Pursuant to FRBP Rule 6003, an application to employ professionals under FRBP Rule 2014 (See 11 U.S.C.

§ 327(a)), unless such failure would cause immediate and irreparable harm to the Debtor employment applications are

not heard until 20-days after the Petition Date.

Motion for Leave to Appear at Status Conference Page 1 of 4

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

NETSPHERE, INC., et al §

Plaintiffs, §

vs. § Civil Action No. 3-09-CV-0988-F

JEFFREY BARON, et al and §

§ §

Defendants. §

MOTION FOR LEAVE FOR ONDOVA LIMITED COMPANY’S PROPOSED

BANKRUPTCY COUNSEL TO APPEAR AT STATUS CONFERENCE

TO THE HONORABLE W. ROYAL FURGESON, JR., SENIOR U.S. DISTRICT JUDGE:

NOW COMES, proposed counsel for Ondova Limited Company and files this Motion

for Leave for Ondova Company’s Proposed Bankruptcy Counsel to Appear at Status Conference

(“Motion”) and would respectfully show the Court the following:

1. On July 27, 2009, Ondova Limited Company (“Debtor”) filed its Voluntary

Petition under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy

Court for the Northern District of Texas, Dallas Division, Case No. 09-34784-sgj-11 (the

“Voluntary Petition”).

2. On July 29, 2009, the Debtor filed the Application to Employ Wright Ginsberg

Brusilow P.C. (“Proposed Debtor’s Counsel”), as Counsel for the Debtor (the “Application”),

which Application is set for hearing in the Bankruptcy Court on August 24, 2009 at 1:30 p.m.

3. On August 4, 2009, the Debtor filed its Application for an Order of Reference to

the Bankruptcy Court (Docket No. 50 herein).

USCA5 959

As expressed in the Referral, this procedure appears to be the proper adjunct to removal under 28 U.S.C.

§ 1452 and Rule 9027 as noted in Northern District Bankruptcy Judge Hale’s opinion of Indus. Clearinghouse v. Mims

(In re Coastal Plains, Inc.), 326 B.R. 102, 108 (Bankr. N.D. Tex. 2005). No general appearance as counsel in this matter

was intended, only the functional equivalent of removal is sought.

Per FRBP 5011 as modified by LBRP 5011.1, this exercise begins in the Bankruptcy Court and is sent to the

District Court in the form of a report and recommendation.

Received via this Court’s CM/ECF System.

Motion for Leave to Appear at Status Conference Page 2 of 4

4. After verifying proper procedures before this Court, hearing availability of all

counsel in this specific matter regarding the referral was secured and communicated to this

Court’s personnel on Thursday, August 13, 2009. Proposed Debtor’s counsel awaited formal

confirmation regarding the only matter which Proposed Debtor’s Counsel had pending before

this Court.

5. Proposed Debtor’s Counsel received word, via email, from counsel for Netsphere,

et al, that a status conference would be held on August 18, 2009 at 1:30 p.m. Proposed Debtor’s

Counsel’s understanding of this and subsequent emails is that the status conference would

address issues regarding the Debtor’s Chapter 11 proceeding, including Netsphere’s anticipated

motion to withdraw the reference of the whole bankruptcy case to this Court.

6. Proposed Debtor’s Counsel has not received any confirmation of this

“bankruptcy” status conference from the Court, or its Special Master; however, Netsphere’s

counsel’s communications are given full credence with regard to what this Court wishes to hear

on Tuesday, August 18, 2009 at 1:30 p.m.

7. On August 13, 2009, this Court entered its Order Granting Intervention, Denying

Discovery Without Prejudice, and Setting a Status Conference Regarding Limited Discovery for

August 18, 2009 at 1:30 p.m., the same time as the status conference referenced above for the

Debtor.

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Motion for Leave to Appear at Status Conference Page 3 of 4

8. Out of an abundance of caution, as well as with the intention of showing all due

deference to this Court, as well as acknowledging the difficulties which Proposed Debtor’s

Counsel herein has read about that this Court has had with the Debtor pre-petition, requested

leave to appear at this status conference, solely in the capacity of Proposed Debtor’s counsel to

address any matters that may arise or have arisen concerning the Debtor’s pending Chapter 11

proceeding or the stay, as modified, by the Bankruptcy Court.

WHEREFORE, PREMISES CONSIDERED, Debtor prays that this Court permit

Edwin P. Keiffer of Wright Ginsberg Brusilow P.C., proposed Bankruptcy Counsel for Debtor,

to appear at the status conference scheduled herein for August 18, 2009 at 1:30 p.m. for the

purpose of acting as Debtor’s bankruptcy counsel and for such other and further relief as to

which it may be justly entitled.

Dated this 14th day of August, 2009.

Respectfully submitted,

WRIGHT GINSBERG BRUSILOW P.C.

By: /s/ E.P. Keiffer

E. P. Keiffer (SBN 11181700)

The Elm Place Building

1401 Elm Street, Suite 4750

Dallas, Texas 75202

(214) 651-6500 - telephone

(214) 744-2615 - facsimile

PROPOSED ATTORNEY FOR ONDOVA

LIMITED COMPANY, DEBTOR

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Motion for Leave to Appear at Status Conference Page 4 of 4

CERTIFICATE OF SERVICE

I hereby certify that the foregoing Motion was served via the U.S. District Court’s

electronic noticing system and via first class U.S. Mail, postage pre-paid, on August 14, 2009, on

the parties listed below:

Peter S. Vogel, Esq.

Gardere Wynne Sewell

1601 Elm Street, Suite 3000

Dallas, TX 75201-4761

Special Master

Charla G. Aldous, Esq.

Aldous Law Firm

2305 Cedar Springs, Suite 200

Dallas, Texas 75201

Pro Se

John W. MacPete, Esq.

Locke, Lord, Bissell & Liddell, LLP

2200 Ross, Suite 2200

Dallas, Texas 75202

Attorneys for Manila Industries, Inc.,

Netsphere, Inc., and Munish Krishan

James Krause, Esq./Ryan K. Lurick, Esq.

Friedman & Feiger

5301 Spring Valley Road, Suite 200

Dallas, Texas 75254

Attorneys for Jeffrey Baron

and Ondova Limited Company

Craig A. Capua, Esq.

West & Associates LLP

320 S. RL Thornton Freeway, Suite 300

Dallas, Texas 75201

Attorney for Quantec, LLC, Iguana

Consulting, LLC, and Novo Point, LLC

Jeffrey H. Rasansky, Esq.

Robert Edward Wolf, Jr., Esq.

Rasansky Law Firm

2525 McKinnon, Suite 625

Dallas, Texas 75201

Pro Se

/s/ E.P. Keiffer

E.P. Keiffer

USCA5 962

Order Granting Leave to Appear at Status Conference Page 1 of 1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

NETSPHERE, INC., et al §

Plaintiffs, §

vs. § Civil Action No. 3-09-CV-0988-F

JEFFREY BARON, et al and §

§ §

Defendants. §

ORDER GRANTING MOTION FOR LEAVE

FOR ONDOVA LIMITED COMPANY’S PROPOSED

BANKRUPTCY COUNSEL TO APPEAR AT STATUS CONFERENCE

BEFORE THE COURT IS, Ondova Limited Company’s Motion for Leave for Ondova

Limited Company’s Proposed Bankruptcy Counsel to Appear at Status Conference (“Motion”)

filed herein on August 14, 2009. The Court, after considering the relief requested in the Motion

is of the opinion that the Motion is well taken and should be granted. It is therefore

ORDERED that Edwin Paul Keiffer of Wright Ginsberg Brusilow P.C., proposed

bankruptcy counsel for Debtor, is permitted to appear at the status conference scheduled herein

for August 18, 2009, at 1:30 p.m. as Debtor’s proposed bankruptcy counsel.

It is so Ordered.

Dated this ____ day of August, 2009.

W. ROYAL FURGESON, JR.

SENIOR U.S. DISTRICT JUDGE

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