UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS, DALLAS DIVISION
In Re: Ondova Limited Company, Debtor § Case No. 0-34784-SGJ-11
Jeffrey Baron §
Appellant §
vs. §
Daniel J. Sherman, Chapter 11 Trustee
§
Appellee §
[691] Order granting trustee's motion to sell property of the estate Entered on 11/14/2011
VOLUME 1
MINI RECORD
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BTXN 101 (rev. 10/02)
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF TEXAS
In Re: §
§
§
§
§
§
§
§
§
§
§
§
§
Ondova Limited Company
Debtor(s)
Case No.: 09−34784−sgj11
Chapter No.: 11
Jeffrey Baron
Appellant(s)
vs.
Daniel J. Sherman, Chapter 11 Trustee
Appellee(s)
INDEX OF RECORD FOR THE PURPOSE OF APPEAL
Page No. Item Description
Appellant Designation
Appellee Designation
1 Notice of Appeal
8 Appealed order
11 Docket sheet
153 09−3251− associated case docket sheet
157 10−3281− associated case docket sheet
166 11−3181− associated case docket sheet
DATED: 2/3/12 FOR THE COURT:
Tawana C. Marshall, Clerk of Court
by: /s/J. Blanco, Deputy Clerk
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Gary N. Schepps
Texas State Bar No. 00791608
5400 LBJ Freeway, Suite 1200
Dallas, Texas 75240
(214) 210-5940 - Telephone
(214) 347-4031 - Facsimile
Email: legal@schepps.net
FOR APPELLANT
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
In re: §
§ Case No. 09-34784-SGJ
ONDOVA LIMITED COMPANY, § (Chapter 11)
Debtor §
§
NOTICE OF APPEAL
Jeffrey Baron appeals to the United States District Court for the Northern
District of Texas, Dallas Division, under 28 U.S.C. §158 from Docket Number
691, the Bankruptcy Judge’s Order Granting Trustee's Motion to Sell Property of
The Estate (Servers.com) entered on 11-14-2011.
The names of all parties to the order, or decree appealed from and the
names, addresses, and telephone numbers of their respective attorneys are as
follows
:
Daniel J. Sherman representing Daniel J. Sherman (Trustee)(Appellee)
Sherman & Yaquinto
509 N. Montclair Ave.
Dallas, TX 75208-5498
(214) 942-5502
djsherman@syllp.com
Jay Ong representing Daniel J. Sherman Trustee Munsch Hardt Kopf & Lee
Jacob Pannier Harr, P.C.
Munsch, Hardt, Kopf
& Harr, P.C.
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000001
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3800 Lincoln Plaza
500 N Akard St
Dallas, Tx 75201
(214) 855-7500
Raymond J. Urbanik representing Daniel J. Sherman; Munsch Hardt Kopf & Harr,
Munsch, Hardt, Kopf & Harr PC P.C.
500 N. Akard St., Ste. 3800
Dallas, TX 75201-6659
214-855-7590
214-978-4374 (fax)
rurbanik@munsch.com
Other Interested Parties:
Charla Aldous representing Aldous Law Firm
Aldous Law Firm
2305 Cedar Springs, Suite 200
Dallas, TX 75201
214-526-5595
Mark Edward Andrews representing Grupo Andrea, S.A. de C.V.
Cox Smith Matthews Incorporated
1201 Elm Street, Suite 3300
Dallas, TX 75270
(214)698-7800
(214)698-7899 (fax)
Stanley D. Broome representing Jeffrey Baron
The Broome Law Firm, PLLC
105 Decker Court
Suite 850
Irving, TX 75062
(214)574-7500
(214)574-7501 (fax)
sbroome@broomelegal.com
Gerrit M. Pronske representing Pronske & Patel, PC
Pronske & Patel, P.C.
2200 Ross Avenue
Suite 5350
Dallas, TX 75201
214 658-6500
214-658-6509 (fax)
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Craig Alan Capua representing Iguana Consulting, LLC, Novo Point, LLC,
West & Associates, LLP Quantec, LLC
320 South R.L. Thornton Fwy.,
Ste. 300
Dallas, TX 75203
(214) 941-1881
(214) 941-1399 (fax)
craig.c@westllp.com
Jeanne Crandall representing Reyna Hinds & Crandall
Reyna, Hinds & Crandall
1201 Elm Street, Suite 3850
Dallas, TX 75270
(214) 760-8100 x103
(214) 760-8109 (fax)
jeannecrandall@sbcglobal.net
Angela B. Degeyter representing VeriSign, Inc.
Vinson & Elkins, LLP
2001 Ross Ave., Ste. 3700
Dallas, TX 75201-2975
(214) 220-7763
(214) 999-7763 (fax)
adegeyter@velaw.com
James Michael Eckels representing Quantec, LLC Novo Point, LLC, The Village
7505 John Carpenter Freeway Trust
Dallas, TX 75247
(972) 439-1882
(817) 704-4489 (fax)
jamesmeckels@gmail.com
William Lloyd Foreman representing Owens, Clary & Aiken, LLP
Owens, Clary & Aiken, L.L.P.
700 N. Pearl St., No. 1600
Dallas, TX 75201
(214)698-2107
214-698-2121 (fax)
wforeman@oca-law.com
Michael A. Grow representing Grupo Andrea, S.A. de C.V.
Arent Fox LLP
1050 Connecticut Ave, NW
Washington, DC 20036
202-857-6395
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Michael S. Haynes representing Peter S. Vogel
Akin Gump Strauss
Hauer & Feld LLP
1700 Pacific Avenue
Suite 4100
Dallas, TX 75201
(214)969-2845
(214)969-4343 (fax)
mhaynes@akingump.com
Melissa S. Hayward representing Manila Industries, Inc. ; Netsphere, Inc.;
Franklin Skierski Lovall Franklin Skierski Lovall Hayward LLP
Hayward LLP
10501 N. Central Expry, Ste. 106
Dallas, TX 75231
972-755-7104
972-755-7114 (fax)
MHayward@FSLHlaw.com
Edwin Paul Keiffer representing Ondova Limited Company; Wright Ginsberg
Wright Ginsberg Brusilow P.C. Brusilow, P.C.
Republic Center, Suite 4150
325 North St. Paul Street
Dallas, TX 75201
(214) 651-6517
(214) 744-2615 (fax)
pkeiffer@wgblawfirm.com
Bradley Clay Knapp representing Locke Lord Bissell & Liddell LLP
Locke Lord Bissell & Liddell
2200 Ross Avenue, Suite 2200
Dallas, TX 75201
(214)740-8586
(214)756-8586 (fax)
bknapp@lockelord.com
Ryan Kenneth Lurich representing Friedman & Feiger, L.L.P.
Friedman & Feiger, L.L.P.
5301 Spring Valley Rd. Ste 200
Dallas, TX 75254
(972) 788-1400
(972) 788-2667 (fax)
rlurich@fflawoffice.com
Gary G. Lyon representing Gary G. Lyon
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Gary G. Lyon, Attorney at Law
P.O. Box 1227
Anna, TX 75409-1227
972-977-7221
214-831-0411 (fax)
glyon.attorney@gmail.com
Dennis Oliver Olson representing Novo Point, LLC
Olson, Nicoud & Gueck, LLP
1201 Main Street, Suite 2470
Dallas, TX 75202
(214) 979-7300
(214) 979-7301 (fax)
denniso@dallas-law.com
Franklin H. Perry representing Payne and Blanchard, LLP; HCB, LLC;
Payne and Blanchard, LLP Marshden, LLC; Realty Investment
Plaza of the Americas Management, LLC; Denis Kleinfeld
700 N. Pearl St.
Ste 500, North Tower
Dallas, TX 75201-7424
Patrick W. Powers representing Powers Taylor LLP
Cash Powers Taylor, LLP
Powers Taylor LLP
8150 N. Central Expressway, Suite 1575
Dallas, TX 75206
(214) 239-8900
(214) 239-8901 (fax)
patrick@cptlawfirm.com
Jeffrey H. Rasansky representing Rasansky Law Firm
Rasansky Law Firm
2525 McKinnon, Suite 725
Dallas, TX 75201
214-651-6100
rwolf@jrlawfirm.com
David D. Ritter representing Grupo Andrea, S.A. de C.V.
Kane, Russell, Coleman & Logan
3700 Thanksgiving Tower
1601 Elm St.
Dallas, TX 75201-7207
(214)777-4200
(214)777-0049 (fax)
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dritter@krcl.com
Alec P. Rosenberg representing Grupo Andrea, S.A. de C.V.
Arent Fox LLP
1050 Connecticut Ave N.W.
Washington, DC 20036
202-857-6395
Deirdre B. Ruckman representing Peter S. Vogel
Gardere,Wynne & Sewell
1601 Elm St., Suite 3000
Dallas, TX 75201
(214) 999-4250
(214) 999-3250 (fax)
druckman@gardere.com
Eric Lopez Schnabel representing VeriSign, Inc.
Dorsey & Witney (Delaware) LLP
300 Delaware Ave., Ste 1010
Wilmington, DE 19801
302-425-7171
302-425-7175 (fax)
Doug D. Skierski representing Manila Industries, Inc.; Netsphere, Inc.;
Franklin Skierski Lovall Hayward LLP
10501 N. Central Expwy, Suite 106
Dallas, TX 75231
(972) 755-7100
(972) 755-7110 (fax)
dskierski@fslhlaw.com
Eric J. Taube representing Asia Trust Limited, as Trustee of The, Village
Mark C. Taylor Trust; Iguana Consulting, LLC; Novo Point,
Hohmann. Taube & LLC; Quantec, LLC;Hohmann, Taube &
Summers, L.L.P Summers, L.L.P.
100 Congress Ave., 18th Floor
Austin, TX 78701
512-472-5997
512-472-5248 (fax)
erict@hts-law.com,markt@hts-law.com,sherris@hts-law.com,annmariej@hts-law.com
Martin Keith Thomas representing Jeffrey Baron
Thomas & Sobol
P.O. Box 36528
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Dallas, TX 75235
214-951-9466
214-951-9007 (fax)
thomas12@swbell.net
Dated: November 28, 2011
Signed: /s/ Gary N. Schepps
Gary N. Schepps
Texas State Bar No. 00791608
5400 LBJ Freeway, Suite 1200
Dallas, Texas 75240
(214) 210-5940 - Telephone
(214) 347-4031 - Facsimile
Email: legal@schepps.net
FOR APPELLANT
Certificate of Service
On this date I electronically submitted the foregoing document with the
Bankruptcy Clerk for the U.S. District Court, Northern District of Texas, using the
electronic case filing system of the court. I hereby certify that I have served all
parties who receive notification through the electronic filing system.
/s/Gary N. Schepps
Gary N. Schepps
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ORDER GRANTING TRUSTEE'S MOTION FOR AUTHORITY TO SELL PROPERTY OF THE ESTATE – Page 1
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
In re: §
§ Case No. 09-34784-SGJ
ONDOVA LIMITED COMPANY, § (Chapter 11)
§
Debtor. §
ORDER GRANTING TRUSTEE'S MOTION FOR AUTHORITY TO SELL
PROPERTY OF THE ESTATE
At Dallas, Texas, in said District on the 9
th
day of November, 2011, this Court conducted a
hearing (the "Hearing") on the Trustee's Motion for Authority to Sell Property of the Estate (the
"Motion")
1
[Docket No. 658] filed on October 7, 2011 by Daniel J. Sherman (the "Trustee"), the duly-
appointed Chapter 11 trustee of Ondova Limited Company (the "Debtor" or "Ondova"). As set forth
in this Court's Findings of Fact, Conclusions of Law and Order entered on October 18, 2011
("Findings") [Adversary Proceeding Docket No. 130] this Court previously conducted a trial in
Adversary Proceeding No. 11-03181, finding that the Trustee is directed to sell the domain name,
servers.com (the "Domain Name"), utilizing internet domain name broker, Sedo.
Upon consideration of the Motion and the arguments and representations made by counsel
therein and at the Hearing, this Court hereby finds as follows:
1
All of the capitalized terms used in this Order, unless otherwise indicated, shall have the meanings ascribed to them in
the Motion.
Signed November 14, 2011
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.
United States Bankruptcy Judge
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ORDER GRANTING TRUSTEE'S MOTION FOR AUTHORITY TO SELL PROPERTY OF THE ESTATE – Page 2
A. This Court has jurisdiction to hear and to determine the Motion and to grant the relief
requested therein pursuant to 28 U.S.C. §§ 157(a) and 1334. This matter is a core proceeding
within the meaning of 28 U.S.C. § 157(b). Venue of this case and of the Motion is proper in this
District pursuant to 28 U.S.C. §§ 1408 and 1409.
B. Notice of the Motion and the Hearing was appropriate and sufficient under the
circumstances, and no further notice is necessary.
C. The relief requested by the Trustee in the Motion is appropriate and in the best
interests of the Estate and all parties-in-interest.
D. All objections to the Motion are overruled.
E. Pursuant to the Findings, the sale of the Domain Name is an exercise of the
Trustee's sound business judgment and is in the Estate's best interest under the circumstances.
F. The Trustee is authorized to sell the Domain Name to a purchaser free and clear of
all liens, claims, encumbrances, and interests because one or more of the standards set forth in
Section 363(f) of the Bankruptcy Code have been satisfied. Furthermore, this Court has already
previously found that the Trustee's sale of the Domain Name meets all of the requirements of
Section 363(h) of the Bankruptcy Code.
NOW, THEREFORE, IT IS HEREBY:
ORDERED that the Motion is APPROVED. It is further
ORDERED that, pursuant to Sections 363(b), (h), and (f) of the Bankruptcy Code, the
Trustee is immediately authorized to sell the Domain Name. It is further
ORDERED that, if the purchaser of the Domain Name desires a subsequent order from this
Court approving the sale of the Domain Name or if the Trustee deems it appropriate or necessary to
obtain a subsequent order from this Court approving the sale of the Domain Name, the Trustee may
petition this Court for, and this Court shall grant, such an order. It is further
ORDERED that in the event no subsequent order is required by the purchaser or the
Trustee, within five (5) days of the sale of the Domain Name closing, the Trustee shall file a notice
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ORDER GRANTING TRUSTEE'S MOTION FOR AUTHORITY TO SELL PROPERTY OF THE ESTATE – Page 3
with the Court identifying the details of the sale of the Domain Name, including the purchase price.
It is further
ORDERED that the sale of the Domain Name shall be free and clear of all liens, claims,
encumbrances, and interests pursuant to Section 363(f) of the Bankruptcy Code. It is further
ORDERED that the Trustee is authorized to execute any and all documents he deems
necessary or appropriate to effectuate the sale of the Domain Name. It is further
ORDERED that this Order shall be effective immediately and the stay provided for in
Bankruptcy Rule 6004(h) is waived. It is further
ORDERED that this Court shall retain jurisdiction to hear and resolve any and all disputes
that may arise from the implementation of this Order.
# # # END OF ORDER # # #
Submitted by:
Raymond J. Urbanik
Texas Bar No. 20414050
Lee Pannier
Texas Bar No. 24066705
MUNSCH HARDT KOPF & HARR, P.C.
3800 Lincoln Plaza
500 N. Akard Street
Dallas, Texas 75201-6659
Telephone: (214) 855-7500
Facsimile: (214) 855-7584
rurbanik@munsch.com
lpannier@munsch.com
ATTORNEYS FOR DANIEL J. SHERMAN,
CHAPTER 11 TRUSTEE
MHDocs 3481283_1 11236.1
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000010
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U.S. Bankruptcy Court
Northern District of Texas (Dallas)
Bankruptcy Petition #: 09-34784-sgj11
Internal Use Only
REFORM, DsclsDue, SealedDocument, EXHIBITS, ADVAPL, APPEAL
Assigned to: Stacey G. Jernigan
Chapter 11
Voluntary
Asset
D
ate
f
iled: 07/27/2009
Debtor
Ondova Limited Company
P. O. Box 111501
Carrollton, TX 75006
DALLAS-TX
Tax ID / EIN: 75-2956804
dba Compana, LLC
dba budgetnames.com
represented by Ondova Limited Company
PRO SE
Wright Ginsberg Brusilow,
P.C.
1401 Elm Street Suite 4750
Dallas, TX 75270-2102
(214) 651-6508
Fax : (214) 744-2615
TERMINATED: 10/01/2009
Edwin Paul Keiffer
(See above for address)
TERMINATED: 10/01/2009
Kim E. Moses
(See above for address)
TERMINATED: 10/01/2009
Trustee
Daniel J. Sherman
509 N. Montclair
Dallas, TX 75208
(214)942-5502
represented by Munsch, Hardt, Kopf &
Harr, P.C.
3800 Lincoln Plaza
500 N Akard St
Dallas, Tx 75201
(214) 855-7500
Sherman & Yaquinto
509 N. Montclair Ave.
Dallas, TX 75208
(214) 942-5502
Daniel J. Sherman
509 N. Montclair
Dallas, TX 75208
(214)942-5502
000011
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Email: corky@syllp.com
Daniel J. Sherman
Sherman & Yaquinto
509 N. Montclair Ave.
Dallas, TX 75208-5498
(214) 942-5502
Email: djsherman@syllp.com
Jay Ong
Munsch Hardt Kopf & Harr,
P.C.
401 Congress Avenue, Suite
3050
Austin, TX 78701
(512) 391-6124
Fax : (512) 226-7105
Email: jong@munsch.com
Lee Jacob Pannier
Munsch Hardt Kopf & Harr,
P.C.
3800 Lincoln Plaza
500 N. Akard St.
Dallas, TX 75201
(214) 855-7563
Fax : (214) 978-5338
Email: lpannier@munsch.com
Raymond J. Urbanik
Munsch, Hardt, Kopf & Harr
PC
500 N. Akard St., Ste. 3800
Dallas, TX 75201-6659
214-855-7590
Fax : 214-978-4374
Email: rurbanik@munsch.com
U.S. Trustee
UST U.S. Trustee
1100 Commerce Street
Room 976
Dallas, TX 75242-1496
214-767-8967
Filing Date Docket Text
07/27/2009
1 Chapter 11 voluntary petition. Fee Amount $1039 Filed by Ondova Limited
Company (Keiffer, Edwin)
000012
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07/27/2009
Receipt of filing fee for Voluntary petition (chapter 11)(09-34784-11)
[misc,volp11a] (1039.00). Receipt number 10423570, amount $1039.00. (U.S.
Treasury)
07/27/2009
2 Creditor matrix and Verification. Filed by Debtor Ondova Limited Company.
(Keiffer, Edwin)
07/28/2009
3 Meeting of creditors 341(a) meeting to be held on 8/27/2009 at 10:00 AM at
Dallas, Room 976. Proofs of Claims due by 11/25/2009. Attorney(s)certificate of
service of 341 meeting chapter 11 to be filed by 08/27/2009. (Neary, William)
07/29/2009
4 Notice of deficiency . Schedule A due 8/11/2009. Schedule B due 8/11/2009.
Schedule D due 8/11/2009. Schedule E due 8/11/2009. Schedule F due 8/11/2009.
Schedule G due 8/11/2009. Schedule H due 8/11/2009. Summary of Schedules
and Statistical Summary of Certain Liabilities and Related Data 28 USC sec. 159
due 8/11/2009. Statement of Financial Affairs due 8/11/2009. Atty Disclosure
Statement due 8/11/2009. 20 Largest Unsecured Creditors due 8/11/2009. (Luna,
G)
07/29/2009
5 Application to employ Wright Ginsberg Brusilow P.C. as Attorney for Debtor
Filed by Debtor Ondova Limited Company (Attachments: 1 Service List) (Keiffer,
Edwin)
07/29/2009
6 Disclosure of compensation of attorney for debtor (Wright Ginsberg Brusilow
P.C.). Filed by Debtor Ondova Limited Company (RE: related document(s)4
Notice of deficiency). (Keiffer, Edwin)
07/29/2009
7 Motion to Extend time to File Schedules and Statement of Financial Affairs
Filed by Debtor Ondova Limited Company (Moses, Kim)
07/29/2009
Proposed order regarding Motion to Extend Deadline to File Schedules and
Statement of Financial Affairs (RE: related document(s)7 Motion to Extend time
to File Schedules and Statement of Financial Affairs Filed by Debtor Ondova
Limited Company). Document uploaded on 7/29/2009 (Ref-ID:
1248870773880_56). (Moses, Kim)
07/29/2009
8 Application to employ Lain, Faulkner & Co., P.C. as Accountant and
Financial Advisors for the Debtor Filed by Debtor Ondova Limited Company
(Attachments: 1
Service List) (Keiffer, Edwin)
9 Notice of hearing filed by Debtor Ondova Limited Company (RE: related
document(s)5 Application to employ Wright Ginsberg Brusilow P.C. as Attorney
for Debtor Filed by Debtor Ondova Limited Company (Attachments: 1
Service
List), 8 Application to employ Lain, Faulkner & Co., P.C. as Accountant and
Financial Advisors for the Debtor Filed by Debtor Ondova Limited Company
(Attachments: 1
Service List)). Hearing to be held on 8/24/2009 at 01:30 PM
Dallas Judge Jernigan Ctrm for 8
and for 5, (Attachments: 1 Service List) (Keiffer,
000013
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07/29/2009 Edwin)
07/29/2009
10 Motion to use cash collateral Debtors Emergency Motion Asserting: (i) No
Perfected Lien on Debtors Cash or Accounts; and (ii) Ability to Utilize Such
Property of the Estate per 11 U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited
Company (Attachments: 1 Service List) (Keiffer, Edwin)
07/29/2009
11 Motion for expedited hearing(related documents 10 Cash collateral) on
Debtors Emergency Motion Asserting: (i) No Perfected Lien on Debtors Cash or
Accounts; and (ii) Ability to Utilize Such Property of the Estate per 11 U.S.C. §
363(c)(1) Filed by Debtor Ondova Limited Company (Attachments: 1 Service
List) (Keiffer, Edwin)
07/29/2009
Proposed order regarding Motion for Setting and Request for Expedited
Hearing on Debtors Emergency Motion Asserting: (i) No Perfected Lien on
Debtors Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate
per 11 U.S.C. § 363(c)(1) (RE: related document(s)11 Motion for expedited
hearing(related documents 10 Cash collateral) on Debtors Emergency Motion
Asserting: (i) No Perfected Lien on Debtors Cash or Accounts; and (ii) Ability to
Utilize Such Property of the Estate per 11 U.S.C. § 363(c)(1) Filed by Debtor
Ondova Limited Company (Attachments: # 1 Service List)). Document uploaded
on 7/29/2009 (Ref-ID: 1248870773880_197). (Keiffer, Edwin)
07/30/2009
12 Notice of hearing filed by Debtor Ondova Limited Company (RE: related
document(s)10 Motion to use cash collateral Debtors Emergency Motion
Asserting: (i) No Perfected Lien on Debtors Cash or Accounts; and (ii) Ability to
Utilize Such Property of the Estate per 11 U.S.C. § 363(c)(1) Filed by Debtor
Ondova Limited Company (Attachments: 1 Service List)). Hearing to be held on
7/31/2009 at 09:30 AM Dallas Judge Jernigan Ctrm for 10, (Attachments: 1
Service List) (Keiffer, Edwin)
07/30/2009
13 Order granting motion for expedited hearing (Related Doc# 11)(document
set for hearing: 10 Debtors Emergency Motion Asserting: (i) No Perfected Lien on
Debtors Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate
per 11 U.S.C. § 363(c)(1) ) Entered on 7/30/2009. Hearing to be held on 7/31/2009
at 09:30 AM Dallas Judge Jernigan Ctrm for 10
, (Moroles, D.)
07/31/2009
Proposed order regarding Debtors Emergency Motion Asserting: (i) No
Perfected Lien on Debtors Cash or Accounts; and (ii) Ability to Utilize Such
Property of the Estate per 11 U.S.C. § 363(c)(1) (INTERIM ORDER) (RE: related
document(s)10
Motion to use cash collateral Debtors Emergency Motion
Asserting: (i) No Perfected Lien on Debtors Cash or Accounts; and (ii) Ability to
Utilize Such Property of the Estate per 11 U.S.C. § 363(c)(1) Filed by Debtor
Ondova Limited Company (Attachments: # 1 Service List)). Document uploaded
on 7/31/2009 (Ref-ID: 1249043288935_73). (Keiffer, Edwin)
14 Order Regarding Debtor's Emergency Motion and Setting Hearing per
conditions of order. Entered on 7/31/2009 (RE: related document(s)10
Cash
000014
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 23 of 200 PageID 27
07/31/2009
collateral filed by Debtor Ondova Limited Company). Hearing to be held on
8/26/2009 at 01:30 PM Dallas Judge Jernigan Ctrm for 10, (Moroles, D.)
07/31/2009
15 Notice of hearing filed by Debtor Ondova Limited Company (RE: related
document(s)10
Motion to use cash collateral Debtors Emergency Motion
Asserting: (i) No Perfected Lien on Debtors Cash or Accounts; and (ii) Ability to
Utilize Such Property of the Estate per 11 U.S.C. § 363(c)(1) Filed by Debtor
Ondova Limited Company (Attachments: 1 Service List)). Hearing to be held on
8/26/2009 at 01:30 PM Dallas Judge Jernigan Ctrm for 10, (Attachments: 1
Exhibit Service List) (Keiffer, Edwin)
07/31/2009
16 Notice of Appearance and Request for Notice by Melissa S. Hayward filed
by Netsphere, Inc., Manila Industries, Inc.. (Hayward, Melissa)
07/31/2009
17 BNC certificate of mailing. (RE: related document(s)4 Notice of deficiency .
Schedule A due 8/11/2009. Schedule B due 8/11/2009. Schedule D due 8/11/2009.
Schedule E due 8/11/2009. Schedule F due 8/11/2009. Schedule G due 8/11/2009.
Schedule H due 8/11/2009. Summary of Schedules and Statistical Summary of
Certain Liabilities and Related Data 28 USC sec. 159 due 8/11/2009. Statement of
Financial Affairs due 8/11/2009. Atty Disclosure Statement due 8/11/2009. 20
Largest Unsecured Creditors due 8/11/2009.) No. of Notices: 1. Service Date
07/31/2009. (Admin.) (Entered: 08/01/2009)
07/31/2009
18 BNC certificate of mailing - meeting of creditors. (RE: related document(s)3
Meeting of creditors 341(a) meeting to be held on 8/27/2009 at 10:00 AM at
Dallas, Room 976. Proofs of Claims due by 11/25/2009. Attorney(s)certificate of
service of 341 meeting chapter 11 to be filed by 08/27/2009.) No. of Notices: 2.
Service Date 07/31/2009. (Admin.) (Entered: 08/01/2009)
07/31/2009
Hearing held on 7/31/2009. (RE: related document(s)10 Motion to use cash
collateral Debtors Emergency Motion Asserting: (i) No Perfected Lien on Debtors
Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate per 11
U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited Company (Attachments: # 1
Service List)) Appearances: P. Keiffer for Debtor. Evidentiary hearing. Motion
granted, with court cautioning ruling will not be in the nature of a declaratory
judgment. Mr. Keiffer to upload order. (Harden, D.) (Entered: 08/04/2009)
08/03/2009
19 Notice of Appearance and Request for Notice by Ryan Kenneth Lurich filed
by Attorney Friedman & Feiger, L.L.P.. (Lurich, Ryan)
08/03/2009
20 Order granting 7 Motion to extend time. (Re: related document(s) 4 Notice
of deficiency) 20 Largest Unsecured Creditors due 8/21/2009 for 4
, Schedule A
due 8/21/2009 for 4
, Schedule B due 8/21/2009 for 4, Schedule D due 8/21/2009
for 4
, Schedule E due 8/21/2009 for 4, Schedule F due 8/21/2009 for 4, Schedule
G due 8/21/2009 for 4, Schedule H due 8/21/2009 for 4, Statement of Financial
Affairs due 8/21/2009 for 4
, Summary of Schedules and Statistical Summary of
Certain Liabilities and Related Data 28 USC sec. 159 due 8/21/2009 for 4
, Entered
on 8/3/2009. (Moroles, D.)
000015
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 24 of 200 PageID 28
08/03/2009
21 Motion for relief from stay Fee amount $150, Filed by Manila Industries,
Inc., Netsphere, Inc. Objections due by 8/18/2009. (Attachments: 1 Affidavit, #(3)
Affidavit Exhibits E-H4 Affidavit Exhibits I-K5 Affidavit) (Hayward, Melissa)
Additional attachment(s) (6) Affidavit Exhibits A,B. Exhibits C and D SEALED
by Order. MODIFIED text to match pdf on 8/7/2009 (Moroles, D.).
08/03/2009
22 Motion for expedited hearing(related documents 21 Motion for relief from
stay) Filed by Manila Industries, Inc., Netsphere, Inc. (Hayward, Melissa)
08/03/2009
Proposed order regarding Expedite Hearing (RE: related document(s)22
Motion for expedited hearing(related documents 21 Motion for relief from stay)
Filed by Manila Industries, Inc., Netsphere, Inc.). Document uploaded on 8/3/2009
(Ref-ID: 1249305422041_450). (Hayward, Melissa)
08/03/2009
Receipt of filing fee for Motion for relief from stay(09-34784-sgj11)
[motion,mrlfsty] ( 150.00). Receipt number 10463445, amount $ 150.00. (U.S.
Treasury)
08/04/2009
23 Order granting motion for expedited hearing (Related Doc# 22)(document
set for hearing: 21 Motion for relief from stay) Entered on 8/4/2009. Hearing to be
held on 8/5/2009 at 02:00 PM Dallas Judge Jernigan Ctrm for 21, (Moroles, D.)
08/04/2009
24 Notice of hearing filed by Manila Industries, Inc., Netsphere, Inc. (RE:
related document(s)21 Motion for relief from stay Fee amount $150, Filed by
Manila Industries, Inc., Netsphere, Inc. Objections due by 8/18/2009.
(Attachments: # 1 Affidavit # 2 Affidavit Exhibit A-D# 3 Affidavit Exhibits E-H#
4 Affidavit Exhibits I-K# 5 Affidavit), 23 Order granting motion for expedited
hearing (Related Doc# 22)(document set for hearing: 21 Motion for relief from
stay) Entered on 8/4/2009. Hearing to be held on 8/5/2009 at 02:00 PM Dallas
Judge Jernigan Ctrm for 21,). Hearing to be held on 8/5/2009 at 02:00 PM Dallas
Judge Jernigan Ctrm for 21 and for 23, (Hayward, Melissa)
08/04/2009
25 Certificate of Mailing filed by Debtor Ondova Limited Company (RE:
related document(s)3 Meeting of creditors Chapter 11 & 12). (Keiffer, Edwin)
08/04/2009
26 Notice of Filing of Budget filed by Debtor Ondova Limited Company (RE:
related document(s)14 Order Regarding Debtor's Emergency Motion and Setting
Hearing per conditions of order. Entered on 7/31/2009 (RE: related document(s)10
Cash collateral filed by Debtor Ondova Limited Company). Hearing to be held on
8/26/2009 at 01:30 PM Dallas Judge Jernigan Ctrm for 10,). (Attachments: 1
Service List) (Keiffer, Edwin)
08/05/2009
27 Adversary case 09-03251. Complaint by Ondova Limited Company against
Netshpere, Inc., Manila Industries, Inc.. Fee Amount $250 (Attachments: 1
Adversary Proceeding Cover Sheet). Nature(s) of suit: 12 (Recovery of
money/property - 547 preference). (Keiffer, Edwin)
000016
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 25 of 200 PageID 29
08/05/2009
28 Response opposed to (related document(s): 21 Motion for relief from stay
Fee amount $150, filed by Creditor Manila Industries, Inc., Creditor Netsphere,
Inc.) filed by Debtor Ondova Limited Company. (Attachments: 1 Service List)
(Keiffer, Edwin)
08/05/2009
29 Third Party Motion to file document under seal. Filed by Manila Industries,
Inc., Netsphere, Inc. (Attachments: 1 Affidavit Declaration of John MacPete2
Proposed Order) (Skierski, Doug)
08/05/2009
Proposed order regarding File Under Seal (RE: related document(s)29 Third
Party Motion to file document under seal. Filed by Manila Industries, Inc.,
Netsphere, Inc. (Attachments: # 1 Affidavit Declaration of John MacPete# 2
Proposed Order)). Document uploaded on 8/5/2009 (Ref-ID: 1249479909737_62).
(Skierski, Doug)
08/05/2009
30 20 Largest unsecured creditors . Filed by Debtor Ondova Limited Company
(RE: related document(s)4 Notice of deficiency). (Keiffer, Edwin)
08/05/2009
Proposed order regarding Lift Stay (RE: related document(s)21 Motion for
relief from stay Fee amount $150, Filed by Manila Industries, Inc., Netsphere, Inc.
Objections due by 8/18/2009. (Attachments: # 1 Affidavit # 2 Affidavit Exhibit A-
D# 3 Affidavit Exhibits E-H# 4 Affidavit Exhibits I-K# 5 Affidavit)). Document
uploaded on 8/5/2009 (Ref-ID: 1249479909737_187). (Hayward, Melissa)
08/05/2009
31 BNC certificate of mailing - PDF document. (RE: related document(s)20
Order granting 7 Motion to extend time. (Re: related document(s) 4 Notice of
deficiency) 20 Largest Unsecured Creditors due 8/21/2009 for 4, Schedule A due
8/21/2009 for 4, Schedule B due 8/21/2009 for 4, Schedule D due 8/21/2009 for 4,
Schedule E due 8/21/2009 for 4, Schedule F due 8/21/2009 for 4, Schedule G due
8/21/2009 for 4, Schedule H due 8/21/2009 for 4, Statement of Financial Affairs
due 8/21/2009 for 4, Summary of Schedules and Statistical Summary of Certain
Liabilities and Related Data 28 USC sec. 159 due 8/21/2009 for 4
, Entered on
8/3/2009.) No. of Notices: 1. Service Date 08/05/2009. (Admin.) (Entered:
08/06/2009)
08/05/2009
Hearing held on 8/5/2009. (RE: related document(s)21 Motion for relief from
stay Fee amount $150, Filed by Manila Industries, Inc., Netsphere, Inc. Objections
due by 8/18/2009. (Attachments: # 1 Affidavit # 2 Affidavit Exhibit A-D# 3
Affidavit Exhibits E-H# 4 Affidavit Exhibits I-K# 5 Affidavit)) Appearances: P.
Keiffer for Debtor; J. MacPete and M. Hayward for NetSpere. Evidentiary hearing
(affidavits and MacPete testimony). Motion granted, based on FOFs and COLs
stated orally. Ms. Hayward to upload order. (Harden, D.) (Entered: 08/06/2009)
Proposed order regarding Revised Lift Stay (RE: related document(s)21
Motion for relief from stay Fee amount $150, Filed by Manila Industries, Inc.,
Netsphere, Inc. Objections due by 8/18/2009. (Attachments: # 1 Affidavit # 2
Affidavit Exhibit A-D# 3 Affidavit Exhibits E-H# 4 Affidavit Exhibits I-K# 5
Affidavit)). Document uploaded on 8/6/2009 (Ref-ID: 1249561510708_43).
000017
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 26 of 200 PageID 30
08/06/2009 (Hayward, Melissa)
08/06/2009
32 Order granting motion for relief from stay to restore and transfer domain
names pursuant to preliminary injunction order by Creditor Manila Industries, Inc.
(related document # 21) Entered on 8/6/2009. (Moroles, D.)
08/06/2009
33 Order Granting Motion to Seal previously filed exhibits to the Motion for
Relief from Automatic Stay, accordingly per order (related document # 29)
Entered on 8/6/2009. (Moroles, D.)
08/17/2009
34 Motion to pay Motion to Determine Adequate Assurance of Payment of
Utilities Required Under 11 U.S.C. § 366 Filed by Debtor Ondova Limited
Company (Attachments: 1 Service List) (Moses, Kim)
08/17/2009
35 Notice of hearing filed by Debtor Ondova Limited Company (RE: related
document(s)34 Motion to pay Motion to Determine Adequate Assurance of
Payment of Utilities Required Under 11 U.S.C. § 366 Filed by Debtor Ondova
Limited Company (Attachments: 1 Service List)). Hearing to be held on 9/15/2009
at 09:30 AM Dallas Judge Jernigan Ctrm for 34, (Attachments: 1 Service List)
(Moses, Kim)
08/17/2009
36 Motion for withdrawal of reference. Fee amount $150, Filed by Manila
Industries, Inc., Netsphere, Inc. (Hayward, Melissa)
08/17/2009
Receipt of filing fee for Motion for withdrawal of reference(09-34784-sgj11)
[motion,mwdref] ( 150.00). Receipt number 10529293, amount $ 150.00. (U.S.
Treasury)
08/17/2009
37 Notice of hearing filed by Manila Industries, Inc., Netsphere, Inc. (RE:
related document(s)36 Motion for withdrawal of reference. Fee amount $150,
Filed by Manila Industries, Inc., Netsphere, Inc.). Hearing to be held on 9/15/2009
at 09:30 AM Dallas Judge Jernigan Ctrm for 36
, (Hayward, Melissa)
38 Transcript regarding Hearing Held 08/05/09 (92 pgs.) RE: Emergency
Motion for Relief from Stay. THIS TRANSCRIPT WILL BE MADE
ELECTRONICALLY AVAILABLE TO THE GENERAL PUBLIC 90 DAYS
AFTER THE DATE OF FILING. TRANSCRIPT RELEASE DATE IS
11/16/2009. Until that time the transcript may be viewed at the Clerk's Office or a
copy may be obtained from the official court transcriber. Court
Reporter/Transcriber Kathy Rehling (kathy.rehling@tx.rr.com), Telephone
number 972-304-1998. (RE: related document(s) Hearing held on 8/5/2009. (RE:
related document(s)21 Motion for relief from stay Fee amount $150, Filed by
Manila Industries, Inc., Netsphere, Inc. Objections due by 8/18/2009.
(Attachments: # 1 Affidavit # 2 Affidavit Exhibit A-D# 3 Affidavit Exhibits E-H#
4 Affidavit Exhibits I-K# 5 Affidavit)) Appearances: P. Keiffer for Debtor; J.
MacPete and M. Hayward for NetSpere. Evidentiary hearing (affidavits and
MacPete testimony). Motion granted, based on FOFs and COLs stated orally. Ms.
000018
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 27 of 200 PageID 31
08/18/2009
Hayward to upload order.). Transcript to be made available to the public on
11/16/2009. (Rehling, Kathy)
08/18/2009
39 Emergency Motion to file document under seal.--Motion to Impound
Contents of Statement of Financial Affairs Section 10 Filed by Manila Industries,
Inc., Netsphere, Inc. (Hayward, Melissa)
08/18/2009
40 Motion for expedited hearing(related documents 39 Motion to Seal) Filed by
Manila Industries, Inc., Netsphere, Inc. (Hayward, Melissa)
08/18/2009
Proposed order regarding Expedited Consideration regarding Motion to
Impound (RE: related document(s)40 Motion for expedited hearing(related
documents 39 Motion to Seal) Filed by Manila Industries, Inc., Netsphere, Inc.).
Document uploaded on 8/18/2009 (Ref-ID: 1250597871547_305). (Hayward,
Melissa)
08/18/2009
41 Objection to (related document(s): 10 Motion to use cash collateral Debtors
Emergency Motion Asserting: (i) No Perfected Lien on Debtors Cash or Accounts;
and (ii) Ability to Utilize Such Property of the Estate per 11 U.S.C. § 363(c)(1)
filed by Debtor Ondova Limited Company) filed by Manila Industries, Inc.,
Netsphere, Inc.. (Hayward, Melissa)
08/19/2009
(private) Proposed order regarding Motion to expedite (RE: related document(s)
40 Motion for expedited hearing(related documents 39 Motion to Seal) Filed by
Manila Industries, Inc., Netsphere, Inc.). Document uploaded on 8/19/2009 (Ref-
ID: 1250687616093_103). (Harden, D.)
08/19/2009
42 Order denying motion for expedited hearing (Related Doc# 40), Ordered that
the Debtors answer to question No. 10 on its Statement of Financial Affairs will be
filed by the Debtor under SEAL, pending further order of the court, any other
information that it sets forth in its Schedules or Statement of Financial Affairs that
might reveal lists of property transferred and the entity to which the property was
transferred in the Two Years before the Ondova Limited Company bankruptcy
case was filed, further conditions per order (related document # 39
). Entered on
8/19/2009. (Moroles, D.)
08/20/2009
43 Notice of hearing and of Entry of Order filed by Manila Industries, Inc.,
Netsphere, Inc. (RE: related document(s)39
Emergency Motion to file document
under seal.--Motion to Impound Contents of Statement of Financial Affairs Section
10 Filed by Manila Industries, Inc., Netsphere, Inc.). Hearing to be held on
9/14/2009 at 02:30 PM Dallas Judge Jernigan Ctrm for 39
, (Attachments: 1
Order2
Service List) (Hayward, Melissa)
08/20/2009
44 INCORRECT ENTRY: Notice of transmission of motion to withdraw
reference (RE: related document(s)36
Motion for withdrawal of reference Filed by
Manila Industries, Inc., Netsphere, Inc.) (Whitaker, Sheniqua) Modified on
8/21/2009 (Whitaker, Sheniqua).
000019
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 28 of 200 PageID 32
08/20/2009 45 (private) Forms (misc) (Whitaker, Sheniqua)
08/20/2009
92 Notice of transmission of motion to withdraw reference re: Civil Case #
3:09-CV-1551-N (RE: related document(s)36
Motion for withdrawal of reference
Filed by Manila Industries, Inc., Netsphere, Inc.) (Whitaker, Sheniqua) (Entered:
09/14/2009)
08/22/2009
46 BNC certificate of mailing - PDF document. (RE: related document(s)42
Order denying motion for expedited hearing (Related Doc# 40), Ordered that the
Debtors answer to question No. 10 on its Statement of Financial Affairs will be
filed by the Debtor under SEAL, pending further order of the court, any other
information that it sets forth in its Schedules or Statement of Financial Affairs that
might reveal lists of property transferred and the entity to which the property was
transferred in the Two Years before the Ondova Limited Company bankruptcy
case was filed, further conditions per order (related document # 39). Entered on
8/19/2009.) No. of Notices: 2. Service Date 08/22/2009. (Admin.) (Entered:
08/23/2009)
08/24/2009
47 Notice of Appearance and Request for Notice by William Lloyd Foreman
filed by Creditor Owens, Clary & Aiken, LLP. (Foreman, William)
08/24/2009
48 (private) Form order to be routed to judge for dismissal for signature (RE:
related document(s)4 Notice of deficiency . Schedule A due 8/11/2009. Schedule
B due 8/11/2009. Schedule D due 8/11/2009. Schedule E due 8/11/2009. Schedule
F due 8/11/2009. Schedule G due 8/11/2009. Schedule H due 8/11/2009. Summary
of Schedules and Statistical Summary of Certain Liabilities and Related Data 28
USC sec. 159 due 8/11/2009. Statement of Financial Affairs due 8/11/2009. Atty
Disclosure Statement due 8/11/2009. 20 Largest Unsecured Creditors due
8/11/2009.) (Bibbs, P.)
08/24/2009
49 Objection to (related document(s): 10 Motion to use cash collateral Debtors
Emergency Motion Asserting: (i) No Perfected Lien on Debtors Cash or Accounts;
and (ii) Ability to Utilize Such Property of the Estate per 11 U.S.C. § 363(c)(1)
filed by Debtor Ondova Limited Company) filed by Interested Parties Rasansky
Law Firm , Aldous Law Firm . (Dugan, S.)
08/24/2009
50 Schedules A through H with Summary of Schedules. Filed by Debtor
Ondova Limited Company (RE: related document(s)4
Notice of deficiency).
(Keiffer, Edwin) MODIFIED text on 8/25/2009 (Sauer, K.).
08/24/2009
51 Statement of financial affairs (answers subject to seal being filed
separately). Filed by Debtor Ondova Limited Company (RE: related document(s)4
Notice of deficiency). (Keiffer, Edwin)
Hearing held on 8/24/2009. (RE: related document(s)5 Application to employ
Wright Ginsberg Brusilow P.C. as Attorney for Debtor Filed by Debtor Ondova
Limited Company (Attachments: # 1 Service List)) Appearances: K. Moses for
Debtor; J. Mueller for NetSphere and Manila. Nonevidentiary hearing. Application
000020
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 29 of 200 PageID 33
08/24/2009 approved. Ms. Moses to upload order. (Harden, D.) (Entered: 08/26/2009)
08/24/2009
Hearing held on 8/24/2009. (RE: related document(s)8 Application to employ
Lain, Faulkner & Co., P.C. as Accountant and Financial Advisors for the Debtor
Filed by Debtor Ondova Limited Company (Attachments: # 1 Service List))
Appearances: K. Moses for Debtor; J. Mueller for NetSphere and Manila.
Nonevidentiary hearing. Application approved. Ms. Moses to upload order.
(Harden, D.) (Entered: 08/26/2009)
08/25/2009
Proposed order regarding Employment of Attorney (RE: related document(s)5
Application to employ Wright Ginsberg Brusilow P.C. as Attorney for Debtor
Filed by Debtor Ondova Limited Company (Attachments: # 1 Service List)).
Document uploaded on 8/25/2009 (Ref-ID: 1251211606067_122). (Keiffer,
Edwin)
08/25/2009
52 Statement of Financial Affairs (Answer to Question #10) FILED UNDER
SEAL by Debtor Ondova Limited Company (RE: related document(s)42 Order
denying motion for expedited hearing (Related Doc# 40), Ordered that the Debtors
answer to question No. 10 on its Statement of Financial Affairs will be filed by the
Debtor under SEAL, pending further order of the court, any other information that
it sets forth in its Schedules or Statement of Financial Affairs that might reveal
lists of property transferred and the entity to which the property was transferred in
the Two Years before the Ondova Limited Company bankruptcy case was filed,
further conditions per order (related document # 39). Entered on 8/19/2009.)
(Mathews, M.) (Entered: 08/27/2009)
08/26/2009
Proposed order regarding Employment of Accountant/Financial Advisor (RE:
related document(s)8 Application to employ Lain, Faulkner & Co., P.C. as
Accountant and Financial Advisors for the Debtor Filed by Debtor Ondova
Limited Company (Attachments: # 1 Service List)). Document uploaded on
8/26/2009 (Ref-ID: 1251287715731_57). (Keiffer, Edwin)
08/26/2009
Hearing held on 8/26/2009. (RE: related document(s)10 Motion to use cash
collateral Debtors Emergency Motion Asserting: (i) No Perfected Lien on Debtors
Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate per 11
U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited Company (Attachments: # 1
Service List)) Appearances: P. Keiffer for Debtor; R. Wolf for Rasansky law firm;
J. McPete and M. Hayward for Manill/NetSphere. Evidentiary hearing. Court
heard direct testimony of J. Baron and continued matter to 9/1/09 at 9:30 am.
Meanwhile Debtor has court permission to use cash on hand for internet charges
($195), server ($345); contract labor/programmer fees ($2500); postpetition
amounts owed to ICANN (undetermined amount); miscellaneous ($500). (Harden,
D.) (Entered: 08/31/2009)
53 Notice of hearing(NOTICE OF CONTINUED HEARING) filed by Debtor
Ondova Limited Company (RE: related document(s)10 Motion to use cash
collateral Debtors Emergency Motion Asserting: (i) No Perfected Lien on Debtors
Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate per 11
000021
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 30 of 200 PageID 34
08/27/2009
U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited Company (Attachments: 1
Service List)). Hearing to be held on 9/1/2009 at 09:30 AM Dallas Judge Jernigan
Ctrm for 10, (Attachments: 1 Service List) (Keiffer, Edwin)
08/27/2009
118 District Court Order Reassigning case to Judge Furgeson. Entered on
8/27/2009 (RE: related document(s)36 Motion for withdrawal of reference filed by
Creditor Manila Industries, Inc., Creditor Netsphere, Inc.). (Ecker, C.) (Entered:
10/05/2009)
08/28/2009
Trustee's initial report of meeting of creditors held on 8/27/2009 (RE: related
document(s)3 Meeting of creditors 341(a) meeting to be held on 8/27/2009 at
10:00 AM at Dallas, Room 976. Proofs of Claims due by 11/25/2009. Attorney(s)
certificate of service of 341 meeting chapter 11 to be filed by 08/27/2009.)
(Resnick, Nancy)
09/01/2009
54 Emergency Motion to continue hearing on (related documents 10 Cash
collateral) Filed by Debtor Ondova Limited Company (Keiffer, Edwin)
09/01/2009
55 Motion for expedited hearing(related documents 54 Motion to continue)
Filed by Debtor Ondova Limited Company (Keiffer, Edwin)
09/01/2009
Proposed order regarding Motion for Continuance (RE: related document(s)55
Motion for expedited hearing(related documents 54 Motion to continue) Filed by
Debtor Ondova Limited Company). Document uploaded on 9/1/2009 (Ref-ID:
1251810287865_3). (Keiffer, Edwin)
09/01/2009
Proposed order regarding Employment of Attorney for Debtor (RE: related
document(s)5 Application to employ Wright Ginsberg Brusilow P.C. as Attorney
for Debtor Filed by Debtor Ondova Limited Company (Attachments: # 1 Service
List)). Document uploaded on 9/1/2009 (Ref-ID: 1251810287865_48). (Keiffer,
Edwin)
09/01/2009
Proposed order regarding Employment of Accountant/Financial Advisors (RE:
related document(s)8 Application to employ Lain, Faulkner & Co., P.C. as
Accountant and Financial Advisors for the Debtor Filed by Debtor Ondova
Limited Company (Attachments: # 1 Service List)). Document uploaded on
9/1/2009 (Ref-ID: 1251810287865_50). (Keiffer, Edwin)
09/01/2009
Hearing held on 9/1/2009. (RE: related document(s)10 Motion to use cash
collateral Debtors Emergency Motion Asserting: (i) No Perfected Lien on Debtors
Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate per 11
U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited Company (Attachments: # 1
Service List)) Appearances: P. Keiffer for Debtor; R. Lurich for J. Barron; J.
McPete and M. Hayward for NetSphere and Manilla; J. Rasansky and C. Aldous
for themselves. Evidentiary hearing. Court continued matter to 9/11/09 at 9:30 am.
Court to also issue show cause order setting show cause hearing on 9/11/09 as to
why Trustee should not be appointed in case or case converted. (Harden, D.)
(Entered: 09/04/2009)
000022
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 31 of 200 PageID 35
09/02/2009
(private) Proposed Order for Debtor to Appear and Show Cause Why: (A) A
Chapter 11 Trustee Could Not Be Appointed, or Alternatively, (B) The Case
Converted to a Case Under Chapter 7 and a Chapter 7 Trustee Appointed.
Document uploaded on 9/2/2009 (Ref-ID: 1251896254553_30). (Saucier, Anna)
09/02/2009
56 Order to appear and show cause why: (A) A Chapter 11 Trustee should not
be appointed, or alternatively, (B) the Case should not be Converted to a Case uner
Chapter 7 and a Chapter 7 Trustee Appointed. Entered on 9/2/2009. Show Cause
hearing to be held on 9/11/2009 at 09:30 AM at Dallas Judge Jernigan Ctrm.
(Moroles, D.)
09/02/2009
57 Order granting application to employ Wright Ginsberg Brusilow P.C. as
Attorney, effective July 27, 2009 (related document # 5) Entered on 9/2/2009.
(Moroles, D.)
09/02/2009
58 Order granting application to employ Lain, Faulkner & Co., P.C. as
Accountant and Financial Advisors for the Debtor, effective July 27, 2009 (related
document # 8) Entered on 9/2/2009. (Moroles, D.)
09/02/2009
59 Notice of hearing filed by Debtor Ondova Limited Company (RE: related
document(s)10 Motion to use cash collateral Debtors Emergency Motion
Asserting: (i) No Perfected Lien on Debtors Cash or Accounts; and (ii) Ability to
Utilize Such Property of the Estate per 11 U.S.C. § 363(c)(1) Filed by Debtor
Ondova Limited Company (Attachments: 1 Service List), 56 Order to appear and
show cause why: (A) A Chapter 11 Trustee should not be appointed, or
alternatively, (B) the Case should not be Converted to a Case uner Chapter 7 and a
Chapter 7 Trustee Appointed. Entered on 9/2/2009. Show Cause hearing to be held
on 9/11/2009 at 09:30 AM at Dallas Judge Jernigan Ctrm.). Hearing to be held on
9/11/2009 at 09:30 AM Dallas Judge Jernigan Ctrm for 56 and for 10,
(Attachments: 1 Service List) (Keiffer, Edwin)
09/02/2009
(private) Proposed order regarding Order Sealing Certain Exhibits and Portion
of Transcript of September 1, 2009 Hearing Document uploaded on 9/2/2009
(Ref-ID: 1251896254553_159). (Kippes, Meredyth)
09/02/2009
60 Motion to dismiss case Filed by Manila Industries, Inc., Netsphere, Inc.
(Attachments: 1
Service List) (Hayward, Melissa)
09/03/2009
61 Motion to draw down retainer in the amount of $30,036.00 Filed by
Attorney Wright Ginsberg Brusilow, P.C. Objections due by 9/18/2009. (Keiffer,
Edwin)
Proposed order regarding Interim use of cash - 9-1-2009 through 9-11-2009
(parties asserting interests have agreed) (RE: related document(s)10
Motion to
use cash collateral Debtors Emergency Motion Asserting: (i) No Perfected Lien on
Debtors Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate
per 11 U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited Company
(Attachments: # 1 Service List)). Document uploaded on 9/3/2009 (Ref-ID:
000023
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 32 of 200 PageID 36
09/03/2009 1251979397805_40). (Keiffer, Edwin)
09/03/2009
62 Notice of hearing filed by Manila Industries, Inc., Netsphere, Inc. (RE:
related document(s)60
Motion to dismiss case Filed by Manila Industries, Inc.,
Netsphere, Inc. (Attachments: 1
Service List)). Hearing to be held on 9/11/2009 at
09:30 AM Dallas Judge Jernigan Ctrm for 60, (Attachments: 1 Service List)
(Hayward, Melissa)
09/03/2009
63 Order sealing certain exhibits and portion of transcript of September 1, 2009
hearing. Entered on 9/3/2009. (Blanco, J.)
09/04/2009
64 Notice of Appearance and Request for Notice by Craig A. Capua filed by
Novo Point, LLC , Iguana Consulting, LLC , Quantec, LLC . (Wiker, Joshua)
09/04/2009
65 Notice of filing of Budget filed by Debtor Ondova Limited Company (RE:
related document(s)14 Order Regarding Debtor's Emergency Motion and Setting
Hearing per conditions of order. Entered on 7/31/2009 (RE: related document(s)10
Cash collateral filed by Debtor Ondova Limited Company). Hearing to be held on
8/26/2009 at 01:30 PM Dallas Judge Jernigan Ctrm for 10,). (Keiffer, Edwin)
09/04/2009
66 BNC certificate of mailing - PDF document. (RE: related document(s)56
Order to appear and show cause why: (A) A Chapter 11 Trustee should not be
appointed, or alternatively, (B) the Case should not be Converted to a Case uner
Chapter 7 and a Chapter 7 Trustee Appointed. Entered on 9/2/2009. Show Cause
hearing to be held on 9/11/2009 at 09:30 AM at Dallas Judge Jernigan Ctrm.) No.
of Notices: 1. Service Date 09/04/2009. (Admin.) (Entered: 09/05/2009)
09/04/2009
67 BNC certificate of mailing - PDF document. (RE: related document(s)58
Order granting application to employ Lain, Faulkner & Co., P.C. as Accountant
and Financial Advisors for the Debtor, effective July 27, 2009 (related document #
8
) Entered on 9/2/2009.) No. of Notices: 2. Service Date 09/04/2009. (Admin.)
(Entered: 09/05/2009)
09/08/2009
68 Motion to compel compliance with automatic stay Filed by Debtor Ondova
Limited Company (Attachments: 1
Exhibit A-C) (Keiffer, Edwin)
09/08/2009
69 Order Regarding Interim Use of Cash Collateral per order. Entered on
9/8/2009 (RE: related document(s)10 Cash collateral filed by Debtor Ondova
Limited Company). (Moroles, D.)
09/08/2009
70 Motion for 2004 examination of Ondova Limited Company. Filed by
Interested Party Grupo Andrea, S.A. de C.V. (Attachments: 1
Exhibit A2 Exhibit
B3 Exhibit C4 Proposed Order5 Service List) (Ritter, David)
Proposed order regarding Order Pursuant to Federal Rule of Bankruptcy 2004
Directing Debtor to Appear for Oral Deposition and to Produce Documents (RE:
related document(s)70 Motion for 2004 examination of Ondova Limited
000024
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 33 of 200 PageID 37
09/08/2009
Company. Filed by Interested Party Grupo Andrea, S.A. de C.V. (Attachments: #
1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Proposed Order# 5 Service List)).
Document uploaded on 9/8/2009 (Ref-ID: 1252414742673_115). (Ritter, David)
09/08/2009
71 Motion for expedited hearing(related documents 70 Motion for examination)
Filed by Interested Party Grupo Andrea, S.A. de C.V. (Attachments: 1 Proposed
Order) (Ritter, David)
09/08/2009
Proposed order regarding Order Granting Motion for Expedited Consideration
(RE: related document(s)71 Motion for expedited hearing(related documents 70
Motion for examination) Filed by Interested Party Grupo Andrea, S.A. de C.V.
(Attachments: # 1 Proposed Order)). Document uploaded on 9/8/2009 (Ref-ID:
1252414742673_123). (Ritter, David)
09/08/2009
72 Motion to appear pro hac vice for Michael A. Grow. Fee Amount $25 Filed
by Interested Party Grupo Andrea, S.A. de C.V. (Ritter, David)
09/08/2009
73 Motion to appear pro hac vice for Alec P. Rosenberg. Fee Amount $25 Filed
by Interested Party Grupo Andrea, S.A. de C.V. (Ritter, David)
09/08/2009
Receipt of filing fee for Motion to Appear pro hac vice(09-34784-sgj11)
[motion,mprohac] ( 25.00). Receipt number 10630302, amount $ 25.00. (U.S.
Treasury)
09/08/2009
Receipt of filing fee for Motion to Appear pro hac vice(09-34784-sgj11)
[motion,mprohac] ( 25.00). Receipt number 10630302, amount $ 25.00. (U.S.
Treasury)
09/08/2009
Proposed order regarding Application for Admission Pro Hac Vice for
Michael A. Grow (RE: related document(s)72 Motion to appear pro hac vice for
Michael A. Grow. Fee Amount $25 Filed by Interested Party Grupo Andrea, S.A.
de C.V.). Document uploaded on 9/8/2009 (Ref-ID: 1252414742673_135). (Ritter,
David)
09/08/2009
Proposed order regarding Application for Admission Pro Hac Vice for Alec P.
Rosenberg (RE: related document(s)73 Motion to appear pro hac vice for Alec P.
Rosenberg. Fee Amount $25 Filed by Interested Party Grupo Andrea, S.A. de
C.V.). Document uploaded on 9/8/2009 (Ref-ID: 1252414742673_136). (Ritter,
David)
09/09/2009
74 Order granting motion for expedited hearing (Related Doc# 71)(document
set for hearing: 70
Motion for examination) Entered on 9/9/2009. Hearing to be
held on 9/11/2009 at 09:30 AM Dallas Judge Jernigan Ctrm for 70, (Moroles, D.)
09/09/2009
75 Application to employ Friedman & Feiger, L.L.P. as Special Counsel for
Debtor Nunc Pro Tunc Filed by Debtor Ondova Limited Company (Attachments:
1
Service List) (Keiffer, Edwin)
000025
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 34 of 200 PageID 38
09/10/2009
76 Notice of hearing filed by Debtor Ondova Limited Company (RE: related
document(s)75 Application to employ Friedman & Feiger, L.L.P. as Special
Counsel for Debtor Nunc Pro Tunc Filed by Debtor Ondova Limited Company
(Attachments: 1 Service List)). Hearing to be held on 10/5/2009 at 02:30 PM
Dallas Judge Jernigan Ctrm for 75, (Attachments: 1 Service List) (Keiffer, Edwin)
09/10/2009
77 Joinder by Asia Trust Ltd. filed by Creditor Asia Trust Limited, as Trustee of
The Village Trust (RE: related document(s)60 Motion to dismiss case ). (Taube,
Eric)
09/10/2009
78 Joinder by Motion to Dismiss Bankruptcy Case filed by Creditor Jeffrey
Baron (RE: related document(s)60 Motion to dismiss case ). (Pronske, Gerrit)
09/10/2009
79 Response opposed to (related document(s): 70 Motion for 2004 examination
of Ondova Limited Company. filed by Interested Party Grupo Andrea, S.A. de
C.V.) filed by Debtor Ondova Limited Company. (Attachments: 1 Service List)
(Keiffer, Edwin)
09/10/2009
(private) Form order to be routed to judge for signature (RE: related document
(s)72 Motion to appear pro hac vice for Michael A. Grow. Fee Amount $25 Filed
by Interested Party Grupo Andrea, S.A. de C.V. filed by Interested Party Grupo
Andrea, S.A. de C.V.) (Mathews, M.)
09/10/2009
80 (private) Form order to be routed to judge for signature (RE: related document
(s)72 Motion to appear pro hac vice for Michael A. Grow. Fee Amount $25 Filed
by Interested Party Grupo Andrea, S.A. de C.V.) (Mathews, M.)
09/10/2009
81 (private) Form order to be routed to judge for signature (RE: related document
(s)73 Motion to appear pro hac vice for Alec P. Rosenberg. Fee Amount $25 Filed
by Interested Party Grupo Andrea, S.A. de C.V.) (Mathews, M.)
09/10/2009
82 Amended Joinder by Iguana Consulting, LLC, Novo Point, LLC and
Quantec, LLC (AMENDED) filed by Iguana Consulting, LLC, Novo Point, LLC,
Quantec, LLC (RE: related document(s)77
Joinder). (Taylor, Mark) Modified on
9/11/2009 (Blanco, J.).
09/10/2009
103 Notice of Appearance and Request for Notice filed by Iguana Consulting,
LLC , Novo Point, LLC , Quantec, LLC . (Brown, D.) (Entered: 09/21/2009)
09/11/2009
83 Motion to withdraw as attorney (Wright Ginsberg Brusilow, P.C.) Filed by
Attorney Wright Ginsberg Brusilow, P.C. (Keiffer, Edwin)
09/11/2009
84 Motion for expedited hearing(related documents 83 Motion to withdraw as
attorney) Filed by Attorney Wright Ginsberg Brusilow, P.C. (Keiffer, Edwin)
Proposed order regarding Approving Emergency Hearing (RE: related
document(s)84
Motion for expedited hearing(related documents 83 Motion to
000026
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 35 of 200 PageID 39
09/11/2009
withdraw as attorney) Filed by Attorney Wright Ginsberg Brusilow, P.C.).
Document uploaded on 9/11/2009 (Ref-ID: 1252667121727_1). (Keiffer, Edwin)
09/11/2009
(private) Proposed order regarding Order (1) Denying the Motion to Dismiss
Bankruptcy Case Filed by Netsphere, Inc. and Manila Industries, Inc.; (2)
Directing the Appointment of a Chapter 11 Trustee; (3) Continuing Certain
Hearings; (4) Setting Hearing on Emergency Motion to Withdraw as Counsel for
the Debtor; and (5) Setting a Status Conference (RE: related document(s)36
Motion for withdrawal of reference. Fee amount $150, Filed by Manila Industries,
Inc., Netsphere, Inc., 39 Emergency Motion to file document under seal.--Motion
to Impound Contents of Statement of Financial Affairs Section 10 Filed by Manila
Industries, Inc., Netsphere, Inc., 60 Motion to dismiss case Filed by Manila
Industries, Inc., Netsphere, Inc. (Attachments: # 1 Service List), 83 Motion to
withdraw as attorney (Wright Ginsberg Brusilow, P.C.) Filed by Attorney Wright
Ginsberg Brusilow, P.C.). Document uploaded on 9/11/2009 (Ref-ID:
1252667121727_97). (Kippes, Meredyth)
09/11/2009
85 Order Denying the Motion to Dismiss Case (RE: related document(s) 60
Motion to dismiss case Filed by Manila Industries, Inc., Netsphere, Inc.) , Order
Directing the Apointment of a Chapter 11 Trustee, Order Continuing Certain
Hearings, Order Setting Hearing on Emergency Motion to Withdraw as counsel
for the Debtor and Order Setting a Status Conference. Ordered that the Debtor
Immediately shall turn over All Assets, including cash, to the Trustee. Jefffrey
Baron has no Authority to act on behalf of the Debtor in any capacity and no
authority to exercise any control over the assets of the estate ofhter than in any
way he is requested to or directed to act by the Chapter 11 Trustee. Hearings and
Status Conference Set. Entered on 9/11/2009 (RE: related document(s)1 Voluntary
petition (chapter 11) filed by Debtor Ondova Limited Company, 36 Motion for
withdrawal of reference filed by Creditor Manila Industries, Inc., Creditor
Netsphere, Inc., 39 Motion to Seal filed by Creditor Manila Industries, Inc.,
Creditor Netsphere, Inc., 83 Motion to withdraw as attorney filed by Attorney
Wright Ginsberg Brusilow, P.C.). Hearings and Status Conference to be held on
9/28/2009 at 09:30 AM at Dallas Judge Jernigan Ctrm. (Moroles, D.) MODIFIED
text to match pdf on 9/11/2009 (Moroles, D.).
09/11/2009
(private) Motion terminated by entry of order denying and setting status
conference on various motions. (RE: related document(s)60 Motion to dismiss
case ). (Moroles, D.)
09/11/2009
86 Notice of hearing filed by Attorney Wright Ginsberg Brusilow, P.C. (RE:
related document(s)83
Motion to withdraw as attorney (Wright Ginsberg
Brusilow, P.C.) Filed by Attorney Wright Ginsberg Brusilow, P.C.). Hearing to be
held on 9/28/2009 at 09:30 AM Dallas Judge Jernigan Ctrm for 83
, (Attachments:
1
Service List) (Keiffer, Edwin)
09/11/2009
87 Order granting motion to appear pro hac vice adding Alec P. Rosenberg for
Grupo Andrea, S.A. de C.V. (related document # 73) Entered on 9/11/2009.
(Moroles, D.)
000027
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 36 of 200 PageID 40
09/11/2009
88 Order granting motion to appear pro hac vice adding Michael A. Grow for
Grupo Andrea, S.A. de C.V. (related document # 72) Entered on 9/11/2009.
(Moroles, D.)
09/11/2009
Hearing held on 9/11/2009. (RE: related document(s)10 Motion to use cash
collateral Debtors Emergency Motion Asserting: (i) No Perfected Lien on Debtors
Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate per 11
U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited Company (Attachments: # 1
Service List)) Appearances: P. Keiffer for Debtor (pending motion to withdraw); J.
McPete and M. Hayward for NetSphere and Manilla; G. Pronske for J. Barron; J.
Rasansky for Intervenors Rasansky and Aldous; L. Boydston for Board of Regents
of the University of Texas System; R. Lurich special litigation counsel to J. Barron
and Ondova; S. Jones, criminal counsel to J. Barron; P. Vogel, special master to
Judge Furgeson; M. Taylor (telephonically) for Quantec, Iguana and Novo Point.
Motion now moot, in light of courts decision to appoint a Chapter 11 Trustee.
(Harden, D.) (Entered: 09/14/2009)
09/11/2009
Hearing held on 9/11/2009. (RE: related document(s)56 Order to appear and
show cause why: (A) A Chapter 11 Trustee should not be appointed, or
alternatively, (B) the Case should not be Converted to a Case uner Chapter 7 and a
Chapter 7 Trustee Appointed. Entered on 9/2/2009. Show Cause hearing to be held
on 9/11/2009 at 09:30 AM at Dallas Judge Jernigan Ctrm.) Appearances: P.
Keiffer for Debtor (pending motion to withdraw); J. McPete and M. Hayward for
NetSphere and Manilla; G. Pronske for J. Barron; J. Rasansky for Intervenors
Rasansky and Aldous; L. Boydston for Board of Regents of the University of
Texas System; R. Lurich special litigation counsel to J. Barron and Ondova; S.
Jones, criminal counsel to J. Barron; P. Vogel, special master to Judge Furgeson;
M. Taylor (telephonically) for Quantec, Iguana and Novo Point. After hearing
arguments and taking judicial notice of prior testimony and record in case, court
appointed a Chapter 11 Trustee, based on FOFs and COLs stated orally. Court to
issue order. Order to continue certain hearings and set a status conference in
approximately two weeks. (Harden, D.) (Entered: 09/14/2009)
09/11/2009
Hearing held on 9/11/2009. (RE: related document(s)60 Motion to dismiss
case Filed by Manila Industries, Inc., Netsphere, Inc. (Attachments: # 1 Service
List)) Appearances: P. Keiffer for Debtor (pending motion to withdraw); J.
McPete and M. Hayward for NetSphere and Manilla; G. Pronske for J. Barron; J.
Rasansky for Intervenors Rasansky and Aldous; L. Boydston for Board of Regents
of the University of Texas System; J. Wielibinski, A. Rosenberg (telephonically)
and P. Grow (telephonically) for Grupo Andrea; R. Lurich special litigation
counsel to J. Barron and Ondova; S. Jones, criminal counsel to J. Barron; P.
Vogel, special master to Judge Furgeson; M. Taylor (telephonically) for Quantec,
Iguana and Novo Point. After hearing arguments and taking judicial notice of prior
testimony and record in case, court appointed a Chapter 11 Trustee, based on
FOFs and COLs state orally. Accordingly, Motion to Dismiss is denied. Court to
issue order. (Harden, D.) (Entered: 09/14/2009)
Hearing held on 9/11/2009. (RE: related document(s)70 Motion for 2004
examination of Ondova Limited Company. Filed by Interested Party Grupo
000028
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 37 of 200 PageID 41
09/11/2009
Andrea, S.A. de C.V. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4
Proposed Order# 5 Service List)) Appearances: P. Keiffer for Debtor (pending
motion to withdraw); J. McPete and M. Hayward for NetSphere and Manilla; G.
Pronske for J. Barron; J. Rasansky for Intervenors Rasansky and Aldous; L.
Boydston for Board of Regents of the University of Texas System; J. Wielibinski,
A. Rosenberg (telephonically) and P. Grow (telephonically) for Grupo Andrea; R.
Lurich special litigation counsel to J. Barron and Ondova; S. Jones, criminal
counsel to J. Barron; P. Vogel, special master to Judge Furgeson; M. Taylor
(telephonically) for Quantec, Iguana and Novo Point. After hearing arguments,
court granted motion. Mr. Wielibinski to upload order. (Harden, D.) (Entered:
09/14/2009)
09/13/2009
89 BNC certificate of mailing - PDF document. (RE: related document(s)85
Order Denying the Motion to Dismiss Case (RE: related document(s) 60 Motion to
dismiss case Filed by Manila Industries, Inc., Netsphere, Inc.) , Order Directing
the Apointment of a Chapter 11 Trustee, Order Continuing Certain Hearings,
Order Setting Hearing on Emergency Motion to Withdraw as counsel for the
Debtor and Order Setting a Status Conference. Ordered that the Debtor
Immediately shall turn over All Assets, including cash, to the Trustee. Jefffrey
Baron has no Authority to act on behalf of the Debtor in any capacity and no
authority to exercise any control over the assets of the estate ofhter than in any
way he is requested to or directed to act by the Chapter 11 Trustee. Hearings and
Status Conference Set. Entered on 9/11/2009 (RE: related document(s)1 Voluntary
petition (chapter 11) filed by Debtor Ondova Limited Company, 36 Motion for
withdrawal of reference filed by Creditor Manila Industries, Inc., Creditor
Netsphere, Inc., 39 Motion to Seal filed by Creditor Manila Industries, Inc.,
Creditor Netsphere, Inc., 83 Motion to withdraw as attorney filed by Attorney
Wright Ginsberg Brusilow, P.C.). Hearings and Status Conference to be held on
9/28/2009 at 09:30 AM at Dallas Judge Jernigan Ctrm. (Moroles, D.) MODIFIED
text to match pdf on 9/11/2009 (Moroles, D.).) No. of Notices: 3. Service Date
09/13/2009. (Admin.)
09/13/2009
90 BNC certificate of mailing - PDF document. (RE: related document(s)87
Order granting motion to appear pro hac vice adding Alec P. Rosenberg for Grupo
Andrea, S.A. de C.V. (related document # 73
) Entered on 9/11/2009.) No. of
Notices: 1. Service Date 09/13/2009. (Admin.)
09/13/2009
91 BNC certificate of mailing - PDF document. (RE: related document(s)88
Order granting motion to appear pro hac vice adding Michael A. Grow for Grupo
Andrea, S.A. de C.V. (related document # 72
) Entered on 9/11/2009.) No. of
Notices: 1. Service Date 09/13/2009. (Admin.)
09/14/2009
(private) Motions terminated. (RE: related document(s)55 Motion for expedited
hearing(related documents 54
Motion to continue) Filed by Debtor Ondova
Limited Company) (Bibbs, P.)
93 Notice of hearing filed by Manila Industries, Inc., Netsphere, Inc. (RE:
related document(s)36
Motion for withdrawal of reference. Fee amount $150,
000029
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 38 of 200 PageID 42
09/14/2009
Filed by Manila Industries, Inc., Netsphere, Inc., 39 Emergency Motion to file
document under seal.--Motion to Impound Contents of Statement of Financial
Affairs Section 10 Filed by Manila Industries, Inc., Netsphere, Inc.). Hearing to be
held on 9/28/2009 at 09:30 AM Dallas Judge Jernigan Ctrm for 36 and for 39,
(Attachments: 1 Service List) (Hayward, Melissa)
09/14/2009
(private) Reopen document to enter order (RE: related document(s)84 Motion
for expedited hearing(related documents 83 Motion to withdraw as attorney) Filed
by Attorney Wright Ginsberg Brusilow, P.C.) (Moroles, D.)
09/14/2009
94 Order granting motion for expedited hearing (Related Doc# 84)(document
set for hearing: 83 Motion to withdraw as attorney Filed by Attorney Wright
Ginsberg Brusilow, P.C ) Entered on 9/14/2009. Hearing to be held on 9/28/2009
at 09:30 AM Dallas Judge Jernigan Ctrm for 83, (Moroles, D.)
09/15/2009
Proposed order regarding 2004 examination and production of documents
(RE: related document(s)70 Motion for 2004 examination of Ondova Limited
Company. Filed by Interested Party Grupo Andrea, S.A. de C.V. (Attachments: #
1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Proposed Order# 5 Service List)).
Document uploaded on 9/15/2009 (Ref-ID: 1253018655665_62). (Wielebinski,
Joseph)
09/15/2009
95 Notice of Appearance and Request for Notice by Gerrit M. Pronske filed by
Creditor Jeffrey Baron. (Pronske, Gerrit)
09/15/2009
96 Application to approve the appointment of a chapter 11 trustee
(Attachments: 1 Exhibit Notice of Appointment and Amount of Bond)(Resnick,
Nancy)
09/15/2009
Proposed order regarding Order Approving Appointment of Chapter 11
Trustee / Corky Sherman (RE: related document(s)96
Application to approve the
appointment of a chapter 11 trustee (Attachments: # 1 Exhibit Notice of
Appointment and Amount of Bond)). Document uploaded on 9/15/2009 (Ref-ID:
1253018655665_90). (Resnick, Nancy)
09/15/2009
Hearing held on 9/15/2009. (RE: related document(s)34 Motion to pay Motion
to Determine Adequate Assurance of Payment of Utilities Required Under 11
U.S.C. § 366 Filed by Debtor Ondova Limited Company (Attachments: # 1
Service List)) Appearances: K. Moses for Debtor. Nonevidentiary hearing. Court
granted unopposed motion, with proviso that any deposits are subject to separate
approval of a cash collateral order. Ms. Moses to upload an order. (Harden, D.)
(Entered: 09/17/2009)
09/16/2009
97 Order granting motion for 2004 examination of Ondova Limited Company
Filed by Interested Party Grupo Andrea, S.A. de C.V per order (related doc # 70
).
Entered on 9/16/2009. (Moroles, D.)
000030
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 39 of 200 PageID 43
09/17/2009 (private) Trustee Daniel J. Sherman added to case per order. (Moroles, D.)
09/17/2009
98 Order granting application to approve the appointment of a chapter 11
trustee. Ordered, that the appointment of Daniel J. Sherman as Chapter 11 Trustee
in this case is approved (related document # 96). Entered on 9/17/2009. (Moroles,
D.)
09/17/2009
Proposed order regarding 366 Utility Adequate Protection (RE: related
document(s)34 Motion to pay Motion to Determine Adequate Assurance of
Payment of Utilities Required Under 11 U.S.C. § 366 Filed by Debtor Ondova
Limited Company (Attachments: # 1 Service List)). Document uploaded on
9/17/2009 (Ref-ID: 1253190626892_67). (Moses, Kim)
09/17/2009
Proposed order regarding Order Regarding Additional Interim Use of Asserted
Cash Collateral (Agreed for 9/15 to 9/30) (RE: related document(s)10 Motion to
use cash collateral Debtors Emergency Motion Asserting: (i) No Perfected Lien on
Debtors Cash or Accounts; and (ii) Ability to Utilize Such Property of the Estate
per 11 U.S.C. § 363(c)(1) Filed by Debtor Ondova Limited Company
(Attachments: # 1 Service List)). Document uploaded on 9/17/2009 (Ref-ID:
1253190626892_240). (Keiffer, Edwin)
09/17/2009
99 BNC certificate of mailing - PDF document. (RE: related document(s)94
Order granting motion for expedited hearing (Related Doc# 84)(document set for
hearing: 83 Motion to withdraw as attorney Filed by Attorney Wright Ginsberg
Brusilow, P.C ) Entered on 9/14/2009. Hearing to be held on 9/28/2009 at 09:30
AM Dallas Judge Jernigan Ctrm for 83,) No. of Notices: 1. Service Date
09/17/2009. (Admin.)
09/18/2009
100 Order Granting Motion to Determine Adequate Assurance of Payment of
Utilities Required Under 11 U.S.C. § 366 (related document # 34) Entered on
9/18/2009. (Moroles, D.)
09/18/2009
101 BNC certificate of mailing - PDF document. (RE: related document(s)97
Order granting motion for 2004 examination of Ondova Limited Company Filed
by Interested Party Grupo Andrea, S.A. de C.V per order (related doc # 70).
Entered on 9/16/2009.) No. of Notices: 4. Service Date 09/18/2009. (Admin.)
09/19/2009
102 BNC certificate of mailing - PDF document. (RE: related document(s)98
Order granting application to approve the appointment of a chapter 11 trustee.
Ordered, that the appointment of Daniel J. Sherman as Chapter 11 Trustee in this
case is approved (related document # 96
). Entered on 9/17/2009.) No. of Notices:
1. Service Date 09/19/2009. (Admin.)
09/22/2009
104 Order regarding additional interim use of cash collateral per order (related
document # 10
) Entered on 9/22/2009. (Moroles, D.)
105 Application to employ Daniel J. Sherman and the law firm of Sherman &
000031
Case 3:12-cv-00367-F Document 1-1 Filed 02/03/12 Page 40 of 200 PageID 44