AMENDED ORDER APPROVING TRUSTEE'S MOTION FOR EXAMINATION OF JEFFREY BARON PURSUANT
TO BANKRUPTCY RULE 2004 – PAGE 1
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
In re:
ONDOVA LIMITED COMPANY,
DEBTOR
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CASE NO. 09-34784-SGJ-11
Chapter 11
AMENDED ORDER APPROVING TRUSTEE'S MOTION FOR EXAMINATION
OF JEFFREY BARON PURSUANT TO BANKRUPTCY RULE 2004
At Dallas, Texas, in said District, on the 4
TH
day of March, 2010, this Court was advised
of an agreement reached between Daniel J. Sherman ("Trustee") and counsel for Jeffrey Baron
("Baron") regarding the Rule 2004 Examination of Mr. Baron which was previously approved
pursuant to the Order Approving Trustee's Motion for Examination of Jeffrey Baron pursuant to
Bankruptcy Rule 2004 entered on February 1, 2010. The Court was advised that the Trustee
had scheduled the examination for Friday, March 5, 2010, however pursuant to a request by
counsel for Baron, the Trustee agreed to delay the Rule 2004 examination to a later date. The
Court has also heard from counsel for Mr. Baron who has indicated that Mr. Baron may have
certain health issues.
Counsel for the Trustee and Baron announced on the record that the Rule 2004
examination of Baron will take place no later than two weeks from March 5, 2010 which date is
U.S. BANKRUPTCY COURT
NORTHERN DISTRICT OF TEXAS
ENTERED
TAWANA C. MARSHALL, CLERK
THE DATE OF ENTRY IS
ON THE COURT'S DOCKET
The following constitutes the ruling of the court and has the force and effect therein described.
Signed March 8, 2010 United States Bankruptcy Judge
Case 09-34784-sgj11 Doc 280 Filed 03/09/10 Entered 03/09/10 08:47:58 Desc
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AMENDED ORDER APPROVING TRUSTEE'S MOTION FOR EXAMINATION OF JEFFREY BARON PURSUANT
TO BANKRUPTCY RULE 2004 – PAGE 2
March 19, 2010. This Court requires that the examination must take place on or before that
date and if Baron fails to appear, he will be held in contempt. In said event, the Trustee shall
promptly advise this Court. In the event that Baron has a health or medical situation which
requires a continuance, counsel for Baron must file a motion for protective order, request an
emergency hearing and at such hearing have present a licensed physician to address the Court
regarding Baron's health condition. Accordingly, it is therefore,
ORDERED:
1. Mr. Baron shall appear for his Rule 2004 Examination to be conducted by the
Trustee no later than March 19, 2009. If he fails to appear for such Rule 2004 examination, he
shall be held in contempt.
2. In the event that Baron cannot attend the Rule 2004 Examination because of a
medical condition, counsel for Baron must file a motion for protective order, schedule an
emergency hearing and at such hearing have present a licensed physician who can testify
before this Court regarding Baron's physical condition and why Baron cannot attend his Rule
2004 Examination.
IT IS SO ORDERED.
# # # END OF ORDER # # #
Submitted by:
Raymond J. Urbanik, Esq.
Texas Bar No. 20414050
MUNSCH HARDT KOPF & HARR, P.C.
3800 Lincoln Plaza
500 North Akard Street
Dallas, Texas 75201-6659
Telephone: (214) 855-7500
Facsimile: (214) 855-7584
E-mail: rurbanik@munsch.com
ATTORNEYS FOR DANIEL J. SHERMAN,
CHAPTER 11 TRUSTEE
MHDocs 2551096_1 11236.1
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