IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

NETSPHERE, INC., §

MANILA INDUSTRIES, INC., §

AND MUNISH KRISHAN §

PLAINTIFFS, §

V. § CIVIL ACTION NO. 3:09-CV-0988-F

JEFFREY BARON AND §

ONDOVA LIMITED COMPANY, §

DEFENDANTS. §

REQUEST FOR APPOINTMENT AS COUNSEL FOR JEFFREY BARON FOR

REPRESENTATION ON ISSUES REGARDING APPLICATIONS BY THE TRUSTEE

AND RECEIVER FOR ATTORNEYS FEES AND REQUEST FOR EXTENSION OF

TIME TO RESPOND TO FEE APPLICATIONS

Jeffrey Baron, by and through counsel, requests the Court authorize Stephen R. Cochell,

to represent him on recently filed applications by the Receiver and the Trustee for attorneys fees,

and in support thereof, states:

1. The Court authorized Mr. Cochell to represent him in the bankruptcy and district court on

issues relating to approving the Receiver entering into the Plan settlement and approving auction

procedures and approving the Stalking Horse Bid. [Doc. 815]

2. The representation and arrangement to compensate Mr. Cochell, however, was limited to

these matters and did not extend to issues involving the review and evaluation of the Receiver

and Trustee’s attorney’s fees.

3. The Trustee recently filed a fee application seeking $653,563 [Doc.1075] and the

Receiver filed a fee application seeking $155,356 [Doc. 1068], amounting to $808,919.

4. Thus, Mr. Baron is unrepresented on claims amounting to $808,919.

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5. Cochell a retainer of $45,000 and expert fees of $50,000 to represent Mr. Baron in

evaluating and potentially opposing fee applications recently filed with the Court. An expert

would have to be retained to conduct analysis of the fees, and to opine on the reasonableness of

the fees. Counsel would also be required to evaluate the reasonableness of the fees and work

with the expert to determine and present objections for thousands of time entries. Unfortunately,

this process is not inexpensive, but is necessary in a case where the fees have outstripped the

assets of the bankruptcy estate. Duplication of work, excessive billing and unnecessary billing

are likely in the instant case.

6. The representation would extend to potential objections to all fees to be approved by this

Court and the Bankruptcy Court.

7. Mr. Baron also requests the Court for an extension of time to respond to the pending fee

applications. Due to the expedited discovery schedule, Mr. Baron did not focus on the need for

representation or request counsel to file this application until this evening.

WHEREFORE, Jeffrey Baron requests the Court authorize and direct the Receiver to pay

Mr. Cochell a retainer of $45,000 for fees and $50,000 for expert and related computer support

to evaluate and file objections to fee applications pending before the Court and final approval of

all fees paid by the Bankruptcy and District Court.

Very respectfully,

/s/ Stephen R. Cochell

Stephen R. Cochell

The Cochell Law Firm, P.C.

Texas Bar No. 24044255

7026 Old Katy Rd., Ste 259

Houston, Texas 77096

(713)980-8796 (phone)

(713)980-1179 (facsimile)

srcochell@cochellfirm.com

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CERTIFICATE OF CONFERENCE

Counsel did not have an opportunity to confer with counsel for the Trustee or the

Receiver prior to filing this motion as he was not asked to represent Mr. Baron until this evening.

Due to the deadline for filing a response to the fee applications, conference with opposing

counsel was not feasible.

CERTIFICATE OF SERVICE

This is to certify that, on November 7, 2012, a copy of the above was served on all

counsel of record through the Court’s ECF filing system.

/s/ Stephen R. Cochell

Stephen R. Cochell

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