Securities and Exchange Commission v. Nadel et al

Filing 1105

ORDER ATTACHED granting to a limited extent 1101 Motion for Clarification. Signed by Judge Richard A. Lazzara on 2/4/2014. (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 Before the Court is the United States of America’s Motion for Clarification of Order Authorizing Receiver’s Execution and Submission of Amended Tax Return of Arthur Nadel (Dkt. 1101) and The Receiver’s Response. (Dkt. 1104). After careful consideration of the arguments, the applicable law, and the file, the Court concludes that the motion should be granted only to the following limited extent. With respect to clarification of the language “accept and timely process” on page 2 of the order found at docket 1100, the order as written is not intended to nullify any statutory or regulatory requirement governing the form and/or content of the Amended Return for Arthur Nadel. The order is intended, rather, to permit the Receiver to submit a return on behalf of Arthur Nadel and to receive any refund due on that return. As to the argument made regarding the timely processing of the Amended Return and the delivery of the refund in a timely manner, the order as it stands does not alter or limit any statutory deadline. Consequently, the language of the order stands. It is therefore ORDERED AND ADJUDGED that the Motion for Clarification (Dkt. 1101) is granted to the limited extent set forth above. The order at docket 1100 remains in full force and effect as clarified. DONE AND ORDERED at Tampa, Florida, on February 4, 2014. s/Richard A. Lazzara RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Counsel of Record -2-

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