MOTION OF JEFFREY BARON FOR STAY PENDING APPEAL Page - 2
Movant must show: (1) likelihood of success on the merits, (2) irreparable injury if the stay is not
granted, (3) absence of substantial harm to the other parties from granting the stay and (4)
service to the public interest from granting the stay. Hunt v. Bankers Trust Co., 799 F. 2d 1060,
1067 (5
th
Cir. 1986). With regard to the likelihood of success prong, a movant should only have
to present a substantial case on the merits. S.C. of Okaloosa, Inc., 2006 U.S. Dist. LEXIS 57187
(W.D. La. 2006).
3. As this Motion is filed, Mr. Baron has not yet filed his statement of issues on
appeal. Without limiting the issues to be presented on appeal, there are substantial legal
questions presented including, but not limited to whether the Court has jurisdiction over the
domain name or whether the pending appeal of the receivership orders to the Fifth Circuit Court
of Appeals deprives this court of jurisdiction to sell the assets, whether the Bankruptcy Court has
jurisdiction over non-debtor assets (i.e. the domain name portfolios), and whether the court erred
in granting a sale of assets without taking any evidence on the need for the auction, the
commercial reasonableness of the Stalking Horse bid of $4.1 million, the need for a full
valuation of the assets prior to the auction, the marketing plan and adequacy of notice to
potentially qualified bidders in the domain name market, the limitations on type and format
information provided to potential qualified bidders (excluding electronic information), the
excessive escrow amount of $500,000 required for a qualified bidder to be allowed inspection of
a list of 153,000 domain names and then be required to conduct due diligence within the
relatively brief time period allowed between access to the domain name list and the November 9,
2012 auction date, the severe loss that would be incurred if the domain name portfolios were sold
in one “batch” versus sale as individual or smaller groups of domain names over a longer period
Case 09-34784-sgj11 Doc 897 Filed 11/06/12 Entered 11/06/12 13:40:38 Desc