Receiver’s Objection to Trustee’s Fee App Doc 1248

IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF TEXAS 
DALLAS DIVISION 
NETSPHERE, INC.,  § 
MANILA INDUSTRIES, INC., AND  § 
MUNISH KRISHAN       § 
  § 
  PLAINTIFFS,  § 
  § 
V.  §  CIVIL ACTION NO. 3:09-CV-0988-F 
  § 
JEFFREY BARON AND  § 
ONDOVA LIMITED COMPANY,  § 
  § 
  DEFENDANTS.  § 
RECEIVER’S OBJECTION TO TRUSTEE’S FEE APPLICATION  
 
  Based  on  this  Court’s  Scheduling  Order  of  April  5,  2013  [Docket  No.  1220]  Peter S. 
Vogel,  Receiver  over  Jeffrey  Baron  and  the  Receivership  Parties  (the  “Receiver”),  files  this 
Objection  to  the  Fee  Application  filed  by  the  Chapter  11  Trustee  Daniel  J.  Sherman  (the 
“Trustee”) on April 17, 2013 [Docket No. 1229] since the Trustee has never been hired by the 
Receiver as a Receivership Professional. 
I.  RECEIVERSHIP PROFESSIONALS  
  Based on the recommendation of the Honorable Stacey Jernigan, judge in the Ondova 
Bankruptcy (In re Ondova Ltd. Co., No. 09-34784), on November 24, 2010 the Trustee in the 
Ondova Bankruptcy, filed an Emergency Motion of Trustee for Appointment of a Receiver Over 
Jeffrey  Baron.  On  November 24, 2010  this  Court  issued  the  Order Appointing Receiver  (the 
“Receivership Order”) [Docket No. 124] which included authority for the Receiver to “…choose, 
engage, and employ attorneys, accountants, appraisers, and other Independent contractors and 
technical specialists (collectively, “Professionals”) … Receiver deems advisable or necessary…” 
Receivership Order, p. 8. As a result of the Receivership Order, from November 24, 2010 until 
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RECEIVER’S OBJECTION TO TRUSTEE’S FEE APPLICATION      Page 2 
today the Receiver has dedicated time almost daily to the Receivership estate, which work has 
been  extremely  complex  and  involves  a  unique  set  of  circumstances  created  by  Mr.  Baron’s 
vexatious  behavior  in  this  Court,  and  many  other  Courts.  As  the  Court  is  well-aware,  the 
Receiver has hired many Professionals in the ensuing litigation and for the management of the 
Receivership estate as listed in chronological order below, HOWEVER THE TRUSTEE IS 
NOT INCLUDED IN THIS LIST:  
Professionals 
 
Purpose 
Beginning Date 
Ending Date 
Gardere Wynne Sewell LLP 
Counsel for the Receiver 
November 2010 
July 2012 
13 law firms outside of Texas 
Served as local counsel 
for the filing of 28 USC 
§754 miscellaneous 
actions to reach 
Receivership assets 
December 2010 
Present 
Thomas Jackson 
Counsel for Receivership 
parties Novo Point, LLC 
and Quantec, LLC 
December  2010 
March 2011 
Joshua Cox 
Counsel for Receivership 
party Quantec, LLC  
December  2010 
Present 
James Eckels 
Counsel for Receivership 
party Novo Point, LLC 
December  2010 
Present 
Jeffrey Harbin 
Manager of Receivership 
parties Novo Point, LLC 
and Quantec, LLC 
December  2010 
February 2011 
Gary Lyon 
Counsel for the Receiver 
December  2010 
Present 
Grant Thornton LLP 
CPAs for Receivership 
December  2010 
Present 
Martin Thomas 
Counsel for Jeffery 
Baron in the Ondova 
Bankruptcy 
December  2010 
September 2012 
Damon Nelson 
Manager of Receivership 
parties Novo Point, LLC 
and Quantec, LLC 
February 2011 
Present 
Dykema Gossett PLLC 
Counsel for the Receiver 
July 2012 
Present 
Matt Morris 
Expert Witness for 
Confirmation Hearing in 
Ondova Bankruptcy 
October 2012 
Present 
 
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RECEIVER’S OBJECTION TO TRUSTEE’S FEE APPLICATION      Page 3 
The Receiver has contracts with the Receivership Professionals to pay their fees and expenses 
subject to the approval of the Court, HOWEVER THE RECEIVER HAS NEVER HAD A 
CONTRACT WITH THE TRUSTEE, AND ACCORDINGLY THE TRUSTEE IS NOT A 
RECEIVERSHIP PROFESSIONAL. 
II.  FEES AND EXPENSES OF THE RECEIVERSHIP 
  On April 17, 2013 the Receiver filed a Fee Application for the Receivership Professionals 
and the Receiver which did not include the Trustee since the Trustee has never been hired as a 
Receivership Professional, and accordingly the Receiver objects to the Trustee’s Fee Application 
in its entirety.   
 
Respectfully submitted, 
 
 
By:   /s/ Peter S. Vogel 
Peter S. Vogel 
State Bar No. 20601500 
1601 Elm Street, Suite 3000 
Dallas, Texas  75201 
(214) 999-3000 
(214) 999-3422 Facsimile 
 
RECEIVER, PETER S. VOGEL 
 
 
 
 
CERTIFICATE OF SERVICE 
 
  I hereby certify that a true and correct copy of the foregoing document was served via the 
Court’s ECF system on all counsel of record on April 25, 2013. 
By:   /s/ Peter S. Vogel 
Peter S. Vogel 
 
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