Schepps Motion to Furgeson That Baron Will Not Receive Unpartial Treatment Doc 498

 
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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.   §   
  § Motion for Expedited Relief 
JEFFREY BARON, and      §   
ONDOVA LIMITED COMPANY,    § 
  Defendants.          § 
 
MOTION FOR LEAVE TO FILE: MOTION PURSUANT TO 28 U.S.C. 144 
 
TO THE HONORABLE JUDGE ROYAL FURGESON: 
COMES  NOW JEFF  BARON,  and moves this Court to grant leave to file the 
following motion pursuant to 28 U.S.C. §144:  
Based upon a careful review of the record of the case, and based upon the Court’s 
ruling with respect to the ‘unfounded’ nature of the statements made with respect to Peter 
Barrett, the undersigned counsel certifies that Jeff Baron’s affidavit and statements that he 
cannot  receive  fair  and  impartial  treatment  nor  a  fair  and  impartial  hearing before Judge 
Furgeson with respect to attorneys’ claims has been made in good faith. 
WHEREFORE,  the  SECTION  144  AFFIDAVIT  OF  JEFFREY  BARON  is 
presented to this Court, for a determination of whether the facts and reasons set out in 
the  affidavit  give  fair  support  to  the  charge  of  a  bent  of  mind  that  may  prevent  or 
impede impartiality of judgment with respect the claims of attorneys and the respective 
defenses thereto.   
 
Case 3:09-cv-00988-F   Document 498    Filed 04/27/11    Page 1 of 3   PageID 18374

 
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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 
 
 
Case 3:09-cv-00988-F   Document 498    Filed 04/27/11    Page 2 of 3   PageID 18375

 
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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 GOOD FAITH 
DATED: April 27, 2011. 
Based  upon  a  careful  review  of  the  record  of  the  case,  and  based  upon  the  Court’s 
ruling  with  respect  to  the  ‘unfounded’  nature  of  the  statements  made  with  respect  to 
Peter  Barrett,  the  undersigned  counsel  certifies  that  Jeff  Baron’s  affidavit  and 
statements that  he  cannot  receive  fair and impartial  treatment nor  a  fair and impartial 
hearing  before  Judge  Furgeson  with  respect  to  attorneys’  claims  has  been  made  in 
good faith. 
I  am  a solo practitioner  and this motion  was presented as quickly as I was able after 
the Court’s ruling with respect to the Barrett issues.  I carefully reviewed the material 
to  provide  this  certificate  and  present  this  motion  and  there  was  delay  due  to  5 
intervening days for which I have a firm religious commitment not to work (4 days of 
Passover and  a Sabbath).   The prior  two business  days have  been  religious holidays, 
and  that  is  why  this  motion  is  filed  now and not  on  Monday.  This motion  has been 
made in good faith and is not intended as a surprise or as a procedural maneuver. 
/s/ Gary N. Schepps 
Gary N. Schepps 
Case 3:09-cv-00988-F   Document 498    Filed 04/27/11    Page 3 of 3   PageID 18376