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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. §

JEFFREY BARON, and §

ONDOVA LIMITED COMPANY, §

Defendants. §

EMERGENCY MOTION FOR RECONSIDERATION OF MOTION FOR

LEAVE TO FILE: MOTION TO RECONSIDER STAY OF DOMAIN

NAME SALES PENDING APPEAL

TO THE HONORABLE JUDGE ROYAL FURGESON:

COMES NOW JEFF BARON, and moves this Court to reconsider granting

leave to file the following motion to reconsider stay of the sale of domain names

pending appeal as this Honorable Court advised the Fifth Circuit would be done.

[Doc 631].

1. Review of the ruling of this Honorable Court indicates that this Honorable

Court’s ruling was based in the impression that Baron attempted to seek concurrent

relief in the appellate court. If relevant to the considerations of this Honorable

Court, that impression is in error.

2. Baron filed only

for relief before this Honorable Court, and the LLCs filed

before the Fifth Circuit in conformity with the directives and orders of this

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Honorable Court. Baron was not a party to the motion before the Fifth Circuit.

See Attached Exhibit A.

3. This motion for reconsideration raises the foregoing to the attention of the

Court, if that matter is relevant to the Court’s decision regarding stay.

4. Your Honor entered an Advisory order stating that Your Honor “would stay

orders concerning the sale of domain names and orders concerning fees to be paid

to the Baron attorneys pending appeal.” If relevant movant notes that: (1) Baron

has no secret off-shore bank accounts; (2) The assets are not being sold at

reasonable prices; (3) The assets are not owned by Baron, they are owned by the

Village Trust, a medical research trust set up by Baron over half a decade ago;

(4) Baron has never

received income or taken funds from the trust for his personal

use.

WHEREFORE, Jeff Baron respectfully requests his Honorable Court to

reconsider granting leave to file for stay of the domain name sales pending

resolution of the issues on appeal before the Fifth Circuit.

Respectfully submitted,

/s/ Gary N. Schepps

Gary N. Schepps

Texas State Bar No. 00791608

Drawer 670804

Dallas, Texas 75367

(214) 210-5940 - Telephone

(214) 347-4031 - Facsimile

E-mail: legal@schepps.net

COUNSEL FOR JEFF BARON

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CERTIFICATE OF SERVICE

This is to certify that this document was served this day on all parties who receive

notification through the Court’s electronic filing system.

CERTIFIED BY: /s/ Gary N. Schepps

Gary N. Schepps

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TO THE HONORABLE JUSTICES OF THE FIFTH CIRCUIT COURT OF

APPEALS:

COMES NOW Novo Point LLC, and Quantec LLC, Appellants, and move

for an emergency order to immediately and temporarily stay the order of the

District Court to sell immediately in private, no-auction sales what appears to be

$60 Million

in assets for $0.02 cents on the Dollar. The District Court had advised

this Honorable Court that if allowed to rule on the motions to sell the domain name

assets it would stay the sales to allow appeal. SR. v9 p97. Contrary to the

District Court’s advisory to this Honorable Court, it has not stayed the sales, and

has ordered they be conducted immediately.

Jurisdiction of the Court of Appeals

When property is placed into a receivership, it is taken into possession by

the court through its representative, the receiver. See Booth v. Clark, 58 U.S. 322,

331 (1855). When a receivership order is appealed, the effect of the appeal is that

the appellate court has “jurisdiction over the res the same as the trial court had”.

Palmer v. Texas, 212 U.S. 118, 126 (1909). Accordingly, this Honorable Court

currently holds possession and jurisdiction over the assets of Novo Point LLC and

Quantec, LLC. R. 3934, 4306. Pursuant to 28 U.S.C. §1651, this Honorable Court

may issue “all writs necessary or appropriate in aid of their respective

jurisdictions”. If the District Court’s order authorizing sale of receivership

assets— the domain names owned by Novo Point LLC and Quantec LLC— is not

Case: 10-11202 Document: 00511742749 Page: 9 Date Filed: 01/31/2012

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