Securities and Exchange Commission v. Nadel et al

Filing 1040

ORDER ATTACHED denying 1039 Motion to Intervene and Motion for Immediate Accounting. Signed by Judge Richard A. Lazzara on 7/16/2013. (CCB)

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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; and 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. / ORDER Upon due and careful consideration of the procedural history of this case, it is ordered and adjudged that the Motion to Intervene and Motion for Immediate Accounting (Dkt. 1039) is denied for the following two reasons. First, counsel filing the motions failed to comply with the conferral requirements of Local Rule 3.01(g). Second, because Quest Energy Management Group, Inc., has appealed this Court’ order expanding the Receivership to include Quest, this Court is of the opinion that it lacks jurisdiction to entertain the motions. See Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58, 103 S.Ct. 400, 402, 74 L.Ed.2d 225 (1982) (stating that “[t]he filing of a notice of appeal is an event of jurisdictional significance - it confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal.”) (citations omitted). DONE AND ORDERED at Tampa, Florida, on July 16, 2013. s/Richard A. Lazzara RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Counsel of Record -2-

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