NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT - Page 1
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
NETSPHERE, INC., Et. Al. §
Plaintiffs, §
vs. § Civil Action No. 3-09CV0988-F
§
JEFFREY BARON, Et. Al. §
Defendants. §
NOTICE OF APPEAL TO THE
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Notice is hereby given that Jeffrey Baron, defendant, Novo Point LLC and
Quantec LLC, non-parties affected by orders in Civil Action No. 3-09CV0988-F, hereby
appeal to the United States Court of Appeals for the Fifth Circuit from:
a. [DOC 1083] The District Court’s Order approving 1068 Second Motion for
Attorney Fees and ordering that the Receiver should pay Dykema’s Second Fee
Application. (Ordered by Judge Royal Furgeson on 11/9/2012) (Entered:
11/09/2012) (Motion for reconsideration [DOC 1087] filed 11/11/2012 and
overruled [DOC 1101] on 12/13/2012).
b. [DOC 1106] The District Court’s Amended Order Approving Receiver's Expert
Fees and Expenses. (Entered: 12-14-2012).
c. [DOC 1163] The District Court’s Order AMENDING INSTRUCTING
RECEIVER TO PAY DYKEMA GOSSETT’S LEGAL FEES AND EXPENSES:
The Court now amends its previous Order to change the accounts from which the
Receiver is to pay Dykema’s fees. The Court makes no changes to the total
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NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT - Page 2
amount of fees authorized. (Ordered by Judge Royal Furgeson on 1/8/2013)
(Entered: 01/08/2013).
d. [DOC 1156] The District Court’s Order INSTRUCTING RECEIVER TO PAY
DYKEMA GOSSETT'S LEGAL FEES AND EXPENSES AT A 95% RATE.
(Ordered by Judge Royal Furgeson on 1/7/2013) (Entered: 01/07/2013).
e. [DOC 1103] The District Court’s Order APPROVING RECEIVER’S EXPERT
FEES AND EXPENSES. (Ordered by Judge Royal Furgeson on 12/13/2012)
(Entered: 12/14/2012).
f. [DOC 1154] The District Court’s Order denying doc 1108 Motion for
Reconsideration. In light of the Fifth Circuit’s ruling charging this Court with
reconsidering all prior fees and expenses, this Court is of the opinion that Mr.
Morris’ fee should be paid at a 95% rate. Further, this money should be retained
in the Dykema Gossett PLLC trust account until further ordered by this Court.
(Ordered by Judge Royal Furgeson on 1/7/2013) (Entered: 01/07/2013).
This appeal is taken pursuant to 28 U.S.C. §1292(a)(2).
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NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT - Page 3
The parties to the orders appealed from and the names, addresses, and telephone
numbers of their respective attorneys are as follows:
Appellant: Defendant Jeffrey Baron
Non-Party Appellants: Novo Point, LLC and Quantec, LLC
Represented on Appeal by:
Gary N. Schepps
Drawer 670804
Dallas, Texas 75367
Telephone (972) 200-0000
Facsimile (972) 200-0535
legal@schepps.net
Appellee: Peter S. Vogel, receiver
Represented by: David J Schenck
Dykema Gossett PLLC
1717 Main Street, Suite 4000
Dallas, Texas 75201
Telephone (214) 462-6400
Facsimile (214) 462-6401
dschenck@dykema.com
Dated: February 6, 2013.
Respectfully submitted,
/s/ Gary N. Schepps
Gary N. Schepps
State Bar No. 00791608
Drawer 670804
Dallas, Texas 75367
Telephone (972) 200-0000
Facsimile (972) 200-0535
legal@schepps.net
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NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT - Page 4
APPELLATE COUNSEL
FOR JEFFREY BARON
APPELLATE COUNSEL
FOR NOVO POINT, LLC and
QUANTEC, LLC
CERTIFICATE OF SERVICE
This is to certify that this was served on all parties who receive notification
through the Court’s electronic filing system and including:
David J Schenck
Dykema Gossett PLLC
1717 Main Street, Suite 4000
Dallas, Texas 75201
dschenck@dykema.com
/s/ Gary N. Schepps
Gary N. Schepps
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