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)

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.

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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
[e-mail]
Michael S. Lamont, FBN 0527122
[e-mail]
Jared J. Perez, FBN 0085192
[e-mail]
WIAND GUERRA KING P.L.
5505 West Gray Street
Tampa, FL 33609
Tel.: [phone]
Fax: [phone]
Attorneys for the Receiver, Burton W. Wiand

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