (RE: related document(s)19
Motion to compel Servers, Inc. to
Retain Counsel or, in the Alternative, to Strike Servers, Inc.'s Pleadings filed by
Plaintiff Daniel J. Sherman filed by Plaintiff Daniel J. Sherman, 21 Motion to
strike Servers, Inc.'s Pleadings (This motion is alternative relief sought in Motion
# 19) (related document(s): 8 Motion to dismiss adversary proceeding filed by
Defendant Mike Emke, Defendant Conrad Herring, Defendant Servers, Inc., 9
Support/supplemental document filed by Defendant Mike Emke, Defendant
Conrad Herring, Defendant Servers, Inc., 10 Support/supplemental document filed
by Defendant Mike Emke, Defendant Conrad Herring, Defendant Servers, Inc., 11
Notice (generic) filed by Defendant Mike Emke, Defendant Conrad Herring,
Defendant Servers, Inc., 12 Notice of hearing filed by Defendant Mike Emke,
Defendant Conrad Herring, Defendant Servers, Inc.) Filed by Plaintiff Daniel J.
Sherman filed by Plaintiff Daniel J. Sherman) Appearances: R. Urbanik and R.
Hunt for Trustee; C. Herring, pro se and attempting to appear for Servers, Inc.; M.
Emke, pro se, and being assisted by C. Herring. Nonevidentiary hearing (record
and statements of counsel only). Motion granted, for reasons stated on the record.
Mr. Urbanik to upload order., Hearing held on 5/23/2011. (RE: related document
(s)8
Motion to dismiss adversary proceeding filed by Defendants Mike Emke,
Conrad Herring, Servers, Inc. filed by Defendant Mike Emke, Defendant Conrad
Herring, Defendant Servers, Inc.) Appearances: R. Urbanik and R. Hunt for
Trustee; C. Herring, pro se and attempting to appear for Servers, Inc.; M. Emke,
pro se, and being assisted by C. Herring. Nonevidentiary hearing (record and
statements of counsel only). Motion denied, for reasons stated on the record. Mr.
Urbanik to upload order.). Transcript to be made available to the public on
03/12/2012. (Beale, Jennifer)
12/22/2011
Proposed order regarding Motion to Approve Award of Trustee's Professional
Fees (RE: related document(s)129 Motion to approve Award of Trustee's
Professional Fees and Expenses for Daniel J. Sherman, Trustee Chapter 11 by
Daniel J. Sherman.). Document uploaded on 12/22/2011 (Ref-ID:
1324570987356_14). (Urbanik, Raymond)
153 Order granting motion (order approving motion to approve award of
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 199 of 200 PageID 203
USCA5 208
12/27/2011
trustee's professional fees) (related document # 129) Entered on 12/27/2011.
(Jones, A.)
12/29/2011
154 BNC certificate of mailing - PDF document. (RE: related document(s)153
Order granting motion) No. of Notices: 0. Notice Date 12/29/2011. (Admin.)
(Entered: 12/30/2011)
01/04/2012
(private) Deadlines terminated. Transcript released for public viewing.
(Garrison, Krystyl)
01/09/2012
155 Amended notice of appeal filed by Defendant Mike Emke (RE: related
document(s)134 Notice of appeal). (Herring, Conrad)
01/10/2012
156 Certificate of mailing regarding appeal (RE: related document(s)155
Amended notice of appeal (RE: related document(s)134
Notice of appeal)).
(Attachments: # 1 Service List) (Sauer, K.)
01/12/2012
157 BNC certificate of mailing - PDF document. (RE: related document(s)156
Certificate of mailing regarding appeal) No. of Notices: 0. Notice Date
01/12/2012. (Admin.) (Entered: 01/13/2012)
01/24/2012 158 (private) Forms (misc) (Whitaker, Sheniqua)
01/24/2012
159 Transmittal of record on appeal to U.S. District Court . Deficient record on
appeal: APPELLANT RECORD: Volume 2, Doc. 118 out of order (See page
275), Doc. 127 out of order (See page 284) Pages 283 and 339 extra documents;
Volume 3, Doc. 125 Plaintiff Exh. 1 missing and document out of order (See
pages 340-453 and 479-602), Page 454 extra document, Doc. 144, Exh. 1&2
missing and document out of order (See page 454) and unable to verify Exh. 3
(Court's records incomplete); Volume 4, Page 603 extra document and Doc. 146
missing. ,Transmitted: 2 each of Volume 1, Mini Record. Number of appellant
volumes: 3 Number of appellee volumes: 1. (RE: related document(s)134
Notice
of appeal . (Whitaker, Sheniqua)
01/24/2012 160 (private) Forms (misc) (Whitaker, Sheniqua)
01/24/2012
161 Notice of docketing record on appeal. Civil Action Number: 3:12-CV-
00244-M (RE: related document(s)134 Notice of appeal . Fee (Whitaker,
Sheniqua)
02/02/2012
162 DISTRICT COURT ORDER. Order reassigning appeal to a different
district judge. Now assigned to District Judge:(Furgeson). Civil Action Number:
3:12-CV-0244-F Entered on 2/2/2012 (RE: related document(s)134 Notice of
appeal filed by Counter-Claimant Mike Emke, Defendant Mike Emke). (Sauer, K.)
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 200 of 200 PageID 204
USCA5 209
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
In re §
ONDOVOA LIMITED COMPANY §
§
Debtor § Bankruptcy Case No. 09-34784-SGJ
§
§
JEFFERY BARON, §
§
§
Appellants § Case No. 12-cv-00367
v. §
§
DANIEL J. SHERMAN, §
CHAPTER 11 TRUSTEE §
§
Appellee §
ORDER CLOSING CASE
On June 15, 2012, the Court entered its Order Concerning Baron’s Standing on Appeal
from the Bankruptcy Court (Doc. No. 21) where it found, among other things, that Baron had
standing to appeal the bankruptcy court’s order approving the sale of Servers.com,
notwithstanding the existence of the Receivership.
In light of the Fifth Circuit’s recent opinion on this matter (Docket No. 10-11202), this
Court is of the opinion that there are no further issues for it to address concerning the sale of
Servers.com. Accordingly, the Clerk of the Court is instructed to CLOSE this case.
IT IS SO ORDERED.
SIGNED this 7th day of January, 2013.
_______________________
Royal Furgeson
Senior United States District Judge
Case 3:12-cv-00367-F Document 22 Filed 01/07/13 Page 1 of 1 PageID 1562
USCA5 1566
NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT - Page 1
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
Jeffrey Baron §
Appellant §
§
v. § CASE NO. 3:12-cv-00367-F (O)
§
Chapter 11 Trustee Daniel J. Sherman §
Appellee §
NOTICE OF APPEAL TO THE
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Notice is hereby given that Jeffrey Baron, Appellant, hereby appeals to the United
States Court of Appeals for the Fifth Circuit from:
a. [DOC 22] The District Court’s Order Administratively Closing Case. In light of the
Fifth Circuit's recent opinion on this matter (Ordered by Judge Royal Furgeson on
1-7-2013).
Appellant appeals the order under 28 U.S.C. §158(d).
Case 3:12-cv-00367-F Document 23 Filed 02/06/13 Page 1 of 3 PageID 1563
USCA5 1567
NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT - Page 2
The parties to the orders appealed from and the names, addresses, and telephone
numbers of their respective attorneys are as follows:
Appellant: Jeffrey Baron
Represented on Appeal by:
Gary N. Schepps
Drawer 670804
Dallas, Texas 75367
Telephone (972) 200-0000
Facsimile (972) 200-0535
legal@schepps.net
Appellee: Trustee Daniel J. Sherman
Represented by: Raymond J. Urbanik
Munsch, Hardt, Koph & Harr, PC
500 N. Akard Street, Suite 3800
Dallas, Texas 75201-6659
Telephone (214) 855-7500
Facsimile (214) 855-7584
rurbanik@munsch.com
Dated: February 6, 2013.
Respectfully submitted,
/s/ Gary N. Schepps
Gary N. Schepps
State Bar No. 00791608
Drawer 670804
Dallas, Texas 75367
Telephone (972) 200-0000
Facsimile (972) 200-0535
legal@schepps.net
APPELLATE COUNSEL
JEFFREY BARON, APPELLANT
Case 3:12-cv-00367-F Document 23 Filed 02/06/13 Page 2 of 3 PageID 1564
USCA5 1568
NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT - Page 3
CERTIFICATE OF SERVICE
This is to certify that this was served on all parties who receive notification
through the Court’s electronic filing system and including:
Raymond J. Urbanik
Munsch, Hardt, Koph & Harr, PC
500 N. Akard Street, Suite 3800
Dallas, Texas 75201-6659
rurbanik@munsch.com
/s/ Gary N. Schepps
Gary N. Schepps
Case 3:12-cv-00367-F Document 23 Filed 02/06/13 Page 3 of 3 PageID 1565
USCA5 1569
