Emergency Motion for Reconsideration Doc 823

 
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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF TEXAS 
DALLAS DIVISION 
 
NETSPHERE, INC.,       § 
MANILA INDUSTRIES, INC., and   § 
MUNISH KRISHAN,       §  
Plaintiffs.           § 
  § Civil Action No. 3-09CV0988-F 
 v.   §  
 §  
JEFFREY BARON, and      §   
ONDOVA LIMITED COMPANY,    § 
 Defendants.     § 
 
EMERGENCY MOTION FOR RECONSIDERATION OF MOTION FOR 
LEAVE TO FILE: MOTION TO RECONSIDER STAY OF DOMAIN 
NAME SALES PENDING APPEAL  
 
TO THE HONORABLE JUDGE ROYAL FURGESON: 
COMES NOW JEFF BARON, and moves this Court to reconsider granting 
leave to file the following motion to reconsider stay of the sale of domain names 
pending appeal as this Honorable Court advised the Fifth Circuit would be done. 
[Doc 631].   
1.  Review of the ruling of this Honorable Court indicates that this Honorable 
Court’s ruling was based in the impression that Baron attempted to seek concurrent 
relief in the appellate court.  If relevant to the considerations of this Honorable 
Court, that impression is in error.  
2.  Baron filed only
 for relief before this Honorable Court, and the LLCs filed 
before the Fifth Circuit in conformity with the directives and orders of this 
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Honorable Court.  Baron was not a party to the motion before the Fifth Circuit. 
See Attached Exhibit A. 
3.  This motion for reconsideration raises the foregoing to the attention of the 
Court,  if that matter is relevant to the Court’s decision regarding stay.  
4.  Your Honor entered an Advisory order stating that Your Honor “would stay 
orders concerning the sale of domain names and orders concerning fees to be paid 
to the Baron attorneys pending appeal.”  If relevant movant notes that: (1) Baron 
has no secret off-shore bank accounts; (2) The assets are not being sold at 
reasonable prices; (3) The assets are not owned by Baron, they are owned by the 
Village Trust, a medical research trust set up by Baron over half a decade ago;  
(4) Baron has never
 received income or taken funds from the trust for his personal 
use.
 
WHEREFORE, Jeff Baron respectfully requests his Honorable Court to 
reconsider granting leave to file for stay of the domain name sales pending 
resolution of the issues on appeal before the Fifth Circuit.  
Respectfully submitted, 
  /s/ Gary N. Schepps
 
Gary N. Schepps 
Texas State Bar No. 00791608 
Drawer 670804 
Dallas, Texas 75367 
(214) 210-5940 - Telephone 
(214) 347-4031 - Facsimile 
E-mail: legal@schepps.net 
COUNSEL FOR JEFF BARON 
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CERTIFICATE OF SERVICE 
This is to certify that this document was served this day on all parties who receive 
notification through the Court’s electronic filing system. 
CERTIFIED BY:  /s/ Gary N. Schepps
 
      Gary N. Schepps 
 
 
 
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TO THE HONORABLE JUSTICES OF THE FIFTH CIRCUIT COURT OF 
APPEALS: 
 
 
COMES NOW Novo Point LLC, and Quantec LLC, Appellants, and move 
for an emergency order to immediately and temporarily stay the order of the 
District Court to sell immediately in private, no-auction sales what appears to be 
$60 Million
 in assets for $0.02 cents on the Dollar.  The District Court had advised 
this Honorable Court that if allowed to rule on the motions to sell the domain name 
assets it would stay the sales to allow appeal.  SR. v9 p97.    Contrary to the 
District Court’s advisory to this Honorable Court,  it has not stayed the sales, and 
has ordered they be conducted immediately. 
Jurisdiction of the Court of Appeals 
When property is placed into a receivership, it is taken into possession by 
the court through its representative, the receiver.  See Booth v. Clark, 58 U.S. 322, 
331 (1855).  When a receivership order is appealed, the effect of the appeal is that 
the appellate court has “jurisdiction over the res the same as the trial court had”.  
Palmer v. Texas, 212 U.S. 118, 126 (1909).  Accordingly, this Honorable Court 
currently holds possession and jurisdiction over the assets of Novo Point LLC and 
Quantec, LLC. R. 3934, 4306.  Pursuant to 28 U.S.C. §1651, this Honorable Court 
may issue “all writs necessary or appropriate in aid of their respective 
jurisdictions”.  If the District Court’s order authorizing sale of receivership 
assets— the domain names owned by Novo Point LLC and Quantec LLC— is not 
Case: 10-11202     Document: 00511742749     Page: 9     Date Filed: 01/31/2012
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