Securities and Exchange Commission v. Nadel et al

Filing 1084

ORDER ATTACHED denying 1076 Motion for Partial Relief from Stay to File Lien. Signed by Judge Richard A. Lazzara on 11/4/2013. (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 parties’ submissions, together with the prior
proceedings in this case, it is ordered and adjudged that La Bellasara Condominium
Association’s Motion for Partial Relief From Stay to Permit the Filing of a Lien in the Public
Records (Dkt. 1076) is denied based on the same reasoning and analysis set forth in this Court’s
prior order rendered August 5, 2009, at docket 169. Furthermore, this Court agrees with the
Receiver’s contention that the motion is premature and that “[t]he Association will have an

opportunity to address its interests when the Receiver finds a buyer for Unit 703 and, if still
unresolved, when he moves the Court to approve the sale of Unit 703.”

DONE AND ORDERED at Tampa, Florida, on November 4, 2013.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:

Counsel of Record

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