APPENDIX
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
NOVO POINT, LLC., et al.
Plaintiffs,
vs.
ELISA KATZ, et al.
Defendants
§
§
§
§
§
§
Civil Action No. 3:14-CV-1552-L
APPENDIX INDEX
Exhibit A - Baron-McNair Counsel's Threat to Fabulous............... 2
Exhibit B - Keating's Recent Filing..................................................5
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 1 of 21 PageID 2387
11
935494_3 /
11 August 2014
UR
GENT
Mr Erhan Karabardak
Director
Cooper Mills Lawyers
Level 4
459 Little Collins Street
MELBOURNE VIC 3000
erhan.karabardak@coopermills.com.au
Dear Erhan
Novo Point – Quantec domain names
We understand that you act for Fabulous, the registrar in relation to the above referenced domain names.
We are solicitors for Novo Point, LLC and Quantec, LLC, both Cook Islands corporations, and on behalf of
RPV Ltd, trustee of the Village Trust. The Trust is a Cook Islands trust and owner of both Novo Point and
Quantec.
Our clients intend to seek urgent injunctive relief against your client, to prevent your client from unlocking so
as to permit transfer or any change to the WHOIS (including name server designation) to any accounts in
which Novo Point or Quantec directly or indirectly hold domain names with Fabulous.
While we understand that Fabulous does not wish to be placed in a situation in which it must adjudicate
matters, we do not believe Fabulous is being placed in such a position.
With respect to the US Court Orders apparently referenced by Ms. Elissa Katz, such orders merely directed
that the Receiver in that action tender assets to Ms. Katz. The Court Orders explicitly stated the Court’s
refusal to determine control or ownership of the LLCs or whether Ms. Katz had authority going forward. The
Orders state in relevant part as follows:
“The court rejects the Receiver’s request for it to conduct a show cause hearing or
proceedings to determine the ownership of the Baron or Novo Point/Quantec assets, and will
not consider any evidence in this regard. The court therefore denies the Receiver’s request for
a scheduling conference. While the ownership of Novo Point and Quantec may have been
relevant in the bankruptcy proceeding, such a determination is not relevant or necessary to
comply with the Fifth Circuit’s mandate that the receivership, the creation of which was
determined to be improper, be wound down expeditiously. Thus, any such determination is
outside of the court’s jurisdiction. For the same reason, the court does not and will not have
A. 2
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 2 of 21 PageID 2388
Cooper Mills Lawyers 11
August 2014
11935494_3 Pa
ge 2
jurisdiction in this case over any claims and disputes regarding the ownership of the
re
ceivership.
Accordingly, except for cash currently remaining in the receivership, the Receiver is directed to
return without delay by March 7, 2014, all of Baron’s receivership assets to Baron, and all
receivership assets of Novo Point and Quantec shall be returned to Novo Point’s and
Quantec’s designated and authorized agent Lisa Katz."
1
The Court reiterated its refusal to inquire into authority, control or ownership in the 10 March Order.
Baron contends that there is no evidence before the court that Lisa Katz, the person
designated by Novo Point LLC and Quantec LLC, is the current manager of the LLCs, and that
steps have been taken to terminate Christopher Payne as counsel for the LLCs. For the
reasons previously explained, the court concludes that it would be improper for it to conduct
proceedings regarding the ownership of Novo Point LLC and Quantec LLC, that it is
unnecessary for the court to engage in such an extensive undertaking to effect the winding
down of the receivership, and that such proceedings would unnecessarily delay the winding
down of the receivership. Further, as Baron previously requested the Fifth Circuit to clarify that
he is not the principal beneficiary of Novo Point LLC and Quantec LLC, it does not appear that
he has standing to oppose the manner in which the court has directed the Receiver to return
the Novo Point LLC and Quantec LLC receivership assets.
2
Thus, in any situation, Katz is an agent and as such is beholding to the principal. As you know from Mr.
Keating’s letter to you of 8 August, Ms. Katz is refusing to submit to any principal AND, more egregiously, not
undertaking any efforts to seek instruction from any principal. Rather, she is undertaking all efforts to block
any attempt by the principals to gain control. Should the accounts be unlocked it is believed that she will
undertake to immediately transfer the domain names of our client. This is harm that our client will suffer,
where damages may not be an adequate remedy.
In the circumstances, Fabulous will be taking significant risks if it relies upon the US Court Order references
by Ms Katz. In short, as discussed above, the US Court Order is not directly on point, and a US Court does
not have the appropriate jurisdiction that can be relied upon by Fabulous in this instance.
A Declaratory Relief Application is presently pending in the Cook Islands. The Application seeks to confirm
the authority of the current trustee of the Trust as well as of the LLCs’ manager, Mr. David McNair. These
issues are exclusively within the jurisdiction of the Cook Islands Courts as they pertain to Cook Islands
entities controlled by Cook Islands laws. The trustee is a Cook Islands entity and Mr. McNair is a Cook
Islands resident.
As you know, judges in the Cook Islands Courts are experienced judges and other legal experts usually
sourced from either Australia or New Zealand. The application is well underway and I understand you have
received a copy of the filings from Mr. Keating, an attorney who also acts for my clients. There should be no
reason why Fabulous should not be satisfied with a judgment from a Cook Islands Court.
We therefore request that Fabulous consent to retaining the lock on the accounts pending resolution of the
Cook Islands application. In the event this is for some reason not satisfactory, we request that the lock
1
Netsphere action, Court Order dated February 28, 2014, Doc 1368, p.9. Emphasis added. A copy was provided to you
with Mr. Keating’s letter of August 8, 2014.
2
Netsphere action, Court Order dated March 11, 2014, Doc 1397, p. 2. A copy was provided to you with Mr. Keating’s
letter of August 8, 2014.
A. 3
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 3 of 21 PageID 2389
Cooper Mills Lawyers 11
August 2014
11935494_3 Pa
ge 3
remain in place for 10 days from the date of this letter, to allow our clients to file for urgent injunctive relief in
th
e Supreme Court of Queensland. In the event such a local action is required, please kindly confirm that
you will accept service on behalf of Fabulous?
Our clients reserve all their rights.
Yours sincerely
]É{Ç fã|ÇáÉÇ
John Swinson
Partner in Charge, Brisbane
T +61 7 3244 8050
john.swinson@au.kwm.com
A. 4
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 4 of 21 PageID 2390
No. 13
‐
10696
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
NETSPHERE, INCORPORATED; ET AL,
Plaintiffs,
vs.
JEFFREY BARON,
Defendant–Appellant,
QUANTEC L.L.C.; NOVO POINT, L.L.C.,
Movants–Appellants
vs.
PETER S. VOGEL,
Appellee,
Appeal from the United States District Court
for the Northern District of Texas, Dallas Division
Docket No. 3:09-CV-988
APPELLANTS NOVO POINT, LLC AND QUANTEC, LLC’S
UNOPPOSED EXPEDITED MOTION TO EXTEND DEADLINE TO
FILE APPELLANTS’ OPPOSITION TO MOTION OF GARDERE
WYNNE SEWELL LLP TO DISMISS APPEAL OF NOVO
POINT/QUANTEC; ALTERNATIVE MOTION TO ABATE AND
REMAND TO DETERMINE APPELLATE JURISDICTION (DOC
00512724150)
/s/ Paul Raynor Keating
PAUL RAYNOR KEATING
173 Balmes 2
o
2
a
, 08006
Barcelona, Spain, Tel. (415)
937.0836, Fax. (415) 358.4450
Attorneys for Appellants, Novo
Point LLC and Quantec LLC
Case: 13-10696 Document: 00512734635 Page: 1 Date Filed: 08/14/2014
A. 5
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 5 of 21 PageID 2391
TO THE HONORABLE JUDGES OF THIS COURT:
Novo Point, LLC and Quantec, LLC (“Appellants”) respectfully request
that the Court grant a TEN (10) day extension to file Appellants’ Opposition to
the Motion Of Gardere Wynne Sewell LLP To Dismiss Appeal Of Novo
Point/Quantec; Alternative Motion To Abate And Remand To Determine
Appellate Jurisdiction (Doc 00512724150) and would show:
Gardere Wynne Sewell LLP is indicated in the Court’s docket as a non-
party in this Appeal.
On August 6, 2014, Appellants’ counsel received notice via the Electronic
Court Filing System of the above motion filed by Gardere Wynne Sewell, LLP
(“Gardere”).
Appellants’ counsel, a sole practitioner, has been required to respond to a
Summary Judgment Motion in Novo Point, filed August 13, 2014 in Novo Point,
LLC And Quantec, LLC, Plaintiffs v. Elisa Katz, et al., Civil Action No. 3:14-cv-
01552-L, pending in The United States District Court For The Northern District
Of Texas, and has been, and remains, in the process of preparing and responding
to filings undertaken in an action filed in foreign jurisdictions, including the
Cook Islands and in Queensland Australia. When it became apparent that Mr.
Keating could not complete the above and timely respond to Gardere’s motion,
he consulted with counsel requesting a short extension.
On August 12, 2014, Appellants’ counsel, Mr. Keating, forwarded an
email to all relevant counsel in this Appeal requesting a ten (10) day extension in
which to file Appellants’ Opposition. A true and correct copy of Mr. Keating’s
email is attached as Exhibit “A”.
On August 12, 2014, Mr. Keating received an email from David J. Schenck,
counsel for Appellee Mr. Peter S. Vogel, indicating no opposition to the request.
A true and correct copy of Mr. Schenck’s email is attached as Exhibit “B”.
During a telephone conference on August 12, 2014, Mr. Leonard Simon of
Pendergraft & Simon, LLC, counsel for appellant Jeffery Baron, orally consented
to the requested extension.
Case: 13-10696 Document: 00512734635 Page: 2 Date Filed: 08/14/2014
A. 6
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 6 of 21 PageID 2392
On August 13, 2014, Mr. Keating received an email from Stacy Obenhaus,
one of the counsel listed for Gardere, indicating no opposition to the request. A
true and correct copy of Mrs. Obenhaus’ email is attached as Exhibit “C”.
On August 6, 2014, this Court granted the request of Appellee Mr. Peter S.
Vogel, extending the briefing schedule in this matter until September 19, 2014.
On August 6, 2014, Gardere filed a MOTION to extend time to an opening
brief until September 19, 2014. Appellants do not oppose Gardere’s motion to
extend time.
This extension is being requested in good faith and not for purposes of
delaying or harassing. It is requested so that Appellants’ may have a fair
opportunity to respond to the motion seeking dismissal of their appeal.
The instant motion is unopposed by Appellee and by movant, Gardere.
The short extension requested will not act to prejudice any party or this
Court.
WHEREFOR, Appellants respectfully request that this Court issue an
order providing that Appellants’ Opposition to Gardere’s motion to dismiss
shall be due on August 25, 2014.
/s/ Paul Raynor Keating
PAUL RAYNOR KEATING
173 Balmes 2
o
2
a
, 08006
Barcelona, Spain, Tel. (415)
937.0836, Fax. (415) 358.4450
Attorneys for Appellants, Novo
Point LLC and Quantec LLC
Case: 13-10696 Document: 00512734635 Page: 3 Date Filed: 08/14/2014
A. 7
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 7 of 21 PageID 2393
EXHIBIT “A”
Case: 13-10696 Document: 00512734635 Page: 4 Date Filed: 08/14/2014
A. 8
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 8 of 21 PageID 2394
Subject: Request for Extension to File Opposition to Motions Re: Netsphere/Baron/Quantec, No. 13
10696, US Court of Appeals, Fifth Circuit
Date: Tuesday, August 12, 2014 7:50:44 PM Central European Summer Time
From: Paul Keating <paul@law.es>
To: Obenhaus, Stacy <sobenhaus@gardere.com>, m.tayari@tayarilaw.com
<m.tayari@tayarilaw.com>, dschenck@dykema.com <dschenck@dykema.com>, Leonard
Simon (LSimon@pendergraftsimon.com) <LSimon@pendergraftsimon.com>,
craig.c@westllp.com <craig.c@westllp.com>, whaddock@pendergraftsimon.com
<whaddock@pendergraftsimon.com>, mbprobus@wplaw.com <mbprobus@wplaw.com>
Priority: High
Dear Ms. Obenhaus and everyone else,
In reference to Gardere Wynne's pending motion set out in Doc 00512724150, I ask that you kindly consent to a
10 day extension of time such that the Opposition for Novo Point and Quantec are due on the 25th of August.
I am currently preparing an opposition in a motion for summary judgment in another action and have a
substantial amount of work to do with a filing in the Cook Islands and another in Queensland Australia. Given my
workload I will not be able to complete an opposition to your motion on or before its due date of the 15th.
I look forward to hearing from you.
Sincerely,
Paul Raynor Keating, Esq.
Law.es
Tel. +34 93 368 0247 (Spain)
Tel. +447531400177 (UK)
Fax. (Europe) +34 93 396 0810
Fax. (US)(415) 358.4450
Skype: PrkSpain
email: Paul@law.es
THE INFORMATION CONTAINED IN THIS EMAIL IS CONFIDENTIAL AND MAY CONTAIN INFORMATION
SUBJECT TO THE ATTORNEY/CLIENT OR WORKPRODUCT PRIVILEGE. THE INFORMATION IS INTENDED
ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED. IF YOU ARE NOT THE
INTENDED RECIPIENT, NO WAIVER OF PRIVILEGE IS MADE OR INTENDED AND YOU ARE REQUESTED TO
PLEASE DELETE THE EMAIL AND ANY ATTACHMENTS.
Circular 230 Disclosure: To assure compliance with Treasury Department rules governing tax practice, we
hereby inform you that any advice contained herein (including in any attachment) (1) was not written or
intended to be used, and cannot be used, by you or any taxpayer for the purpose of avoiding any
penalties that may be imposed on you or any taxpayer and (2) may not be used or referred to by you or
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NOTHING CONTAINED IN THIS EMAIL SHALL CONSTITUTE THE FORMATION OF AN ATTORNEY/CLIENT
RELATIONSHIP; SUCH A RELATIONSHIP MAY BE FORMED WITH THIS FIRM AND ATTORNEY ONLY BY
SEPARATE FORMAL WRITTEN ENGAGEMENT AGREEMENT, WHICH THIS IS NOT. IN THE ABSENCE OF
SUCH AN AGREEMENT, NOTHING CONTAINED HEREIN SHALL CONSTITUTE LEGAL ADVICE
From: "Obenhaus, Stacy" <sobenhaus@gardere.com>
Case: 13-10696 Document: 00512734635 Page: 5 Date Filed: 08/14/2014
A. 9
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 9 of 21 PageID 2395
Date: Thursday, July 31, 2014 5:21 PM
To: Paul Keating <paul@law.es>, "m.tayari@tayarilaw.com" <m.tayari@tayarilaw.com>,
"dschenck@dykema.com" <dschenck@dykema.com>, "Leonard H. Simon"
<lsimon@pendergraftsimon.com>, "craig.c@westllp.com" <craig.c@westllp.com>,
"whaddock@pendergraftsimon.com" <whaddock@pendergraftsimon.com>, "mbprobus@wplaw.com"
<mbprobus@wplaw.com>, Paul Keating <paul@law.es>, Paul Keating <prkeating@renovaltd.com>
Subject: Netsphere/Baron/Quantec, No. 1310696, US Court of Appeals, Fifth Circuit
Anyone object to Gardere appearing in the appeal to seek the relief requested below? Anyone object
to the relief?
From: Obenhaus, Stacy
Sent: Tuesday, July 29, 2014 12:18 PM
To: paul@law.es
; 'm.tayari@tayarilaw.com'; dschenck@dykema.com; Leonard Simon
(LSimon@pendergraftsimon.com
); 'craig.c@westllp.com'; 'whaddock@pendergraftsimon.com';
'mbprobus@w-plaw.com
'; 'Paul@law.es'; 'PRKeating@Renovaltd.com'
Subject: Netsphere/Baron/Quantec, No. 13-10696, US Court of Appeals, Fifth Circuit
At your earliest convenience, let me know if your clients will oppose a motion by the Gardere law firm
to dismiss the appeals as to Gardere, with regard to both Baron and the Novo Point/Quantec parties.
Also . . .
At your earliest convenience, let me know if your clients will oppose a motion by the Gardere law firm
(a) to abate the appeal, and remand to the district court to determine the issues being raised there
regarding the attorneys’ authority to file the appeal on behalf of Novo Point/Quantec, (b) to abate all
briefing deadlines pending that determination, and (c) in the alternative, to extend for 30 days any
briefing deadline the Gardere law firm has for filing any principal brief as appellee in this case.
Stacy R. Obenhaus
Board Certified - Civil Appellate Law
Texas Board of Legal Specialization
Gardere Wynne Sewell LLP
3000 Thanksgiving Tower
1601 Elm Street
Dallas, Texas 75201-4761
Tel: 214.999.4868
Fax: 214.999.3868
sobenhaus@gardere.com
www.gardere.com
Austin | Dallas | Houston | Mexico City
Case: 13-10696 Document: 00512734635 Page: 6 Date Filed: 08/14/2014
A. 10
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 10 of 21 PageID 2396
EXHIBIT “B”
Case: 13-10696 Document: 00512734635 Page: 7 Date Filed: 08/14/2014
A. 11
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 11 of 21 PageID 2397
Case: 13-10696 Document: 00512734635 Page: 8 Date Filed: 08/14/2014
A. 12
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 12 of 21 PageID 2398
Circular 230 Disclosure: To assure compliance with Treasury Department rules governing tax practice, we
hereby inform you that any advice contained herein (including in any attachment) (1) was not written or
intended to be used, and cannot be used, by you or any taxpayer for the purpose of avoiding any
penalties that may be imposed on you or any taxpayer and (2) may not be used or referred to by you or
any other person in connection with promoting, marketing or recommending to another person any
transaction or matter addressed herein.
NOTHING CONTAINED IN THIS EMAIL SHALL CONSTITUTE THE FORMATION OF AN ATTORNEY/CLIENT
RELATIONSHIP; SUCH A RELATIONSHIP MAY BE FORMED WITH THIS FIRM AND ATTORNEY ONLY BY
SEPARATE FORMAL WRITTEN ENGAGEMENT AGREEMENT, WHICH THIS IS NOT. IN THE ABSENCE OF
SUCH AN AGREEMENT, NOTHING CONTAINED HEREIN SHALL CONSTITUTE LEGAL ADVICE
From: "Obenhaus, Stacy" <sobenhaus@gardere.com
>
Date: Thursday, July 31, 2014 5:21 PM
To: Paul Keating <paul@law.es>, "m.tayari@tayarilaw.com" <m.tayari@tayarilaw.com>,
"dschenck@dykema.com" <dschenck@dykema.com>, "Leonard H. Simon"
<lsimon@pendergraftsimon.com>, "craig.c@westllp.com" <craig.c@westllp.com>,
"whaddock@pendergraftsimon.com" <whaddock@pendergraftsimon.com>, "mbprobus@wplaw.com"
<mbprobus@wplaw.com>, Paul Keating <paul@law.es>, Paul Keating <prkeating@renovaltd.com>
Subject: Netsphere/Baron/Quantec, No. 1310696, US Court of Appeals, Fifth Circuit
Anyone object to Gardere appearing in the appeal to seek the relief requested below? Anyone object
to the relief?
From: Obenhaus, Stacy
Sent: Tuesday, July 29, 2014 12:18 PM
To: paul@law.es
; 'm.tayari@tayarilaw.com'; dschenck@dykema.com; Leonard Simon
(LSimon@pendergraftsimon.com
); 'craig.c@westllp.com'; 'whaddock@pendergraftsimon.com';
'mbprobus@w-plaw.com
'; 'Paul@law.es'; 'PRKeating@Renovaltd.com'
Subject: Netsphere/Baron/Quantec, No. 13-10696, US Court of Appeals, Fifth Circuit
At your earliest convenience, let me know if your clients will oppose a motion by the Gardere law firm
to dismiss the appeals as to Gardere, with regard to both Baron and the Novo Point/Quantec parties.
Also . . .
At your earliest convenience, let me know if your clients will oppose a motion by the Gardere law firm
(a) to abate the appeal, and remand to the district court to determine the issues being raised there
regarding the attorneys’ authority to file the appeal on behalf of Novo Point/Quantec, (b) to abate all
briefing deadlines pending that determination, and (c) in the alternative, to extend for 30 days any
briefing deadline the Gardere law firm has for filing any principal brief as appellee in this case.
Stacy R. Obenhaus
Board Certified Civil Appellate Law
Texas Board of Legal Specialization
Gardere Wynne Sewell LLP
3000 Thanksgiving Tower
Case: 13-10696 Document: 00512734635 Page: 9 Date Filed: 08/14/2014
A. 13
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 13 of 21 PageID 2399
1601 Elm Street
Dallas, Texas 752014761
Tel: 214.999.4868
Fax: 214.999.3868
sobenhaus@gardere.com
www.gardere.com
Austin | Dallas | Houston | Mexico City
*** Notice from Dykema Gossett PLLC: This Internet message may contain information that is privileged,
confidential, and exempt from disclosure. It is intended for use only by the person to whom it is addressed. If
you have received this in error, please (1) do not forward or use this information in any way; and (2) contact me
immediately. Neither this information block, the typed name of the sender, nor anything else in this message is
intended to constitute an electronic signature unless a specific statement to the contrary is included in this
message.
Case: 13-10696 Document: 00512734635 Page: 10 Date Filed: 08/14/2014
A. 14
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 14 of 21 PageID 2400
EXHIBIT “C”
Case: 13-10696 Document: 00512734635 Page: 11 Date Filed: 08/14/2014
A. 15
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 15 of 21 PageID 2401
Subject: RE: Request for Extension to File Opposition to Motions Re: Netsphere/Baron/Quantec, No. 13
10696, US Court of Appeals, Fifth Circuit
Date: Wednesday, August 13, 2014 3:38:32 PM Central European Summer Time
From: Obenhaus, Stacy <sobenhaus@gardere.com>
To: Paul Keating <paul@law.es>
CC: Baker, Evan <ebaker@gardere.com>
Do not oppose.
From: Paul Keating [mailto:paul@law.es]
Sent: Tuesday, August 12, 2014 6:48 PM
To: Schenck, David; Obenhaus, Stacy; m.tayari@tayarilaw.com; Leonard Simon
(LSimon@pendergraftsimon.com); craig.c@westllp.com; whaddock@pendergraftsimon.com; mbprobus@w-
plaw.com
Subject: Re: Request for Extension to File Opposition to Motions Re: Netsphere/Baron/Quantec, No. 13-10696,
US Court of Appeals, Fifth Circuit
Thank you David,
Stacy, could you please let me know?
Sincerely,
Paul Raynor Keating, Esq.
Law.es
Tel. +34 93 368 0247 (Spain)
Tel. +447531400177 (UK)
Fax. (Europe) +34 93 396 0810
Fax. (US)(415) 358.4450
Skype: PrkSpain
email: Paul@law.es
THE INFORMATION CONTAINED IN THIS EMAIL IS CONFIDENTIAL AND MAY CONTAIN INFORMATION
SUBJECT TO THE ATTORNEY/CLIENT OR WORKPRODUCT PRIVILEGE. THE INFORMATION IS INTENDED
ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED. IF YOU ARE NOT THE
INTENDED RECIPIENT, NO WAIVER OF PRIVILEGE IS MADE OR INTENDED AND YOU ARE REQUESTED TO
PLEASE DELETE THE EMAIL AND ANY ATTACHMENTS.
Circular 230 Disclosure: To assure compliance with Treasury Department rules governing tax practice, we
hereby inform you that any advice contained herein (including in any attachment) (1) was not written or
intended to be used, and cannot be used, by you or any taxpayer for the purpose of avoiding any
penalties that may be imposed on you or any taxpayer and (2) may not be used or referred to by you or
any other person in connection with promoting, marketing or recommending to another person any
transaction or matter addressed herein.
NOTHING CONTAINED IN THIS EMAIL SHALL CONSTITUTE THE FORMATION OF AN ATTORNEY/CLIENT
RELATIONSHIP; SUCH A RELATIONSHIP MAY BE FORMED WITH THIS FIRM AND ATTORNEY ONLY BY
SEPARATE FORMAL WRITTEN ENGAGEMENT AGREEMENT, WHICH THIS IS NOT. IN THE ABSENCE OF
SUCH AN AGREEMENT, NOTHING CONTAINED HEREIN SHALL CONSTITUTE LEGAL ADVICE
From: "Schenck, David" <DSchenck@dykema.com
>
Date: Tuesday, August 12, 2014 8:26 PM
Case: 13-10696 Document: 00512734635 Page: 12 Date Filed: 08/14/2014
A. 16
Case 3:14-cv-01552-L Document 60-1 Filed 08/21/14 Page 16 of 21 PageID 2402
To: Paul Keating <paul@law.es>, "Obenhaus, Stacy" <sobenhaus@gardere.com>,
"m.tayari@tayarilaw.com" <m.tayari@tayarilaw.com>, "Leonard H. Simon"
<lsimon@pendergraftsimon.com>, "craig.c@westllp.com" <craig.c@westllp.com>,
"whaddock@pendergraftsimon.com" <whaddock@pendergraftsimon.com>, "mbprobus@wplaw.com"
<mbprobus@wplaw.com>
Subject: RE: Request for Extension to File Opposition to Motions Re: Netsphere/Baron/Quantec, No. 13
10696, US Court of Appeals, Fifth Circuit
I have no objection one way or the other.
David J. Schenck
Member
DSchenck@dykema.com
214-462-6413 Direct
214-462-6400 Main
855-227-4721 Fax
Comerica Bank Tower
1717 Main Street, Suite 4000
Dallas, Texas 75201
www.dykema.com
From: Paul Keating [mailto:paul@law.es]
Sent: Tuesday, August 12, 2014 12:51 PM
To: Obenhaus, Stacy; m.tayari@tayarilaw.com
; Schenck, David; Leonard Simon
(LSimon@pendergraftsimon.com
); craig.c@westllp.com; whaddock@pendergraftsimon.com; mbprobus@w-
plaw.com
Subject: Request for Extension to File Opposition to Motions Re: Netsphere/Baron/Quantec, No. 13-10696,
US Court of Appeals, Fifth Circuit
Importance: High
Dear Ms. Obenhaus and everyone else,
In reference to Gardere Wynne's pending motion set out in Doc 00512724150, I ask that you kindly consent to
a 10 day extension of time such that the Opposition for Novo Point and Quantec are due on the 25th of
August.
I am currently preparing an opposition in a motion for summary judgment in another action and have a
substantial amount of work to do with a filing in the Cook Islands and another in Queensland Australia. Given
my workload I will not be able to complete an opposition to your motion on or before its due date of the 15th.
I look forward to hearing from you.
Sincerely,
Paul Raynor Keating, Esq.
Law.es
Tel. +34 93 368 0247 (Spain)
Tel. +447531400177 (UK)
Fax. (Europe) +34 93 396 0810
Fax. (US)(415) 358.4450
Skype: PrkSpain
email: Paul@law.es
THE INFORMATION CONTAINED IN THIS EMAIL IS CONFIDENTIAL AND MAY CONTAIN INFORMATION
SUBJECT TO THE ATTORNEY/CLIENT OR WORKPRODUCT PRIVILEGE. THE INFORMATION IS INTENDED
ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED. IF YOU ARE NOT THE
INTENDED RECIPIENT, NO WAIVER OF PRIVILEGE IS MADE OR INTENDED AND YOU ARE REQUESTED TO
Case: 13-10696 Document: 00512734635 Page: 13 Date Filed: 08/14/2014
A. 17
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From: "Obenhaus, Stacy" <sobenhaus@gardere.com
>
Date: Thursday, July 31, 2014 5:21 PM
To: Paul Keating <paul@law.es>, "m.tayari@tayarilaw.com" <m.tayari@tayarilaw.com>,
"dschenck@dykema.com" <dschenck@dykema.com>, "Leonard H. Simon"
<lsimon@pendergraftsimon.com>, "craig.c@westllp.com" <craig.c@westllp.com>,
"whaddock@pendergraftsimon.com" <whaddock@pendergraftsimon.com>, "mbprobus@w
plaw.com" <mbprobus@wplaw.com>, Paul Keating <paul@law.es>, Paul Keating
<prkeating@renovaltd.com>
Subject: Netsphere/Baron/Quantec, No. 1310696, US Court of Appeals, Fifth Circuit
Anyone object to Gardere appearing in the appeal to seek the relief requested below? Anyone
object to the relief?
From: Obenhaus, Stacy
Sent: Tuesday, July 29, 2014 12:18 PM
To: paul@law.es
; 'm.tayari@tayarilaw.com'; dschenck@dykema.com; Leonard Simon
(LSimon@pendergraftsimon.com
); 'craig.c@westllp.com'; 'whaddock@pendergraftsimon.com';
'mbprobus@w-plaw.com
'; 'Paul@law.es'; 'PRKeating@Renovaltd.com'
Subject: Netsphere/Baron/Quantec, No. 13-10696, US Court of Appeals, Fifth Circuit
At your earliest convenience, let me know if your clients will oppose a motion by the Gardere law
firm to dismiss the appeals as to Gardere, with regard to both Baron and the Novo Point/Quantec
parties.
Also . . .
At your earliest convenience, let me know if your clients will oppose a motion by the Gardere law
firm (a) to abate the appeal, and remand to the district court to determine the issues being raised
there regarding the attorneys’ authority to file the appeal on behalf of Novo Point/Quantec, (b) to
abate all briefing deadlines pending that determination, and (c) in the alternative, to extend for 30
days any briefing deadline the Gardere law firm has for filing any principal brief as appellee in this
case.
Stacy R.Obenhaus
Case: 13-10696 Document: 00512734635 Page: 14 Date Filed: 08/14/2014
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Board Certified Civil AppellateLaw
Texas Board of LegalSpecialization
Gardere Wynne SewellLLP
3000 ThanksgivingTower
1601 ElmStreet
Dallas, Texas 752014761
Tel: 214.999.4868
Fax: 214.999.3868
sobenhaus@gardere.com
www.gardere.com
Austin | Dallas | Houston | Mexico City
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me immediately Neither this information block the typed name of the sender nor anything else in this
Case: 13-10696 Document: 00512734635 Page: 15 Date Filed: 08/14/2014
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CERTIFICATE OF CONFERENCE
The undersigned certifies that he conferred with opposing counsel
regarding this Motion as follows:
1. An email exchange occurred with counsel for Appellee, David
Schenck, on August 12, 2014, in which Mr. Schenck stated his client did not
oppose the requested extension.
2. An email exchange occurred with Stacy Obenhaus, counsel for
movant, Gardere on August 12, 2014 and by email dated August 13, 2014, Ms.
Obenhaus stated her client did not oppose the requested extension.
3. An email exchange and telephone conference was held on August
12, 2014 with Leonard Simon of Pendergraft & Simon, LLC, counsel for appellant
Jeffery Baron, in which Mr. Simon consented to the requested extension.
/s/ Paul Raynor Keating
PAUL RAYNOR KEATING
173 Balmes 2
o
2
a
, 08006
Barcelona, Spain, Tel. (415)
937.0836, Fax. (415) 358.4450
Attorneys for Appellants, Novo
Point LLC and Quantec LLC
Case: 13-10696 Document: 00512734635 Page: 16 Date Filed: 08/14/2014
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CERTIFICATE OF SERVICE
The undersigned certifies that on this day, August 14, 2014, the Appellants
Novo Point, LLC’s And Quantec, LLC’s Unopposed Expedited Motion To Extend
Deadline To File Appellants’ Opposition To Motion Of Gardere Wynne Sewell LLP To
Dismiss Appeal Of Novo Point/Quantec; Alternative Motion To Abate And Remand To
Determine Appellate Jurisdiction (Doc 00512724150) was electronically filed with
the Clerk of the United States Court of Appeals for the Fifth Circuit using the
Appellate CM/ECF system. Accordingly, counsel who have entered an
appearance in this case and are registered Appellate CM/ECF users will be
served electronically by the Appellate CM/ECF sys-tem through their registered
e-mail addresses.
/s/ Paul Raynor Keating
PAUL RAYNOR KEATING
173 Balmes 2
o
2
a
, 08006
Barcelona, Spain, Tel. (415)
937.0836, Fax. (415) 358.4450
Attorneys for Appellants, Novo
Point LLC and Quantec LLC
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