Motion to Vacate Order Adopting Jernigans Rpt and Rec Doc 202

MOTION TO VACATE ORDER ADOPTING UNITED STATES BANKRUPTCY JUDGE STACEY G.C. 
JERNIGAN'S REPORT - 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.                     §   
                        § 
JEFFREY BARON, and      §   
ONDOVA LIMITED COMPANY,    § 
  Defendants.        § 
 
MOTION TO VACATE ORDER ADOPTING UNITED STATES 
BANKRUPTCY JUDGE STACEY G.C. JERNIGAN'S REPORT AND 
RECOMMENDATION [DOC 119] TO CLARIFY RECORD FOR 
HEARING ON STAY PENDING APPEAL & BRIEF IN SUPPORT 
 
TO THE HONORABLE ROYAL FURGESON, U.S. DISTRICT COURT JUDGE: 
   COMES  NOW,  Jeffrey  Baron,  Appellant,  and  respectfully  requests  this 
Court to clarify the record of proceedings and to vacate the Order Adopting United 
States  Bankruptcy  Judge  Stacey  G.C.  Jernigan's  Report  and  Recommendation 
[DOC 119]. 
1. The adoption of the bankruptcy court’s report was in direct violation of 
the Federal Rules of Bankruptcy Procedure. Bankruptcy Rule 9033, which governs 
the  procedure  for  transmittal  of  reports  and  recommendations  and  mandatorily 
requires  that  “Within  14  days  after  being  served  with  a  copy  of  the  proposed 
findings  of  fact  and  conclusions  of  law a  party  may  serve  and file  with the clerk 
written  objections  which  identify  the  specific  proposed  findings  or  conclusions 
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MOTION TO VACATE ORDER ADOPTING UNITED STATES BANKRUPTCY JUDGE STACEY G.C. 
JERNIGAN'S REPORT - Page 2 
objected  to  and  state  the  grounds  for  such  objection.”      This  procedure  was 
circumvented and less than 14 days after the drafting of the report, the district 
court adopted the report, circumventing the statutory objection period  
 
   FOR  THE  FORGOING  REASONS,  Mr.  Baron  respectfully  requests  this 
Court to vacate the Order Adopting United States Bankruptcy Judge Stacey G.C. 
Jernigan's Report and Recommendation [DOC 119]. 
 
                          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 
 
 
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MOTION TO VACATE ORDER ADOPTING UNITED STATES BANKRUPTCY JUDGE STACEY G.C. 
JERNIGAN'S REPORT - 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. 
/s/ Gary N. Schepps       
                          Gary N. Schepps 
 
 
CERTIFICATE OF CONFERENCE 
This  is  to  certify  that  the  undersigned  called  conferred  with  Mr.  Raymond  J. 
Urbanik,  attorney for  DANIEL J.  SHERMAN,  Trustee  for  ONDOVA LIMITED 
COMPANY, and they oppose. 
/s/ Gary N. Schepps       
                          Gary N. Schepps 
 
 
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