Motion to Reset Hearing Date Doc 454

 
-2-
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.   §   
  § Motion for Expedited Relief 
JEFFREY BARON, and      §   
ONDOVA LIMITED COMPANY,    § 
  Defendants.          § 
 
MOTION FOR LEAVE TO FILE: EXPEDITED MOTION TO RESET 
APRIL 25 HEARING DATE 
 
TO THE HONORABLE JUDGE ROYAL FURGESON: 
COMES  NOW JEFF  BARON,  and moves this Court to grant leave to file the 
following expedited motion to reset the hearing currently set for April 25, 2011 because 
that  date  falls  on  the  21
st
  day  of  Nisan,  a  religious  day  of  observance  for  the 
undersigned counsel. 
The undersigned counsel observes the religious holiday of Passover according to 
the lunar calendar.  This year, the 15 and 16
th
 of Nisan (Nisan is the first month of the 
Hebrew calendar, representing God’s freeing the Hebrew nation from slavery in Egypt) 
fall  on the 19
th
 and 20
th
 of April.  Those are the first two observed days of Passover.  
The 21
st
 and 22
nd
 of Nisan fall this year on the 25
th
 and 26
th
 days of April.  Those are the 
second two observed days of Passover.   As a matter of religious faith and observance, 
the undersigned is prohibited from working on those dates. 
Case 3:09-cv-00988-F   Document 454   Filed 04/18/11    Page 1 of 3   PageID 17285

 
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The  undersigned  has  attempted  to  have  another  attorney  fill  in  during  the 
religious holiday. Primarily because they were concerned that they would be ordered to 
be counsel for all purposes without pay, as this Court has done to the undersigned, no 
attorney was willing to assist in appearing on this matter– as appears to be an intended 
or unintended purpose of the prior orders of the Court, to prevent Mr. Baron from being 
represented by experienced federal trial counsel. 
The receiver has refused to agree to resetting the hearing date for their motion.  
This is the first time in all of the undersigned’s years of practice that a movant has ever 
failed to extend the courtesy of making an agreed motion to reset a hearing falling on 
the  Passover  holiday,  and  has  forced the undersigned to file a formal motion seeking 
such relief.    
 
 
Respectfully submitted, 
 
  /s/ Gary N. Schepps 
Gary N. Schepps 
Texas State Bar No. 00791608 
5400 LBJ Freeway, Suite 1200 
Dallas, Texas 75240 
(214) 210-5940 - Telephone 
(214) 347-4031 - Facsimile 
E-mail: legal@schepps.net 
COURT ORDERED TRIAL 
COUNSEL FOR JEFF BARON 
 
 
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CERTIFICATE OF SERVICE 
 
This  is  to  certify  that  this  brief  was  served  this  day  on  all  parties  who  receive 
notification through the Court’s electronic filing system. 
 
 
CERTIFICATE OF CONFERENCE 
This is to certify that I contacted counsel for the receiver, and was unable to obtain 
their agreement to this motion. 
 
CERTIFIED BY:  /s/ Gary N. Schepps 
            Gary N. Schepps 
 
 
 
VERIFICATION 
 
DATED: April 18, 2011. 
             
I declare under penalty of perjury that the cause for continuance stated in this motion 
is true and correct. 
/s/ Gary N. Schepps 
Gary N. Schepps 
 
 
 
Case 3:09-cv-00988-F   Document 454   Filed 04/18/11    Page 3 of 3   PageID 17287