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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 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 grant 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. This Honorable Court has ordered that any motions filed on behalf of Baron

be filed as motions for leave.

2. 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.” Baron requested such an order and this

Honorable Court granted such an order.

3. However, this Honorable Court has now entered an order that the stay will

not

be allowed pending appeal because Novo Point LLC and Quantec LLCs

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motion before the Fifth Circuit was denied. Accordingly, this Honorable Court is

denying relief this Honorable Court Advised would be ordered, and is penalizing

relief granted to Baron because of appellate motions made on behalf of Novo Point

LLC and Quantec LLC.

4. This Honorable Court advised the Fifth Circuit that the orders to liquidate

and pay attorneys would be stayed by this Honorable Court pending appeal. Baron

requested from this Honorable Court that relief. (This Court instructed the LLCs

not to file motions with this Honorable Court, and therefore filed in the Fifth

Circuit.). Both Baron and the LLCs have honored the orders of this Honorable

Court. This motion respectfully prays that this Honorable Court will reconsider

the issue and stay the asset sales pending appeal, as this Honorable Court Advised

would be done.

5. Jointly and in the alternative, emergency temporary stay is prayed for to

allow for alternative purchases to be found to raise the same net revenue from

1/50

of the amount of assets. If each asset is worth over a million dollars, selling

a single asset at a higher price will accomplish the purpose of paying fees, if that is

the purpose. Sherman has acknowledged on the record that individual domains can

be sold for over a million dollars.

6. The domain names are unique, and if lost through sales the damage would

be irreparable. Sherman and Vogel have taken the position that sale of domains are

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non-appealable. If that is correct, allowing the sales of unique names wrongfully

would be irreparable. That is because once an asset is sold, might not be

subsequently restored and appeal might be made moot as Sherman and Vogel

argue. See, e.g,. American Grain Ass'n v. Lee-Vac, Ltd., 630 F.2d 245, 247 (5th Cir.

1980). Additionally, there is no party with sufficient assets to cover the loss should

the sales be found to be wrongful.

WHEREFORE, Jeff Baron requests the Court to reconsider the 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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