RESPONSE TO [DOC#221] - 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. §
APPELLANTS’ JOINT RESPONSE TO RECEIVER'S MOTION FOR
REIMBURSEMENT OF ADDITIONAL PERSONAL FUNDS [DOC#221]
TO THE HONORABLE ROYAL FURGESON, U.S. DISTRICT JUDGE:
COMES NOW, Appellant, defendant Jeffrey Baron and Appellants NovoPoint,
LLC and Quantec, LLC and make this joint response to Receiver's Motion for
Receiver's Motion for Reimbursement of Additional Personal Funds [Doc#221].
1. Appellants adopt and incorporate by reference the argument and
authority raised in Appellants’ Limited Objection To The Receiver's First
Application For Reimbursement Of Fees Incurred By Receivership Professional
Joshua Cox [Doc#190] and in Appellants’ Joint Objection And Response To (1)
The Receiver's First Application For Reimbursement Of Fees And Expenses
Incurred By The Receiver [Doc#192] and (2) The Receiver's First Application For
Reimbursement Of Fees And Expenses Incurred By Gardere Wynne Sewell LLP
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RESPONSE TO [DOC#221] - Page 2
[Doc#193] and Appellants’ Joint Response and Motion to Strike the Receiver's
Motion For Order Confirming Propriety of Fund Management [Doc#245].
2. In Document #250 the receiver erroneously represents that 28 U.S.C.
2041 applies only to “Moneys Paid into Court.” The receiver redacted
the
relevant portion of the law. The un-redacted text is quite opposite that relied upon
and ‘quoted’ by the receiver. The un-redacted text: “All moneys paid into any
court of the United States, or received by the officers thereof, in any case
pending or adjudicated in such court, shall be forthwith deposited with the
Treasurer of the United States”, 28 U.S.C. 2041 (emphasized portion was redacted
by receiver). Notably, a receiver is an officer of the court which appoints him.
E.g., Great Western Mining & Mfg. Co. v. Harris, 198 U.S. 561, 574 (1905);
United States v. Pollard, 115 F.2d 134 (5th Cir. 1940).
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,
NOVOPOINT, LLC, AND
QUANTEC, LLC
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RESPONSE TO [DOC#221] - 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
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