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)

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

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