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No. DC-10-11915

JEFF BARON,

Plaintiff,

GERRIT M. PRONSKE, Individually,

AND PRONSKE, GOOLSBY &

KATHMAN, P.C. f/k/a PRONSKE &

PATEL, P.C.,

Defendants.

IN THE DISTRICT COURT

OF DALLAS COUNTY, TEXAS

193

JUDICIAL DISTRICT

SECOND OBJECTION TO PROPOSED ORDER OF SEVERANCE

TO THE HONORABLE CARL GINSBERG:

Jeffrey Baron files this Objection to the Order for Severance proposed by Mr. Pronske

and his firm for the following reasons:

The Order of Severance should specifically identify the pleadings, motions, orders and other

filings that the Clerk can include them in the severed file. These pleadings, motions, orders and

other filings should be included in the severed file, so that, when this case goes up on appeal, the

appellate court will have a complete record of the proceedings below as it relates to Pronske and

his firm. Some of the pleadings, motions, orders and other filings reside in the Removed Case,

Adversary No. 10-03281-sgj, pending in the United States Bankruptcy Court for the Northern

District of Texas - Dallas Division, prior to remand to this Court in May 2014, and they will have

to be supplied by the parties to the Clerk. The pleadings should include the following:

A. PLEADINGS FILED IN ADVERSARY NO. 10-03281-SGJ, PENDING IN THE UNIT-

ED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS

- DALLAS DIVISION, PRIOR TO REMAND TO THIS COURT

1. 2010-09-15 Notice of Removal filed by Pronske and his firm;

FILED

DALLAS COUNTY

9/25/2014 5:32:59 PM

GARY FITZSIMMONS

DISTRICT CLERK

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2. 2010-09-27 Answer to complaint , Counterclaim & 3rd Party Complaint filed by

Pronske and his firm;

3. 2010-10-15 Motion for remand and Motion to Strike filed by Jeffrey Baron;

4. 2010-10-15 Brief in support filed by Counter-Defendant-Jeffrey Baron;

5. 2010-10-15 Appendix in Support of Motion to Remand;

6. 2010-11-03 Order Abating Adversary Proceeding and Setting Status Conference;

7. 2011-04-06 Order Abating Adversary and Setting Status Conference hearing;

8. 2011-11-08 Motion to Enter Scheduling Order filed by Pronske and his lawfirm;

9. 2011-11-30 Response and Opposition to Pronske & Patel’s Motion for Entry of

Scheduling filed by Peter Vogel, Receiver;

10. 2014-03-13 Application for Prejudgment Garnishment filed by Pronske and his firm;

11. 2014-03-13 Emergency Motion to Lift Abatement filed by Pronske and his firm;

12. Motion for Emergency Hearing filed by Pronske and his firm;

13. 2014-03-14 Order Denying Emergency Hearing;

14. 2014-03-15 Order Setting Hearings;

15. 2014-03-28 Order Setting Hearings;

16. 2014-04-08 PGK Withdrawal of Motion to Lift Abatement;

17. 2014-04-28 Notice of Appearance – Pendergraft & Simon, LLP;

18. 2014-05-05 Order Remanding Case;

19. Docket Sheets – Adversary No. 10-03281, in the United States Bankruptcy Court for

the Northern District of Texas - Dallas Division;

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B. PLEADINGS, MOTIONS, ORDERS AND OTHER PAPERS FILED IN CAUSE

NO. -10-11915

1. 2010-09-15 Original Petition filed by Jeffrey Baron;

2. 2014-05-16 Defendants’ First Amended Answer and Counterclaim filed by Pronske

and his firm;

3. 2014-05-16 Defendants’ First Amended Counterclaim filed by Pronske and his firm;

4. 2014-05-16 Motion for Partial Summary Judgment filed by Pronske and his firm;

5. 2014-06-03 Suggestion of Stay filed by Jeffrey Baron;

6. 2014-06-04 Answer to Pronske's First Amended Counterclaim filed by Jeffrey Baron;

7. 2014-06-05 Motion to Strike Suggestion of Stay filed by Pronske and his firm;

8. 2014-06-09 Motion to Transfer Related Case to this Court – Case No. 14-02619;

9. 2014-06-11 Order Transferring Consolidating Cases;

10. 2014-06-20 Motion for Clarification Regarding Abatement and District Court Injunc-

tion filed by Jeffrey Baron;

11. 2014-06-23 Original Counterclaim filed by Jeffrey Baron;

12. 2014-06-25 Objection to Visiting Judge filed by Pronske and his firm;

13. 2014-06-30 First Amended Petition filed by Jeffrey Baron;

14. 2014-06-30 Order Denying Motion to Strike;

15. 2014-06-30 Response to Motion for Summary Judgment filed by Jeffrey Baron;

16. 2014-06-30 Supplemental Answer to First Amended Counterclaim filedby Jeffrey

Baron;

17. 2014-07-08 Order Striking Suggestion of Stay Per Federal Injunction;

18. 2014-07-25 Amended Motion for Summary Judgment filed by Pronske and his firm;

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19. 2014-08-18 Response to Motion for Summary Judgment filed by Jeffrey Baron;

20. 2014-08-18 Second Supplemental Answer filed by Jeffrey Baron;

21. 2014-08-22 Reply to Response to Amended Motion for Summary Judgment filed by

Pronske and his firm;

22. 2014-08-28 Jury Demand filed by Jeffrey Baron;

23. 2014-09-02 Proposed Final Summary Judgment filed by Pronske and his firm;

24. 2014-09-02 Objection to Proposed Order filed by Jeffrey Baron;

25. 2014-09-03 Ltr to Judge Ginsberg filed by Pronske and his firm;

26. 2014-09-03 Second Objection to Proposed Order filed by Jeffrey Baron;

27. 2014-09-03 Final Summary Judgment;

28. 2014-09-09 Final Judgment;

29. 2014-09-11 Turnover Application filed by Pronske and his firm;

30. 2014-09-11 Motion for Severance filed by Pronske and his firm;

31. Docket Sheets in Cause No. DC-10-11915

C. PLEADINGS, MOTIONS, ORDERS AND OTHER PAPERS FILED IN CAUSE

NO. DC-14-02622 – CONSOLIDATED INTO CAUSE NO. DC-10-11915

1. 2014-03-17 Application for Pre-Judgment Writ of Garnishment filed by Pronske and

his firm;

2. 2014-03-17 Order Granting Garnishment;

3. 2014-03-17 Officer’s Returns on Writ of Garnishment;

4. Docket Sheets in Cause No. DC-14-02622

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Respectfully Submitted,

Pendergraft & Simon, LLP

2777 Allen Parkway, Suite 800

Houston, TX 77019

Tel. (713) 528-8555

Fax. (713) 868-1267

/s/ Leonard H. Simon

By: Leonard H. Simon

Texas Bar No. 18387400

lsimon@pendergraftsimon.com

William P. Haddock

Texas Bar No. 00793875

whaddock@pendergraftsimon.com

Counsel for Jeff Baron

Certificate of Service

I hereby certify that a true and correct copy of the above SECOND Objection to Proposed

ORDER OF SEVERANCE has been served on the following counsel/parties of record in ac-

cordance with TEX. R. CIV. P. 21a and local rules for electronic filing and service on this 25

day

of September 2014.

Gerrit M. Pronske

Jason P. Kathman

Melanie P. Goolsby

Pronske Goolsby & Kathman, PC

2200 Ross Ave., Suite 5350

Dallas, TX 75201

Fax. 214-658-6509

/s/ Leonard H. Simon

Leonard H. Simon