Securities and Exchange Commission v. Nadel et al

Filing 1116

ORDER ATTACHED denying without prejudice 1115 Motion for Leave to Retain Whitehorse Partners LLC to Market and Sell Quest Energy Management Group, Inc. Signed by Judge Richard A. Lazzara on 5/15/2014. (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, and consistent
with the Court’s order entered July 16, 2013, at docket 1040, it is ordered and adjudged that the
Receiver’s Unopposed Verified Motion for Leave to Retain Whitehorse Partners LLC to Market
and Sell Quest Energy Management Group, Inc. (Dkt. 1115) is denied without prejudice to being
renewed in the event the Eleventh Circuit Court of Appeals affirms this Court’s previous order
including Quest in the receivership estate, which order was entered on May 24, 2013, at docket
1024. Because that previous order is on appeal to the Eleventh Circuit, this Court is divested of

any jurisdiction to entertain the present motion. See Griggs v. Provident Consumer Disc. 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 of the court of appeals
and divests the district court of its control over those aspects of the case involved in the
appeal.”).

DONE AND ORDERED at Tampa, Florida, on May 15, 2014.

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

Counsel of Record

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