PRONSKE & PATEL, P.C.’S MOTION FOR ORDER HOLDING JEFFREY BARON IN CONTEMPT OF
COURT – Page 1 of 5
Gerrit M. Pronske
State Bar No. 16351640
Rakhee V. Patel
State Bar No. 00797213
Melanie P. Goolsby
State Bar No. 24059841
PRONSKE & PATEL, P.C.
2200 Ross Avenue, Suite 5350
Dallas, Texas 75201
(214) 658-6500 - Telephone
(214) 658-6509 – Telecopier
Email: gpronske@pronskepatel.com
Email: rpatel@pronskepatel.com
Email: mgoolsby@pronskepatel.com
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
In re: §
§
ONDOVA LIMITED COMPANY §
§
§ CASE NO. 09-34784-SGJ-11
§ Chapter 11
Debtor. §
PRONSKE & PATEL, P.C.’S MOTION FOR ORDER
HOLDING JEFFREY BARON IN CONTEMPT OF COURT
TO THE HONORABLE STACEY G. JERNIGAN,
UNITED STATES CHIEF BANKRUPTCY JUDGE:
Pronske & Patel, P.C. (“Pronske & Patel”) hereby files this Motion for Order Holding
Jeffrey Baron (“Baron”) in Contempt of Court (the “Motion”) and would respectfully show as
follows:
1. On September 14, 2012, Pronske & Patel filed its Amended Application for
Payment of Fees as an Administrative Expense for a Substantial Contribution to the Estate (the
“Amended Application”) [Docket No. 814], seeking compensation for fees and expenses
incurred in representing Baron in the above-referenced bankruptcy case and additional
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compensation for fees and expenses incurred since the entry of the District Court Fee Order
1
2. In preparation for the hearing on the Amended Application, Pronske & Patel
noticed Baron for a deposition on October 11, 2012. Late in the day on October 10, 2012, Baron
filed his Emergency Motion for Protective Order (the “Motion for Protective Order”) [Docket
No. 850] to quash Pronske & Patel’s notice of deposition.
to
collect on the fees and expenses allowed therein.
3. After conducting an emergency hearing on October 12, 2012, this Court granted the
Motion for Protective Order and ordered that Pronske & Patel’s deposition of Baron take place
between November 9, 2012 and November 13, 2012, unless otherwise mutually agreed upon
between Baron and Pronske & Patel. See October 12, 2012 Hearing Transcript, attached hereto
as Exhibit A, p. 156, ln.24 – p.157, ln.10. See also Docket Text re Hearing Held filed on
October 16, 2012.
4. On October 16, 2012, Pronske & Patel circulated its Amended Notice of Intention
to Take Oral Deposition of Jeffrey Baron (the “Notice of Deposition”) via email to counsel for
Baron. A true and correct copy of the Notice of Deposition is attached hereto as Exhibit B and
incorporated by reference herein.
5. In connection with its Notice of Deposition, the undersigned counsel also reached
out to counsel for Baron via telephone on October 16, 2012, and email on October 16, 2012, to
seek mutual agreement on a date and time for the Baron deposition. A true and correct copy of
email correspondence from Gerrit Pronske to Stephen Cochell is attached hereto as Exhibit C
and incorporated by reference herein. Baron was not responsive to the undersigned counsel’s
efforts to obtain a mutually agreeable date and time for the court-ordered deposition.
1
The Findings of Fact, Conclusions of Law, and Order on Assessment and Disbursement of Former Attorney
Claims entered by the United States District Court for the Northern District of Texas, Dallas Division in Netsphere,
Inc., et al v. Baron, Civil Action No. 3:09-CV-0988-F.
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6. Without any explanation or notice to the undersigned counsel (including the filing
of a Motion for Protective Order, the sending of an email, or even a phone call or phone
message), Baron simply violated this Court’s directive and failed to appear at the noticed
deposition on the morning of November 12, 2012. A true and correct copy of the court
reporter’s Certificate of Nonappearance of Jeffrey Baron dated November 12, 2012 is attached
hereto as Exhibit D and incorporated by reference herein. Baron did not file a motion to quash
the Notice of Deposition or take any other legal steps to obtain a protective order excusing him
from appearing at the November 12, 2012 deposition.
7. The Affidavit of Gerrit M. Pronske (the “Pronske Affidavit”) is attached hereto as
Exhibit E and incorporated by reference herein. As set forth in the Pronske Affidavit, Pronske
& Patel estimates that it has incurred $3,575.00 in attorney’s fees and $368.10 in expenses
preparing for the Baron deposition and preparing this Motion.
8. Baron has violated this Court’s order directing him to cooperate with Pronske &
Patel’s efforts to obtain discovery related to its Amended Application. Pronske & Patel has
incurred attorney’s fees and costs in preparing for and attending a deposition that never occurred
because of Baron’s actions taken in bad faith. Pronske & Patel hereby requests that the Court
award appropriate sanctions against Baron based upon his civil contempt of this Court’s orders,
including monetary sanctions in an amount equal to the fees and expenses Pronske & Patel has
incurred in connection with the deposition and procedural sanctions prohibiting Baron from
putting on evidence opposed to Pronske & Patel’s Amended Application at the hearing
scheduled for November 13, 2012.
WHEREFORE Pronske & Patel respectfully requests that this Court grant this Motion
and enter an order directing Baron to appear before this Court and show cause why he should not
be held in contempt of court, and, upon such hearing, the Court find that Baron has committed a
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PRONSKE & PATEL, P.C.’S MOTION FOR ORDER HOLDING JEFFREY BARON IN CONTEMPT OF
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civil contempt of court and impose such sanctions as may be appropriate, including monetary
sanctions equal to the amount of attorney’s fees and expenses that Pronske & Patel has incurred
as a result of Baron’s contempt of court and procedural sanctions prohibiting Baron from putting
on evidence opposed to Pronske & Patel’s Amended Application.
Dated: November 12, 2012.
Respectfully submitted,
/s/ Gerrit M. Pronske
Gerrit M. Pronske
State Bar No. 16351640
Rakhee V. Patel
State Bar No. 00797213
Melanie P. Goolsby
State Bar No. 24059841
PRONSKE & PATEL, P.C.
2200 Ross Avenue, Suite 5350
Dallas, Texas 75201
(214) 658-6500 - Telephone
(214) 658-6509 – Telecopier
Email: gpronske@pronskepatel.com
Email: rpatel@pronskepatel.com
Email: mgoolsby@pronskepatel.com
CERTIFICATE OF CONFERENCE
I hereby certify that, on November 12, 2012, I attempted to confer with counsel for
Jeffrey Baron, Mr. Stephen Cochell, via email and telephone regarding the relief requested in
this Motion. As of the time of filing, however, Mr. Cochell has not responded to my attempts to
confer.
/s/ Gerrit M. Pronske
Gerrit M. Pronske
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CERTIFICATE OF SERVICE
The undersigned does hereby certify that, on November 12, 2012, a true and correct copy
of the above and foregoing pleading was served upon the counsel listed below via email and
facsimile and also via ECF email upon all parties accepting such service.
Stephen R. Cochell
The Cochell Law Firm, P.C.
7026 Old Katy Road, Suite 259
Houston, Texas 77096
Fax: 713-980-1179
Email: srcochell@cochellfirm.com
/s/ Melanie P. Goolsby
Melanie P. Goolsby
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