Netsphere, Inc. v. Baron, No. 13-10696 (5th Cir. 2015)
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This case arose from a contractual dispute between Netsphere and Jeffrey Baron in 2009. One of Baron's companies, Ondovoa, declared bankruptcy, automatically staying the district court action. As proceedings continued, both the bankruptcy court and the bankruptcy trustee
became increasingly concerned over Baron’s failure to pay his current or former lawyers. Eventually, on the recommendation of the bankruptcy court, the district court appointed a receiver over Baron. The court reversed and remanded for the district court to reconsider all receivership fees and expenses. Before this mandate issued, the district court entered several orders approving interim fee applications submitted by the receiver and its counsel. After the mandate issued, and the case was remanded, the district court then entered an order reconsidering the fees it had previously awarded to the receiver, its counsel, and the Ondova bankruptcy trustee. It also authorized new payments to the receiver and to one of its counsel. Both parties appealed the various fee orders. The court dismissed the appeal for want of appellate jurisdiction because 28 U.S.C. 1292(a)(2) does not confer upon the court appellate jurisdiction to review these fee orders and the collateral order doctrine does not provide a basis for appellate jurisdiction.
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