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
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Case: 10-11202 Document: 00511518092 Page: 3 Date Filed: 06/22/2011
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
.
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 obligaons 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 consideraon.
Jeff
From: VOGEL, PETER [mailto:pvogel@gardere.com]
Sent: Thursday, December 02, 2010 1:20 PM
To: LOH, PETER; 'jeffbaron1@gmail.com'
Cc: GOLDEN, BARRY; BLAKLEY, JOHN DAVID
Subject: Re: Jeff Baron Receivership
Mr. Baron,
I'm in Comerica Bank at this moment & need this information as soon as possible so we can complete openuing the
account. We will bring you a signature card & checks this afternoon so the sooner we get this information the better.
Thank you.
Peter Vogel,
Receiver
From: LOH, PETER
To: 'jeffbaron1@gmail.com' <jeffbaron1@gmail.com>
Cc: VOGEL, PETER; GOLDEN, BARRY; LOH, PETER; BLAKLEY, JOHN DAVID
Sent: Thu Dec 02 13:14:38 2010
Subject: Jeff Baron Receivership
Mr. Baron: I am counsel for the Receiver, Peter Vogel, in this case. The Order
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Case: 10-11202 Document: 00511518092 Page: 4 Date Filed: 06/22/2011
Appointing Receiver provides that “the Receiver shall immediately have the
following express powers and duties . . . [t]o make payments and disbursements
from the Receivership Estate that are necessary or advisable for carrying out the
directions of, or authority granted by, this order.” To that end, the Receiver is
establishing a bank account that he will fund so that you may have access to
money. In order to give you signature authority on the account, we need certain
personal information, i.e. birthdate, social security number, driver’s license number,
address, and phone number.
Please note that the Receiver will determine the appropriate amounts to be
disbursed into the account and in what time periods on a going forward basis. In
fact, the amounts disbursed and time periods for disbursement may vary slightly or
greatly. The Receiver is still making a determination in this regard and will likely
require additional information from you and other parties which will be detailed at a
later date.
Can you please call me at the number below or respond to this email with the
information requested above? Thank you.
Peter L. Loh | Partner
Gardere Wynne Sewell LLP
1601 Elm Street, Suite 3000 | Dallas, TX 75201
214.999.4391 direct
214.729.9058 cell
214.999.3391 fax
Gardere | Bio | vCard
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Case: 10-11202 Document: 00511518092 Page: 5 Date Filed: 06/22/2011
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Case: 10-11202 Document: 00511518092 Page: 6 Date Filed: 06/22/2011
