EMERGENCY MOTION TO CLARIFY OR MODIFY JANUARY 7, 2011 ORDER [DOC#219] AND FOR
FURTHER EMERGENCY RELIEF - Page 1
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
NETSPHERE, INC., § Civil Action No. 3-09CV0988-F
MANILA INDUSTRIES, INC., and §
MUNISH KRISHAN, §
Plaintiffs. §
§
v. § MOTION FOR EMERGENCY RELIEF
§
JEFFREY BARON, and §
ONDOVA LIMITED COMPANY, §
Defendants. §
EMERGENCY MOTION TO CLARIFY OR MODIFY JANUARY 7, 2011
ORDER [DOC#219] AND FOR FURTHER EMERGENCY RELIEF
TO THE HONORABLE ROYAL FURGESON, U.S. DISTRICT JUDGE:
NOW COMES Jeffrey Baron, Appellant, and files this Emergency Motion
to Clarify or Modify this Court’s January 7, 2011 Order [Doc#219] and for Further
Relief and would raise to the attention of this Court:
I. REQUEST FOR EXPEDITED HEARING
Mr. Baron requests that the Court consider this motion on an expedited
basis, at the earliest time available to the Court and within 72 hours from the
motion’s filing.
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II. SUMMARY
1. Mr. Baron needs immediate access to his money. He is currently living
in an apartment with no heat, has no health insurance, and no working car. He
needs legal and mental health counsel.
III. REPRESENTATION NEEDED
2. Mr. Baron is in need of legal representation for several matters outside of
the appeal of the receivership.
3. For example, Mr. Baron has no heat or air-conditioning in his apartment.
It is freezing cold. Mr. Baron has no money to rent another apartment— this
Court has seized all his money. Accordingly, Mr. Baron needs on an immediate
and emergency basis competent and experienced counsel to seek on his behalf
relief so that he may immediately rent an apartment with heat and air-conditioning.
4. Mr. Baron would also like to purchase a home in a safe and secure
neighborhood. Accordingly, Mr. Baron needs on an immediate basis competent
and experienced counsel to seek on his behalf relief so that he may purchase a
home in a safe and secure neighborhood.
5. Mr. Baron does not have an operative car. It is a hardship not having a
car to drive. Accordingly, Mr. Baron needs on an emergency basis competent
and experienced counsel to seek on his behalf relief so that he may immediately
purchase a car.
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6. Mr. Baron now does not have health insurance. Accordingly, Mr. Baron
needs on an emergency basis competent and experienced counsel to seek on his
behalf relief so that he may immediately sign up for coverage.
7. Mr. Baron faces threats to a multitude of his rights, such as right to
privacy and protection of the private and attorney client communications and work
product for attorneys who may have consulted with him in the past. Currently the
receiver has solicited attorney client materials from former counsel, and there
appears to be a very real threat that the material will be filed of public record. Mr.
Baron needs on an emergency basis competent and experienced counsel to protect
his rights of privacy and his attorney-client privileges, etc.
8. Mr. Baron needs money for food, utilities, transportation, clothes, and
other necessary living expenses. Mr. Baron has not received any of his money
released to him this month, and needs on an emergency basis competent and
experienced counsel to represent him with relationship to these matters.
9. Mr. Baron has been left without medical insurance and funds for
food or drugs he needs for his serious medical conditions, literally in a
freezing cold apartment without transportation, while the receiver/custodian
of Mr. Baron is seeking to be awarded hundreds of thousands of dollars of
Mr. Baron’s savings for its work as Mr. Baron’s ‘conservator’.
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10. Mr. Baron also needs help securing his rights under the global settlement
agreement, including dismissal of district court lawsuit, obtaining the programming
code he was quit-claimed, and securing other rights under the settlement contract.
11. This Court seems intent on moving forward with setting up a
kangaroo court
1
with Mr. Vogel acting on behalf of this Court as prosecutor
and judge. Accordingly, Mr. Baron needs access to his money to hire
experienced trial counsel to defend each of the 'claims' solicited by the
prosecutor/judge receiver.
IV. APPELLATE REPRESENTATION
12. On January 7th the Court entered an order stating in part “Mr. Gary
Schepps and Mr. Peter Barrett will serve as Mr. Baron's counsel for all purposes.”
13. In conjunction with the order, the Court stated that money would not be
released to Mr. Baron's appellate counsel to pay for attorney’s fees and expenses
for Mr. Baron.
2
14. Failure to stay the receivership to allow money to Mr. Baron to pay his
appellate counsel impedes his ability to obtain full representation in his appeal. By
restraining Mr. Baron from funding his appeal, counsel for Mr. Baron is unable to
1
The term is especially appropriate in the context of the proceedings in this case. In modern usage, as noted by
wikipedia, “A kangaroo court's proceedings deny due process rights in the name of expediency.” Notably, “The
term ‘kangaroo court’ may have been popularized during the California Gold Rush of 1849. The first recorded use is
from 1853 in a Texas context.” Id. As the United States Supreme Court ruled in Rideau v. Louisiana, 373 U.S. 723,
726 (1963), “The case now before us does not involve physical brutality. The kangaroo court proceedings in this
case involved a more subtle but no less real deprivation of due process of law.”
2
January 4, 2011 hearing, at page 204 "THE COURT: By the way, I misspoke about one thing. I don't think I can do
anything about your fees if Mr. Baron doesn't pay you after the receivership is over."
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retain and associate additional counsel to assist with multiple aspects of Mr.
Baron's appeal. The representation on appeal is therefore handicapped by the
inability to bring in additional manpower to assist with the appeal.
15. If the intention of the Court is to sanction appellate counsel for
representing Mr. Baron on appeal, and to order counsel to represent Mr. Baron
without pay for daring to raise the unconstitutional and unlawful actions taken
against Mr. Baron, then counsel respectfully requests reconsideration of such order
which acts to chill a party’s' ability to obtain representation to appeal court orders.
16. Appellate counsel is physically unable to represent Mr. Baron on all of
the matters needing representation, because of existing obligations that do not
physically allow enough hours in the day to undertake such representation. An
initial retainer of $150,000.00 is necessary for appellate counsel to retain additional
counsel to represent Mr. Baron in the matters for which he needs further
representation. Notably, each attorney 'claim' is like an independent lawsuit, and
will require its own representation to put on a proper defense to the 'claim'.
17. Notably, Mr. Peter Barrett was hired to assist Mr. Schepps for a very
narrow purpose and scope at the hearings December 17, 2010 and January 4, 2011.
This Court interfered with that employment and directed Mr. Barrett to represent
Mr. Baron at that hearing as his counsel for all purposes. Mr. Barrett has zero
experience in handling civil matters in the Federal Court, and Mr. Baron has never
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agreed to accept Mr. Barrett as his civil counsel. This Court's attempt to foist an
inexperienced attorney upon Mr. Baron is inappropriate, and if such was this
Court's intention, request is made for reconsideration.
V. PRIVATE COUNSELING NEEDED
18. Mr. Baron needs private counseling to assist him emotionally in what is
a very difficult and trying circumstance— a federal judge has ex-parte, behind
closed doors imposed a severe and harsh punishment not authorized by any statute
or case law— and has made Mr. Baron and all his property a ward of a 'receiver'.
19. Where in a democratic society we would expect a judge to be an
unbiased arbiter of disputes raised before him, here Mr. Baron is faced with a
prosecutor judge that has decided Mr. Baron has acted wrongfully, and has taken it
upon himself to take action against Mr. Baron to 'do justice'. Having had all his
assets, including his exempt assets such as his Roth IRA, seized by the judge, Mr.
Baron has to this date been forced to stay in a freezing apartment with no heat.
His heath insurance has been cancelled, etc.
20. The emotional weight on any person in such a circumstance would be
heavy. Mr. Baron accordingly needs what he is entitled to under the law and
Constitution, to private counsel with mental health professionals of his choice.
The consultation is entitled to complete privacy, including the privacy as to the
identity of the professional and content of the counsel and therapy.
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VI. PRAYER
Wherefore, Mr. Baron prays that this Honorable Court grant this motion, and
clarify or modify the January 7, 2001 Order so that Mr. Baron may obtain counsel to
represent him on the many areas for which representation is needed, and jointly order
further relief to allow Mr. Baron to rent an apartment with heat, purchase a car, seek
private therapy, etc.
Respectfully submitted,
/s/ Gary N. Schepps
Gary N. Schepps
State Bar No. 00791608
Drawer 670804
Dallas, Texas 75367
(214) 210-5940
(214) 347-4031 Facsimile
APPELLATE COUNSEL FOR
JEFFREY BARON
CERTIFICATE OF SERVICE
This is to certify that this was served on all parties who receive notification
through the Court’s electronic filing system.
/s/ Gary N. Schepps
Gary N. Schepps
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CERTIFICATE OF CONFERENCE
This is to certify that the undersigned repeatedly attempted to confer with Mr.
Raymond J. Urbanik, and other counsel for for DANIEL J. SHERMAN, Trustee
for ONDOVA LIMITED COMPANY, but, likely due to the weather conditions,
no conference has been possible.
/s/ Gary N. Schepps
Gary N. Schepps
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