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. §
ORDER DENYING STEPHEN COCHELL’S MOTION FOR APPOINTMENT AS
COUNSEL TO OPPOSE CREATION OF LIQUIDATING TRUST BUT GRANTING
STEPHEN COCHELL THE RIGHT TO APPEAR AS COUNSEL FOR JEFFREY
BARON IN CONNECTION WITH CREATION OF LIQUIDATING TRUST
BEFORE THE COURT is Stephen Cochell’s Motion for Appointment as Counsel to
Oppose Creation of Liquidating Trust, to Determine Compensation and, in the Alternative to File
a Declaration Under Seal for In Camera Inspection in the above action (Doc. No. 1054). The
Court is of the opinion that it is unnecessary to grant the motion. Mr. Cochell wishes to appear in
this matter and represent Jeffrey Baron at Mr. Baron’s request. He certainly is entitled to do so
and does not need this Court’s appointment to do so. Therefore, it is ORDERED that Mr.
Cochell’s Motion is DENIED.
On the other hand, since Mr. Cochell is appearing for Mr. Baron and specifically to
contest the creation of the liquidating trust, it is appropriate to extend to him a retainer, since the
Receiver is holding funds which will be returned to Mr. Baron, even if the liquidating trust is
approved, less the payouts required by the possible resolution of this matter. Therefore, it is
ORDERED that the Receiver deliver to Mr. Cochell $25,000 as a retainer for fees and $25,000
as a retainer for experts before October 5, 2012. How to eventually cover Mr. Cochell’s fees and
Case 3:09-cv-00988-F Document 1056 Filed 09/28/12 Page 1 of 2 PageID 60686
expenses is a decision for a later time. For example, if the settlement proposed by the Receiver is
approved, the Receivership will close and all net funds will be delivered to Mr. Baron, giving
him funds that will be more than sufficient to pay Mr. Cochell.
IT IS SO ORDERED.
SIGNED this 28th day of September, 2012.
_______________________
Royal Furgeson
Senior United States District Judge
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