Securities and Exchange Commission v. Nadel et al

Filing 1020

Unopposed MOTION for miscellaneous relief, specifically PERMISSION TO PROSECUTE LIMITED CROSS-APPEAL by Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Morello, Gianluca)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Case No. 8:09-cv-87-T-26TBM ARTHUR NADEL; SCOOP CAPITAL, LLC; SCOOP MANAGEMENT, INC. Defendants, SCOOP REAL ESTATE, L.P.; VALHALLA INVESTMENT PARTNERS, L.P.; VALHALLA MANAGEMENT, INC.; VICTORY IRA FUND, LTD.; VICTORY FUND, LTD.; VIKING IRA FUND, LLC; VIKING FUND, LLC; AND VIKING MANAGEMENT, LLC, Relief Defendants. ____________________________________/ THE RECEIVER’S UNOPPOSED MOTION FOR PERMISSION TO PROSECUTE LIMITED CROSS-APPEAL Burton W. Wiand, as Receiver (the “Receiver”) for Valhalla Investment Partners, L.P.; Viking Fund, LLC; Viking IRA Fund, LLC; Victory Fund, Ltd.; Victory IRA Fund, Ltd.; and Scoop Real Estate, L.P. (collectively, the “Hedge Funds”), moves this Court for permission to proceed with a limited cross-appeal regarding a final order entered by the Honorable Elizabeth A. Kovachevich on March 7, 2013, incorporating and adopting in part a report and recommendation issued by Magistrate Mark A. Pizzo in Wiand, as Receiver v. Meeker, Case No. 8:10-cv-166-T-17MAP (M.D. Fla.) (see Meeker Docs. 125 (R&R), 134 (initial order), 145 (final order resolving setoff issue)) granting summary judgment in favor of the Receiver but denying his request for prejudgment interest. The pertinent documents are attached as Exhibits A, B, and C. The defendant in Meeker filed a Notice of Appeal on April 4, 2013 (Meeker Doc. 150), and the Receiver filed a Notice of Cross-Appeal on April 12, 2013 (Meeker Doc. 151). The Receiver previously moved the Court for permission (Doc. 981) to prosecute procedurally and substantively identical cross-appeals as this one in Wiand, as Receiver v. Dancing $, Case No. 8:10-cv-92-T-17MAP (M.D. Fla.), and Wiand, as Receiver v. Lee, Case No. 8:10-cv-92-T-17MAP (M.D. Fla.), and the Court granted that motion on March 5, 2013 (Doc. 982). The Receiver now moves the Court for permission to prosecute this substantively identical cross-appeal regarding prejudgment interest in Meeker for the reasons set forth in his previous motion regarding Lee and Dancing $ (see Doc. 981). CONCLUSION For the foregoing reasons, the Receiver respectfully asks the Court to grant him permission to prosecute a limited cross-appeal in Meeker, which will be substantively identical to the cross-appeals in Lee and Dancing $ the Court has already approved. LOCAL RULE 3.01(g) CERTIFICATE OF COUNSEL Counsel for the Receiver has conferred with counsel for the Securities and Exchange Commission, and the Commission has no objection to the requested relief. 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on May 22, 2013, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system. s/Gianluca Morello Gianluca Morello, FBN 034997 Michael S. Lamont, FBN 0527122 Jared J. Perez, FBN 0085192 WIAND GUERRA KING P.L. 5505 West Gray Street Tampa, FL 33609 Tel.: (813) 347-5100 Fax: (813) 347-5198 Attorneys for the Receiver, Burton W. Wiand 3

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