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IN

THE

UNITED STATES DISTRICT

COURT

FOR

THE

NORTHERN

DISTRICT

OF

TEXAS

DALLAS

DIVISION

NETSPHERE,

INC.,

ET

AL.

Number

3:

09-CV-0988-F

Plaintiff,

vs.

JEFFREY

BARON,

ET

AL.

Defendant.

June

19,

2009

Status

Conference

Before

the

Honorable

Royal

Furgeson

A P P E A R

AN

C E

S:

For

the

Plaintiff:

For

the

Defendant:

Reported

by:

JOHN

W.

MACPETE

LOCKE

LORD

BISSELL

& LIDDELL LLP

2200

Ross,

Suite

2200

Dallas,

Texas

75201

Phone:

214/740-8662

Email:

jmacpete@lockelord.com

Caleb

Rawls

Godwin

Pappas

&

Ronquillo

PC

1201

Elm

Street,

Suite

1700

Dallas,

Texas

75270-2041

Phone:

214/939-8697

James

Bell

&

Weinstein

6440

N.

Central

Expwy,

Suite

615

Dallas

,

TX

75206

Phone:

214/293-2263

Cassidi

L.

Casey

1100

Commerce

Street,

Rm

15D6L

Dallas,

Texas

75242

Phone:

214-354-3139

CASSIDI

L.

CASEY, CSR,

214-354-3139

UNITED STATES DISTRICT

COURT

08:11

08:12

Case 3:09-cv-00988-F

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of

cyber

squatting

liability

called

--

THE

COURT:

Please,

you

guys

know

so

much

more

than

I

do.

Judge

Lynn

put

an

order

in

place.

It

will

work.

Both

sides

agree.

MR.

BELL:

Yes,

your

Honor,

absolutely.

I

don't

think

your

Honor

needs

to

modify

that

order,

and

I'm

okay

with

it,

and

I

believe

Mr.

MacPete

is

as

well.

THE

COURT:

You

realize

that

order

is

an

order

of

the

Court.

So

any

failure

to

comply

with

that

order

is

contempt,

punishable

by

lots

of

dollars,

punishable

by

possible

jail,

death.

MR.

BELL: And

death.

MR.

RAWLS:

The

only

part

about

that

I

would

ask

the

Court

is

to

give

us

a

ruling

on

the

earlier

issue

that

Mr.

MacPete

raised.

There

is

this

UDRP

issue

where

my

client

has

no

choice

if

he

wants

to

keep

his

accreditation

with

ICANN

to

change

the

registrant

information,

who

owns

the

names.

And

apparently

there

is

another

process

that

doesn't

involve

UDRP

where

a

third

party

asserts

a

trademark

claim

to

a

name,

and

my

client

in

that

situation

also

has

no

choice,

and

basically

this

arises

out

of

Judge

Lynn's

order

on

Friday

that

Mr.

MacPete's

client

is

concerned

that

my

client

would

get

in

there

to

alter

the

date

to

alter

the

split.

They

were

concerned

about

alteration

of

data.

Judge

Lynn

said

CASSIDI

L.

CASEY, CSR,

214-354-3139

UNITED STATES DISTRICT

COURT

08:19

08:20

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THE

COURT:

I

like

California.

Wish

they

had

a

better

system

of

governance,

but

I

like

California.

MR.

BELL:

We're

in

a

little

bit

of

a

quagmire,

and

I

think

the

best

thing

to

do

would

be

to

order

us

right

now

--

It

sounded

like

I

was

quasi-joking,

but

we

need

to

get

into

a

room

and

get

this

knocked

out,

and

we're

ready,

willing

and

able

to

perform

in

contravention

of

Mr.

MacPete's

representation,

and

I'm

not

saying

he

misrepresented.

We're

ready

willing

and

able

to

perform.

We

want

the

case

off

the

docket.

There

is

a

state

court

motion

pending.

A

motion

to

enforce

in

that

court

and

I

don't

believe,

with

all

due

respect

to

the

Court,

the

state

court

has

jurisdiction

on

this.

THE

COURT:

They

do

and

I

have

jurisdiction,

too.

So

I'll

tell

you

what.

I

am

going

to

stay

in

this

case

through

the

preliminary

injunction,

and

there

is

an

order

entered.

Nobody

can

violate

it.

Anybody

violates

it,

you

are

all

paying

big

dollars.

Not

only

corporately

but

personally

also.

You

want

to

challenge

the

court

order,

I

have

the

marshals

behind

me.

I

can

come

to

your

house,

pick

you

up,

put

you

in

jail.

I

can

seize

your

property,

do

anything

I

need

to

do

to

enforce

my

orders.

I'm

telling

you

don't

screw

with

me.

You

are

a

fool,

a

fool,

a

fool,

a

fool

to

screw

with

a

federal

judge,

and

if

you

don't

understand

that,

I

can

make

you

understand

it.

CASSIDI

L.

CASEY, CSR,

214-354-3139

UNITED STATES DISTRICT

COURT

08:21

08:22

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I

have

the

force

of

the

Navy,

Army,

Marines

and

Navy

behind

me.

There

is

a

lot

of

playing

games.

Both

sides

are

probably

completely

complicit.

But

it's

time

to

resolve

this.

If

you

don't

want

to

resolve

it,

I

can

put

you

in

jail.

I

can

hold

you

six

months,

twelve

months,

eighteen

months,

and

I

can

do

that,

and

if

you

want

me

to

do

it,

I

will

be

glad

to

do

it,

but

you

need

to

be

serious

about

this.

There

is

a

problem

here

that

I

do

not

understand.

It's

really

beyond

my

comprehension,

and

I

actually

am

not

a

completely

dumb

person.

So

you

need

to

get

this

resolved.

MR.

BELL: I

have

been

on

the

case

eight

days.

So

I'm

not

entirely

complicit.

THE

COURT:

Everybody

is

to

blame.

When

you

get

up

in

the

morning

look

in

the

mirror.

Everybody

is

to

blame

here.

I'm

going

to

hear

you

on

the

1st,

if

I

have

to,

but

in

the

meantime,

there

needs

to

be

two

adults,

one

on

each

side,

that

figures

this

out.

MR.

BELL:

Do

you

think,

your

Honor

--

I

mean

I

would

make

an

oral

motion

before

the

honorable

court

maybe

to

order

a

mediation

and

get

this

thing

out

and

off

your

docket.

THE

COURT:

There

is

no

question

that's

what

needs

to

be

done.

Apparently,

there

is

a

lot

of

money

to

be

had

here.

Let's

not

be

greedy.

Let's

get

this

done

CASSIDI

L.

CASEY, CSR,

214-354-3139

UNITED STATES DISTRICT

COURT

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

NETSPHERE, ET AL. ( Number 3: 09-CV-0988-F

Plaintiff, (

(

vs. (

(

JEFFREY BARON, ET AL. (

Defendant. ( February 10, 2011

__________________________________________________________

Emergency Motion to Clarify and Further Emergency Relief

Before the Honorable Royal Furgeson

__________________________________________________________

A P P E A R A N C E S:

For the Plaintiff Netsphere:

JOHN W. MACPETE

LOCKE LORD BISSELL & LIDDELL LLP

2200 Ross, Suite 2200

Dallas, TX 75201

Phone: 214/740-8662

Email: jmacpete@lockelord.com

RAVI PURI

ATTORNEY AT LAW

1300 Bristol Street North, Suite 200

Newport Beach, California 92260

Work: (949) 756-2446

For the Receiver: BARRY M. GOLDEN

PETER LOH

GARDERE WYNNE SEWELL

1601 Elm Street, Suite 3000

Dallas, TX 75201-4761

Phone: 214/999-4746

Email: bgolden@gardere.com

CASSIDI L. CASEY, CSR, 214-354-3139

UNITED STATES DISTRICT COURT

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06:55

09:10

08

:

15

1

2

3

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8

9

10

11

12

13

14

08

:

16 15

16

17

18

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20

21

22

23

24

25

45

represen

ti

ng

Mr . Ba r

on

who

wi

ll

k

ept

say

1

ng

"T

h i s

doesn

' t

m

ake

sense

,

don

' t

do

th

is

.

We

have

t o

do

it

th

i s

way

.''

L

awyers

over

and

over

and

ove

r t

el

li

ng

Mr .

Baron

,

you

know

,

you

can

't

do

th

is

,

can

't

h i

de

money

.

Lawye

r s t

ry

i

ng

to

do

th

e i r j

ob

as

l

awye

r s .

And

over

and

over

aga

i n ,

appa

r

ently

, Mr .

Baron

f

inal

l y j

us

t

go

t

ti

red

o f

hear

i

ng

wha

t he

cons

i

dered

t o

be

bad

news

and

fi

red

th

e

lawyers

aga1n

.

You

know

,

peop

l e

giving

bad

news

I

guess

are

subjec

t t o

being

f i r

ed

. Bu t wha t I

have

never

unders

t

ood

i n t hi s

case

--

and

I

probably

wi l l

never

unders

t

and

--

lS

why

Mr .

Baron

does

wh

at

he

does

i n

ways

tha

t

are

so

detr

im

en

t a l

to

h

is

own

se

lf

inte

r

est

because

wha

t

Mr . B

aron

is

abou

t

to

do

here

--

whe t

her

t

here

is

a

rece

i

ver

or

no

t .

Say

you

w1n

and

the

r e

is

no

receiver

.

It

doesn't

make

any

dif

f

erence

.

Tnis

is

qoinq

on

and

on

and

on

un

f l l M

r.

Ba r

on

has

n

ofn

1ng

. I m

ean

ac

t

ua

ll

y

everyt

n

ing

is

dep

l

eted

. I

gathe

r

that

Mr .

Bar

o n

is

wor

th

l

ot

s o f

money

.

Buf

1t

may

be

tha

t we

se

l l a

ll

the

doma

1n

names

.

We

may

se

l l

al

l of

his

st

o

ck

.

We

m

ay

cas

n i n a l l

CO

'

s,

and

we

may

seize

al

l

accounts

.

And

even

if

there

is

no

r

ece1ver

,

some

judgmen

t c r

ed

it

or

i s

go

i

ng

t o

do

tha

t .

It'

s

al

l

gone

.

And

it

m

ay

be

t

hat

I

don

't

understand

the

mi

nd

se

t,

and

it

may

be

tha

t

Mr . B

aron

is

going

to

say

t

here

is

nobody

anywhe

r e 1n

the

un

i

verse

th

at

' s

going

to

te

l l me

wha

t t o

do

.

And

he

can

CASSIDI L .

CASEY

, CSR,

21

4-

354

-

3139

UN

I TED STATES DI STRI

CT

COUR

T

From: jeffbaron1@gmail.com [mailto:jeffbaron1@gmail.com]

Sent: Thursday, December 02, 2010 4:18 PM

To: VOGEL, PETER

Cc: LOH, PETER

Subject: RE: Jeff Baron Receivership

DearMr.Vogel,



Thankyouforyouremail.Idowantthisaccountestablished,butnowthatIamwithoutlegalcounsel,Iam

scaredaboutwhatmyrightsandobligationsareandhowtocommunicatewithyou.Iwouldliketorenewmy

requestforfundstohirecounselto

adviseontheseissuesandtocommunicatewithyou.



Thankyouforyourconsideration.



Jeff

From: GOLDEN, BARRY [mailto:bgolden@gardere.com]

Sent: Thursday, December 02, 2010 8:13 PM

To: 'jeffbaron1@gmail.com'

Cc: VOGEL, PETER; LOH, PETER

Subject: FW: Jeff Baron Receivership

Dear Mr. Baron,

As you know, I am counsel for the Receiver, Peter Vogel. The Receiver forwarded to me

your e-mail below.

Judge Furgeson’s Order Appointing Receiver (“Receiver Order”) provides the Receiver

with, among other things, the following powers and duties: (1) “exclusive control over,

any and all ‘Receivership Parties, which term shall include Jeffrey Baron,” (2) “exclusive

control over any and all ‘Receivership Assets’, which term shall include . . . accounts . . .

and all cash” (the “Receiver Funds”), and (3) exclusive power “[t]o choose, engage, and

employ attorneys . . . as . . . the Receiver deems necessary.” The Receiver Order further

provides that you “shall fully cooperate with and assist the . . . Receiver,” and such

assistance shall include “providing any information to the Receiver that the Receiver

deems necessary.”

Based on the powers and duties provided to the Receiver within the Receiver Order, the

Receiver has retained me and others at my law firm to serve as counsel. Furthermore,

based on the obligations imposed upon you under the Receiver Order, you—and that

means you, personally, and not indirectly through any lawyer, agent, or any third party

individual —shall cooperate and assist me and others at my law firm and provide us with

information that we deem necessary to effectuate the Receiver Order.

The Receiver is furthermore instructing you as follows:

First, you are expressly prohibited from retaining any legal counsel. Should you

retain any legal counsel, the Receiver may move the Court to find you in contempt

of the Receiver Order.

Second, you are expressly prohibited from disbursing any Receiver Funds provided

to you by the Receiver for anything other than the following daily-living expenses

for yourself only: local transportation, meals, home utilities, medical care and

medicine. Should you disburse any Receiver Funds provided to you by the

Receiver (including, without limitation, the $1,000 check enclosed in the letter I

had delivered to you approximately two and a half hours ago) for anything other

than the aforementioned daily-living expenses (including, without limitation,

retaining an attorney), the Receiver may move the Court to find you in contempt of

the Receiver Order. To be clear, you shall not use any portion of the $1,000 I sent

you today to retain an attorney.

Should you have any questions, please do not hesitate to contact me.

Barry Golden

Counsel for the Receiver

214.999.4746

.