Securities and Exchange Commission v. Nadel et al

Filing 1179

TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of interlocutory appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 1178 Notice of appeal. (KMB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
Sam M. Gibbons U.S. Courthouse
801 North Florida Avenue
Tampa, FL 33602
Sheryl L. Loesch
Clerk

Mark Middlebrook
Tampa Division Manager

DATE: May 13, 2015
TO:

Clerk, U.S. Court of Appeals for the Eleventh Circuit

SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v.

Case No: 8:09-cv-87-T-26TBM

ARTHUR NADEL, SCOOP CAPITAL, LLC, SCOOP
MANAGEMENT, INC., 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, VIKING
MANAGEMENT, LLC, CITY OF VENICE,
CARRELAGE MULTI-STRATEGY OFFSHORE FUND,
LTD., WELLS FARGO BANK, N.A., AS SUCCESSOR
BY MERGER TO WACHOVIA BANK, N.A., KELVIN
V. LEE, MARTY HUPPERT, ANNE NADELWALBRIDGE, CHOICE DIRECT MAIL, INC. and
BRANCH BANKING & TRUST CO. SUCCESSOR TO
COLONIAL BANK NA,
Defendants.

U.S.C.A. Case No.:

UNKNOWN

Enclosed are documents and information relating to an appeal in the above-referenced action.


Honorable Richard A. Lazzara, United States District Judge appealed from.



Appeal filing fee was not paid. Upon filing a notice of appeal, the appellant must pay the district clerk
all required fees. The district clerk receives the appellate docket fee on behalf of the court of appeals. If
you are filing informa pauperis, a request for leave to appeal in forma pauperis needs to be filed with the
district court.



Certified copy of Notice of Appeal, docket entries, judgment and/or Order appealed from. Opinion was
not entered orally.
SHERYL L. LOESCH, CLERK
By:

s/K. Brophy, Deputy Clerk

APPEAL, SL DOC, STAYED, TRLSET

U.S. District Court
Middle District of Florida (Tampa)
CIVIL DOCKET FOR CASE #: 8:09−cv−00087−RAL−TBM
Internal Use Only
Securities and Exchange Commission v. Nadel et al
Assigned to: Judge Richard A. Lazzara
Referred to: Magistrate Judge Thomas B. McCoun III
Case in other court: 11th Circuit, 09−16007−H
11th Circuit, 09−16437−H
11th Circuit, 13−12778−F
Cause: 15:0078m(a) Securities Exchange Act
Plaintiff
Securities and Exchange Commission

Date Filed: 01/21/2009
Jury Demand: None
Nature of Suit: 850
Securities/Commodities
Jurisdiction: U.S. Government Plaintiff

represented by Andre J. Zamorano
Securities &Exchange Commission
Suite 1800
801 Brickell Ave
Miami, FL 33131
305/982−6324
Fax: 305/536−4146
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Robert K. Levenson
Securities &Exchange Commission
Suite 1800
801 Brickell Ave
Miami, FL 33131
305/982−6300
Fax: 305/536−4154
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Scott A. Masel
Securities &Exchange Commission
Miami Branch Office, SERO
801 Brickell Ave., Suite 1800
Miami, FL 33131
305/982−6398
Fax: 305/536−4154
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Anita M. Cream

1

US Attorney's Office − FLM
Suite 3200
400 N Tampa St
Tampa, FL 33602
813/274−6000
Fax: 813/274−6220
Email: [e-mail]
TERMINATED: 03/05/2012
ATTORNEY TO BE NOTICED

V.
Intervenor Plaintiff
Bruce Bell
TERMINATED: 03/20/2009

represented by Morgan R. Bentley
Bentley &Bruning, PA
Suite 220
783 S Orange Ave
Sarasota, FL 34236
941−556−9030
Fax: 941/312−5316
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor Plaintiff
Carri Bell
TERMINATED: 03/20/2009

represented by Morgan R. Bentley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor Plaintiff
Beatrice Bienaime
TERMINATED: 03/20/2009

represented by Morgan R. Bentley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor Plaintiff
Jean−Jacques Bienaime
TERMINATED: 03/20/2009

represented by Morgan R. Bentley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor Plaintiff
Charles Daukas
TERMINATED: 03/20/2009

represented by Morgan R. Bentley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor Plaintiff

2

Angela Daukas
TERMINATED: 03/20/2009

represented by Morgan R. Bentley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor Plaintiff
Worth Helms
TERMINATED: 03/20/2009

represented by Morgan R. Bentley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor Plaintiff
Harvey Hinrichs
TERMINATED: 03/20/2009

represented by Morgan R. Bentley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor Plaintiff
Bettye Hinrichs
TERMINATED: 03/20/2009

represented by Morgan R. Bentley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor Plaintiff
David Ingalls
TERMINATED: 03/20/2009

represented by Morgan R. Bentley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor Plaintiff
Harold Johnson
TERMINATED: 03/20/2009

represented by Morgan R. Bentley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor Plaintiff
Krista Toomre
TERMINATED: 03/20/2009

represented by Morgan R. Bentley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor Plaintiff
Barrant Merrill
TERMINATED: 03/20/2009

represented by Morgan R. Bentley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor Plaintiff

3

Adams Moore
TERMINATED: 03/20/2009

represented by Morgan R. Bentley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor Plaintiff
Patrick Peavy
TERMINATED: 03/20/2009

represented by Morgan R. Bentley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor Plaintiff
Donna Pickard
TERMINATED: 03/20/2009

represented by Morgan R. Bentley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor Plaintiff
Louis Paolino
TERMINATED: 03/20/2009

represented by Morgan R. Bentley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor Plaintiff
Ronald Rennick
TERMINATED: 03/20/2009

represented by Morgan R. Bentley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor Plaintiff
Scott Shumway
TERMINATED: 03/20/2009

represented by Morgan R. Bentley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor Plaintiff
Celt, Inc.
TERMINATED: 03/20/2009

represented by Morgan R. Bentley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor Plaintiff
Lineberger &Co., LLC
TERMINATED: 03/20/2009

represented by Morgan R. Bentley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor Plaintiff

4

Robert Wilkes
TERMINATED: 03/20/2009

represented by Morgan R. Bentley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Arthur Nadel
50690−018
FCI Butner Low
P.O. Box 999
Butner, NC 27509

represented by Todd Alan Foster
Todd Foster, PLLC
1881 W Kennedy Blvd
Tampa, FL 33606
813−229−7373
Fax: 813−280−9981
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Scoop Capital, LLC
Defendant
Scoop Management, Inc.
Defendant
Scoop Real Estate, L.P.
Defendant
Valhalla Investment Partners, L.P.
Defendant
Valhalla Management, Inc.
Defendant
Victory IRA Fund, Ltd.
Defendant
Victory Fund, Ltd.
Defendant
Viking IRA Fund, LLC
Defendant
Viking Fund, LLC
Defendant
Viking Management, LLC

5

Defendant
E. John Lopez
TERMINATED: 08/31/2010

represented by John William Chapman , Jr.
The John Chapman Law Firm, PA
Suite 870
1515 Ringling Blvd
Sarasota, FL 34236
941/350−3172
Email: [e-mail]
TERMINATED: 08/31/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Carrelage Multi−Strategy Offshore
Fund, Ltd.

represented by David A. Holmes
Farr, Emerich, Hackett &Carr, PA
99 Nesbit St
Punta Gorda, FL 33950
941/639−1158
Fax: 941/639−0028
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Wells Fargo Bank, N.A., as successor
by merger to Wachovia Bank, N.A.

represented by Ana T. Barnett
Stearns, Weaver, Miller, Weissler,
Alhadeff &Sitterson, PA
Suite 2200
150 W Flagler St
Miami, FL 33130
305/789−3514
Fax: 305/789−3395
Email: [e-mail]
TERMINATED: 01/02/2014
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Julie Fishman Berkowitz
Stearns, Weaver, Miller, Weissler,
Alhadeff &Sitterson, PA
Suite 2200
150 W Flagler St
Miami, FL 33130
305/789−3353
Fax: 305/789−2698
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant

6

Kelvin V. Lee
2287 Springs Landing Blvd.
Longwood, FL 32779
Trustee, Nancy E. Lee Trust.
Defendant
Marty Huppert
Defendant
Anne Nadel−Walbridge

represented by Matthew P. Farmer
Farmer &Fitzgerald, PA
Suite 501
102 W Whiting St
Tampa, FL 33602
813/228−0095
Fax: 813−224−0269
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Choice Direct Mail, Inc.
formerly known as
Carnegie Marketing Associates, Inc.

represented by George R. McLain
Metcalfe McLain, PA
Suite 210
107 S Osprey Ave
Sarasota, FL 34236
941/365−4174
Fax: 941/366−4741
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Branch Banking &Trust Co. Successor
to Colonial Bank NA
c/o David Garbett
Garbett Stiphany et al.
80 SW 8th St., Ste. 3100
Miami, FL 33130
305−536−8861
Secured Creditor

represented by David Stuart Garbett
Garbett, Stiphany, Allen &Roza, PA
Suite 3100
80 SW 8th St
Miami, FL 33130
305/579−0012
Fax: 305/579−4722
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Respondent
City of Venice

represented by Mark David Hildreth
Shumaker, Loop &Kendrick, LLP

7

240 S Pineapple Ave − 10th Flr
PO Box 49948
Sarasota, FL 34230−6948
941/364−2747
Fax: 941/366−3999
Email: mhildreth@slk−law.com
TERMINATED: 12/07/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Interpleader
Ty Hardin

represented by George R. McLain
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Claimant
Elendow LLC

represented by Joshua A. Bleil
The Ticktin Law Group, PA
Suite 220
600 W Hillsboro Blvd
Deerfield Beach, FL 33441
954/570−6757
Fax: 954/570−6760
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor
General Electric Capital Corporation
TERMINATED: 02/12/2009

represented by Arthur Christopher Kasten , II
Bush Ross, PA
1801 N Highland Ave
PO Box 3913
Tampa, FL 33601
813/224−9255
Fax: 813−223−9620
Email: [e-mail]
TERMINATED: 05/01/2012
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor
VFS Financing, Inc.
TERMINATED: 02/12/2009

represented by Arthur Christopher Kasten , II
(See above for address)
TERMINATED: 05/01/2012
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

8

Intervenor
William F Bishop
TERMINATED: 09/24/2009

represented by James L. Essenson
Law Firm of James L. Essenson
2071 Main St
Sarasota, FL 34237
941/954−0303
Fax: 941/951−7739
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Interested Party
LandMark Bank of Florida

represented by J. Thomas Cardwell
J. Thomas Cardwell
1516 W Ivanhoe Blvd
Orlando, FL 32804
407/423−4000
Fax: 407/843−6610
Email: [e-mail]
TERMINATED: 09/21/2009
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Kathryn B. Hoeck
Akerman Senterfitt, LLP − Orlando
420 S Orange Ave − Ste 1200
PO Box 231
Orlando, FL 32802−0231
407/423−4000
Fax: 407/843−6610
Email: [e-mail]
TERMINATED: 05/16/2012
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael A. Nardella
Burr &Forman, LLP
Suite 800
200 S Orange Ave
Orlando, FL 32801
407/540−6600
Fax: 407/540−6601
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Thomas R. Yaegers
Akerman Senterfitt

9

420 S Orange Ave − Ste 1200
PO Box 231
Orlando, FL 32802
407/419−8489
Fax: 407/254−4215
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Interested Party
Wells Fargo Bank, N.A.
Creditor

represented by Ana T. Barnett
(See above for address)
TERMINATED: 01/02/2014
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Louis Joseph Shaheen , Jr.
Akerman Senterfitt
Suite 1700
401 E Jackson St
Tampa, FL 33602−5803
813−209−5016
Fax: 813−223−2837
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Steven R. Wirth
Akerman LLP − Tampa
401 E Jackson St Ste 1700
Tampa, FL 33602−5250
813/223−7333
Fax: 813/223−2837
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Interested Party
Fulcrum Distressed Opportunities
Fund I, LP

represented by Kevin Michael Eckhardt
Hunton &Williams, LLP
Suite 3500
101 S Tryon St
Charlotte, NC 28280
704/378−4729
Fax: 704/378−4890
Email: [e-mail]
TERMINATED: 04/10/2015
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Interested Party

10

YMCA Foundation of Sarasota, Inc.

represented by Carol Ann Kalish
Williams, Parker, Harrison, Dietz &Getzen
200 S Orange Ave
Sarasota, FL 34236
941/366−4800
Fax: 941/954−3172
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Interested Party
Vernon M. Lee

represented by Vernon M. Lee
4018 Via Mirada
Sarasota, FL 34238
941/321−6956
PRO SE
Paul B. Thanasides
McIntyre Thanasides Bringgold Elliott
Grimaldi &Guito, PA
501 E Kennedy Blvd Ste 1900
Tampa, FL 33602−5238
813/899−6059
Fax: 813/899−6069
Email: [e-mail]
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Lorien Smith Johnson
McIntyre Thanasides Bringgold Elliott
Grimaldi &Guito, PA
501 E Kennedy Blvd Ste 1900
Tampa, FL 33602−5238
813/899−6059
Fax: 813/899−6069
Email: [e-mail]
TERMINATED: 11/13/2013
ATTORNEY TO BE NOTICED

Interested Party
Brian L. Meeker

represented by Lorien Smith Johnson
(See above for address)
TERMINATED: 11/13/2013
LEAD ATTORNEY
Paul B. Thanasides
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

11

Interested Party
Samuel Ross Morgan III
Interested Party
Goldman Sachs Execution &Clearing,
L.P.

represented by Eric A. Bensky
Schulte Roth &Zabel LLP
1152 Fifteenth St., NW, Suite 850
Washington, DC 20005
202/729−7470
Email: [e-mail]
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Howard Schiffman
Schulte Roth &Zabel LLP
1152 Fifteenth St., NW, Suite 850
Washington, DC 20005
202/729−7470
Email: [e-mail]
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Janelle Alicia Weber
Shutts &Bowen, LLP
4301 W Boy Scout Blvd Ste 300
Tampa, FL 33607
813−229−8900
Fax: 813−229−8901
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Interested Party
Wiand Guerra King P.L.

represented by Patrick Joseph McNamara
De La Parte &Gilbert, PA
Suite 2000
101 E Kennedy Blvd
Tampa, FL 33602
813/229−2775
Fax: 813/229−2712
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Interested Party
Emelie Zack

represented by Emelie Zack
13900 Long Lake Lane
Port Charlotte, Fl 33953

12

PRO SE
Interested Party
World Opportunity Fund, L.P.

represented by James E. Connelly
Womble, Carlyle, Sandridge &Rice, LLP
Suite 2400
271 Seventeenth St NW
Atlanta, GA 30363−1017
404/815−3500
Fax: 404/815−3509
Email: [e-mail]
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mark A Rogers
Womble, Carlyle, Sandridge &Rice, LLP
Suite 2400
271 Seventeenth St NW
Atlanta, GA 30363−1017
404/872−7000
Fax: 404/879−2425
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Frederick Stewart Schrils
GrayRobinson, PA
401 E. Jackson Street, Suite 2700
Tampa, FL 33602
813/273−5000
Fax: 813/273−5145
Email: frederick.schrils@gray−robinson.com
ATTORNEY TO BE NOTICED

Interested Party
Peter Roby

represented by Jeffrey Wayne Warren
Bush Ross, PA
1801 N Highland Ave
PO Box 3913
Tampa, FL 33602
813/224−9255
Fax: 813/223−9620
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Interested Party
Katherine Roby

represented by Jeffrey Wayne Warren
(See above for address)
LEAD ATTORNEY

13

ATTORNEY TO BE NOTICED
Interested Party
Charles A. Hailey

represented by Jeffrey Wayne Warren
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Interested Party
Gregg Weinberg

represented by Jeffrey Wayne Warren
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Interested Party
Louis Wang

represented by Jeffrey Wayne Warren
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Interested Party
John D. Whitlock

represented by Jeffrey Wayne Warren
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Interested Party
Rodney Nigel Turner

represented by Jeffrey Wayne Warren
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Interested Party
W.W. Whitlock Foundation

represented by Jeffrey Wayne Warren
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Interested Party
Paul Swenson

represented by Jeffrey Wayne Warren
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Interested Party
Harvey A. Gilbert

represented by Jeffrey Wayne Warren
(See above for address)
LEAD ATTORNEY

14

ATTORNEY TO BE NOTICED
Interested Party
Deanne E. Gilbert

represented by Jeffrey Wayne Warren
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Interested Party
Thomas Luck

represented by Jeffrey Wayne Warren
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Interested Party
Mark Munson

represented by Jeffrey Wayne Warren
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Interested Party
Melinda Munson

represented by Jeffrey Wayne Warren
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Interested Party
Munson Family Partners, Ltd.

represented by Jeffrey Wayne Warren
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Interested Party
Richard Formica

represented by Chris A. Barker
Barker, Rodems &Cook, PA
Suite 790
501 E Kennedy Blvd
Tampa, FL 33602
813/489−1001
Fax: 813/489−1008
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Interested Party
Marilynn Formica

represented by Chris A. Barker
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

15

Interested Party
Ami Marie Formica

represented by Chris A. Barker
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Interested Party
Matthew Francis Formica

represented by Chris A. Barker
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Interested Party
Kevin Francis Formica

represented by Chris A. Barker
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Interested Party
Van Operating, Ltd.
c/o Roberta A. Colton, Esq.
Trenam Kemker
P.O. Box 1102
Tampa, FL 33602
813−223−7474

represented by Gregory M. Wilkes
Norton Rose Fulbright US, LLP
Ste 2800
2200 Ross Ave
Dallas, TX 75201−2784
214/855−8000
Fax: 214/855−8200
Email: [e-mail]
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mark A. Platt
Norton Rose Fulbright US, LLP
Ste 2800
2200 Ross Ave
Dallas, TX 75201−2784
214−932−6433
Fax: 214−273−7485
Email: [e-mail]
TERMINATED: 11/12/2014
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Roberta A. Colton
Trenam Kemker
Suite 2700
101 E Kennedy Blvd
Tampa, FL 33602−5150
813/227−7486
Fax: 813/229−6553

16

Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Interested Party
Chester Vincentz

represented by Chester Vincentz
6500 Lakeview Drive
Falls Church, VA 22041
(703) 256−5435
PRO SE

Mediator
Howard Tescher
Receiver
Burton W. Wiand

represented by Carl Richard Nelson
Buchanan Ingersoll &Rooney, PC
501 E Kennedy Blvd Ste 1700
Tampa, FL 33602−5239
813/228−7411 ext: 1108
Fax: 813/229−8313
Email: [e-mail]
TERMINATED: 04/08/2010
LEAD ATTORNEY
Donald R. Kirk
Carlton Fields Jorden Burt, PA
4221 W Boy Scout Blvd Ste 1000
PO Box 3239
Tampa, FL 33601−3239
813−229−4334
Email: [e-mail]
TERMINATED: 12/03/2009
LEAD ATTORNEY
Gianluca Morello
Wiand Guerra King, PL
5505 W Gray St
Tampa, FL 33609
813−347−5100
Fax: 813−347−5155
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jonathan Betten Cohen
James, Hoyer, Newcomer &Smiljanich, PA
Suite 550
4830 W Kennedy Blvd
Tampa, FL 33609
813/397−2300

17

Fax: 813/397−2310
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Maya M. Lockwood
Wiand Guerra King, PL
5505 W Gray St
Tampa, FL 33609
813−347−5100
Fax: 813−347−5198
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Megan Elizabeth Davis
James, Hoyer, Newcomer &Smiljanich, PA
Suite 550
4830 W Kennedy Blvd
Tampa, FL 33609
813/286−4100
Fax: 813/286−4174
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sean P. Keefe
James, Hoyer, Newcomer &Smiljanich, PA
Suite 550
4830 W Kennedy Blvd
Tampa, FL 33609
813/397−2300
Fax: 813/397−2310
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Terry Alan Smiljanich
James, Hoyer, Newcomer &Smiljanich, PA
Suite 550
4830 W Kennedy Blvd
Tampa, FL 33609
813/397−2300
Fax: 813/397−2310
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ashley Bruce Trehan
Buchanan Ingersoll &Rooney, PC
501 E Kennedy Blvd Ste 1700
Tampa, FL 33602−5239

18

813−222−2083
Fax: 813−229−8313
Email: [e-mail]
TERMINATED: 04/08/2010
Michael S. Lamont
Wiand Guerra King P.L.
3000 Bayport Drive, Suite 600
Tampa, FL 33607
(813) 347−5100
Fax: (813) 347−5157
Email: [e-mail]
ATTORNEY TO BE NOTICED

V.
Movant
R. Craig Harrison

represented by R. Craig Harrison
Lyons, Beaudry &Harrison, PA
Suite 1111
1605 Main St
Sarasota, FL 34236
941−366−3282
Fax: 941−954−1484
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Movant
Gary Musser
TERMINATED: 05/14/2009
Movant
Earl Niemoth
TERMINATED: 11/13/2009
Movant
Thomas J. Neff
TERMINATED: 11/13/2009
Movant
Donald H. Rowe
TERMINATED: 12/13/2010

represented by Donald H. Rowe
Carnegie Asset Management, Inc.
Wall Street Digest, Inc.
1350 Main Street
Sarasota, FL 34236−5642
PRO SE
Anne−Leigh Gaylord Moe

19

Bush Ross, PA
1801 N Highland Ave
PO Box 3913
Tampa, FL 33601
813/224−9255
Fax: 813/223−9620
Email: [e-mail]
TERMINATED: 12/13/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Edward O. Savitz
Bush Ross, PA
1801 N Highland Ave
PO Box 3913
Tampa, FL 33601
813/224−9255
Fax: 813/223−9620
Email: [e-mail]
TERMINATED: 12/13/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Karen Schmid Cox
Bush Ross, PA
1801 N Highland Ave
PO Box 3913
Tampa, FL 33601−3913
813/224−9255
Fax: 813/223−9620
Email: [e-mail]
TERMINATED: 12/13/2010
ATTORNEY TO BE NOTICED
Movant
Norton Hammersley Lopez &Skokos

represented by John William Chapman , Jr.
(See above for address)
TERMINATED: 08/31/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Movant
IBERIABANK

represented by Traci H. Rollins
Squire Sanders (US), LLP
1900 Phillips Point W
777 S Flagler Dr
West Palm Beach, FL 33401−6198
561/650−7256
Fax: 561/655−1509
Email: [e-mail]
TERMINATED: 09/15/2010

20

LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Movant
Managed Capital, LLC

represented by Gregory P. Brown
Hill Ward Henderson, PA
101 E Kennedy Blvd − Ste 3700
PO Box 2231
Tampa, FL 33602−5195
813/221−3900
Fax: 813/221−2900
Email: [e-mail]
TERMINATED: 11/01/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Movant
Marguerite J. Nadel
TERMINATED: 09/08/2010

represented by Marguerite J. Nadel
3966 Country View Dr.
Sarasota, FL 34233
941/927−3830
PRO SE

Movant
Richard T. Williams

represented by Jason T. Gaskill
Adams &Reese, LLP
Suite 700
1515 Ringling Blvd
Sarasota, FL 34236
941/316−7600
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Movant
Barbara Meeker
3105 Deepwater Lane
Maumee, OH 43537
Movant
Kelvin V. Lee
2287 Springs Landing Blvd.
Longwood, FL 32779
Movant
Diane Pezick
110 Piedmont Circle
Maryville, TN 37803

21

Movant
Tyna Gaylor
11811 Lakewood Lane
Fairfax Station, VA 22039
Movant
Quest Energy Management Group,
Inc.
c/o Jeff Downey, COO
64 S. Jacobs St.
Albany, TX 76430
325/762−3281

represented by James E. Felman
Kynes, Markman &Felman, P.A.
100 S Ashley Dr − Ste 1300
PO Box 3396
Tampa, FL 33601−3396
813/229−1118
Fax: 813/221−6750
Email: JFelman@kmf−law.com
TERMINATED: 04/29/2013
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John Austin Rine
Lewis, Brisbois, Bisgaard &Smith,
LLP−Tampa
Suite 200
3812 Coconut Palm Dr
Tampa, FL 33619
813/739−1900
Fax: 813−739−1919
Email: [e-mail]
TERMINATED: 10/22/2014
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Katherine Earle Yanes
Kynes, Markman &Felman, P.A.
100 S Ashley Dr − Ste 1300
PO Box 3396
Tampa, FL 33601−3396
813/229−1118
Fax: 813−221−6750
Email: KYanes@kmf−law.com
TERMINATED: 04/29/2013
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Movant
Jeff Downey
TERMINATED: 09/04/2013

represented by John Austin Rine
(See above for address)
TERMINATED: 10/22/2014
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Movant

22

Paul Downey
TERMINATED: 09/04/2013

represented by John Austin Rine
(See above for address)
TERMINATED: 10/22/2014
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Movant
First National Bank of
Albany/Breckenridge

represented by First National Bank of
Albany/Breckenridge
c/o Colton Johnson
P.O. Box 2169
Albany, TX 76430
PRO SE
Raymond John Rotella
Kosto &Rotella, PA
619 E Washington St
PO Box 113
Orlando, FL 32802−0113
407/425−3456
Fax: 407/423−5498
Email: [e-mail]
TERMINATED: 04/10/2014
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Movant
United States Internal Revenue Service

Date Filed

#

Page

represented by Lacy R. Harwell , Jr.
US Attorney's Office − FLM
Suite 3200
400 N Tampa St
Tampa, FL 33602
813/274−6000
Fax: 813/274−6200
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Docket Text

01/21/2009

1

COMPLAINT for injunctive and other relief against
Victory IRA Fund, Ltd., Victory Fund, Ltd., Viking
IRA Fund, LLC, Viking Fund, LLC, Viking
Management, LLC, Arthur Nadel, Scoop Capital,
LLC, Scoop Management, Inc., Scoop Real Estate,
L.P., Valhalla Investment Partners, L.P., Valhalla
Management, Inc. filed by Securities and Exchange
Commission.(JLH) (Entered: 01/21/2009)

01/21/2009

2

EMERGENCY MOTION with memorandum in
supportfor temporary restraining order and other

23

emergency relief by Securities and Exchange
Commission. (JLH) (Additional attachment(s) added
on 1/30/2009: # 1 INDEX, # 2 Tab 1, # 3 Tab 1A, #
4 Tab 1−B, # 5 Tab 1−c, # 6 Tab 1−D, # 7 Tab 1−e,
# 8 Tab 1−F, # 9 Tab 1−G, # 10 Tab 1−H, # 11 Tab
1−I, # 12 Tab 1−J, # 13 Index, # 14 Tab 1−K, # 15
Tab 1−L, # 16 Tab 1−M, # 17 Tab 1−N, # 18 Tab
1−O, # 19 Tab 2, # 20 Tab 3, # 21 Tab 4, # 22 Tab
5, # 23 Tab 6, # 24 Tab 7, # 25 Tab 8) (JLH).
(Entered: 01/21/2009)
01/21/2009

3

NOTICE of filing consents to entry of order by
Securities and Exchange Commission re 2
MOTION for temporary restraining order (JLH)
(Entered: 01/21/2009)

01/21/2009

4

DECLARATION of Chedly C. Dumornay re 2
MOTION for temporary restraining order by
Securities and Exchange Commission. (JLH)
(Entered: 01/21/2009)

01/21/2009

5

Summons issued as to Arthur Nadel. (JLH)
(Entered: 01/21/2009)

01/21/2009

6

EMERGENCY MOTION to appoint receiver with
memorandum in support by Securities and
Exchange Commission. (JLH) (Entered:
01/21/2009)

01/21/2009

7

ORDER of preliminary injunction and other relief as
to defendants Scoop Capital, LLC and Scoop
Management and all other relief defendants (see
order for further details) Signed by Judge Richard
A. Lazzara on 1/21/2009. (JLH) (Entered:
01/21/2009)

01/21/2009

8

ORDER granting 6 Motion to appoint receiver.
Burton W. Wiand appointed (see order for further
details). Signed by Judge Richard A. Lazzara on
1/21/2009. (JLH) (Entered: 01/21/2009)

01/21/2009

9

ORDER granting 2 Motion for temporary
restraining order; Show cause hearing set for
February 4, 2009 at 9:30 a.m. before Judge Richard
A. Lazzara, Courtroom 15B (See order for further
details). Signed by Judge Richard A. Lazzara on
1/21/2009. (JLH) (Entered: 01/21/2009)

01/21/2009

10

NOTICE of Appearance by Carl Richard Nelson on
behalf of Burton W. Wiand (Nelson, Carl) (Entered:
01/21/2009)

01/21/2009

11

NOTICE of Appearance by Gianluca Morello on
behalf of Burton W. Wiand (Morello, Gianluca)
(Entered: 01/21/2009)

24

01/21/2009

12

NOTICE of Appearance by Ashley Bruce Trehan on
behalf of Burton W. Wiand (Trehan, Ashley)
(Entered: 01/21/2009)

01/22/2009

13

RELATED CASE ORDER AND NOTICE of
designation under Local Rule 3.05 − track 2. Notice
of pendency of other actions due by 2/2/2009.
Signed by Judge Richard A. Lazzara on 1/22/2009.
(MSS) (Entered: 01/22/2009)

01/23/2009

14

RETURN of service executed on January 21, 2009
by Securities and Exchange Commission as to
Arthur Nadel. (Masel, Scott) (Entered: 01/23/2009)

01/26/2009

15

Unopposed MOTION for miscellaneous relief,
specifically Expansion of Receivership to Include
Venice Jet Center, LLC, and Tradewind, LLC by
Burton W. Wiand. (Morello, Gianluca) (Entered:
01/26/2009)

01/26/2009

16

DECLARATION of Burton W. Wiand, as Receiver
re 15 Unopposed MOTION for miscellaneous relief,
specifically Expansion of Receivership to Include
Venice Jet Center, LLC, and Tradewind, LLC by
Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit
E)(Morello, Gianluca) (Entered: 01/26/2009)

01/27/2009

17

ORDER ATTACHED granting 15 Motion to
expand receivership. The receivership is expanded
to include the entities known as Venice Jet Center,
LLC, and Tradewind, LLC. These entities are
specifically included within the ambit of the Court's
Order Appointing Receiver. Signed by Judge
Richard A. Lazzara on 1/27/2009. (SKH) (Entered:
01/27/2009)

01/29/2009

18

AMENDED RELATED CASE ORDER AND
NOTICE of designation under Local Rule 3.05 −
track 2. Notice of pendency of other actions due by
2/2/2009. Signed by Judge Richard A. Lazzara on
1/29/2009. (Amended only as to the Case
number)(MSS) (Entered: 01/29/2009)

01/29/2009

19

Emergency MOTION for temporary restraining
order , Unopposed, by Burton W. Wiand. (Nelson,
Carl) (Entered: 01/29/2009)

01/30/2009

20

ORDER granting 19 Motion for temporary
restraining order. TEMPORARY RESTRAINING
ORDER is entered. Signed by Judge Richard A.
Lazzara on 1/30/2009. (MSS) (Entered: 01/30/2009)

01/30/2009

21

Unopposed MOTION for miscellaneous relief,
specifically for possession of funds in Colonial

25

Bank by Burton W. Wiand. (Nelson, Carl) (Entered:
01/30/2009)
01/30/2009

22

ORDER ATTACHED granting 21 Receiver's
Unopposed Motion for Possession of Funds in
Colonial Bank. Signed by Judge Richard A. Lazzara
on 1/30/2009. (DMB) (Entered: 01/30/2009)

02/02/2009

23

NOTICE of pendency of related cases re 18 Related
case order and notice of designation of track 2 per
Local Rule 1.04(d) by Burton W. Wiand. Related
case(s): yes (Nelson, Carl) (Entered: 02/02/2009)

02/02/2009

24

Unopposed MOTION to Approve Consent
Judgment and Notice of Filing the Consent of
Defendant Arthur Nadel to Entry of Preliminary
Injunction and Other Relief by Securities and
Exchange Commission. (Attachments: # 1 Consent
of Defendant Arthur Nadel to Order of Preliminary
Injunction and Other Relief)(Masel, Scott) (Entered:
02/02/2009)

02/02/2009

25

CERTIFICATE of interested persons and corporate
disclosure statement re 18 Related case order and
notice of designation of track 2 by Burton W.
Wiand. (Nelson, Carl) (Entered: 02/02/2009)

02/02/2009

26

NOTICE of pendency of related cases re 18 Related
case order and notice of designation of track 2 per
Local Rule 1.04(d) by Securities and Exchange
Commission. Related case(s): no (Masel, Scott)
(Entered: 02/02/2009)

02/02/2009

27

CERTIFICATE of interested persons and corporate
disclosure statement re 18 Related case order and
notice of designation of track 2 by Securities and
Exchange Commission. (Masel, Scott) (Entered:
02/02/2009)

02/02/2009

28

NOTICE by Burton W. Wiand re 22 Order on
Motion for Miscellaneous Relief NOTICE OF
DISPOSITION OF FUNDS (Nelson, Carl) (Entered:
02/02/2009)

02/03/2009

29

ORDER of Preliminary Injunction and other relief
as to Defendant Arthur Nadel and ORDER granting
24 Motion to Approve Consent Judgment. Signed
by Judge Richard A. Lazzara on 2/3/2009. (See
order) (MSS) (Entered: 02/03/2009)

02/03/2009

30

NOTICE canceling hearing on motion for
preliminary injunction scheduled for 2/4/2009.
(CCB) (Entered: 02/03/2009)

02/03/2009

31

ENDORSED ORDER for Andre J. Zamorano to

26

comply with the administrative procedures
regarding electronic filing. Pursuant to the USDC −
Middle District of Florida's Administrative
Procedures for Electronic Filing in Civil and
Criminal Cases, Section I(A) "... all documents filed
in civil and criminal cases in this District... shall be
filed electronically." Upon review of the file, the
Court finds that counsel set out above is not
registered with the Court's CM/ECF filing system.
Therefore, it is ORDERED AND ADJUDGED that
counsel listed shall register for CM/ECF, enter an
email address in their CM/ECF account, and
electronically file a notice of compliance with this
Court's Order within thirty (30) days. Failure to
comply with this Order as directed will result in
counsel being terminated from the docket sheet
without further notice. If the referenced attorney is
an out of state attorney who needs to apply to be
admitted pro hac vice in this case, the motion to
appear pro hac vice and designation of local counsel
(pursuant to Local Rule 2.02), the special admission
form and appropriate fee shall be submitted to the
Court before CM/ECF access will be granted.
Signed by Judge Richard A. Lazzara on 2/3/2009.
(SKH) (Entered: 02/03/2009)
02/03/2009

Sealed document. S−1 (JLH) (Entered: 02/04/2009)

02/04/2009

32

MOTION to intervene by General Electric Capital
Corporation, VFS Financing, Inc.. (Attachments: # 1
Exhibit A)(Kasten, Arthur) Motions referred to
Magistrate Judge Thomas B. McCoun III. (Entered:
02/04/2009)

02/05/2009

33

ORDER ATTACHED scheduling expedited hearing
on motion to intervene by General Electric Capital
and VFS Financing, Inc. Hearing scheduled 2/12/09
at 9:30 a.m. Plaintiff and the Receiver shall file
expedited responses on or before 2/10/09 to the
motion to intervene and the proposed emergency
motion to modify order appointing receiver. Signed
by Judge Richard A. Lazzara on 2/5/2009. (SKH)
(Entered: 02/05/2009)

02/05/2009

34

NOTICE OF HEARING on 32 Motion to Intervene:
Motion Hearing set for Thursday, February 12,
2009, at 9:30 a.m., in Courtroom 15B before Judge
Richard A. Lazzara. See Order at Dkt. 33 for details.
(SKH) (Entered: 02/05/2009)

02/05/2009

35

NOTICE of Appearance by Maya M. Lockwood on
behalf of Burton W. Wiand (Lockwood, Maya)
(Entered: 02/05/2009)

27

02/10/2009

36

Unopposed MOTION for miscellaneous relief,
specifically expansion of the receivership to include
Laurel Mountain Preserve, LLC, Laurel Preserve,
LLC, Laurel Mountain Preserve Homeowners
Association, Inc., and the Marguerite J. Nadel
Revocable Trust UAD 8/2/2007 by Burton W.
Wiand. (Morello, Gianluca) (Entered: 02/10/2009)

02/10/2009

37

DECLARATION of Receiver, Burton W. Wiand re
36 Unopposed MOTION for miscellaneous relief,
specifically expansion of the receivership to include
Laurel Mountain Preserve, LLC, Laurel Preserve,
LLC, Laurel Mountain Preserve Homeowners
Association, Inc., and the Marguerite J. Nadel
Revocable Trust UAD by Burton W. Wiand.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6,
# 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10
Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13
Exhibit 13, # 14 Exhibit 14)(Morello, Gianluca)
(Entered: 02/10/2009)

02/10/2009

38

RESPONSE in opposition re 32 MOTION to
intervene filed by Burton W. Wiand. (Nelson, Carl)
(Entered: 02/10/2009)

02/10/2009

39

RESPONSE in opposition re 32 MOTION to
intervene Receiver's Opposition to Emergency
Motion to Modify Order Appointing Receiver filed
by Burton W. Wiand. (Nelson, Carl) (Entered:
02/10/2009)

02/10/2009

40

DECLARATION of Receiver, Burton W. Wiand re
39 Response in opposition to motion by Burton W.
Wiand. (Nelson, Carl) (Entered: 02/10/2009)

02/10/2009

41

AFFIDAVIT of Roger Wright Jernigan re: 39
Response in opposition to motion in Support of
Opposition to Motion to Modify Order Appointing
Receiver by Burton W. Wiand. (Attachments: # 1
Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
D)(Nelson, Carl) (Entered: 02/10/2009)

02/10/2009

42

NOTICE of Appearance by Donald R. Kirk on
behalf of Burton W. Wiand (Kirk, Donald) (Entered:
02/10/2009)

02/10/2009

43

RESPONSE in opposition re 32 MOTION to
intervene and Proposed Motion to Modify
Receivership filed by Securities and Exchange
Commission. (Masel, Scott) (Entered: 02/10/2009)

02/11/2009

44

ORDER ATTACHED granting 36 Motion to
Expand the Scope of Receivership. Signed by Judge
Richard A. Lazzara on 2/11/2009. (SKH) (Entered:

28

02/11/2009)
02/11/2009

45

ORDER denying 32 Motion to Intervene. See
attached order for details. Hearing scheduled
2/12/09 at 9:30 a.m. is cancelled. Signed by Judge
Richard A. Lazzara on 2/11/2009. (SKH) (Entered:
02/11/2009)

02/11/2009

46

NOTICE canceling Motion to Intervene hearing
scheduled for 2/12/09 at 9:30 a.m. (SKH) (Entered:
02/11/2009)

02/17/2009

47

Unopposed MOTION for miscellaneous relief,
specifically Possession of Funds in SunTrust Bank
by Burton W. Wiand. (Nelson, Carl) (Entered:
02/17/2009)

02/17/2009

48

ORDER ATTACHED granting 47 Receiver's
Unopposed Motion for Possession of Funds in
Suntrust Bank. Signed by Judge Richard A. Lazzara
on 2/17/2009. (SKH) (Entered: 02/17/2009)

02/18/2009

49

NOTICE by Securities and Exchange Commission
of Compliance with Court's February 3, 2009 Order
(Zamorano, Andre) (Entered: 02/18/2009)

02/20/2009

50

STATUS REPORT by Securities and Exchange
Commission. (Masel, Scott) (Entered: 02/20/2009)

03/03/2009

51

Unopposed MOTION for miscellaneous relief,
specifically for Approval of Disposition of Leased
Vehicle (Maserati) by Burton W. Wiand. (Nelson,
Carl) (Entered: 03/03/2009)

03/03/2009

52

ORDER ATTACHED granting 51 Motion for
Approval of Disposition of Leased Vehicle. Signed
by Judge Richard A. Lazzara on 3/3/2009. (CCB)
(Entered: 03/03/2009)

03/04/2009

53

Emergency MOTION for protective order by R.
Craig Harrison. (Attachments: # 1 Exhibit, # 2 Main
Document Memorandum In Support of Motion for
Protective Order, # 3 Supplement General Summary
of Documents)(Harrison, R.) (Entered: 03/04/2009)

03/04/2009

54

NOTICE of Hearing on 53 Emergency Motion for
Protective Order set for Friday, 3/6/2009 at 08:30
AM in Courtroom 15 B before Judge Richard A.
Lazzara. (CCB) (Entered: 03/04/2009)

03/04/2009

55

ENDORSED ORDER directing Burton W. Wiand
to respond to 53 Emergency Motion for Protective
Order. Response due on or before Thursday
3/5/2009 at 5:00 p.m. Signed by Judge Richard A.
Lazzara on 3/4/2009. (CCB) (Entered: 03/04/2009)

29

03/05/2009

56

MEMORANDUM in opposition re 53 Motion for
protective order filed by Burton W. Wiand. (Trehan,
Ashley) (Entered: 03/05/2009)

03/05/2009

57

DECLARATION of Ashley Bruce Trehan re 56
Memorandum in opposition by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Warranty Deed, # 2
Exhibit B − Warranty Deed, # 3 Exhibit C −
Mortgage, # 4 Exhibit D − Verified Return of
Service (R. Craig Harrison))(Trehan, Ashley)
(Entered: 03/05/2009)

03/05/2009

58

MOTION for entry of clerk's default against Arthur
Nadel by Securities and Exchange Commission.
(Attachments: # 1 Text of Proposed Order)(Masel,
Scott) Motions referred to Magistrate Judge Thomas
B. McCoun III. (Entered: 03/05/2009)

03/06/2009

59

Minute Entry. Proceedings held before Judge
Richard A. Lazzara: Motion Hearing held on
3/6/2009 re 58 MOTION for entry of clerk's default
against Arthur Nadel filed by Securities and
Exchange Commission, 53 Emergency MOTION
for protective order filed by R. Craig Harrison.
Court Reporter: Claudia Spangler−Fry (MSS)
(Entered: 03/06/2009)

03/06/2009

60

ORDER following hearing held this day denying
without prejudice 53 Motion for protective order;
denying without prejudice 58 Motion for entry of
default. See attached order for details/deadlines.
Signed by Judge Richard A. Lazzara on 3/6/2009.
(SKH) (Entered: 03/06/2009)

03/06/2009

61

Unopposed MOTION for miscellaneous relief,
specifically Expansion of Receivership to include
Guy−Nadel Foundation, Inc. by Burton W. Wiand.
(Morello, Gianluca) (Entered: 03/06/2009)

03/06/2009

62

DECLARATION of Receiver Burton W. Wiand re
61 Unopposed MOTION for miscellaneous relief,
specifically Expansion of Receivership to include
Guy−Nadel Foundation, Inc. by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Articles of
Incorporation filed with Secretary of State, # 2
Exhibit B − Annual Reports filed with Secretary of
State, # 3 Exhibit C − 2006 Tax Return, # 4 Exhibit
D − General Warranty Deed, # 5 Exhibit E −
General Warranty Deed, # 6 Exhibit F − General
Warranty Deed)(Morello, Gianluca) (Entered:
03/06/2009)

03/06/2009

63

NOTICE of Limited Appearance by Todd Alan
Foster on behalf of Arthur Nadel (Foster, Todd)

30

(Entered: 03/06/2009)
03/06/2009

64

MOTION for miscellaneous relief, specifically
Delay Entry of Default and to Modify Asset Freeze
to Permit Payment of Reasonable Attorneys' Fees by
Arthur Nadel. (Foster, Todd) (Entered: 03/06/2009)

03/06/2009

65

Unopposed MOTION for miscellaneous relief,
specifically Approval of Disposition of Leased
Vehicle (Mercedes−Benz) by Burton W. Wiand.
(Nelson, Carl) (Entered: 03/06/2009)

03/09/2009

66

ORDER ATTACHED denying as moot 64 Motion
to Delay Entry of Default and denying for failure to
comply with 3.01(g) 64 Motion to Modify. Signed
by Judge Richard A. Lazzara on 3/9/2009. (CCB)
(Entered: 03/09/2009)

03/09/2009

67

ORDER ATTACHED granting 65 Motion for
Approval of Disposition of 2008 Mercedes Benz.
Signed by Judge Richard A. Lazzara on 3/9/2009.
(CCB) (Entered: 03/09/2009)

03/09/2009

68

ORDER ATTACHED granting 61 Motion to
Expand Scope of Receivership. Signed by Judge
Richard A. Lazzara on 3/9/2009. (CCB) (Entered:
03/09/2009)

03/10/2009

69

Amended MOTION for attorney fees by Arthur
Nadel. (Foster, Todd) (Entered: 03/10/2009)

03/10/2009

70

ENDORSED ORDER directing Securities and
Exchange Commission to respond to 69 Amended
Motion for Attorneys' Fee. Responses due on or
before 3/18/2009. Signed by Judge Richard A.
Lazzara on 3/10/2009. (SKH) (Entered: 03/10/2009)

03/10/2009

71

NOTICE OF HEARING on 69 Amended Motion
for Payment of Reasonable Attorneys' Fees: Motion
Hearing scheduled on Friday, March 20, 2009 at
1:30 p.m. in Courtroom 15B before Judge Richard
A. Lazzara. (SKH) (Entered: 03/10/2009)

03/11/2009

72

ORDER ATTACHED directing movant to submit
additional filings in accord with the attached order.
Signed by Judge Richard A. Lazzara on 3/11/2009.
(CCB) (JLH). (Entered: 03/11/2009)

03/12/2009

73

NOTICE by R. Craig Harrison of Intent to Produce
Documents Pursuant to Subpoena and Filing of
Privilege Log (Harrison, R.) (Entered: 03/12/2009)

03/13/2009

Mail returned as Undeliverable re: 60 Order on
motion for protective orderOrder on motion for
entry of default. Mail resent to Arthur Nadel with
register number. (JLH) (Entered: 03/13/2009)

31

03/13/2009

74

Supplemental MOTION for attorney fees by Arthur
Nadel. (Foster, Todd) (Entered: 03/13/2009)

03/16/2009

75

NOTICE OF RESCHEDULING HEARING AS TO
TIME ONLY: The Motion Hearing hearing
previously scheduled for 3/20/09 at 1:30 p.m. is
rescheduled. New scheduling date and time: Motion
Hearing set for 3/20/2009 at 11:00 a.m., Courtroom
15B, before Judge Richard A. Lazzara. (SKH)
(Entered: 03/16/2009)

03/16/2009

76

**MOTION TERMINATED; COUNSEL
CALLED, REFILED AT DOC 78** Fourth
MOTION for miscellaneous relief, specifically to
Expand the Scope of Receivership to include Lime
Avenue Enterprises, LLC, and A Victorian Garden
Florist, LLC by Burton W. Wiand. (Morello,
Gianluca) Modified on 3/17/2009 (JLH). (Entered:
03/16/2009)

03/16/2009

77

**DOC TERMINATED** TO BE REFILED**
COUNSEL NOTIFIED **DECLARATION of
Receiver Burton W. Wiand re 76 Fourth MOTION
for miscellaneous relief, specifically to Expand the
Scope of Receivership to include Lime Avenue
Enterprises, LLC, and A Victorian Garden Florist,
LLC by Burton W. Wiand. (Attachments: # 1
Exhibit A − Articles of Organization (Lime), # 2
Exhibit B − Annual Reports (Lime), # 3 Exhibit C −
2007 Tax Return, # 4 Exhibit D − Parcel Detail, # 5
Exhibit E − Warranty Deed, # 6 Exhibit F − Articles
of Organization and Amendment (Victorian
Garden), # 7 Exhibit G − Annual Reports (Victorian
Garden), # 8 Exhibit H − Fictitious Name
Registration (Victorian Garden), # 9 Exhibit I −
Balance Sheet (Lime))(Morello, Gianluca) Modified
on 3/17/2009 (JLH). (Entered: 03/16/2009)

03/16/2009

78

Fourth MOTION for miscellaneous relief,
specifically to Expand the Scope of Receivership to
include Lime Avenue Enterprises, LLC, and A
Victorian Garden Florist, LLC by Burton W. Wiand.
(Morello, Gianluca) (Entered: 03/16/2009)

03/17/2009

79

ORDER ATTACHED granting 78 Motion to
Expand Scope of Receivership. Signed by Judge
Richard A. Lazzara on 3/17/2009. (CCB) (Entered:
03/17/2009)

03/17/2009

80

DECLARATION of Receiver, Burton W. Wiand re
78 Fourth MOTION for miscellaneous relief,
specifically to Expand the Scope of Receivership to
include Lime Avenue Enterprises, LLC, and A
Victorian Garden Florist, LLC by Burton W. Wiand.

32

(Attachments: # 1 Exhibit A − Articles of
Organization (Lime), # 2 Exhibit B − Annual
Reports (Lime), # 3 Exhibit C − 2007 Tax Return, #
4 Exhibit D − Parcel Detail, # 5 Exhibit E −
Warranty Deed, # 6 Exhibit F − Articles of
Organization and Amendment (Victorian Garden), #
7 Exhibit G − Annual Reports (Victorian Garden), #
8 Exhibit H − Fictitious Name Registration
(Victorian Garden), # 9 Exhibit I − Balance Sheet
(Lime))(Morello, Gianluca) (Entered: 03/17/2009)
03/17/2009

81

AMENDED ORDER ATTACHED amending
docket 79. Signed by Judge Richard A. Lazzara on
3/17/2009. (CCB) (Entered: 03/17/2009)

03/17/2009

82

MOTION to intervene and Opposition to Motion to
Pay Attorney Fees Filed by Arthur Nadel and
Memorandum in Support of Motion to Intervene and
Opposition to Motion to Pay Attorney Fees by
Bruce Bell, Carri Bell, Beatrice Bienaime,
Jean−Jacques Bienaime, Charles Daukas, Angela
Daukas, Worth Helms, Harvey Hinrichs, Bettye
Hinrichs, David Ingalls, Harold Johnson, Krista
Toomre, Barrant Merrill, Adams Moore, Patrick
Peavy, Donna Pickard, Ronald Rennick, Scott
Shumway, Celt, Inc., Lineberger &Co., LLC, Robert
Wilkes. (Attachments: # 1 Exhibit 1, # 2 Exhibit
2)(Bentley, Morgan) Motions referred to Magistrate
Judge Thomas B. McCoun III. (Entered:
03/17/2009)

03/17/2009

83

ENDORSED ORDER directing an expedited
response to 82 Motion to Intervene and Opposition
to Motion to Pay Attorney Fees Filed by Arthur
Nadel and Memorandum in Support of Motion to
Intervene and Opposition to Motion to Pay Attorney
Fees. The expedited response shall be filed on or
before 12:00 noon on 3/19/09. Signed by Judge
Richard A. Lazzara on 3/17/2009. (DMB) (Entered:
03/17/2009)

03/18/2009

84

RESPONSE in opposition re 69 Amended
MOTION for attorney fees filed by Securities and
Exchange Commission. (Attachments: # 1 Exhibit 1,
Receiver's Declaration, # 2 Exhibit 2, Magistrate
Judge Johnson's Opinion, # 3 Exhibit 3, Judge
Ungaro−Benages' Opinion)(Masel, Scott) (Entered:
03/18/2009)

03/19/2009

85

RESPONSE in opposition re 82 MOTION to
intervene and Opposition to Motion to Pay Attorney
Fees Filed by Arthur Nadel and Memorandum in
Support of Motion to Intervene and Opposition to

33

Motion to Pay Attorney Fees filed by Securities and
Exchange Commission. (Masel, Scott) (Entered:
03/19/2009)
03/19/2009

86

RESPONSE to motion re 82 MOTION to intervene
and Opposition to Motion to Pay Attorney Fees
Filed by Arthur Nadel and Memorandum in Support
of Motion to Intervene and Opposition to Motion to
Pay Attorney Fees filed by Arthur Nadel. (Foster,
Todd) (Entered: 03/19/2009)

03/19/2009

87

Unopposed MOTION for miscellaneous relief,
specifically Approval of Disposition of Leased
Vehicle (Volkswagen) by Burton W. Wiand.
(Nelson, Carl) (Entered: 03/19/2009)

03/19/2009

88

ORDER ATTACHED denying 82 Motion to
Intervene. See order for details. Signed by Judge
Richard A. Lazzara on 3/19/2009. (SKH) (Entered:
03/19/2009)

03/19/2009

89

ORDER ATTACHED granting 87 Unopposed
Motion for Approval of Disposition of 2009
Volkswagen. Signed by Judge Richard A. Lazzara
on 3/19/2009. (CCB) (Entered: 03/19/2009)

03/20/2009

90

Minute Entry. Proceedings held before Judge
Richard A. Lazzara: Motion Hearing held on
3/20/2009 re 69 Amended MOTION for attorney
fees filed by Arthur Nadel. Court Reporter: Claudia
Spangler−Fry. (MSS) (Entered: 03/20/2009)

03/20/2009

91

ORDER ATTACHED denying 69 Motion for
attorney fees and addressing Defendant Nadel's due
process argument. Signed by Judge Richard A.
Lazzara on 3/20/2009. (SKH) (Entered: 03/20/2009)

03/23/2009

92

TRANSCRIPT of Motion Hearing held on 3/20/09
before Judge Richard A. Lazzara. Court Reporter
Claudia Spangler−Fry,Telephone number
813−301−5575. Transcript may be viewed at the
court public terminal or purchased through the Court
Reporter before the deadline for Release of
Transcript Restriction. After that date it may be
obtained through PACER or purchased through the
Court Reporter. Redaction Request due 4/13/2009,
Redacted Transcript Deadline set for 4/23/2009,
Release of Transcript Restriction set for 6/22/2009.
(CS) (Entered: 03/23/2009)

03/23/2009

93

NOTICE to counsel of filing of OFFICIAL
TRANSCRIPT. The parties have seven (7) calendar
days to file with the court a Notice of Intent to
Request Redaction of this transcript. If no such
Notice is filed, the transcript may be made remotely

34

electronically available to the public without
redaction after 90 calendar days. Any party needing
a copy of the transcript to review for redaction
purposes may purchase a copy from the court
reporter or view the document at the clerk's office
public terminal. Court Reporter: Claudia
Spangler−Fry (CS) (Entered: 03/23/2009)
03/23/2009

94

Unopposed MOTION for miscellaneous relief,
specifically Order relating to liquidation of personal
property by Burton W. Wiand. (Attachments: # 1
Exhibit A)(Morello, Gianluca) (Entered:
03/23/2009)

03/23/2009

95

First MOTION to extend time to Conduct Case
Management Meeting by Securities and Exchange
Commission. (Attachments: # 1 Text of Proposed
Order)(Masel, Scott) (Entered: 03/23/2009)

03/24/2009

96

ENDORSED ORDER granting 95 First MOTION
to extend time to Conduct Case Management
Meeting by Securities and Exchange Commission.
The Case Management Report shall be filed on or
before 5/4/09. Signed by Judge Richard A. Lazzara
on 3/24/2009. (DMB) (Entered: 03/24/2009)

03/24/2009

97

ORDER ATTACHED granting 94 the Motion to
Liquidate Certain Personal Property and granting
the Motion for Authorization to Liquidate Terms of
$5,000 or Less in Value Without Further Order of
the Court. See Order for complete details. Signed by
Judge Richard A. Lazzara on 3/24/2009. (DMB)
(Entered: 03/24/2009)

03/27/2009

98

Unopposed MOTION for miscellaneous relief,
specifically Order granting possession of and title to
the real property located in Fairview, NC by Burton
W. Wiand. (Morello, Gianluca) (Entered:
03/27/2009)

03/27/2009

99

DECLARATION of Receiver, Burton W. Wiand re
98 Unopposed MOTION for miscellaneous relief,
specifically Order granting possession of and title to
the real property located in Fairview, NC by Burton
W. Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit
B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6
Exhibit F, # 7 Exhibit G)(Morello, Gianluca)
(Entered: 03/27/2009)

03/30/2009

100

ORDER ATTACHED granting 98 Motion for
Possession of and Title to Real Property. Signed by
Judge Richard A. Lazzara on 3/30/2009. (CCB)
(Entered: 03/30/2009)

03/31/2009

101

35

ORDER directing defendant Nadel to file all future
pleadings with the Clerk of Court. The clerk is
directed to docket the Letter received as a
miscellaneous notice. Signed by Judge Richard A.
Lazzara on 3/31/2009. (JLH) (Entered: 03/31/2009)
03/31/2009

102

NOTICE receiving letter from defendant Arthur
Nadel dated 3/25/09 by Arthur Nadel (JLH)
(Entered: 03/31/2009)

04/03/2009

103

NOTICE by Burton W. Wiand of Filing the
Receiver's First Interim Report (Attachments: # 1
The Receiver's First Interim Report)(Nelson, Carl)
(Entered: 04/03/2009)

04/06/2009

104

ANSWER to 1 Complaint by Arthur Nadel.(JLH)
(Entered: 04/06/2009)

04/16/2009

105

MOTION to Approve Settlement by Burton W.
Wiand. (Attachments: # 1 Exhibit A)(Nelson, Carl)
(Entered: 04/16/2009)

04/17/2009

106

ORDER ATTACHED granting 105 Motion to
Approve Settlement between Receiver and Mr.
David Monte. Signed by Judge Richard A. Lazzara
on 4/17/2009. (CCB) (Entered: 04/17/2009)

04/17/2009

107

MOTION for miscellaneous relief, specifically
Approval of Disposition of Helicopter by Burton W.
Wiand. (Attachments: # 1 Exhibit A)(Nelson, Carl)
(Entered: 04/17/2009)

04/20/2009

108

ORDER ATTACHED granting 107 Motion for
Approval of Disposition of Helicopter. Signed by
Judge Richard A. Lazzara on 4/20/2009. (SKH)
(Entered: 04/20/2009)

04/22/2009

109

MOTION to Approve Settlement by Burton W.
Wiand. (Attachments: # 1 Exhibit A)(Nelson, Carl)
(Entered: 04/22/2009)

04/23/2009

110

ORDER ATTACHED granting 109 Motion to
Approve Settlement. Signed by Judge Richard A.
Lazzara on 4/23/2009. (SKH) (Entered: 04/23/2009)

04/23/2009

111

MOTION to strike 104 Answer to complaint Motion
to Strike Nadel's "Counterclaim" by Burton W.
Wiand. (Nelson, Carl) Motions referred to
Magistrate Judge Thomas B. McCoun III. (Entered:
04/23/2009)

04/24/2009

112

ENDORSED ORDER granting 111 Motion to
strike. Signed by Judge Richard A. Lazzara on
4/24/2009. (SKH) (Entered: 04/24/2009)

04/28/2009

113

36

MOTION to Approve Settlement re: Andrew Lesnik
by Burton W. Wiand. (Attachments: # 1 Exhibit
A)(Nelson, Carl) (Entered: 04/28/2009)
04/28/2009

114

ORDER ATTACHED granting 113 Receiver's
Motion to Approve Settlement. Signed by Judge
Richard A. Lazzara on 4/28/2009. (DMB) (Entered:
04/28/2009)

04/29/2009

115

MOTION for miscellaneous relief, specifically
Order allowing Cohen, Jayson and Foster, P.A. to
assign the Promissory Note and Mortgage for
Jefferson Pines Condominium to the Receiver by
Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Nelson,
Carl) (Entered: 04/29/2009)

04/30/2009

116

ORDER ATTACHED granting 115 Motion for
Possession of Note and Mortgage for Jefferson
Pines Condominium. Signed by Judge Richard A.
Lazzara on 4/30/2009. (CCB) (Entered: 04/30/2009)

04/30/2009

117

MOTION to Approve Settlement with GE Capital
Corporation and Fifth Third Bank regarding Learjet
31A by Burton W. Wiand. (Attachments: # 1
Settlement Agreement, # 2 Exhibit A − FAA Bill of
Sale, # 3 Exhibit B − Long form Bill of Sale, # 4
Exhibit C − Affidavit of Acceptance of Delivery, #
5 Exhibit D − Form of Lender's Release)(Nelson,
Carl) (Entered: 04/30/2009)

04/30/2009

118

MOTION to Approve Settlement with VFS
Financing, Inc. regarding Cessna 550 by Burton W.
Wiand. (Attachments: # 1 Settlement Agreement, #
2 Exhibit A − FAA Bill of Sale, # 3 Exhibit B −
Long form of Bill of Sale, # 4 Exhibit C − Affidavit
for Acceptance of Delivery, # 5 Exhibit D − Form of
Lender's Release)(Nelson, Carl) (Entered:
04/30/2009)

05/01/2009

119

ORDER ATTACHED granting [117 &118] Motions
to Approve Settlement with regard to Learjet 31A
and Cessna 550 owned by Tradewind LLC. Signed
by Judge Richard A. Lazzara on 5/1/2009. (CCB)
(Entered: 05/01/2009)

05/01/2009

120

First MOTION to extend time to File Case
Management Report by Securities and Exchange
Commission. (Masel, Scott) (Entered: 05/01/2009)

05/04/2009

121

ENDORSED ORDER granting 120 Motion to
Extend Time to File CMR up to and including
5/11/2009. Signed by Judge Richard A. Lazzara on
5/4/2009. (CCB) (Entered: 05/04/2009)

37

05/05/2009

122

MOTION to Approve Settlement re: the Gary L.
Musser and Irene H. Musser Family Trust by
Burton W. Wiand. (Attachments: # 1 Exhibit
A)(Nelson, Carl) (Entered: 05/05/2009)

05/05/2009

123

RESPONSE to motion re 122 MOTION to Approve
Settlement re: the Gary L. Musser and Irene H.
Musser Family Trust filed by Gary Musser. (RFM)
(Entered: 05/05/2009)

05/05/2009

124

ORDER ATTACHED denying 122 Motion to
Approve Settlement with Gary L. Musser and Irene
H. Musser Family Trust. Signed by Judge Richard
A. Lazzara on 5/5/2009. (CCB) (Entered:
05/05/2009)

05/07/2009

125

MOTION to Approve Settlement Receiver's
Renewed Motion to Approve Settlement re: the Gary
L. Musser and Irene H. Musser Family Trust by
Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2
Exhibit B)(Nelson, Carl) (Entered: 05/07/2009)

05/07/2009

126

ORDER granting 125 Motion to Approve
Settlement between the Receiver and the Gary L.
Musser and Irene H. Musser Family Trust. See order
for details. Signed by Judge Richard A. Lazzara on
5/7/2009. (SKH) (Entered: 05/07/2009)

05/11/2009

127

CASE MANAGEMENT REPORT. (Masel, Scott)
(Entered: 05/11/2009)

05/12/2009

128

CASE MANAGEMENT AND SCHEDULING
ORDER: Amended Pleadings due by 11/8/2009,
Joinder of Parties due by 11/8/2009, Discovery due
by 7/31/2010, Dispositive motions due by
10/31/2010, Pretrial statement due by 11/29/2010,
Plaintiff disclosure of expert report due by
6/16/2010, Defendant disclosure of expert report
due by 6/16/2010, Pretrial Conference set for
12/2/2010 at 10:00 AM in Tampa Courtroom 12 B
before Magistrate Judge Thomas B. McCoun III,
Bench Trial set for 1/3/2011 at 9:00 AM in Tampa
Courtroom 15 B before Judge Richard A. Lazzara.
Signed by Judge Richard A. Lazzara on 5/12/2009.
(MSS) (Entered: 05/12/2009)

05/13/2009

129

First MOTION for attorney fees for ORDER
AWARDING FEES, COSTS, AND
REIMBURSEMENT OF COSTS TO RECEIVER
AND HIS PROFESSIONALS by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Standardized Fund
Accounting Report, # 2 Exhibit B − Receiver's First
Interim Report, # 3 Exhibit C − Receiver's fees
through 02−28−09, # 4 Exhibit D − Home Front

38

Homes Litigation through 02−28−09, # 5 Exhibit E
− Categorization and summary of costs (Fowler
White) through 02−28−09, # 6 Exhibit F − Fee
Schedule, # 7 Exhibit G − Fowler White Fees
through 02−28−09, # 8 Exhibit H − PDR CPA bill
through 02−28−09, # 9 Exhibit I − Riverside bill
through 02−28−09, # 10 Exhibit J − E−Hounds bill
through 02−28−09, # 11 Exhibit K − Proposed
Order)(Nelson, Carl) (Entered: 05/13/2009)
05/14/2009

130

ORDER granting 129 Motion for attorney fees. (See
order for details) Signed by Judge Richard A.
Lazzara on 5/14/2009. (MSS) (Entered: 05/14/2009)

05/14/2009

131

Unopposed MOTION for leave to file Complaint
Pursuant to Title 14 CFR Part 16 by Burton W.
Wiand. (Nelson, Carl) (Entered: 05/14/2009)

05/14/2009

132

ORDER ATTACHED granting 131 Motion for
Leave to File Complaint against the City of Venice,
Florida with regard to Venice Jet Center, LLC.
Signed by Judge Richard A. Lazzara on 5/14/2009.
(CCB) (Entered: 05/14/2009)

05/14/2009

133

MOTION to Approve Settlement re: Philip and
Janice Day by Burton W. Wiand. (Attachments: # 1
Exhibit A − Settlement Agreement)(Nelson, Carl)
(Entered: 05/14/2009)

05/15/2009

134

ORDER ATTACHED granting 133 Motion to
Approve Settlement with Philip and Janice Day.
Signed by Judge Richard A. Lazzara on 5/15/2009.
(CCB) (Entered: 05/15/2009)

05/19/2009

135

MOTION to Approve Settlement re: Truman N.
Brooks by Burton W. Wiand. (Attachments: # 1
Exhibit A − Settlement Agreement, # 2 Exhibit B −
Promissory Note)(Nelson, Carl) (Entered:
05/19/2009)

05/20/2009

136

ENDORSED ORDER granting 135 Motion to
Approve Settlement with Truman N. Brooks. Signed
by Judge Richard A. Lazzara on 5/20/2009. (CCB)
(Entered: 05/20/2009)

05/22/2009

137

MOTION to Approve Settlement re: Victor and
Susan Trzeciak by Burton W. Wiand. (Attachments:
# 1 Exhibit A)(Nelson, Carl) (Entered: 05/22/2009)

05/22/2009

138

ORDER granting 137 Receiver's Motion to Approve
Settlement. Signed by Judge Richard A. Lazzara on
5/22/2009. (SKH) (Entered: 05/22/2009)

06/02/2009

139

MOTION for miscellaneous relief, specifically to
Reappoint Receiver by Burton W. Wiand.

39

(Attachments: # 1 Exhibit A − Proposed Order
Reappointing Receiver)(Nelson, Carl) (Entered:
06/02/2009)
06/03/2009

140

ORDER granting 139 Motion to Reappoint
Receiver. Signed by Judge Richard A. Lazzara on
6/3/2009. (SKH) (Entered: 06/03/2009)

06/09/2009

141

STATUS REPORT Receiver's Second Interim
Report by Burton W. Wiand. (Attachments: # 1
Exhibit A − Standardized Fund Accounting Report
March−April 2009)(Nelson, Carl) (Entered:
06/09/2009)

06/29/2009

142

MOTION to Approve Settlement re: Luis Perez by
Burton W. Wiand. (Attachments: # 1 Exhibit A −
Settlement Agreement)(Nelson, Carl) (Entered:
06/29/2009)

06/29/2009

143

ORDER ATTACHED granting 142 Receiver's
Motion to Approve Settlement. Signed by Judge
Richard A. Lazzara on 6/29/2009. (DMB) (Entered:
06/29/2009)

07/07/2009

144

Unopposed MOTION for miscellaneous relief,
specifically Order authorizing the transfer of title to
the '06 Subaru Legacy Outback to Venice Jet
Center, LLC by Burton W. Wiand. (Attachments: #
1 Exhibit A − Subaru Certificate of Title, # 2
Exhibit B − Nadel letter)(Nelson, Carl) (Entered:
07/07/2009)

07/07/2009

145

ORDER granting 144 Motion to Approve
Disposition of 2006 Subaru in accord with the
attached order. Signed by Judge Richard A. Lazzara
on 7/7/2009. (CCB) (Entered: 07/07/2009)

07/07/2009

146

Unopposed MOTION for miscellaneous relief,
specifically Order granting motion for possession of
and title to the real property located at 15576
Fruitville Rd. in Sarasota, Florida by Burton W.
Wiand. (Morello, Gianluca) (Entered: 07/07/2009)

07/07/2009

147

DECLARATION of Receiver, Burton W. Wiand re
146 Unopposed MOTION for miscellaneous relief,
specifically Order granting motion for possession of
and title to the real property located at 15576
Fruitville Rd. in Sarasota, Florida by Burton W.
Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B,
# 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6
Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit
I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, #
13 Exhibit M, # 14 Exhibit N)(Morello, Gianluca)
(Entered: 07/07/2009)

40

07/08/2009

148

ATTACHED ORDER granting 146 the Receiver's
Motion for Possession of and Title to the real
property located at 15576 Fruitville Road, Sarasota,
FL. Signed by Judge Richard A. Lazzara on
7/8/2009. (CCB) (Entered: 07/08/2009)

07/08/2009

149

MOTION to Approve Settlement re: Robert Bullock
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement with Durable
General Power of Attorney)(Nelson, Carl) (Entered:
07/08/2009)

07/08/2009

150

ORDER ATTACHED granting 149 Motion to
Approve Settlement between the Receiver and
Robert Bullock in the sum of $334,945.40. Signed
by Judge Richard A. Lazzara on 7/8/2009. (CCB)
(Entered: 07/08/2009)

07/14/2009

151

Fifth MOTION for miscellaneous relief, specifically
to Expand the Scope of Receivership to Include
Viking Oil &Gas, LLC by Burton W. Wiand.
(Nelson, Carl) (Entered: 07/14/2009)

07/14/2009

152

DECLARATION of Burton W. Wiand, Receiver re
151 Fifth MOTION for miscellaneous relief,
specifically to Expand the Scope of Receivership to
Include Viking Oil &Gas, LLC by Burton W.
Wiand. (Attachments: # 1 Exhibit A − Viking Oil
&Gas, LLC, Articles of Organization, # 2 Exhibit B
− Viking Oil &Gas, LLC, Annual Reports, # 3
Exhibit C − Quest Energy Management
Transactions)(Nelson, Carl) (Entered: 07/14/2009)

07/15/2009

153

ORDER ATTACHED granting 151 Motion to
Expand Scope of Receivership to include Viking Oil
&Gas LLC. Signed by Judge Richard A. Lazzara on
7/15/2009. (CCB) (Entered: 07/15/2009)

07/16/2009

154

Unopposed MOTION for miscellaneous relief,
specifically Order transferring all right, title, and
interest in certain shares and notes relating to
Bonds.com Group, Inc. by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Stock Certificates, #
2 Exhibit B − Promissory Notes)(Nelson, Carl)
(Entered: 07/16/2009)

07/20/2009

155

RESPONSE in opposition re 154 Unopposed
MOTION for miscellaneous relief, specifically
Order transferring all right, title, and interest in
certain shares and notes relating to Bonds.com
Group, Inc. filed by LandMark Bank of Florida.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Hoeck,
Kathryn) (Entered: 07/20/2009)

41

07/21/2009

156

MOTION to Approve Settlement re: The James A.
Carty Revocable Trust Dated 9/28/67 by Burton W.
Wiand. (Attachments: # 1 Exhibit A − Executed
Settlement Agreement)(Nelson, Carl) (Entered:
07/21/2009)

07/21/2009

157

NOTICE of Appearance by Kathryn B. Hoeck on
behalf of LandMark Bank of Florida (Hoeck,
Kathryn) (Entered: 07/21/2009)

07/21/2009

158

NOTICE of Appearance by J. Thomas Cardwell on
behalf of LandMark Bank of Florida (Cardwell, J.)
(Entered: 07/21/2009)

07/21/2009

159

ORDER granting 156 Motion to Approve
Settlement. See order for details. Signed by Judge
Richard A. Lazzara on 7/21/2009. (MSS) (Entered:
07/21/2009)

07/21/2009

160

Unopposed MOTION for leave to file Reply to
Non−Party's Objection to Receiver's Unopposed
Motion for Recovery of Assets by Burton W.
Wiand. (Nelson, Carl) (Entered: 07/21/2009)

07/21/2009

161

ENDORSED ORDER granting 160 Motion for
Leave to File Reply within ten (10) days from the
date of this order. Signed by Judge Richard A.
Lazzara on 7/21/2009. (CCB) (Entered: 07/21/2009)

07/23/2009

162

CORRESPONDENCE to the court from Peg Nadel
(MSS) (Entered: 07/23/2009)

07/23/2009

163

ENDORSED ORDER: The clerk is directed to send
a copy of the letter appearing at docket 162 to
Plaintiff's counsel and the Receiver's counsel.
Signed by Judge Richard A. Lazzara on 7/23/2009.
(CCB) (Entered: 07/23/2009)

07/27/2009

164

Unopposed MOTION for attorney fees SECOND
Interim Motion for Order Awarding Fees, Costs,
and Reimbursement of Costs by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Standardized Fund
Accounting Report, # 2 Exhibit B − Receiver's
Second Interim Report, # 3 Exhibit C − Receiver
(Receivership), # 4 Exhibit D − Receiver (Home
Front Homes), # 5 Exhibit E − Receiver (Carolina
Mountain Land Conservancy), # 6 Exhibit F −
Receiver (Recovery from Investors), # 7 Exhibit G −
Receiver (Recovery from Chris &Neil Moody), # 8
Exhibit H − Receiver (Recovery of Commissions), #
9 Exhibit I − Categorization and Summary of Costs
Incurred by Fowler White, # 10 Exhibit J − Fowler
White Fee Schedule, # 11 Exhibit K, part 1 of 2 −
Fowler White (Receivership), # 12 Exhibit K, part 2
of 2 − Fowler White (Receivership), # 13 Exhibit L

42

− Fowler White (Home Front Homes), # 14 Exhibit
M − Fowler White (Carolina Mountain Land
Conservancy), # 15 Exhibit N − Fowler White
(Recovery from Investors), # 16 Exhibit O − Fowler
White (Recovery from Chris &Neil Moody), # 17
Exhibit P − Fowler White (Recovery of
Commissions), # 18 Exhibit Q − PDR Certified
Public Accountants, # 19 Exhibit R − Riverside
Financial Group, # 20 Exhibit S − E−Hounds, Inc.,
# 21 Exhibit T − Proposed Order Granting
Motion)(Nelson, Carl) (Entered: 07/27/2009)
07/28/2009

165

ORDER granting 164 Motion for attorney fees. (See
order) Signed by Judge Richard A. Lazzara on
7/28/2009. (MSS) (Entered: 07/28/2009)

08/04/2009

166

REPLY to response to motion re 154 Unopposed
MOTION for miscellaneous relief, specifically
Order transferring all right, title, and interest in
certain shares and notes relating to Bonds.com
Group, Inc. filed by Burton W. Wiand. (Nelson,
Carl) (Entered: 08/04/2009)

08/04/2009

167

RESPONSE re 166 Reply to response to motion for
recovery of bonds.com assets filed by LandMark
Bank of Florida. (Hoeck, Kathryn) (Entered:
08/04/2009)

08/04/2009

168

AFFIDAVIT of Christopher D. Moody re: 154
Unopposed MOTION for miscellaneous relief,
specifically Order transferring all right, title, and
interest in certain shares and notes relating to
Bonds.com Group, Inc., 166 Reply to response to
motion by Burton W. Wiand. (Attachments: # 1
Exhibit A − Summary of Transactions, # 2 Exhibit
B − Bonds.com Stock, # 3 Exhibit C − Bonds.com
Notes, # 4 Exhibit D − Stock Pledge
Agreement)(Nelson, Carl) (Entered: 08/04/2009)

08/05/2009

169

ORDER ATTACHED granting 154 Receiver's
Motion to Recover Assets of 3,116,171 common
shares of stock in Bonds.com Group, Inc. and two
secured promissory notes made by Bonds.com
Group, Inc. Signed by Judge Richard A. Lazzara on
8/5/2009. (CCB) (Entered: 08/05/2009)

08/07/2009

170

Unopposed MOTION for miscellaneous relief,
specifically to Expand Receivership (to Include
Home Front Homes LLC) by Burton W. Wiand.
(Morello, Gianluca) (Entered: 08/07/2009)

08/07/2009

171

DECLARATION of Burton W. Wiand, as Receiver
re 170 Unopposed MOTION for miscellaneous
relief, specifically to Expand Receivership (to

43

Include Home Front Homes LLC) by Burton W.
Wiand. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, #
3 Exhibit 3)(Morello, Gianluca) (Entered:
08/07/2009)
08/10/2009

172

ORDER ATTACHED granting 170 Motion to
Expand Receivership to include Home Front Homes
LLC. Signed by Judge Richard A. Lazzara on
8/10/2009. (CCB) (Entered: 08/10/2009)

08/11/2009

173

CORRESPONDENCE to the Court from Arthur
Nadel (MSS) (Entered: 08/11/2009)

08/11/2009

174

Unopposed MOTION for miscellaneous relief,
specifically for Leave to Retain Counsel by Burton
W. Wiand. (Attachments: # 1 Exhibit A − Proposed
Agreement)(Nelson, Carl) (Entered: 08/11/2009)

08/12/2009

175

ORDER ATTACHED granting 174 Receiver's
Motion to Retain Counsel. Signed by Judge Richard
A. Lazzara on 8/12/2009. (CCB) (Entered:
08/12/2009)

08/17/2009

176

STATUS REPORT Receiver's Third Interim Report
(5/15/09 − 8/12/09) by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Standardized Fund
Accounting Report 5/1/09 − 6/30/09)(Nelson, Carl)
(Entered: 08/17/2009)

08/25/2009

177

MOTION for miscellaneous relief, specifically to
Enjoin State Court Proceedings and for Possession
of Jewelry by Burton W. Wiand. (Attachments: # 1
Exhibit 1 − Paolino complaint, # 2 Exhibit 2 −
Paolino order appointing receiver)(Nelson, Carl)
(Entered: 08/25/2009)

08/25/2009

178

AFFIDAVIT of Christopher D. Moody and Neil V.
Moody re: 177 MOTION for miscellaneous relief,
specifically to Enjoin State Court Proceedings and
for Possession of Jewelry by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Jewelry Inventory, #
2 Exhibit B − Transaction Summary, # 3 Exhibit C
− Stock Issuance Agreement, # 4 Exhibit D −
Transfer Agreement)(Nelson, Carl) (Entered:
08/25/2009)

08/26/2009

179

ORDER ATTACHED directing interested parties to
respond to Receiver's Motion to Enjoin State Court
Proceedings and for Possession of Jewelry.
Expedited responses due by 12:00 p.m. on 9/3/2009.
Receiver/Clerk: See special mailing instructions.
Signed by Judge Richard A. Lazzara on 8/26/2009.
(SKH) (Entered: 08/26/2009)

08/26/2009

180

44

NOTICE of Hearing on Motion 177 for
miscellaneous relief, specifically to Enjoin State
Court Proceedings and for Possession of Jewelry:
Motion Hearing set for Friday, September 4, 2009,
at 9:30 a.m., in Courtroom 15B before Judge
Richard A. Lazzara. (SKH) (Entered: 08/26/2009)
08/26/2009

181

RESPONSE in opposition re 177 MOTION for
miscellaneous relief, specifically to Enjoin State
Court Proceedings and for Possession of Jewelry
filed by Louis Paolino. (Bentley, Morgan) (Entered:
08/26/2009)

08/27/2009

182

Unopposed MOTION for leave to file Reply in
Support of Receiver's Motion to Enjoin State Court
Proceedings and for Possession of Jewelry by
Burton W. Wiand. (Nelson, Carl) (Entered:
08/27/2009)

08/27/2009

183

ORDER ATTACHED directing Receiver to reply
on or before 9/3/2009 and cancelling hearing on
9/4/2009. Signed by Judge Richard A. Lazzara on
8/27/2009. (CCB) (Entered: 08/27/2009)

08/27/2009

184

NOTICE cancelling hearing scheduled for 9/4/2009.
(CCB) (Entered: 08/27/2009)

08/27/2009

185

ENDORSED ORDER denying as moot 182 Motion
for Leave to File Reply. See docket 183. Signed by
Judge Richard A. Lazzara on 8/27/2009. (CCB)
(Entered: 08/27/2009)

09/03/2009

186

MOTION to Approve Settlement re: John Cart by
Burton W. Wiand. (Attachments: # 1 Exhibit A −
Settlement Agreement re John Cart)(Nelson, Carl)
(Entered: 09/03/2009)

09/03/2009

187

ORDER ATTACHED granting 186 Motion to
Approve Settlement. Signed by Judge Richard A.
Lazzara on 9/3/2009. (SKH) (Entered: 09/03/2009)

09/03/2009

188

REPLY to response to motion re 177 MOTION for
miscellaneous relief, specifically to Enjoin State
Court Proceedings and for Possession of Jewelry
filed by Burton W. Wiand. (Nelson, Carl) (Entered:
09/03/2009)

09/03/2009

189

NOTICE by Burton W. Wiand of Filing 9/2/09
Correspondence to Judge Koeltl (Attachments: # 1
Exhibit Letter to Judge Koeltl)(Morello, Gianluca)
(Entered: 09/03/2009)

09/03/2009

190

ORDER ATTACHED granting 177 Motion to
Enjoin State Court Proceeding and to Transfer
Property. Signed by Judge Richard A. Lazzara on

45

9/3/2009. (CCB) (Entered: 09/03/2009)
09/04/2009

191

MOTION for reconsideration re 190 Order on
Motion for Miscellaneous Relief and Clarification
by Louis Paolino. (Bentley, Morgan) (Entered:
09/04/2009)

09/08/2009

192

ORDER ATTACHED denying 191 Motion for
Reconsideration. Signed by Judge Richard A.
Lazzara on 9/8/2009. (CCB) (Entered: 09/08/2009)

09/11/2009

193

First MOTION to intervene by William F Bishop.
(Attachments: # 1 Exhibit Motion to Intervene,
Dissolve Injunction)(Essenson, James) Motions
referred to Magistrate Judge Thomas B. McCoun
III. (Entered: 09/11/2009)

09/14/2009

194

ENDORSED ORDER directing Securities and
Exchange Commission and Burton W. Wiand to
respond to 193 First Motion to Intervene. Responses
due on or before 9/23/2009. Signed by Judge
Richard A. Lazzara on 9/14/2009. (CCB) (Entered:
09/14/2009)

09/14/2009

195

NOTICE of Hearing on 193 First Motion to
Intervene set for Friday, 9/25/2009 at 1:30 PM in
Tampa Courtroom 15 B before Judge Richard A.
Lazzara. (CCB) (Entered: 09/14/2009)

09/16/2009

196

MOTION to Approve Settlement re: Steven D.
Wood Living Trust by Burton W. Wiand. (Nelson,
Carl) (Entered: 09/16/2009)

09/17/2009

197

ORDER ATTACHED granting 196 Receiver's
Motion to Approve Settlement with Steven D.
Wood Living Trust. Signed by Judge Richard A.
Lazzara on 9/17/2009. (CCB) (Entered: 09/17/2009)

09/21/2009

198

MOTION for J. Thomas Cardwell to withdraw as
attorney by LandMark Bank of Florida. (Hoeck,
Kathryn) (Entered: 09/21/2009)

09/21/2009

199

ENDORSED ORDER granting 198 Motion to
withdraw as attorney. J. Thomas Cardwell is
relieved of any further responsibility in the case.
Signed by Judge Richard A. Lazzara on 9/21/2009.
(SKH) (Entered: 09/21/2009)

09/21/2009

200

Unopposed MOTION for attorney fees Third
Interim Motion for Order Awarding Fees, Costs,
and Reimbursement of Costs to Receiver and his
Professionals by Burton W. Wiand. (Attachments: #
1 Exhibit A − Standardized Fund Accounting
Report, # 2 Exhibit B − Receiver's Third Interim
Report, # 3 Exhibit C − Receiver − Receivership

46

invoice, # 4 Exhibit D − Receiver − Home Front
Homes v. Bishop invoice, # 5 Exhibit E − Receiver
− Carolina Mountain Land Conservancy invoice, # 6
Exhibit F − Receiver − Recovery from Investors
invoice, # 7 Exhibit G − Receiver − Recovery from
Moodys invoice, # 8 Exhibit H − Receiver −
Recovery of Commissions invoice, # 9 Exhibit I −
Fowler White − Categorization and summary of
costs, # 10 Exhibit J − Fowler White − Fee
schedule, # 11 Exhibit K − Fowler White −
Receivership invoice (part 1 of 2), # 12 Exhibit K −
Fowler White − Receivership invoice (part 2 of 2), #
13 Exhibit L − Fowler White − Home Front Homes
v. Bishop invoice, # 14 Exhibit M − Fowler White −
Carolina Mountain Land Conservancy invoice, # 15
Exhibit N − Fowler White − Recovery from
Investors invoice, # 16 Exhibit O − Fowler White −
Recovery from Moodys invoice, # 17 Exhibit P −
Fowler White − Recovery of Commissions invoice,
# 18 Exhibit Q − PDR invoice, # 19 Exhibit R −
Riverside Financial Group invoice, # 20 Exhibit S −
E−Hounds invoice, # 21 Exhibit T − Proposed
Order)(Nelson, Carl) (Entered: 09/21/2009)
09/23/2009

201

ORDER granting 200 Motion for attorney fees,
costs and reimbursement of cost to receiver. (see
order for further details). Signed by Judge Richard
A. Lazzara on 9/23/2009. (JLH) (Entered:
09/23/2009)

09/23/2009

202

MOTION to Approve Settlement re: Pauline Yip, as
Executrix of the Estate of Luke Yip by Burton W.
Wiand. (Nelson, Carl) (Entered: 09/23/2009)

09/23/2009

203

ORDER ATTACHED granting 202 Receiver's
Motion to Approve Settlement with Pauline Yip,
executive of estate of Luke Yip. Signed by Judge
Richard A. Lazzara on 9/23/2009. (CCB) (Entered:
09/23/2009)

09/23/2009

204

RESPONSE in opposition re 193 First MOTION to
intervene and re [193−2] motion to dissolve
injunction filed by Burton W. Wiand. (Morello,
Gianluca) (Entered: 09/23/2009)

09/23/2009

205

DECLARATION of Burton W. Wiand, Receiver re
204 Response in opposition to motion by Burton W.
Wiand. (Morello, Gianluca) (Entered: 09/23/2009)

09/23/2009

206

RESPONSE in opposition re 193 First MOTION to
intervene and Joinder in Receiver's Response filed
by Securities and Exchange Commission. (Masel,
Scott) (Entered: 09/23/2009)

47

09/24/2009

207

ORDER ATTACHED denying 193 Bishop's Motion
to Intervene. Signed by Judge Richard A. Lazzara
on 9/24/2009. (CCB) (Entered: 09/24/2009)

09/24/2009

208

NOTICE canceling motion to intervene hearing
scheduled for 9/25/2009 at 1:30 p.m. (CCB)
(Entered: 09/24/2009)

10/16/2009

209

MOTION to Approve Settlement re: the Irrevocable
Trust of Ben Montgomery Cart by Burton W.
Wiand. (Attachments: # 1 Exhibit A − Settlement
Agreement re: Ben M. Cart, Trustee)(Nelson, Carl)
(Entered: 10/16/2009)

10/19/2009

210

ORDER ATTACHED granting 209 Motion to
Approve Settlement between the Receiver and The
Irrevocable Trust of Ben Montgomery Cart within
ten days of the date of the Order. Signed by Judge
Richard A. Lazzara on 10/19/2009. (SKH) (Entered:
10/19/2009)

10/20/2009

211

MOTION to Approve Settlement re: Virginia
Tanner by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement Agreement re
Virginia Tanner)(Nelson, Carl) (Entered:
10/20/2009)

10/20/2009

212

ORDER ATTACHED granting 211 Motion to
Approve Settlement between the Receiver and
Millennium Trust − FBO Virginia Tanner. See order
for details. Signed by Judge Richard A. Lazzara on
10/20/2009. (SKH) (Entered: 10/20/2009)

10/29/2009

213

MOTION to compel by Earl Niemoth, Thomas J.
Neff. (JLH) (Entered: 10/29/2009)

10/30/2009

214

ENDORSED ORDER: Upon due consideration of
the court file, it is ordered and adjudged that the
Motion to Compel (Dkt. 213) is denied because the
motion has no basis in the law. Signed by Judge
Richard A. Lazzara on 10/30/2009. (CCB) (Entered:
10/30/2009)

11/03/2009

215

MOTION to Approve Settlement re: The Wintsch
Family Trust by Burton W. Wiand. (Attachments: #
1 Exhibit A − Executed Settlement Agreement re
The Wintsch Family Trust)(Nelson, Carl) (Entered:
11/03/2009)

11/03/2009

216

MOTION to Approve Settlement re: Robert Beale
and Virginia Beale by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Executed Settlement
Agreement re the Beale's)(Nelson, Carl) (Entered:
11/03/2009)

48

11/03/2009

217

MOTION to Approve Settlement re: John F.
Fletcher by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement Agreement re:
John F. Fletcher)(Nelson, Carl) (Entered:
11/03/2009)

11/03/2009

218

MOTION to Approve Settlement re: Stanley
Wengert by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement Agreement re:
Stanley Wengert)(Nelson, Carl) (Entered:
11/03/2009)

11/03/2009

219

ORDER ATTACHED granting 215 Motion to
Approve Settlement between the Receiver and The
Wintsch Family Trust. Signed by Judge Richard A.
Lazzara on 11/3/2009. (SKH) (Entered: 11/03/2009)

11/03/2009

220

ORDER ATTACHED granting 216 Motion to
Approve Settlement between the Receiver and
Robert and Virginia Beale. Signed by Judge Richard
A. Lazzara on 11/3/2009. (SKH) (Entered:
11/03/2009)

11/03/2009

221

ORDER ATTACHED granting 217 Motion to
Approve Settlement between the Receiver and John
F. Fletcher. Signed by Judge Richard A. Lazzara on
11/3/2009. (SKH) (Entered: 11/03/2009)

11/03/2009

222

ORDER ATTACHED granting 218 Motion to
Approve Settlement between the Receiver and
Stanley Wengert. Signed by Judge Richard A.
Lazzara on 11/3/2009. (SKH) (Entered: 11/03/2009)

11/03/2009

223

MOTION to intervene by Earl Niemoth. (RFM)
Motions referred to Magistrate Judge Thomas B.
McCoun III. (Entered: 11/03/2009)

11/04/2009

224

ORDER denying 223 Motion to intervene for the
reasons set forth in the attached order. Signed by
Judge Richard A. Lazzara on 11/4/2009. (SKH)
(Entered: 11/04/2009)

11/06/2009

225

MOTION to Approve Settlement re: Castor Family
Revocable Living Trust by Burton W. Wiand.
(Nelson, Carl) (Entered: 11/06/2009)

11/06/2009

226

ORDER ATTACHED granting 225 the Receiver's
Motion to Approve Settlement with the Castor
Family Revocable Trust. Signed by Judge Richard
A. Lazzara on 11/6/2009. (CCB) (Entered:
11/06/2009)

11/06/2009

227

MOTION to Approve Settlement re: William
Gasparrini by Burton W. Wiand. (Nelson, Carl)
(Entered: 11/06/2009)

49

11/06/2009

228

ORDER ATTACHED granting 227 the Receiver's
Motion to Approve Settlement with William
Gasparrini. Signed by Judge Richard A. Lazzara on
11/6/2009. (CCB) (Entered: 11/06/2009)

11/13/2009

229

NOTICE of change of address by Gianluca Morello
(Morello, Gianluca) (Entered: 11/13/2009)

11/13/2009

230

AMENDED MOTION to intervene by Earl
Niemoth, Thomas J. Neff. (BES) Motions referred
to Magistrate Judge Thomas B. McCoun III.
(Entered: 11/13/2009)

11/13/2009

231

ORDER ATTACHED denying 230 Amended
Motion to Intervene. Signed by Judge Richard A.
Lazzara on 11/13/2009. (CCB) (Entered:
11/13/2009)

11/16/2009

232

NOTICE of change of address by Maya M.
Lockwood (Lockwood, Maya) (Entered:
11/16/2009)

11/19/2009

233

Unopposed MOTION for miscellaneous relief,
specifically for Approval of Transfer of Title to
Vehicle by Burton W. Wiand. (Morello, Gianluca)
(Entered: 11/19/2009)

11/20/2009

234

ORDER ATTACHED granting 233 Receiver's
Motion for Approval of Transfer of Subaru to
Tradewind, LLC for benefit of Receivership. Signed
by Judge Richard A. Lazzara on 11/20/2009. (CCB)
(Entered: 11/20/2009)

11/23/2009

235

NOTICE OF APPEAL as to 207 Order on motion to
intervene by William F Bishop. (Filing fee not paid)
(Essenson, James) (Entered: 11/23/2009)

11/23/2009

236

MOTION for issuance of order to show cause as to
Why Conservation Easement Should Not Be
Extinguished by Burton W. Wiand. (Nelson, Carl)
(Entered: 11/23/2009)

11/23/2009

237

DECLARATION of Carl R. Nelson re 236
MOTION for issuance of order to show cause as to
Why Conservation Easement Should Not Be
Extinguished by Burton W. Wiand. (Attachments: #
1 Exhibit A − Deed of Conservation Easement, # 2
Exhibit B − Appraisal, # 3 Exhibit C − Pages from
2005 Tax Return, # 4 Exhibit D − Order and
Complaint filed in W.D.N.C.)(Nelson, Carl)
(Entered: 11/23/2009)

11/24/2009

238

*** DISCHARGED pursuant to 276 Order ***
ORDER ATTACHED granting 236 Motion for
order to show cause and scheduling hearing for

50

Wednesday, December 9, 2009, at 9:00 a.m. The
Carolina Mountain Land Conservancy shall file a
response to the motion on or before December 4,
2009. Clerk and Receiver: See special mailing
instructions. Signed by Judge Richard A. Lazzara on
11/24/2009. (SKH) Modified on 12/28/2009 (LYB).
(Entered: 11/24/2009)
11/24/2009

239

11/24/2009

NOTICE OF HEARING: Show Cause Hearing set
for 12/9/2009 at 9:00 a.m., in Courtroom 15B before
Judge Richard A. Lazzara. (SKH) (Entered:
11/24/2009)
TRANSMITTAL of initial appeal package to USCA
consisting of certified copies of notice of appeal,
docket sheet, order/judgment being appealed, and
motion, if applicable to USCA re 235 Notice of
appeal. Eleventh Circuit Transcript information
form forwarded to pro se litigants and available to
counsel at www.flmd.uscourts.gov under Forms and
Publications/General. (JMS) (Entered: 11/24/2009)

11/25/2009

240

STATUS REPORT Receiver's Fourth Interim
Report (7/1/09 − 8/31/09) by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Standardized Fund
Accounting Report 7/1/09 − 8/31/09)(Morello,
Gianluca) (Entered: 11/25/2009)

12/01/2009

241

Unopposed MOTION for extension of time to file
response/reply as to 238 Order on motion for order
to show cause by Carolina Mountain Land
Conservancy. (Solomon, Marty) Motions referred to
Magistrate Judge Thomas B. McCoun III. (Entered:
12/01/2009)

12/01/2009

242

Unopposed MOTION for miscellaneous relief,
specifically waive imposition of filing fees by
Burton W. Wiand. (Morello, Gianluca) (Entered:
12/01/2009)

12/02/2009

243

ORDER ATTACHED granting 241 Motion for
Extension of Time to File Response to Order to
Show Cause. Response due on or before
12/18/2009. Signed by Judge Richard A. Lazzara on
12/2/2009. (CCB) (Entered: 12/02/2009)

12/02/2009

244

NOTICE cancelling show cause hearing scheduled
for 12/9/2009. (CCB) (Entered: 12/02/2009)

12/02/2009

245

ORDER ATTACHED denying 242 Receiver's
Motion to Waive Imposition of Fees. Signed by
Judge Richard A. Lazzara on 12/2/2009. (CCB)
(Entered: 12/02/2009)

12/02/2009

246

51

NOTICE by Donald Kirk of filing Motion and
Proposed Order to Have Counsel Removed from the
CM/ECF System Certificate of Service
(Attachments: # 1 Text of Proposed Order Proposed
Order)(Kirk, Donald) (Entered: 12/02/2009)
12/03/2009

247

12/03/2009

ENDORSED ORDER: Upon due consideration, it is
ordered and adjudged that the Motion to Remove
Attorney Donald R. Kirk from the CM/ECF
certificate of service list (Dkt. 246) is GRANTED.
The clerk is directed to remove Attorney Kirk from
the list. Signed by Judge Richard A. Lazzara on
12/3/2009. (CCB) (Entered: 12/03/2009)
ACKNOWLEDGMENT by USCA of receiving
initial appeal package on 12/3/09 re 235 Notice of
appeal. USCA number: 09−16007−H. (EJC)
(Entered: 12/03/2009)

12/07/2009

248

SUPPLEMENT to Receiver's Motion for Order to
Show Cause as to why Conservation Easement
Should Not Be Extinguished (Doc. 236) by Burton
W. Wiand. (Nelson, Carl) (Entered: 12/07/2009)

12/07/2009

249

DECLARATION of Carl R. Nelson re 248
Supplement by Burton W. Wiand. (Attachments: # 1
Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4,
# 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Nelson,
Carl) (Entered: 12/07/2009)

12/07/2009

250

MOTION for protective order by non−party by
Donald H. Rowe. (Attachments: # 1 Exhibit 1)(Moe,
Anne−Leigh) (Entered: 12/07/2009)

12/08/2009

251

ENDORSED ORDER directing counsel for
Receiver and the Securities and Exchange
Commission to respond to 250 Motion for
Protective Order by non−party. Responses due by
12/17/2009. Hearing scheduled on Motion on
Monday, December 21, 2009, at 8:30 a.m. Signed
by Judge Richard A. Lazzara on 12/8/2009. (SKH)
(Entered: 12/08/2009)

12/08/2009

252

NOTICE of Hearing on Motion 250 for Protective
Order by non−party: Motion Hearing scheduled
Monday, December 21, 2009 at 8:30 a.m., in
Courtroom 15B before Judge Richard A. Lazzara.
(SKH) (Entered: 12/08/2009)

12/08/2009

253

ORDER ATTACHED directing response on or
before 12/18/2009 to docket 248 and giving
instructions to clerk. Signed by Judge Richard A.
Lazzara on 12/8/2009. (CCB) (Entered: 12/08/2009)

12/11/2009

254

52

MOTION for miscellaneous relief, specifically for
Approval of Sale of The Assets of the Venice Jet
Center and Agreement with Northern Trust, N.A. by
Burton W. Wiand. (Attachments: # 1 Exhibit 1 −
Asset Purchase Agreement, # 2 Exhibit A − Assets,
# 3 Exhibit B − Promissory Note, # 4 Exhibit C −
Assn and Assumption of the Lease and Subleases, #
5 Exhibit D − Bill of Sale, # 6 Exhibit 2 −
Agreement re Claims and Obligations, # 7 Exhibit 3
− Part 16 Complaint (Part 1 of 5), # 8 Exhibit 3 −
Part 16 Complaint (Part 2 of 5), # 9 Exhibit 3 − Part
16 Complaint (Part 3 of 5), # 10 Exhibit 3 − Part 16
Complaint (Part 4 of 5), # 11 Exhibit 3 − Part 16
Complaint (Part 5 of 5), # 12 Exhibit 4 −
Declaration of Burton W. Wiand, # 13 Exhibit 5 −
Letter to the Honorable Ed Martin, Mayor, # 14
Exhibit 6 − Proposed Order, # 15 Exhibit 7 −
Memorandum of Lease)(Morello, Gianluca)
(Entered: 12/11/2009)
12/14/2009

255

ORDER ATTACHED directing the City of Venice
to respond on or before 12/28/2009 to docket 254
and the Receiver to follow instructions as set forth
in the order. Signed by Judge Richard A. Lazzara on
12/14/2009. (CCB) (Entered: 12/14/2009)

12/14/2009

256

CERTIFICATE OF SERVICE by Burton W. Wiand
re 255 Order (Morello, Gianluca) (Entered:
12/14/2009)

12/14/2009

USCA appeal fees received $ 455 receipt number
T053148 re 235 Notice of appeal filed by William F
Bishop (RFK) (Entered: 12/14/2009)

12/15/2009

TRANSMITTAL to USCA forwarding USCA
appeal fees received $455 receipt number T053148
re 235 Notice of appeal USCA number:
09−16007−H. (EJC) (Entered: 12/15/2009)

12/15/2009

257

NOTICE of unavailability of counsel bySecurities
and Exchange Commission from December 17,
2009 to January 5, 2010. (Masel, Scott) (Entered:
12/15/2009)

12/16/2009

258

CERTIFICATE OF SERVICE by Burton W. Wiand
re 254 MOTION for miscellaneous relief,
specifically for Approval of Sale of The Assets of
the Venice Jet Center and Agreement with Northern
Trust, N.A. (Amended) (Morello, Gianluca)
(Entered: 12/16/2009)

12/16/2009

259

Unopposed MOTION for attorney fees Fourth
Interim Motion for Order Awarding Fees, Costs,
and Reimbursement of Costs to Receiver and His

53

Professionals by Burton W. Wiand. (Attachments: #
1 Exhibit A − Standardized Fund Accounting
Report, # 2 Exhibit B − Receiver's Fourth Interim
Report, # 3 Exhibit C − Receiver − Receivership
Invoice, # 4 Exhibit D − Receiver − Home Front
Homes v. Bishop Invoice, # 5 Exhibit E − Receiver
− Carolina Mountain Land Conservancy Invoice, #
6 Exhibit F − Receiver − Recovery From Investors
Invoice, # 7 Exhibit G − Receiver − Recovery from
Moodys Invoice, # 8 Exhibit H − Receiver −
Recovery of Commissions Invoice, # 9 Exhibit I −
Receiver − FW Categorization and Summary of
Costs, # 10 Exhibit J − FW Fee Schedule, # 11
Exhibit K − FW Receivership Invoice, # 12 Exhibit
L − FW − Home Front Homes v. Bishop Invoice, #
13 Exhibit M − FW − Carolina Mountain Land
Conservancy Invoice, # 14 Exhibit N − FW −
Recovery From Investors Invoice, # 15 Exhibit O −
FW − Recovery from Moodys Invoice, # 16 Exhibit
P − FW − Recovery of Commissions Invoice, # 17
Exhibit Q − PDR Invoice, # 18 Exhibit R −
Riverside Financial Group Invoice, # 19 Exhibit S −
E−Hounds Invoice, # 20 Exhibit T − Text of
Proposed Order)(Morello, Gianluca) (Entered:
12/16/2009)
12/17/2009

260

MOTION to Approve Settlement re: Trevor Taylor
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Morello,
Gianluca) (Entered: 12/17/2009)

12/17/2009

261

ORDER ATTACHED granting 260 the Receiver's
Motion to Approve Settlement with Trevor Taylor.
Signed by Judge Richard A. Lazzara on 12/17/2009.
(CCB) (Entered: 12/17/2009)

12/17/2009

262

RESPONSE in opposition re 250 MOTION for
protective order by non−party filed by Burton W.
Wiand. (Attachments: # 1 Exhibit A − Sample
Confidentiality Agreement)(Morello, Gianluca)
(Entered: 12/17/2009)

12/17/2009

263

RESPONSE to motion re 250 MOTION for
protective order by non−party and to Order
Directing Counsel's Response (DE 251) filed by
Securities and Exchange Commission. (Masel,
Scott) (Entered: 12/17/2009)

12/18/2009

264

RESPONSE TO ORDER TO SHOW CAUSE re
238 Order on motion for order to show cause filed
by Carolina Mountain Land Conservancy.
(Solomon, Marty) (Entered: 12/18/2009)

12/18/2009

265

54

DECLARATION of Kieran Roe re 264 Response to
order to show cause by Carolina Mountain Land
Conservancy. (Attachments: # 1 Exhibit 1, # 2
Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit
Composite Exhibit 5, Part I, # 6 Exhibit Composite
Exhibit 5, Part II, # 7 Exhibit Composite Exhibit 5,
Part III, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8,
# 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, #
14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17
Exhibit 15, # 18 Exhibit Composite Exhibit 16, # 19
Exhibit 17, # 20 Exhibit 18, # 21 Exhibit Composite
Exhibit 19)(Solomon, Marty) (Entered: 12/18/2009)
12/18/2009

266

ORDER granting 259 Motion for attorney fees.
Signed by Judge Richard A. Lazzara on 12/18/2009.
(See order) (MSS) (Entered: 12/18/2009)

12/18/2009

267

ORDER ATTACHED denying 250 Motion for
protective order. See order for details. Hearing
scheduled 12/21/09 at 8:30 a.m. is cancelled. Signed
by Judge Richard A. Lazzara on 12/18/2009. (SKH)
(Entered: 12/18/2009)

12/18/2009

268

NOTICE canceling Motion for Protective Order
hearing scheduled for December 21, 2009, at 8:30
a.m. (SKH) (Entered: 12/18/2009)

12/18/2009

269

MOTION to Approve Settlement re: Jewel Hirsch
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Settlement Agreement re Jewel Hirsch)(Morello,
Gianluca) (Entered: 12/18/2009)

12/21/2009

270

ORDER ATTACHED granting 269 Motion to
Approve Settlement between the Receiver and Jewel
Hirsch. Signed by Judge Richard A. Lazzara on
12/21/2009. (SKH) (Entered: 12/21/2009)

12/22/2009

271

Unopposed MOTION for leave to file Reply to
Conservancy's Response to Order to Show Cause
and Opposition to Extinguishment of Conservation
Easement (Doc. 264) by Burton W. Wiand. (Nelson,
Carl) (Entered: 12/22/2009)

12/22/2009

272

ENDORSED ORDER denying without prejudice
271 Unopposed Motion for Leave to Reply. If the
Court believes that further briefing is needed from
the parties after it has reviewed their submissions, it
will so direct. Signed by Judge Richard A. Lazzara
on 12/22/2009. (SKH) (Entered: 12/22/2009)

12/22/2009

273

Emergency MOTION for extension of time to file
response/reply as to 254 MOTION for
miscellaneous relief, specifically for Approval of
Sale of The Assets of the Venice Jet Center and
Agreement with Northern Trust, N.A. by City of

55

Venice. (Attachments: # 1 Exhibit Exhibit 1, # 2
Exhibit Exhibit 2)(Hildreth, Mark) Motions referred
to Magistrate Judge Thomas B. McCoun III.
(Entered: 12/22/2009)
12/22/2009

274

ORDER ATTACHED granting 273 Opposed
Emergency Motion for Enlargement of Time to
respond to Receiver's Asset Sale Motion. Responses
due by 1/15/2010. Signed by Judge Richard A.
Lazzara on 12/22/2009. (SKH) (Entered:
12/22/2009)

12/22/2009

275

NOTICE OF APPEAL as to 267 Order on motion
for protective order by Donald H. Rowe. (Filing fee
not paid) (Savitz, Edward) Modified on 12/23/2009,
NOTE: DOCUMENT TERMINATED, counsel
notified to refile with correct case number (EJC).
(Entered: 12/22/2009)

12/23/2009

276

ORDER ATTACHED discharging 238 order to
show cause. Signed by Judge Richard A. Lazzara on
12/23/2009. (DMB) (Entered: 12/23/2009)

12/23/2009

277

NOTICE OF APPEAL as to 267 Order on motion
for protective order by Donald H. Rowe. (Filing fee
not paid) (Savitz, Edward) (Entered: 12/23/2009)

12/23/2009

278

NOTICE of Appearance by Edward O. Savitz on
behalf of Donald H. Rowe (Savitz, Edward)
(Entered: 12/23/2009)

12/23/2009

TRANSMITTAL of initial appeal package to USCA
consisting of certified copies of notice of appeal,
docket sheet, order/judgment being appealed, and
motion, if applicable to USCA re 277 Notice of
appeal. (EJC) (Entered: 12/23/2009)

12/28/2009

279

MOTION to stay any obligation to respond to
subpoena pending appeal by Donald H. Rowe.
(Attachments: # 1 Exhibit 1)(Savitz, Edward)
(Entered: 12/28/2009)

12/28/2009

280

MOTION to Approve Settlement re: All−Weather
Fund of Funds, LP by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Executed Settlement
Agreement re All−Weather Fund of Funds,
LP)(Morello, Gianluca) (Entered: 12/28/2009)

12/28/2009

281

MOTION to Approve Settlement re: John and
Linda Evans by Burton W. Wiand. (Attachments: #
1 Exhibit A − Executed Settlement Agreement re
John and Linda Evans)(Morello, Gianluca)
(Entered: 12/28/2009)

12/28/2009

282

MOTION to Approve Settlement re: Robert Wilkes,

56

Jr. by Burton W. Wiand. (Attachments: # 1 Exhibit
A − Executed Settlement Agreement re Robert
Wilkes, Jr.)(Morello, Gianluca) (Entered:
12/28/2009)
12/29/2009

283

ORDER ATTACHED granting 280 Receiver's
Motion to Approve Settlement with All−Weather
Fund of Funds, LP. Signed by Judge Richard A.
Lazzara on 12/29/2009. (CCB) (Entered:
12/29/2009)

12/29/2009

284

ORDER ATTACHED denying without prejudice
for failure to comply with Local Rule 3.01(g) 279
Motion to Stay. Signed by Judge Richard A.
Lazzara on 12/29/2009. (CCB) (Entered:
12/29/2009)

12/29/2009

285

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement (281). The Court approves
the written settlement agreement attached to the
motion entered into between the Receiver and John
and Linda Evans. Signed by Judge Richard A.
Lazzara on 12/29/2009. (SKH) (Entered:
12/29/2009)

12/29/2009

286

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement (282). The Court approves
the written settlement agreement attached to the
motion entered into between the Receiver and
Robert Wilkes, Jr. Signed by Judge Richard A.
Lazzara on 12/29/2009. (SKH) (Entered:
12/29/2009)

12/29/2009

287

MOTION to stay any obligation to respond to
subpoena pending appeal by Donald H. Rowe.
(Attachments: # 1 Exhibit 1)(Savitz, Edward)
(Entered: 12/29/2009)

12/30/2009

288

ENDORSED ORDER directing Burton W. Wiand
to respond to 287 Motion to Stay any Obligation to
Respond to Subpoena Pending Appeal. Response
due on or before 1/8/2010. Signed by Judge Richard
A. Lazzara on 12/30/2009. (CCB) (Entered:
12/30/2009)

12/30/2009

289

MOTION to Approve Settlement re: Frank
Moseley, Jr. by Burton W. Wiand. (Attachments: #
1 Exhibit A − Executed Settlement Agreement re
Frank Moseley, Jr.)(Morello, Gianluca) (Entered:
12/30/2009)

12/31/2009

290

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement (289). The Court approves
the written settlement agreement attached to the
motion entered into between the Receiver and Frank

57

Moseley, Jr. Signed by Judge Richard A. Lazzara on
12/31/2009. (SKH) (Entered: 12/31/2009)
01/04/2010

ACKNOWLEDGMENT by USCA of receiving
initial appeal package on 12/29/09 re 277 Notice of
appeal. USCA number: 09−16437−H. (EJC)
(Entered: 01/05/2010)

01/05/2010

291

MOTION for miscellaneous relief, specifically for
Approval of Sale of Assets of Home Front Homes,
LLC and Agreement with MIBank by Burton W.
Wiand. (Attachments: # 1 Exhibit 1 − Asset
Purchase Agreement, # 2 Exhibit 2 − MIBank
Agreement)(Morello, Gianluca) (Entered:
01/05/2010)

01/05/2010

292

DECLARATION of Burton W. Wiand re 291
MOTION for miscellaneous relief, specifically for
Approval of Sale of Assets of Home Front Homes,
LLC and Agreement with MIBank by Burton W.
Wiand. (Morello, Gianluca) (Entered: 01/05/2010)

01/05/2010

01/06/2010

USCA appeal fees received $ 455 receipt number
053367 re 277 Notice of appeal filed by Donald H.
Rowe (per appeals− connect fee to this ntcapp) (EV)
(Entered: 01/06/2010)
293

01/07/2010

ORDER ATTACHED granting 291 Receiver's
Motion to Approve Sale of Assets of Home Front
Homes, LLC and Agreement with MIBank. Signed
by Judge Richard A. Lazzara on 1/6/2010. (CCB)
(Entered: 01/06/2010)
TRANSMITTAL to USCA forwarding appeal fees
received $455 receipt number 053367 re 277 Notice
of appeal USCA number: 09−16437−H. (EJC)
(Entered: 01/07/2010)

01/08/2010

294

MOTION to Approve Settlement re: The Taylor
Family Limited Partnership and Jansen W. &Kay C.
Taylor, Family L.P. by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Executed Settlement
Agreement)(Morello, Gianluca) (Entered:
01/08/2010)

01/08/2010

295

ORDER ATTACHED granting 294 Receiver's
Motion to Approve Settlement with The Taylor
Family Limited Partnership and the Subsequent
Transferees. Signed by Judge Richard A. Lazzara on
1/8/2010. (CCB) (Entered: 01/08/2010)

01/08/2010

296

RESPONSE in opposition re 287 MOTION to stay
any obligation to respond to subpoena pending
appeal filed by Burton W. Wiand. (Morello,
Gianluca) (Entered: 01/08/2010)

58

01/08/2010

297

Unopposed MOTION for miscellaneous relief,
specifically leave to pay civil filing fees directly
from Receivership Estate by Burton W. Wiand.
(Morello, Gianluca) (Entered: 01/08/2010)

01/11/2010

298

ORDER ATTACHED granting 297 Motion for
Leave to Pay Civil Filing Fees Directly from
Receivership Estate. Signed by Judge Richard A.
Lazzara on 1/11/2010. (CCB) (Entered: 01/11/2010)

01/11/2010

299

MOTION to Approve The Sale of Real Property
Located in Newnan, Coweta County, Georgia by
Burton W. Wiand. (Attachments: # 1 Exhibit 1 −
Agreement of Sale and Purchase Between Burton
W. Wiand and Candler Food LLC #136)(Morello,
Gianluca) Modified on 1/12/2010 (AG). (Entered:
01/11/2010)

01/11/2010

300

DECLARATION of Burton W. Wiand re 299
MOTION to Approve The Sale of Real Property
Located in Newnan, Coweta County, Georgia by
Burton W. Wiand. (Morello, Gianluca) Modified on
1/12/2010 (AG). (Entered: 01/11/2010)

01/11/2010

301

ORDER ATTACHED denying 287 Rowe's Motion
to Stay Pending Appeal, or, in the Alternative,
Motion for Reconsideration. Signed by Judge
Richard A. Lazzara on 1/11/2010. (CCB) (Entered:
01/11/2010)

01/12/2010

302

ORDER ATTACHED granting 299 Receiver's
Motion to Approve Sale of Real Property located in
Newnan, Ga. with Candler Food LLC #136. Signed
by Judge Richard A. Lazzara on 1/12/2010. (CCB)
(Entered: 01/12/2010)

01/12/2010

303

MOTION to Approve Settlement re: Mark H. and
Judy King Williams by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Executed Settlement
Agreement)(Morello, Gianluca) (Entered:
01/12/2010)

01/12/2010

304

MOTION to Approve Settlement re: Trelawny
Taylor−Ferraro by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Executed Settlement
Agreement)(Morello, Gianluca) (Entered:
01/12/2010)

01/12/2010

305

MOTION to Approve Settlement re: Donna G.
Pickard, Individually and as Trustee of the Donna
Pickard Trust dtd 2/25/03 by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Executed Settlement
Agreement)(Morello, Gianluca) (Entered:
01/12/2010)

59

01/13/2010

306

ORDER ATTACHED granting 303 Receiver's
Motion to Approve Settlement with Mark H. and
Judy King Williams. Signed by Judge Richard A.
Lazzara on 1/13/2010. (CCB) (Entered: 01/13/2010)

01/13/2010

307

ORDER ATTACHED granting 304 Receiver's
Motion to Approve Settlement with Trelawny
Taylor−Ferraro. Signed by Judge Richard A.
Lazzara on 1/13/2010. (CCB) (Entered: 01/13/2010)

01/13/2010

308

ORDER ATTACHED granting 305 Receiver's
Motion to Approve Settlement with Donna G.
Pickard, individually and as Trustee of the Donna
Pickard Trust dtd 2/25/03. Signed by Judge Richard
A. Lazzara on 1/13/2010. (CCB) (Entered:
01/13/2010)

01/13/2010

309

MOTION to Approve Settlement re: James Teng by
Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement re James
Teng)(Morello, Gianluca) (Entered: 01/13/2010)

01/13/2010

310

ORDER ATTACHED granting 309 Receiver's
Motion to Approve Settlement with James Teng.
Signed by Judge Richard A. Lazzara on 1/13/2010.
(CCB) (Entered: 01/13/2010)

01/15/2010

311

RESPONSE to motion re 254 MOTION for
miscellaneous relief, specifically for Approval of
Sale of The Assets of the Venice Jet Center and
Agreement with Northern Trust, N.A. filed by City
of Venice. (Hildreth, Mark) (Entered: 01/15/2010)

01/15/2010

312

ORDER ATTACHED directing Burton W. Wiand
to File a Reply Memorandum to the Response to
254 the Receiver's Motion for Approval of Sale of
The Assets of the Venice Jet Center on or before
1/21/2010. Signed by Judge Richard A. Lazzara on
1/15/2010. (CCB) (Entered: 01/15/2010)

01/15/2010

ACKNOWLEDGMENT by USCA of receiving
appeal filing fee on 1/12/2010 re 277 Notice of
appeal. USCA number: 09−16437−H. (JNB)
(Entered: 01/18/2010)

01/18/2010

313

MOTION to Approve Settlement re: the Zinn
Family Trust by Burton W. Wiand. (Attachments: #
1 Exhibit A − Executed Settlement
Agreement)(Morello, Gianluca) (Entered:
01/18/2010)

01/18/2010

314

MOTION to Approve Settlement re: Elizabeth
Ward by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreement)(Morello, Gianluca) (Entered:

60

01/18/2010)
01/18/2010

315

Unopposed MOTION for miscellaneous relief,
specifically Reappoint Receiver by Burton W.
Wiand. (Attachments: # 1 Text of Proposed
Order)(Morello, Gianluca) (Entered: 01/18/2010)

01/19/2010

316

ORDER granting 315 Motion Reappointing
Receiver and that Burton W. Wiand is reappointed
the Receiver over the Defendants. Signed by Judge
Richard A. Lazzara on 1/19/2010. (See order)
(MSS) (Entered: 01/19/2010)

01/19/2010

317

AMENDED ORDER ATTACHED directing
Receiver to reply to additional issues on or before
1/21/2010. Signed by Judge Richard A. Lazzara on
1/19/2010. (CCB) (Entered: 01/19/2010)

01/19/2010

318

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement (313). The Court approves
the written settlement agreement attached to the
motion entered into between the Receiver and The
Zinn Family Trust. Signed by Judge Richard A.
Lazzara on 1/19/2010. (SKH) (Entered: 01/19/2010)

01/19/2010

319

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement (314). The Court approves
the written settlement agreement attached to the
motion entered into between the Receiver and
Elizabeth Ward. Signed by Judge Richard A.
Lazzara on 1/19/2010. (SKH) (Entered: 01/19/2010)

01/20/2010

320

REPLY to response to motion re 254 MOTION for
miscellaneous relief, specifically for Approval of
Sale of The Assets of the Venice Jet Center and
Agreement with Northern Trust, N.A. filed by
Burton W. Wiand. (Morello, Gianluca) (Entered:
01/20/2010)

01/20/2010

321

ORDER granting and approving 254 Motion for sale
of certain assets of Venice Jet Center as outlined in
the attached Order. Signed by Judge Richard A.
Lazzara on 1/20/2010. (SKH) (Entered: 01/20/2010)

01/21/2010

322

Emergency MOTION to modify Injunction by Louis
Paolino. (Attachments: # 1 Exhibit 1 − Lis Pendens,
# 2 Exhibit 2 − Warranty Deed, # 3 Exhibit 3 −
Consent to Sale)(Bentley, Morgan) (Entered:
01/21/2010)

01/21/2010

323

ORDER ATTACHED denying without prejudice
for failure to comply with Local Rule 3.01(g) 322
Motion to Modify. Parties are directed to confer
personally in accord with the attached order. Signed
by Judge Richard A. Lazzara on 1/21/2010. (CCB)

61

(Entered: 01/21/2010)
01/27/2010

324

MOTION for miscellaneous relief, specifically
Possession of and Title to Real Property Located at
464 Golden Gate Point, Unit 703, Sarasota, Florida
by Burton W. Wiand. (Morello, Gianluca) (Entered:
01/27/2010)

01/27/2010

325

DECLARATION of Burton W. Wiand re 324
MOTION for miscellaneous relief, specifically
Possession of and Title to Real Property Located at
464 Golden Gate Point, Unit 703, Sarasota, Florida
by Burton W. Wiand. (Attachments: # 1 Exhibit A,
# 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5
Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit
H, # 9 Exhibit I)(Morello, Gianluca) (Entered:
01/27/2010)

01/27/2010

326

SUPPLEMENT re 324 MOTION for miscellaneous
relief, specifically Possession of and Title to Real
Property Located at 464 Golden Gate Point, Unit
703, Sarasota, Florida −− Supplement to Local Rule
3.01(g) Certification by Burton W. Wiand.
(Morello, Gianluca) (Entered: 01/27/2010)

01/28/2010

327

ORDER ATTACHED granting 324 Receiver's
Motion for Possession of and Title to Real Property
Located at 464 Golden Gate POint, Unit 703,
Sarasota, Florida. Signed by Judge Richard A.
Lazzara on 1/28/2010. (CCB) (Entered: 01/28/2010)

01/28/2010

328

Unopposed MOTION to modify Injunction by Louis
Paolino. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2,
# 3 Exhibit 3)(Bentley, Morgan) (Entered:
01/28/2010)

01/29/2010

329

RESPONSE to motion re 328 Unopposed MOTION
to modify Injunction filed by Burton W. Wiand.
(Morello, Gianluca) (Entered: 01/29/2010)

01/29/2010

330

Amended MOTION to modify Injunction by Louis
Paolino. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2,
# 3 Exhibit 3)(Bentley, Morgan) (Entered:
01/29/2010)

01/29/2010

331

ENDORSED ORDER finding as moot 328 Motion
for Modification of Injunction. Amended motion
filed at 330 . Signed by Judge Richard A. Lazzara
on 1/29/2010. (SKH) (Entered: 01/29/2010)

01/29/2010

332

ORDER ATTACHED granting 330 Motion to
modify injunction. Signed by Judge Richard A.
Lazzara on 1/29/2010. (SKH) (Entered: 01/29/2010)

02/01/2010

333

MOTION to Approve Settlement re: Gerald

62

Gordon by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreement)(Morello, Gianluca) (Entered:
02/01/2010)
02/01/2010

334

ORDER ATTACHED granting 333 Receiver's
Motion to Approve Settlement with Gerald Gordon.
Signed by Judge Richard A. Lazzara on 2/1/2010.
(CCB) (Entered: 02/01/2010)

02/08/2010

335

MOTION to Approve Settlement re: Edwin and
Elizabeth Roberts by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Executed Settlement
Agreement)(Morello, Gianluca) (Entered:
02/08/2010)

02/09/2010

336

ORDER ATTACHED granting 335 Receiver's
Motion to Approve Settlement with Edwin and
Elizabeth Roberts. Signed by Judge Richard A.
Lazzara on 2/9/2010. (CCB) (Entered: 02/09/2010)

02/12/2010

337

MOTION to Approve Settlement re: Leslie R.
Collier, as Trustee of the Lester Haynes Blackburn
Trust by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreement)(Morello, Gianluca) (Entered:
02/12/2010)

02/12/2010

338

MOTION to Approve Settlement re: Sandcastle
Partners, L.P. by Burton W. Wiand. (Attachments:
# 1 Exhibit A − Executed Settlement
Agreement)(Morello, Gianluca) (Entered:
02/12/2010)

02/12/2010

339

ORDER ATTACHED granting 337 Motion to
Approve Settlement between the Receiver and
Leslie R. Collier, as Trustee of the Lester Haynes
Blackburn Trust. Signed by Judge Richard A.
Lazzara on 2/12/2010. (SKH) (Entered: 02/12/2010)

02/12/2010

340

ORDER granting 338 Motion to Approve
Settlement between the Receiver and Sandcastle
Partners, L.P. Signed by Judge Richard A. Lazzara
on 2/12/2010. (SKH) (Entered: 02/12/2010)

02/16/2010

341

ORDER of USCA ENTRY OF DISMISSAL
pursuant to Appellant Motion to Dismiss as to 277
Notice of appeal filed by Donald H. Rowe. EOD:
02/12/10; USCA number: 09−16437−HH. Issued as
mandate. (JMS) (Entered: 02/16/2010)

02/17/2010

342

MOTION to Approve Settlement re: Frances P.
Beyer, Trustee for the Edward F. Beyer Trust and
Frances P. Beyer, Trustee for the Frances P. Beyer
Trust by Burton W. Wiand. (Attachments: # 1

63

Exhibit A − Executed Settlement Agreement re
Frances P. Beyer)(Morello, Gianluca) (Entered:
02/17/2010)
02/17/2010

343

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement (342). The Court approves
the written settlement agreement attached to the
motion entered into between the Receiver and the
Beyer Trusts. Signed by Judge Richard A. Lazzara
on 2/17/2010. (SKH) (Entered: 02/17/2010)

02/19/2010

344

MOTION to Approve Settlement re: Argenta Fund,
Ltd. by Burton W. Wiand. (Attachments: # 1 Exhibit
A − Executed Settlement Agreement)(Morello,
Gianluca) (Entered: 02/19/2010)

02/19/2010

345

MOTION to Approve Settlement re: James G.
Kapralos, as Trustee of the James G. Kapralos
Trust by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreement)(Morello, Gianluca) (Entered:
02/19/2010)

02/19/2010

346

MOTION to Approve Settlement re: Raymond Hill
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Morello,
Gianluca) (Entered: 02/19/2010)

02/22/2010

347

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement (344). The Court approves
the written settlement agreement attached to the
motion entered into between the Receiver and
Argenta Fund, Ltd. Signed by Judge Richard A.
Lazzara on 2/22/2010. (SKH) (Entered: 02/22/2010)

02/22/2010

348

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement (345). The Court approves
the written settlement agreement attached to the
motion entered into between the Receiver and James
G. Kapralos, as Trustee of the James G. Kapralos
Trust. Signed by Judge Richard A. Lazzara on
2/22/2010. (SKH) (Entered: 02/22/2010)

02/22/2010

349

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement (346). The Court approves
the written settlement agreement attached to the
motion entered into between the Receiver and
Raymond Hill. Signed by Judge Richard A. Lazzara
on 2/22/2010. (SKH) (Entered: 02/22/2010)

02/25/2010

350

MOTION for miscellaneous relief, specifically to
Approve the Sale of the Woodland Heights
Subdivision Located in Thomasville, Georgia and
Agreement with Thomasville National Bank by
Burton W. Wiand. (Attachments: # 1 Text of

64

Proposed Order)(Morello, Gianluca) (Entered:
02/25/2010)
02/25/2010

351

DECLARATION of Burton W. Wiand, as Receiver
re 350 MOTION for miscellaneous relief,
specifically to Approve the Sale of the Woodland
Heights Subdivision Located in Thomasville,
Georgia and Agreement with Thomasville National
Bank by Burton W. Wiand. (Attachments: # 1
Exhibit 1 − Purchase and Sale and Agreement, # 2
Exhibit 2 − Agreement between TNB and B. Wiand,
# 3 Exhibit 3 − Legal Description of Woodland
Heights Subdivision, # 4 Exhibit 4 − Receiver's
Quitclaim Deed)(Morello, Gianluca) (Entered:
02/25/2010)

02/26/2010

352

ORDER granting 350 Motion to approve the sale of
Receivership property know as the Woodland
Heights Subdivision. Signed by Judge Richard A.
Lazzara on 2/26/2010. (See order) (MSS) (Entered:
02/26/2010)

03/01/2010

353

MOTION for miscellaneous relief, specifically to
Convey Property Located at 512 Paul Morris Drive,
Englewood, Florida by Burton W. Wiand.
(Attachments: # 1 Exhibit 1 − Proposed
Order)(Morello, Gianluca) (Entered: 03/01/2010)

03/01/2010

354

DECLARATION of Burton W. Wiand re 353
MOTION for miscellaneous relief, specifically to
Convey Property Located at 512 Paul Morris Drive,
Englewood, Florida by Burton W. Wiand. (Morello,
Gianluca) (Entered: 03/01/2010)

03/02/2010

355

ORDER granting 353 Unopposed Motion to convey
property located at 512 Paul Morris Drive,
Englewood, Florida. Signed by Judge Richard A.
Lazzara on 3/2/2010. (See order) (MSS) (Entered:
03/02/2010)

03/02/2010

356

Unopposed MOTION for miscellaneous relief,
specifically to Approve the Sale of 1997 Jeep
Wrangler by Burton W. Wiand. (Attachments: # 1
Exhibit A − Proposed Order, # 2 Exhibit B − Picture
of Jeep)(Morello, Gianluca) (Entered: 03/02/2010)

03/02/2010

357

ORDER granting 356 Unopposed Verified Motion
to approve sale of 1997 Jeep Wrangler. Signed by
Judge Richard A. Lazzara on 3/2/2010. (MSS)
(Entered: 03/02/2010)

03/04/2010

358

MOTION to Approve Settlement re: Gary Keller by
Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Lamont, Michael)
(Entered: 03/04/2010)

65

03/05/2010

359

ORDER ATTACHED granting 358 Receiver's
Motion to Approve Settlement with Gary Keller
(case no. 8:10−cv−88−T−17MAP). Signed by Judge
Richard A. Lazzara on 3/5/2010. (CCB) (Entered:
03/05/2010)

03/10/2010

360

MOTION to Approve Settlement re: Sanford H.
Webster and Mary S. Webster, as Trustees of the
Webster Revocable Trust dated 3−8−82 by Burton
W. Wiand. (Attachments: # 1 Exhibit A − Executed
Settlement Agreement)(Lamont, Michael) (Entered:
03/10/2010)

03/10/2010

361

ORDER attached granting 360 Receiver's Motion to
Approve Settlement with Sanford H. Webster and
Mary S. Webster (case no.
8:10−cv−72−T−17MAP). Signed by Judge Richard
A. Lazzara on 3/10/2010. (CCB) (Entered:
03/10/2010)

03/10/2010

362

STATUS REPORT Receiver's Fifth Interim Report
(11/1/09−1/31/10) by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Standardized Fund
Accounting Report 11/1/09−1/31/10)(Morello,
Gianluca) (Entered: 03/10/2010)

03/15/2010

363

MOTION to Approve Settlement re: Kenneth
Ackerman by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement Agreement re
Kenneth Ackerman)(Lamont, Michael) (Entered:
03/15/2010)

03/15/2010

364

ORDER ATTACHED granting 363 Motion to
Approve Settlement between the Receiver and
Kenneth Ackerman. Signed by Judge Richard A.
Lazzara on 3/15/2010. (SKH) (Entered: 03/15/2010)

03/17/2010

365

MOTION to Approve Settlement re: Paula J.
Woods and Janine L. Stiffler, individually and as
Co−Trustees of the Paul W. Albro Revocable
Family Trust U/A Dtd 05−28−83 by Burton W.
Wiand. (Attachments: # 1 Exhibit A − Executed
Settlement Agreement)(Lamont, Michael) (Entered:
03/17/2010)

03/17/2010

366

ORDER ATTACHED granting 365 Motion to
Approve Settlement between the Receiver and Paula
J. Woods and Janine L. Stiffler, individually, and as
Co−Trustees of the Paul W. Albro Revocable
Family Trust U/A Dtd 05−28−83. Signed by Judge
Richard A. Lazzara on 3/17/2010. (SKH) (Entered:
03/17/2010)

03/18/2010

367

MOTION to Approve Settlement re: Brian Gordon
and Zachary Gordon by Burton W. Wiand.

66

(Attachments: # 1 Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
03/18/2010)
03/18/2010

369

ORDER of USCA ENTRY OF DISMISSAL as to
235 Notice of appeal filed by William F Bishop.
EOD: 03/16/10; Issued as mandate. USCA number:
09−16007−HH. (JMS) (Entered: 03/19/2010)

03/19/2010

368

ORDER ATTACHED granting 367 Motion to
Approve Settlement between the Receiver and Brian
Gordon and Zachary Gordon. Signed by Judge
Richard A. Lazzara on 3/19/2010. (SKH) (Entered:
03/19/2010)

03/23/2010

370

Unopposed MOTION for miscellaneous relief,
specifically to Approve the Sale of 2006 Subaru
Outback Legacy by Burton W. Wiand.
(Attachments: # 1 Text of Proposed Order)(Morello,
Gianluca) (Entered: 03/23/2010)

03/24/2010

371

ORDER granting 370 Motion to approve sale of
2006 Subaru Outback Legacy. Signed by Judge
Richard A. Lazzara on 3/24/2010. (MSS) (Entered:
03/24/2010)

03/25/2010

372

MOTION to Approve Settlement re: David Quade
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement re Quade, # 2
Exhibit B − Executed Settlement Agreement re
Quade and Schuster)(Lamont, Michael) (Entered:
03/25/2010)

03/25/2010

373

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement (Dkt. 372). The Court
approves the written settlement agreements attached
to the motion entered into between the Receiver and
David Quade and Susan Schuster. Signed by Judge
Richard A. Lazzara on 3/25/2010. (SKH) (Entered:
03/25/2010)

03/26/2010

374

MOTION to Approve Settlement re: Logan
Trucking, Inc. by Burton W. Wiand. (Attachments:
# 1 Exhibit A − Executed Settlement Agreement re
Logan Trucking, Inc.)(Lamont, Michael) (Entered:
03/26/2010)

03/26/2010

375

ORDER ATTACHED granting 374 Receiver's
Motion to Approve Settlement with Logan
Trucking, Inc. Signed by Judge Richard A. Lazzara
on 3/26/2010. (CCB) (Entered: 03/26/2010)

03/26/2010

376

MOTION to Approve Settlement re: John Klein, Jr.
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Lamont, Michael)

67

(Entered: 03/26/2010)
03/26/2010

377

ORDER ATTACHED granting 376 Receiver's
Motion to Approve Settlement with John Klein, Jr.
Signed by Judge Richard A. Lazzara on 3/26/2010.
(CCB) (Entered: 03/26/2010)

03/31/2010

378

MOTION to Approve Settlement re: Paul C. Smith
and Leonore Smith, as Co−Trustees of the Smith
Revocable Family Trust dtd 08/03/1989 by Burton
W. Wiand. (Attachments: # 1 Exhibit A − Executed
Settlement Agreement)(Lamont, Michael) (Entered:
03/31/2010)

04/01/2010

379

ORDER ATTACHED granting 378 Receiver's
Motion to Approve Settlement with Paul C. Smith
and Leonore Smith, as Co−Trustees of the Smith
Revocable Family Trust did 8/3/1989. Signed by
Judge Richard A. Lazzara on 4/1/2010. (CCB)
(Entered: 04/01/2010)

04/02/2010

380

MOTION to Approve Settlement re: William J.
Beard and R. Jean Beard, as Co−Trustees of the
William J. and R. Jean Beard Joint Trust by Burton
W. Wiand. (Attachments: # 1 Exhibit A − Executed
Settlement Agreement)(Lamont, Michael) (Entered:
04/02/2010)

04/02/2010

381

ORDER ATTACHED granting 380 Motion to
Approve Settlement between the Receiver and
William J. Beard and R. Jean Beard, as Co−Trustees
of the William J. and R. Jean Beard Joint Trust.
Signed by Judge Richard A. Lazzara on 4/2/2010.
(SKH) (Entered: 04/02/2010)

04/05/2010

382

MOTION to Approve Settlement re: Robert E.
Graetz by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
04/05/2010)

04/05/2010

383

ORDER ATTACHED granting 382 Motion to
Approve Settlement between the Receiver and
Robert Graetz. Signed by Judge Richard A. Lazzara
on 4/5/2010. (SKH) (Entered: 04/05/2010)

04/06/2010

384

MOTION to Approve Settlement re: Barbara
Edgecombe and Michael Scott Edgecombe by
Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Lamont, Michael)
(Entered: 04/06/2010)

04/07/2010

385

ORDER ATTACHED granting 384 Receiver's
Motion to Approve Settlement with Barbara
Edgecombe and Michael Scott Edgecombe. Signed

68

by Judge Richard A. Lazzara on 4/7/2010. (CCB)
(Entered: 04/07/2010)
04/07/2010

386

MOTION for Carl R. Nelson and Ashley Bruce
Trehan to withdraw as attorney by Burton W.
Wiand. (Nelson, Carl) (Entered: 04/07/2010)

04/07/2010

387

ENDORSED ORDER granting 386 Motion to
Withdraw as Attorney for Receiver. The clerk is
directed to term withdrawing counsel. Signed by
Judge Richard A. Lazzara on 4/7/2010. (CCB)
Modified on 4/7/2010 (SKH). (Entered: 04/07/2010)

04/13/2010

388

MOTION to Approve Settlement re: Michael Elkin
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement re Michael
Elkin)(Lamont, Michael) (Entered: 04/13/2010)

04/13/2010

389

ORDER ATTACHED granting 388 Receiver's
Motion to Approve Settlement with Michael Elkin.
Signed by Judge Richard A. Lazzara on 4/13/2010.
(CCB) (Entered: 04/13/2010)

04/20/2010

390

Unopposed MOTION for miscellaneous relief,
specifically to (1) Approve Procedure to Administer
Claims and Proof of Claim Form, (2) Establish
Deadline for Filing Proofs of Claim, and (3) Permit
Notice By Mail and Publication and Incorporated
Memorandum of Law by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Proof of Claim Form,
# 2 Exhibit B − Notice of Deadline Requiring Filing
of Proofs of Claim, # 3 Exhibit C − Proposed
Order)(Morello, Gianluca) (Entered: 04/20/2010)

04/21/2010

391

ORDER granting 390 Motion to approve procedure
to administer claims and proof of claim form, (2)
Establish deadline for filing proofs of claim, and (3)
Permit notice by mail and publication. Signed by
Judge Richard A. Lazzara on 4/21/2010. (see order)
(MSS) (Entered: 04/21/2010)

04/21/2010

392

UNOPPOSED FIFTH INTERIM MOTION for
order awarding attorney fees, costs and
reimbursement of costs to receiver and his
professional by Burton W. Wiand. (Attachments: #
1 Exhibit 1 Standard Fund accounting reports, # 2
Exhibit 2 Fourth Interim Report Part 1, # 3 Exhibit
2−2 Fourth Interim Report Part 2, # 4 Exhibit 3
Fifth Interim Report Part 1, # 5 Exhibit 3 Fifth
Interim Report Part 2, # 6 Exhibit 4, # 7 Exhibit 5, #
8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11
Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14
Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17
Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17 part 1, #

69

20 Exhibit 17 part 2, # 21 Exhibit 18, # 22 Exhibit
19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit
22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit
25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit
28, # 32 Exhibit 29, # 33 Exhibit 30 part 1, # 34
Exhibit 30 part 2, # 35 Exhibit 30 part 3, # 36
Exhibit 31, # 37 Exhibit 32, # 38 Exhibit 33
proposed order)(JLH) (Entered: 04/21/2010)
04/23/2010

393

MOTION to Approve Settlement re: Don Zinman
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement re Don
Zinman)(Lamont, Michael) (Entered: 04/23/2010)

04/23/2010

394

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement (393). The Court approves
the written settlement agreement attached to the
motion entered into between the Receiver and Don
Zinman. Signed by Judge Richard A. Lazzara on
4/23/2010. (SKH) (Entered: 04/23/2010)

04/23/2010

395

ORDER granting 392 Motion for attorney fees.
Signed by Judge Richard A. Lazzara on 4/23/2010.
(see order) (MSS) (Entered: 04/23/2010)

05/03/2010

396

MOTION to Approve Settlement re: Everett O.
Jones as trustee of the Lucy Lee Jones Trust dtd
2/23/90 by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
05/03/2010)

05/03/2010

397

ORDER ATTACHED granting 396 Receiver's
Motion to Approve Settlement with Everett O. Jones
as Trustee of the Lucy Lee Jones Trust dtd 2/23/90.
Signed by Judge Richard A. Lazzara on 5/3/2010.
(CCB) (Entered: 05/03/2010)

05/12/2010

398

MOTION to Approve Settlement re: Alliance
Equities, LLC by Burton W. Wiand. (Attachments: #
1 Exhibit A − Executed Settlement Agreement re
Alliance Equities, LLC)(Lamont, Michael)
(Entered: 05/12/2010)

05/12/2010

399

ORDER ATTACHED granting 398 the Receiver's
Motion to Approve Settlement with Alliance
Equities, LLC. Signed by Judge Richard A. Lazzara
on 5/12/2010. (CCB) (Entered: 05/12/2010)

05/17/2010

05/20/2010

Mail returned as Undeliverable re: 397 Order on
Motion to Approve Settlement. Mail resent to
Arthur Nadel. (JLH) (Entered: 05/17/2010)
400

MOTION to Approve Settlement re: Gail Ensinger,
as Trustee of the Gail Ensinger Trust by Burton W.

70

Wiand. (Attachments: # 1 Exhibit A − Executed
Settlement Agreement)(Lamont, Michael) (Entered:
05/20/2010)
05/20/2010

401

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement 400 . The Court approves the
written settlement agreement attached to the motion
entered into between the Receiver and Gail
Ensinger, as Trustee of the Gail Ensinger Trust.
Signed by Judge Richard A. Lazzara on 5/20/2010.
(SKH) (Entered: 05/20/2010)

05/25/2010

402

MOTION to Approve Settlement re: Jose Rodriguez
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Lamont, Michael)
(Entered: 05/25/2010)

05/25/2010

403

MOTION to Approve Settlement re: William
Hirons, as Trustee of the William Hirons Revocable
Trust by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
05/25/2010)

05/26/2010

404

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement (402). The Court approves
the written settlement agreement attached to the
motion entered into between the Receiver and Jose
Rodriguez. Signed by Judge Richard A. Lazzara on
5/26/2010. (SKH) (Entered: 05/26/2010)

05/26/2010

405

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement (403). The Court approves
the written settlement agreement attached to the
motion entered into between the Receiver and
William Hirons, as Trustee of the William Hirons
Revocable Trust. Signed by Judge Richard A.
Lazzara on 5/26/2010.(SKH) (Entered: 05/26/2010)

05/28/2010

406

MOTION to Approve Settlement re: Nanette Mock
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Lamont, Michael)
(Entered: 05/28/2010)

05/28/2010

407

ORDER ATTACHED granting 406 Receiver's
Motion to Approve Settlement with Nanette Mock
(Case No. 8:10−cv−128−T−17MAP). Signed by
Judge Richard A. Lazzara on 5/28/2010. (CCB)
(Entered: 05/28/2010)

06/02/2010

408

MOTION to Approve Settlement re: Wilbur B.
Sypherd, individually and as Co−Trustee of the
Sypherd Revocable Family Trust Dated 12/15/89,
and Sharon Sypherd as Co−Trustee of the Sypherd
Revocable Family Trust Dated 12/15/89 by Burton

71

W. Wiand. (Attachments: # 1 Exhibit A − Executed
Settlement Agreement)(Lamont, Michael) (Entered:
06/02/2010)
06/03/2010

409

ORDER ATTACHED granting 408 Receiver's
Motion to Approve Settlement with Wilbur B.
Sypherd and Sharon Sypherd, both individually and
as Co−Trustees of the Sypherd Revocable Family
Trust dated 12/15/89, and associated with case no.
8:10−cv−174−T−17MAP. Signed by Judge Richard
A. Lazzara on 6/3/2010. (CCB) (Entered:
06/03/2010)

06/11/2010

410

MOTION to Approve Settlement re: Jason
Investment Co., LLC by Burton W. Wiand.
(Attachments: # 1 Exhibit A− Executed Settlement
Agreement)(Lamont, Michael) (Entered:
06/11/2010)

06/11/2010

411

MOTION to Approve Settlement re: Bruce Wilson
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Lamont, Michael)
(Entered: 06/11/2010)

06/11/2010

412

ORDER ATTACHED granting 410 Receiver's
Motion to Approve Settlement with Jason
Investment Co., LLC, and associated with
8:10−cv−87−T−17MAP. Signed by Judge Richard
A. Lazzara on 6/11/2010. (CCB) Modified on
6/11/2010 (CB). (Entered: 06/11/2010)

06/11/2010

413

ORDER ATTACHED granting 411 Receiver's
Motion to Approve Settlement with Bruce Wilson
and associated with 8:10−cv−115−T17MAP. Signed
by Judge Richard A. Lazzara on 6/11/2010. (CCB)
(Entered: 06/11/2010)

06/14/2010

414

MOTION to Approve Settlement re: June
Cunningham, individually and as Trustee of the
Dale Cunningham Trust by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
06/14/2010)

06/14/2010

415

ORDER ATTACHED granting 414 Receiver's
Motion to Approve Settlement with June
Cunningham, individually and as Trustee of the
Dale Cunningham Trust. Signed by Judge Richard
A. Lazzara on 6/14/2010. (CCB) (Entered:
06/14/2010)

06/16/2010

416

MOTION to quash Receiver's Subpoena to SunTrust
Bank by Donald H. Rowe. (Attachments: # 1
Exhibit 1)(Moe, Anne−Leigh) (Entered:
06/16/2010)

72

06/17/2010

417

ENDORSED ORDER: The Receiver is directed to
file a response to the Motion to Quash (Dkt. 416) on
or before June 23, 2010. Signed by Judge Richard
A. Lazzara on 6/17/2010. (CCB) (Entered:
06/17/2010)

06/17/2010

418

NOTICE of Hearing on Motion to Quash (Dkt. 416)
set for Friday, June 25, 2010 at 10:30 AM in Tampa
Courtroom 15 B before Judge Richard A. Lazzara.
(CCB) (Entered: 06/17/2010)

06/21/2010

419

NOTICE by Donald H. Rowe of Filing Motion for
Protective Order in Related Case (Attachments: # 1
Motion for Entry of Protective Order, # 2 Exhibit
"A" to Motion for Entry of Protective Order, # 3
Exhibit "B" to Motion for Entry of Protective
Order)(Cox, Karen) (Entered: 06/21/2010)

06/23/2010

420

RESPONSE in opposition re 416 MOTION to quash
Receiver's Subpoena to SunTrust Bank filed by
Burton W. Wiand. (Morello, Gianluca) (Entered:
06/23/2010)

06/23/2010

421

DECLARATION of Burton W. Wiand, as Receiver
re 420 Response in opposition to motion by Burton
W. Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit
B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6
Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit
I)(Morello, Gianluca) (Entered: 06/23/2010)

06/23/2010

422

NOTICE by Burton W. Wiand of Filing Magistrate
Judge Mark A. Pizzo's Order denying Defendants'
Motion for entry of a Protective Order in Related
Case (Attachments: # 1 Order denying Defendants'
Motion for entry of a Protective Order)(Morello,
Gianluca) (Entered: 06/23/2010)

06/23/2010

423

RESPONSE in opposition re 416 MOTION to quash
Receiver's Subpoena to SunTrust Bank and Joining
in Receiver's Response filed by Securities and
Exchange Commission. (Masel, Scott) (Entered:
06/23/2010)

06/24/2010

424

ORDER ATTACHED denying 416 Motion to
Quash. Signed by Judge Richard A. Lazzara on
6/24/2010. (CCB) (Entered: 06/24/2010)

06/24/2010

425

NOTICE cancelling discovery hearing scheduled for
Friday, June 25, 2010. (CCB) (Entered: 06/24/2010)

06/25/2010

426

MOTION to Approve Settlement re: David Cava,
as Trustee of the Edmund Cava Trust, et al. by
Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Lamont, Michael)
(Entered: 06/25/2010)

73

06/25/2010

427

MOTION to Approve Settlement re: Long Island
Market Neutral Fund and ABN AMRO Bank N.V.
n/k/a The Royal Bank of Scotland N.V. by Burton
W. Wiand. (Attachments: # 1 Exhibit A − Executed
Settlement Agreement)(Lamont, Michael) (Entered:
06/25/2010)

06/26/2010

428

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement (426). The Court approves
the written settlement agreement attached to the
motion. Signed by Judge Richard A. Lazzara on
6/26/2010. (SKH) (Entered: 06/26/2010)

06/26/2010

429

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement (427). The Court approves
the written settlement agreement attached to the
motion. Signed by Judge Richard A. Lazzara on
6/26/2010. (SKH) (Entered: 06/26/2010)

07/06/2010

430

MOTION for miscellaneous relief, specifically for
Leave to Depose Incarcerated Defendant by
Securities and Exchange Commission.
(Attachments: # 1 Text of Proposed Order)(Masel,
Scott) (Entered: 07/06/2010)

07/07/2010

431

ORDER granting 430 Motion to depose Arthur
Nadel. Signed by Judge Richard A. Lazzara on
7/7/2010. (MSS) (Entered: 07/07/2010)

07/09/2010

432

Unopposed MOTION for miscellaneous relief,
specifically Approve the Sale of 1971 Cherokee
Piper PA−28−140 Aircraft Receiver's Unopposed
Verified Motion to Approve the Sale of 1971
Cherokee Piper PA−28−140 Aircraft by Burton W.
Wiand. (Morello, Gianluca) (Entered: 07/09/2010)

07/12/2010

433

ORDER granting 432 sale of 1971 Cherokee Piper
Aircraft. Signed by Judge Richard A. Lazzara on
7/12/2010. (KIT) (Entered: 07/12/2010)

07/15/2010

434

Emergency MOTION for miscellaneous relief,
specifically (1) Possession of Funds and (2) Order to
Show Cause As To Why Marguerite Nadel, Michael
D. Zucker, and E. John Lopez Should Not Be Held
In Contempt by Burton W. Wiand. (Attachments: #
1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Exhibit D)(Morello, Gianluca) (Entered:
07/15/2010)

07/15/2010

435

ORDER scheduling hearing on Receiver's Verified
Motion for Possession of Funds and Motion for
Order to Show Cause. Hearing scheduled 7/19/2010
at 8:30 a.m., 801 N. Florida Ave., Chambers 15B,
Tampa, Florida. Receiver: see special mailing
instructions. Signed by Judge Richard A. Lazzara on

74

7/15/2010. (SKH) (Entered: 07/15/2010)
07/15/2010

436

NOTICE OF HEARING: Show Cause Hearing
scheduled Monday, July 19, 2010 at 8:30 a.m., in
Courtroom 15B before Judge Richard A. Lazzara.
(SKH) (Entered: 07/15/2010)

07/16/2010

437

SUPPLEMENT re 434 Emergency MOTION for
miscellaneous relief, specifically (1) Possession of
Funds and (2) Order to Show Cause As To Why
Marguerite Nadel, Michael D. Zucker, and E. John
Lopez Should Not Be Held In ContemptEmergency
MOTION for miscellaneous relief, specifically (1)
Possession of Funds and (2) Order to Show Cause
As To Why Marguerite Nadel, Michael D. Zucker,
and E. John Lopez Should Not Be Held In Contempt
by Burton W. Wiand. (Lamont, Michael) (Entered:
07/16/2010)

07/19/2010

438

Minute Entry. Proceedings held before Judge
Richard A. Lazzara: Show Cause Hearing held on
7/19/2010. Court Reporter: Claudia Spangler−Fry
(MSS) (Entered: 07/19/2010)

07/19/2010

439

ORDER ATTACHED denying [434 &437] Motion
for Possession of Funds and for Order to Show
Cause. Signed by Judge Richard A. Lazzara on
7/19/2010. (CCB) (Entered: 07/19/2010)

07/20/2010

440

ORDER that Arthur Nadel and Marguerite Nadel
shall cooperate with the Receiver. Signed by Judge
Richard A. Lazzara on 7/20/2010. (See attached
order for details)(MSS) (Entered: 07/20/2010)

07/20/2010

441

MOTION to Approve Settlement re: James R.
Mahoney by Burton W. Wiand. (Attachments: # 1
Exhibit A − Settlement Agreement)(Lamont,
Michael) (Entered: 07/20/2010)

07/20/2010

442

ORDER ATTACHED granting 441 Receiver's
Motion to Approve Settlement with James R.
Mahoney associated with case no.
8:10−cv−127−T17MAP. Signed by Judge Richard
A. Lazzara on 7/20/2010. (CCB) (Entered:
07/20/2010)

07/20/2010

443

MOTION to Approve Settlement re: Caryn Comer
and Christopher Comer by Burton W. Wiand.
(Attachments: # 1 Exhibit A−Settlement
Agreement)(Lamont, Michael) (Entered:
07/20/2010)

07/21/2010

444

ORDER ATTACHED granting 443 Receiver's
Motion to Approve Settlement with Caryn Comer
associated with Case No. 8:10−cv−207−T−17MAP

75

and with Christopher Comer associated with Case
No. 8:10−cv−95−T−17MAP. Signed by Judge
Richard A. Lazzara on 7/21/2010. (CCB) (Entered:
07/21/2010)
07/29/2010

445

Unopposed MOTION for miscellaneous relief,
specifically Approve Exchange of Warrants for
Common Stock of Bonds.com by Burton W. Wiand.
(Attachments: # 1 Exhibit A)(Lamont, Michael)
(Entered: 07/29/2010)

07/29/2010

446

MOTION to Approve Settlement re: Stephen Kraus
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Settlement Agreement)(Lamont, Michael) (Entered:
07/29/2010)

07/29/2010

447

ORDER ATTACHED granting 446 Receiver's
Motion to Approve Settlement with Stephen Kraus
and associated with 8:10−cv−137−T−17MAP.
Signed by Judge Richard A. Lazzara on 7/29/2010.
(CCB) (Entered: 07/29/2010)

07/29/2010

448

ORDER ATTACHED granting 445 Receiver's
Motion to Approve Exchange of Warrants for
Common Shares of Bonds.com. Signed by Judge
Richard A. Lazzara on 7/29/2010. (CCB) (Entered:
07/29/2010)

08/03/2010

449

Unopposed MOTION for miscellaneous relief,
specifically Approve the Sale of Real Property
Located in Newnan, Coweta County, Georgia by
Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2
Exhibit B)(Morello, Gianluca) (Entered:
08/03/2010)

08/03/2010

450

MOTION to Approve Settlement re: Anton Bruehl,
individually and as Trustee of the Bruehl Family
Trust by Burton W. Wiand. (Attachments: # 1
Exhibit A−Settlement Agreement)(Lamont,
Michael) (Entered: 08/03/2010)

08/04/2010

451

ORDER granting 449 Motion to approve the Sale of
Real property located in Newnan, Coweta County,
Georgia. Signed by Judge Richard A. Lazzara on
8/4/2010. (JLH) (Entered: 08/04/2010)

08/04/2010

452

ORDER ATTACHED granting 450 Receiver's
Motion to Approve Settlement with Anton Bruehl,
individually and as Trustee of the Bruehl Family
Trust. Signed by Judge Richard A. Lazzara on
8/4/2010. (CCB) (Entered: 08/04/2010)

08/09/2010

453

Unopposed MOTION for miscellaneous relief,
specifically Expand Receivership to Include Traders
Investment Club by Burton W. Wiand.

76

(Attachments: # 1 Declaration of Burton Wiand, As
Receiver, In Support of Motion to Expand, # 2
Exhibit A to Declaration of Burton Wiand In
Support of Motion to Expand)(Morello, Gianluca)
(Entered: 08/09/2010)
08/09/2010

454

ORDER ATTACHED granting 453 Receiver's
Motion to Expand Receivership to Include Traders
Investment Club. Signed by Judge Richard A.
Lazzara on 8/9/2010. (CCB) (Entered: 08/09/2010)

08/11/2010

455

NOTICE of Appearance by Michael A. Nardella on
behalf of LandMark Bank of Florida (Nardella,
Michael) (Entered: 08/11/2010)

08/17/2010

456

MOTION for Hearing and for Instructions by E.
John Lopez, Norton Hammersley Lopez &Skokos.
(Chapman, John) (Entered: 08/17/2010)

08/17/2010

457

MOTION to Approve Consent Judgment and Notice
of Filing Consent of Defendant Arthur Nadel by
Securities and Exchange Commission.
(Attachments: # 1 Consent of Defendant Arthur
Nadel, # 2 Text of Proposed Order (Proposed
Judgment of Permanent Injunction and Other Relief
As to Defendant Arthur Nadel))(Masel, Scott)
(Entered: 08/17/2010)

08/18/2010

458

ENDORSED ORDER granting 456 Motion for
Hearing. Hearing scheduled Friday, August 27,
2010, at 8:30 a.m. Signed by Judge Richard A.
Lazzara on 8/18/2010. (SKH) (Entered: 08/18/2010)

08/18/2010

459

NOTICE of Hearing: Hearing scheduled Friday,
August 27, 2010 at 8:30 a.m. in Courtroom 15B
before Judge Richard A. Lazzara on Movants'
request for in−camera hearing and court instruction.
(SKH) (Entered: 08/18/2010)

08/18/2010

460

JUDGMENT OF PERMANENT INJUNCTION
and other relief as to Defendant Arthur Nadel.
ORDER granting 457 Motion to Approve Consent
Judgment. Signed by Judge Richard A. Lazzara on
8/18/2010. (See order) (MSS) (Entered: 08/18/2010)

08/18/2010

461

JUDGMENT OF PERMANENT INJUNCTION
and other relief in favor of Securities and Exchange
Commission against Arthur Nadel (Signed by
Richard A. Lazzara) (JLH) (Entered: 08/18/2010)

08/18/2010

462

STATUS REPORT The Receiver's Sixth Interim
Report by Burton W. Wiand. (Attachments: # 1
Exhibit A, # 2 Exhibit B)(Morello, Gianluca)
(Entered: 08/18/2010)

77

08/18/2010

463

MOTION for protective order as to Subpoena Duces
Tecum, and Supporting Memorandum of Law by
IBERIABANK. (Rollins, Traci) (Entered:
08/18/2010)

08/18/2010

464

RESPONSE to motion re 456 MOTION for Hearing
and for Instructions filed by Burton W. Wiand.
(Attachments: # 1 Exhibit A, # 2 Exhibit
B)(Morello, Gianluca) (Entered: 08/18/2010)

08/19/2010

465

ENDORSED ORDER directing Burton W. Wiand
to respond to 463 Non−Party IberiaBank's Objection
and Motion for Protective Order as to Subpoena
Duces Tecum. Responses due by 8/26/2010 at 12:00
p.m., and scheduling hearing on the Motion on
Friday, August 27, 2010, at 8:30 a.m. Signed by
Judge Richard A. Lazzara on 8/19/2010. (SKH)
(Entered: 08/19/2010)

08/19/2010

466

NOTICE of Hearing on Motion 463 for Protective
Order as to Subpoena Duces Tecum: Motion
Hearing scheduled Friday, August 27, 2010 at 8:30
a.m., in Courtroom 15B before Judge Richard A.
Lazzara. (SKH) (Entered: 08/19/2010)

08/19/2010

467

ORDER ATTACHED denying 463 Motion for
protective order and cancelling hearing scheduled
on this motion on 8/27/2010 at 8:30 a.m. Signed by
Judge Richard A. Lazzara on 8/19/2010. (SKH)
(Entered: 08/19/2010)

08/20/2010

468

MOTION to Approve Settlement by Burton W.
Wiand. (Attachments: # 1 Exhibit A)(Morello,
Gianluca) (Entered: 08/20/2010)

08/23/2010

469

ORDER ATTACHED granting 468 Receiver's
Motion to Approve Settlement with Michael
Burgess associated with Case No.
8:10−cv−68−T−17MAP. Signed by Judge Richard
A. Lazzara on 8/23/2010. (CCB) (Entered:
08/23/2010)

08/27/2010

470

Minute Entry. Proceedings held before Judge
Richard A. Lazzara: Motion Hearing held on
8/27/2010 re 456 MOTION for Hearing and for
Instructions filed by E. John Lopez, Norton
Hammersley Lopez &Skokos. Court Reporter:
Claudia Spangler−Fry (MSS) (Entered: 08/27/2010)

08/27/2010

Sealed document S−2 (JLH) (Entered: 08/27/2010)

08/27/2010

Sealed document S−3 (JLH) (Entered: 08/27/2010)

08/30/2010

471

ORDER/NOTICE canceling pretrial conference
scheduled for 12/2/2010 and trial scheduled for

78

1/3/2011. (SKH) (Entered: 08/30/2010)
08/31/2010

472

NOTICE by E. John Lopez, Norton Hammersley
Lopez &Skokos and Request to Stop Electronic
Notice (Chapman, John) (Entered: 08/31/2010)

08/31/2010

473

MOTION to compel Production of Documents in
Compliance with Non−Party Subpoena by Burton
W. Wiand. (Attachments: # 1 Exhibit
A)**Attachment A image removed; personal
identifiers**(Lamont, Michael) Modified on
9/1/2010 (JLH). (Entered: 08/31/2010)

08/31/2010

474

ORDER ATTACHED denying without prejudice
for failure to comply with Local Rule 3.01(g) 473
Motion to Compel, directing parties to confer on or
before 9/3/2010, and directing the clerk to send copy
of attached order to nonparty counsel. Signed by
Judge Richard A. Lazzara on 8/31/2010. (CCB)
(Entered: 08/31/2010)

08/31/2010

475

MOTION to compel Production of Documents in
Compliance with Non−Party Subpoena by Burton
W. Wiand. (Attachments: # 1 Exhibit A)(Lamont,
Michael) (Entered: 08/31/2010)

09/01/2010

476

ENDORSED ORDER directing Managed Capital,
LLC to file an EXPEDITED RESPONSE to 475
Motion to Compel Production of Documents in
Compliance with Non−Party Subpoena. Responses
due on or before 12:00 p.m. on 9/2/2010.
EXPEDITED HEARING scheduled Friday,
September 3, 2010, at 8:30 a.m. Signed by Judge
Richard A. Lazzara on 9/1/2010. (SKH) (Entered:
09/01/2010)

09/01/2010

477

NOTICE of Expedited Hearing on Motion 475 to
Compel Production of Documents in Compliance
with Non−Party Subpoena: Motion Hearing set for
9/3/2010 at 8:30 AM in Tampa Courtroom 15 B
before Judge Richard A. Lazzara. (SKH) (Entered:
09/01/2010)

09/02/2010

478

ORDER that this letter is not accepted and matters
shall not be addressed or presented to the court in
the form of a letter. Al documents in proper form
shall be filed the the clerk and not with the
Judgment pursuant to Local Rule 3.01(f). The Clerk
is direct to return the above referenced document to
the submitting party. Signed by Judge Richard A.
Lazzara on 9/2/2010. (JLH) (Entered: 09/02/2010)

09/03/2010

479

MOTION for protective order by Donald H. Rowe.
(Cox, Karen) (Entered: 09/03/2010)

79

09/03/2010

480

Minute Entry. Proceedings held before Judge
Richard A. Lazzara: Motion Hearing held on
9/3/2010 475 MOTION to compel for Production of
Documents in Compliance with Non−Party
Subpoena filed by Burton W. Wiand and re 479
MOTION for protective order filed by Donald H.
Rowe. Court Reporter: Claudia Spangler−Fry
(MSS) (Entered: 09/03/2010)

09/03/2010

481

ORDER ATTACHED granting 475 Motion to
Compel and denying 479 Motion for Protective
Order. Signed by Judge Richard A. Lazzara on
9/3/2010. (CCB) (Entered: 09/03/2010)

09/07/2010

482

MOTION for protective order, MOTION to quash
Subpoena by Marguerite J. Nadel. (Attachments: # 1
Exhibit)(RFK) (Entered: 09/07/2010)

09/08/2010

483

ORDER ATTACHED denying 482 Motion for
Protective Order. Signed by Judge Richard A.
Lazzara on 9/8/2010. (CCB) (Entered: 09/08/2010)

09/08/2010

484

ORDER that in this action, Peg Nadel has sent a
letter addressed to the undersigned Judge. Upon
review, the document is found to be inappropriate
for filing in the following respect(s): Letters Not
Accepted/Non−filing with Judge: Matters shall not
be addressed or presented to the Court in the form of
a letter or the like. All documents, in proper form,
shall be filed with the Clerk of the Court and not
with the Judge thereof. See Local Rule 3.01(f)
Signed by Judge Richard A. Lazzara on 9/8/2010.
(AG) (Entered: 09/08/2010)

09/14/2010

485

NOTICE by IBERIABANK to Stop Electronic
Notice (Rollins, Traci) (Entered: 09/14/2010)

09/15/2010

486

MOTION to Approve Settlement by Burton W.
Wiand. (Attachments: # 1 Exhibit Settlement
Agreement)(Lamont, Michael) (Entered:
09/15/2010)

09/15/2010

487

MOTION to Approve Settlement by Burton W.
Wiand. (Attachments: # 1 Exhibit Settlement
Agreement)(Lamont, Michael) (Entered:
09/15/2010)

09/16/2010

488

ORDER ATTACHED granting 486 Motion to
Approve Settlement with Gene Muehring and Karel
Muehring associated with 8:10−cv−173−T−17MAP.
Signed by Judge Richard A. Lazzara on 9/16/2010.
(CCB) (Entered: 09/16/2010)

09/16/2010

489

ORDER ATTACHED granting 487 Motion to
Approve Settlement with Daniel M. Fraser

80

associated with 8:10−cv−222−T17MAP. Signed by
Judge Richard A. Lazzara on 9/16/2010. (CCB)
(Entered: 09/16/2010)
09/22/2010

490

MOTION for miscellaneous relief, specifically To
Approve The Sale of 1977 Beech Baron B−55
Aircraft by Burton W. Wiand. (Attachments: # 1
Exhibit)(Morello, Gianluca) (Entered: 09/22/2010)

09/23/2010

491

ORDER granting 490 Motion to approve sale of
1977 Beech Baron B−55 aircraft. The Receiver is
hereby authorized to sell. Signed by Judge Richard
A. Lazzara on 9/23/2010. (JLH) (Entered:
09/23/2010)

09/23/2010

492

Unopposed MOTION for miscellaneous relief,
specifically Reappoint Receiver by Burton W.
Wiand. (Attachments: # 1 Exhibit 1 − Order
Reappointing Receiver)(Morello, Gianluca)
(Entered: 09/23/2010)

09/23/2010

493

ORDER Reappointing receiver. (see order for
further details). Signed by Judge Richard A. Lazzara
on 9/23/2010. (JLH) (Entered: 09/23/2010)

09/24/2010

494

TRANSCRIPT of Motion Hearing held on 9/3/10
before Judge Richard A. Lazzara. Court Reporter
Claudia Spangler−Fry,Telephone number
813−301−5575. Transcript may be viewed at the
court public terminal or purchased through the Court
Reporter before the deadline for Release of
Transcript Restriction. After that date it may be
obtained through PACER or purchased through the
Court Reporter. Redaction Request due 10/15/2010,
Redacted Transcript Deadline set for 10/25/2010,
Release of Transcript Restriction set for 12/23/2010.
(CS) (Entered: 09/24/2010)

09/24/2010

495

NOTICE to counsel of filing of OFFICIAL
TRANSCRIPT. The parties have seven (7) calendar
days to file with the court a Notice of Intent to
Request Redaction of this transcript. If no such
Notice is filed, the transcript may be made remotely
electronically available to the public without
redaction after 90 calendar days. Any party needing
a copy of the transcript to review for redaction
purposes may purchase a copy from the court
reporter or view the document at the clerk's office
public terminal. Court Reporter: Claudia
Spangler−Fry (CS) (Entered: 09/24/2010)

10/07/2010

496

Unopposed MOTION for attorney fees Receiver's
Unopposed Sixth Interim Motion for Order
Awarding Fees, Costs, and Reimbursement of Costs

81

to Receiver and His Professionals by Burton W.
Wiand. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, #
3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit
6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10
Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13
Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16
Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19
Exhibit 19, # 20 Exhibit 20, # 21 Exhibit
21)(Morello, Gianluca) (Entered: 10/07/2010)
10/12/2010

497

ORDER granting 496 Motion for attorney fees.
Signed by Judge Richard A. Lazzara on 10/12/2010.
(see order) (MSS) (Entered: 10/12/2010)

10/15/2010

498

Unopposed MOTION for miscellaneous relief,
specifically Status Conference by Burton W. Wiand.
(Morello, Gianluca) (Entered: 10/15/2010)

10/18/2010

499

MOTION for miscellaneous relief, specifically for
Leave to Agree to Restructuring Transactions with
Bonds.com by Burton W. Wiand. (Morello,
Gianluca) (Entered: 10/18/2010)

10/19/2010

500

ORDER ATTACHED granting 499 Motion for
Leave to Agree to Restructuring Transactions with
Bonds.com. Signed by Judge Richard A. Lazzara on
10/19/2010. (CCB) (Entered: 10/19/2010)

10/19/2010

501

ORDER ATTACHED granting 498 Motion for
Status Conference. Signed by Judge Richard A.
Lazzara on 10/19/2010. (CCB) (Entered:
10/19/2010)

10/19/2010

502

NOTICE of Hearing: Status Conference set for
Thursday, 10/28/2010, at 10:00 AM in Tampa
Courtroom 15 B before Judge Richard A.
Lazzara.(CCB) (Entered: 10/19/2010)

10/19/2010

503

MOTION to Approve Settlement re: Irvin Fagin by
Burton W. Wiand. (Attachments: # 1 Exhibit A −
Settlement Agreement)(Lamont, Michael) (Entered:
10/19/2010)

10/19/2010

504

ORDER ATTACHED granting 503 Receiver's
Motion to Approve Settlement with Irvin Fagin
associated with Case no. 8:10−cv163−T−17MAP.
Signed by Judge Richard A. Lazzara on 10/19/2010.
(CCB) (Entered: 10/19/2010)

10/19/2010

505

**INCORRECT EVENT CODE; COUNSEL TO
REFILE AS A MOTION** NOTICE by Managed
Capital, LLC of Intent to Withdraw (Brown,
Gregory) Modified on 10/20/2010 (JLH). (Entered:
10/19/2010)

82

10/19/2010

506

MOTION to Approve Settlement re: Kelvin Lee,
Individually and as Trustee of the Nancy E. Lee
Trust dtd 12/1/1987, and Barbara Lee, Individually
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Settlement Agreement, # 2 Exhibit B − Settlement
Agreement)(Lamont, Michael) (Entered:
10/19/2010)

10/19/2010

507

NOTICE of Appearance by Thomas R. Yaegers on
behalf of LandMark Bank of Florida (Yaegers,
Thomas) (Entered: 10/19/2010)

10/20/2010

508

ORDER ATTACHED granting 506 Receiver's
Motion to Approve Settlement with Kelvin Lee, et
al., associated with Case nos.
8:10−cv−210−T−17MAP,
8:10−cv−211−T−17MAP, and
8:10−cv−251−T−17MAP. Signed by Judge Richard
A. Lazzara on 10/20/2010. (CCB) (Entered:
10/20/2010)

10/28/2010

509

Minute Entry. Proceedings held before Judge
Richard A. Lazzara: Status Conference held on
10/28/2010. Court Reporter: Sandra K. Lee (MSS)
(Entered: 10/28/2010)

10/29/2010

510

MOTION for Gregory P. Brown to withdraw as
attorney by Managed Capital, LLC. (Brown,
Gregory) (Entered: 10/29/2010)

10/29/2010

511

ENDORSED ORDER granting 510 Motion to
Withdraw as Attorney. The clerk is directed to term
the attorney from the docket. Signed by Judge
Richard A. Lazzara on 10/29/2010. (CCB) (Entered:
10/29/2010)

11/03/2010

512

MOTION to Approve Settlement re: Yaz Bilimoria
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Lamont, Michael)
(Entered: 11/03/2010)

11/03/2010

513

MOTION to Approve Settlement re: Ronald Thauer
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Lamont, Michael)
(Entered: 11/03/2010)

11/03/2010

514

ORDER ATTACHED granting 512 Receiver's
Motion to Approve Settlement with Yaz Bilimoria
associated with Case No. 8:10−cv−78−T−17MAP.
Signed by Judge Richard A. Lazzara on 11/3/2010.
(CCB) (Entered: 11/03/2010)

11/03/2010

515

ORDER ATTACHED granting 513 Receiver's
Motion to Approve Settlement with Ronald Thauer
associated with Case No. 8:10−cv−124−T−17MAP.

83

Signed by Judge Richard A. Lazzara on 11/3/2010.
(CCB) (Entered: 11/03/2010)
11/05/2010

516

Unopposed MOTION to Approve Settlement re:
Sharon Moody, individually and as Trustee of the
Sharon G. Moody Revocable Trust by Burton W.
Wiand. (Attachments: # 1 Exhibit A − Executed
Settlement Agreement)(Morello, Gianluca)
(Entered: 11/05/2010)

11/08/2010

517

ORDER ATTACHED granting 516 Receiver's
Motion to Approve Settlement with Sharon G.
Moody, individually and as Trustee of the Sharon G.
Moody Revocable Trust, associated with Case No.
8:10−cv−249−T−17MAP. Signed by Judge Richard
A. Lazzara on 11/8/2010. (CCB) (Entered:
11/08/2010)

11/08/2010

518

MOTION to Approve Settlement re: Gaylord
Brooks Investment, LLC by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
11/08/2010)

11/08/2010

519

MOTION to Approve Settlement re: Richard
Moore, Thomas Moore, and Richard DiBerardo, as
Co−Trustees of the Family Trust u/w Reverly A.
Moore by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
11/08/2010)

11/08/2010

520

MOTION to Approve Settlement re: Richard Moore
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Lamont, Michael)
(Entered: 11/08/2010)

11/08/2010

521

MOTION to Approve Settlement re: Jeffrey Wilson
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Lamont, Michael)
(Entered: 11/08/2010)

11/08/2010

522

MOTION to Approve Settlement re: Currituck
Capital, LLC by Burton W. Wiand. (Attachments: #
1 Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
11/08/2010)

11/08/2010

523

MOTION to Approve Settlement re: Kathryn H.
Scribner by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
11/08/2010)

11/08/2010

524

84

MOTION to Approve Settlement re: Nicholas
Lombardozzi and Lisa Lombardozzi by Burton W.
Wiand. (Attachments: # 1 Exhibit A − Executed
Settlement Agreement)(Lamont, Michael) (Entered:
11/08/2010)
11/09/2010

525

ORDER ATTACHED granting 522 Receiver's
Motion to Approve Settlement with Currituck
Capital, LLC, associated with Case No.
8:10−cv−93−T−17MAP. Signed by Judge Richard
A. Lazzara on 11/9/2010. (CCB) (Entered:
11/09/2010)

11/09/2010

526

ORDER ATTACHED granting 523 Receiver's
Motion to Approve Settlement with Kathryn H.
Scribner associated with Case No.
8:10−cv−131−T−17MAP. Signed by Judge Richard
A. Lazzara on 11/9/2010. (CCB) (Entered:
11/09/2010)

11/09/2010

527

ORDER ATTACHED granting 524 Receiver's
Motion to Approve Settlement with Nicholas
Lombardozzi and Lisa Lombardozzi associated with
Case No. 8:10−cv−70−T−17MAP. Signed by Judge
Richard A. Lazzara on 11/9/2010. (CCB) (Entered:
11/09/2010)

11/09/2010

528

ORDER ATTACHED granting Receiver s Motion
to Approve Settlement (518). The Court approves
the written settlement agreement attached to the
motion entered into between the Receiver and
Gaylord Brooks Investment, LLC. Signed by Judge
Richard A. Lazzara on 11/9/2010. (SKH) (Entered:
11/09/2010)

11/09/2010

529

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement (519). The Court approves
the written settlement agreement attached to the
motion entered into between the Receiver and
Richard Moore, Thomas Moore, Richard DiBerardo,
as Co−Trustees of the Family Trust u/w Reverly A.
Moore. Signed by Judge Richard A. Lazzara on
11/9/2010. (SKH) (Entered: 11/09/2010)

11/09/2010

530

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement (520). The Court approves
the written settlement agreement attached to the
motion entered into between the Receiver and
Richard Moore. Signed by Judge Richard A.
Lazzara on 11/9/2010. (SKH) (Entered: 11/09/2010)

11/09/2010

531

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement (521). The Court approves
the written settlement agreement attached to the

85

motion entered into between the Receiver and
Jeffrey Wilson. Signed by Judge Richard A. Lazzara
on 11/9/2010. (SKH) (Entered: 11/09/2010)
11/17/2010

532

MOTION to Approve Settlement re: Mark
Neubiesser by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
11/17/2010)

11/17/2010

533

ORDER ATTACHED granting 532 Receiver's
Motion to Approve Settlement with Mark
Neubiesser associated with Case No.
8:10−cv−133−T−17MAP. Signed by Judge Richard
A. Lazzara on 11/17/2010. (CCB) (Entered:
11/17/2010)

11/17/2010

534

Unopposed MOTION for miscellaneous relief,
specifically to Relinquish Possession of Certain
Artistic Prints by Burton W. Wiand. (Attachments: #
1 Exhibit A−Part 1, # 2 Exhibit A−Part 2, # 3
Exhibit A−Part 3, # 4 Exhibit A−Part 4, # 5 Exhibit
B−Appraisal, # 6 Exhibit C)(Morello, Gianluca)
(Entered: 11/17/2010)

11/17/2010

535

Second MOTION to Approve Settlement re: Jeffrey
Wilson by Burton W. Wiand. (Attachments: # 1
Exhibit A − Amended Settlement
Agreement)(Lamont, Michael) (Entered:
11/17/2010)

11/17/2010

536

Second MOTION to Approve Settlement re:
Richard Moore by Burton W. Wiand. (Attachments:
# 1 Exhibit A − Amended Settlement
Agreement)(Lamont, Michael) (Entered:
11/17/2010)

11/18/2010

537

ORDER ATTACHED granting 535 Receiver's
Motion to Approve Settlement with Jeffrey Wilson
associated with Case No. 8:10−cv−113−T−17MAP.
Signed by Judge Richard A. Lazzara on 11/18/2010.
(CCB) (Entered: 11/18/2010)

11/18/2010

538

ORDER ATTACHED granting 536 Receiver's
Motion to Approve Settlement with Richard Moore
associated with Case No. 8:10−cv−209−T−17MAP.
Signed by Judge Richard A. Lazzara on 11/18/2010.
(CCB) (Entered: 11/18/2010)

11/18/2010

539

ORDER ATTACHED granting 534 Receiver's
Unopposed Motion to Relinquish Possession of
Certain Artistic Prints. Signed by Judge Richard A.
Lazzara on 11/18/2010. (DMB) (Entered:
11/18/2010)

86

11/18/2010

540

STATUS REPORT Receiver's Seventh Interim
Report (5/1/10−9/30/10) by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Standardized Fund
Accounting Report, # 2 Exhibit B − Summary of C.
Moody Assets)(Morello, Gianluca) (Entered:
11/18/2010)

11/19/2010

541

MOTION to quash Subpoena by Donald H. Rowe.
(Attachments: # 1 Exhibit Exhibit 1 to Motion to
Quash Subpoena, # 2 Exhibit Exhibit 2 to Motion to
Quash Subpoena, # 3 Exhibit Exhibit 3 to Motion to
Quash Subpoena)(Savitz, Edward) (Entered:
11/19/2010)

11/22/2010

542

ORDER ATTACHED denying without prejudice
541 Motion to Quash and directing Rowe to comply
with the subpoena no later than noon 12/6/2010.
Signed by Judge Richard A. Lazzara on 11/22/2010.
(CCB) (Entered: 11/22/2010)

12/01/2010

543

INCORRECT EVENT CODE; COUNSEL
NOTIFIED TO REFILE** NOTICE OF
REMOVAL by City of Venice Notice of
Withdrawal from Case (Hildreth, Mark) Modified
on 12/1/2010 (JLH). (Entered: 12/01/2010)

12/02/2010

544

MOTION for protective order by Donald H. Rowe.
(Attachments: # 1 Exhibit Exhibit 1 to Rowe's
Motion for Protective Order, # 2 Exhibit Composite
Exhibit 2 to Rowe's Motion for Protective Order, # 3
Exhibit Exhibit 3 to Rowe's Motion for Protective
Order, # 4 Exhibit Exhibit 4 to Rowe's Motion for
Protective Order)(Moe, Anne−Leigh) (Entered:
12/02/2010)

12/02/2010

545

MOTION to Approve Settlement re: Michael
Brown by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
12/02/2010)

12/02/2010

546

MOTION to Approve Settlement re: Henry A.
Stumpf, John McCord, and Kirk O. Broberg, as
Co−Trustees of the Daley Investment Trust by
Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Lamont, Michael)
(Entered: 12/02/2010)

12/02/2010

547

MOTION to Approve Settlement re: Wing Y. Chin
and Margaret Chin, as Co−Trustees of the Wing Y.
and Margaret Chin Revocable Trust by Burton W.
Wiand. (Attachments: # 1 Exhibit A − Executed
Settlement Agreement)(Lamont, Michael) (Entered:
12/02/2010)

87

12/02/2010

548

ORDER directing Non−Party Rowe to file with this
Court on or before 12/6/2010, a detailed privilege
log in strict compliance with the Federal Rules of
Civil Procedure with regard to the documents and
information he claims are protected from disclosure
by either the attorney−client privilege or the work
product privilege; and ORDER directing the
Receiver to respond to 544 Non−Party Rowe's
Motion for Protective Order on or before 12/9/2010.
The Court will conduct a hearing on the motion on
Monday, December 13, 2010, at 10:00 a.m. Signed
by Judge Richard A. Lazzara on 12/2/2010. (SKH)
(Entered: 12/02/2010)

12/02/2010

549

NOTICE of Hearing on Motion 544 for protective
order: Motion Hearing scheduled Monday,
December 13, 2010 at 10:00 a.m., in Courtroom
15B before Judge Richard A. Lazzara. (SKH)
(Entered: 12/02/2010)

12/02/2010

550

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement 545 . The Court approves the
written settlement agreement attached to the motion
entered into between the Receiver and Michael
Brown (Case No: 8:10−cv−73−T−17MAP). Signed
by Judge Richard A. Lazzara on 12/2/2010. (SKH)
(Entered: 12/02/2010)

12/02/2010

551

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement 546 . The Court approves the
written settlement agreement attached to the motion
entered into between the Receiver and Henry A.
Stumpf, John McCord, and Kirk O. Broberg, as
Co−Trustees of the Daley Investment Trust (Case
No: 8:10−cv−208−T−17MAP). Signed by Judge
Richard A. Lazzara on 12/2/2010. (SKH) (Entered:
12/02/2010)

12/02/2010

552

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement 547 . The Court approves the
written settlement agreement attached to the motion
entered into between the Receiver and Wing Y.
Chin and Margaret Chin, as Co−Trustees of the
Wing Y. and Margaret Chin Revocable Trust (Case
No: 8:10−cv−158−T−17MAP). Signed by Judge
Richard A. Lazzara on 12/2/2010. (SKH) (Entered:
12/02/2010)

12/03/2010

553

ORDER ATTACHED supplementing order at
docket 548. Signed by Judge Richard A. Lazzara on
12/3/2010. (CCB) (Entered: 12/03/2010)

12/06/2010

554

MOTION for Mark D. Hildreth to withdraw as
attorney and Request to Stop Electronic Notice by

88

City of Venice. (Hildreth, Mark) (Entered:
12/06/2010)
12/06/2010

555

MOTION to Approve Settlement re: Randie
Ekenberg, et al. by Burton W. Wiand. (Attachments:
# 1 Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
12/06/2010)

12/06/2010

556

MOTION to Approve Settlement re: Kathy C.
Humpert by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
12/06/2010)

12/06/2010

557

MOTION to Approve Settlement re: Merlyn W.V.
Lofgren by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreement)(Morello, Gianluca) (Entered:
12/06/2010)

12/06/2010

558

ENDORSED ORDER granting 554 Motion to
withdraw as attorney by Mark D. Hildreth. The
clerk is directed to remove Mr. Hildreth from
electronic notice. Signed by Judge Richard A.
Lazzara on 12/6/2010. (SKH) (Entered: 12/06/2010)

12/07/2010

559

ORDER ATTACHED granting 555 Receiver's
Motion to Approve Settlement with Randie
Ekenberg, associated with Case No.
8:10−cv−2144−T−17MAP. Signed by Judge
Richard A. Lazzara on 12/7/2010. (CCB) (Entered:
12/07/2010)

12/07/2010

560

ORDER ATTACHED granting 556 Receiver's
Motion to Approve Settlement with Kathy C.
Humpert, associated with Case No.
8:10−cv−2166−T−17MAP. Signed by Judge
Richard A. Lazzara on 12/7/2010. (CCB) (Entered:
12/07/2010)

12/07/2010

561

ORDER ATTACHED granting 557 Receiver's
Motion to Approve Settlement with Merlyn W.V.
Lofgren, associated with Case No.
8:10−cv−168−T−17MAP. Signed by Judge Richard
A. Lazzara on 12/7/2010. (CCB) (Entered:
12/07/2010)

12/07/2010

562

MOTION for Edward O. Savitz, Anne−Leigh
Gaylord Moe, Karen S. Cox to withdraw as attorney
by Donald H. Rowe. (Moe, Anne−Leigh) (Entered:
12/07/2010)

12/07/2010

563

MOTION to stay Deadlines re 562 MOTION for
Edward O. Savitz, Anne−Leigh Gaylord Moe,

89

Karen S. Cox to withdraw as attorney by Donald H.
Rowe. (Moe, Anne−Leigh) (Entered: 12/07/2010)
12/08/2010

564

ORDER ATTACHED regarding motions to
withdraw and stay. Signed by Judge Richard A.
Lazzara on 12/8/2010. (CCB) (Entered: 12/08/2010)

12/08/2010

565

NOTICE of Hearing on 563 Motion to Stay
Deadlines and 562 Motion for Edward O. Savitz,
Anne−Leigh Gaylord Moe, Karen S. Cox to
withdraw as attorney set for Friday, 12/10/2010 at
10:00 AM in Tampa Courtroom 15 B before Judge
Richard A. Lazzara. (CCB) (Entered: 12/08/2010)

12/09/2010

566

RESPONSE in opposition re 563 MOTION to stay
Deadlines re 562 MOTION for Edward O. Savitz,
Anne−Leigh Gaylord Moe, Karen S. Cox to
withdraw as attorney filed by Burton W. Wiand.
(Morello, Gianluca) (Entered: 12/09/2010)

12/09/2010

567

RESPONSE in opposition re 544 MOTION for
protective order filed by Burton W. Wiand.
(Attachments: # 1 Exhibit 1 − Subpoena, # 2 Exhibit
2 − Formica v. Rowe et al., Motion to
Dismiss)(Morello, Gianluca) (Entered: 12/09/2010)

12/10/2010

568

Minute Entry. Proceedings held before Judge
Richard A. Lazzara: Motion Hearing held on
12/10/2010 re 544 MOTION for protective order,
563 MOTION to stay Deadlines re 562 , MOTION
for Edward O. Savitz, Anne−Leigh Gaylord Moe,
Karen S. Cox to withdraw as attorney. Court
Reporter: Janie Gibbs (MSS) (Entered: 12/10/2010)

12/10/2010

569

ORDER denying 544 Motion for protective order.
Mr. Rowe to produce records to receiver on or
before 1/3/2011; granting 562 Motion to withdraw
as attorney. The firm of Bush Ross, P.A., are
relieved of any further responsibility to represent
Mr. and Mrs. Rowe and their related entities in this
action; denying as moot 563 Motion to stay. The
Court has given Mr. Rowe ample time to hire new
counsel before having to produce the subpoenaed
records. Signed by Judge Richard A. Lazzara on
12/10/2010. (SKH) (Entered: 12/10/2010)

12/10/2010

570

NOTICE canceling motion hearing scheduled for
12/13/2010 (MSS) (Entered: 12/10/2010)

12/10/2010

571

MOTION to Approve Settlement re: Stanley W.
Mason, Jr., individually, Stanley W. Mason, Jr. and
Doris A. Mason, as Trustees of the Stanley W.
Mason, Jr. and Doris A. Mason Trust Agreement
u/a/d September 24, 1998, and the Mason Family
Limited Partnership by Burton W. Wiand.

90

(Attachments: # 1 Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
12/10/2010)
12/10/2010

572

12/10/2010

MOTION to Approve Settlement re: KeyBank
National Association f/k/a Key Trust Company of
Ohio, N.A. as Trustee of the William H. Price, II
Revocable Dynasty Trust by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
12/10/2010)
Mail returned as Undeliverable re: 537 Order on
Motion to Approve Settlement, 539 Order on
Motion for Miscellaneous Relief, 538 Order on
Motion to Approve Settlement. Address update per
information on BOP website. Mail resent to Arthur
Nadel. (CD) (Entered: 12/13/2010)

12/13/2010

573

ORDER ATTACHED granting 571 Receiver's
Motion to Approve Settlement with Stanley W.
Mason, Jr.; Stanley W. Mason Jr. and Doris A.
Mason as Trustees; and the Mason Family Limited
Partnership associated with Case No.
8:10−cv−219−T−17MAP. Signed by Judge Richard
A. Lazzara on 12/13/2010. (CCB) (Entered:
12/13/2010)

12/13/2010

574

ORDER ATTACHED granting 572 Receiver's
Motion to Approve Settlement with KeyBank
National Association f/k/a Key Trust Compnay of
Ohio, N.A. as Trustee of the William H. Price, II
Revocable Dynasty Trust, associated with Case No.
8:10−cv−178−T−17MAP. Signed by Judge Richard
A. Lazzara on 12/13/2010. (CCB) (Entered:
12/13/2010)

12/13/2010

575

MOTION for miscellaneous relief, specifically for
leave to pay the mediator fees for the clawback
mediations already conducted, and for those yet to
be conducted, directly from funds in the
Receivership Estate by Burton W. Wiand. (Morello,
Gianluca) (Entered: 12/13/2010)

12/14/2010

576

ENDORSED ORDER granting 575 Motion
regarding Mediator Fees. Signed by Judge Richard
A. Lazzara on 12/14/2010. (CCB) (Entered:
12/14/2010)

12/15/2010

577

Unopposed MOTION for attorney fees Receiver's
Unopposed Seventh Interim Motion for Order
Awarding Fees, Costs, and Reimbursement of Costs
to Receiver and His Professionals by Burton W.
Wiand. (Attachments: # 1 Exhibit 1 − Standardized

91

Fund Accounting Report, # 2 Exhibit 2 − Receiver's
Seventh Interim Report, # 3 Exhibit 3 − Scoop
Receivership−Representation of Scoop
Receivership, # 4 Exhibit 4 − Scoop
Receivership−Recovery from Investors, # 5 Exhibit
5 − Scoop Receivership−Recovery of Assets from N
and C Moody, # 6 Exhibit 6 − Scoop
Receivership−Recovery of Commissions, # 7
Exhibit 7 − Scoop Receivership−Holland &Knight,
# 8 Exhibit 8 − Categorization and Summary of All
Costs Incurred By WGK, # 9 Exhibit 9 − Attorney
Fee Schedule, # 10 Exhibit 10 − Scoop Legal
Team−Scoop Capital, LLC Receivership, # 11
Exhibit 11 − Fowler White Invoice, # 12 Exhibit 12
− Scoop Legal Team−HFH v. Bishop, # 13 Exhibit
13 − Scoop Legal Team−Carolina Mtn Land
Conservancy, # 14 Exhibit 14 − Scoop Legal
Team−Recovery from Investors, # 15 Exhibit 15 −
Johnson Pope Invoice, # 16 Exhibit 16 − Scoop
Legal Team−Recovery of Assets from N and C
Moody, # 17 Exhibit 17 − Scoop Legal
Team−Recovery of Commissions, # 18 Exhibit 18 −
Scoop Legal Team−Holland &Knight, # 19 Exhibit
19 − PDR Invoices, # 20 Exhibit 20 − Riverside
Financial Group Invoices, # 21 Exhibit 21 −
E−Hounds, Inc. Invoices, # 22 Exhibit 22 − The
RWJ Group, LLC Invoices, # 23 Exhibit 23 −
Proposed Order)(Morello, Gianluca) (Entered:
12/15/2010)
12/15/2010

578

MOTION to Approve Settlement re: Gary Hill by
Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Lamont, Michael)
(Entered: 12/15/2010)

12/16/2010

579

ORDER ATTACHED granting 578 Receiver's
Motion to Approve Settlement with Gary Hill,
associated with Case No. 8:10−cv−109−T−17MAP.
Signed by Judge Richard A. Lazzara on 12/16/2010.
(CCB) (Entered: 12/16/2010)

12/16/2010

580

Unopposed MOTION for miscellaneous relief,
specifically to Approve the Sale of 1978 Cessna 152
Aircraft by Burton W. Wiand. (Attachments: # 1
Exhibit A − Proposed Order)(Morello, Gianluca)
(Entered: 12/16/2010)

12/16/2010

581

ORDER granting 580 Unopposed Verified Motion
to approve the sale of 1978 Cessna 152 Aircraft.
Signed by Judge Richard A. Lazzara on 12/16/2010.
(MSS) (Entered: 12/16/2010)

12/17/2010

582

ORDER granting 577 Motion for attorney fees.

92

Signed by Judge Richard A. Lazzara on 12/17/2010.
(MSS) (Entered: 12/17/2010)
01/05/2011

583

MOTION to Approve Settlement re: Mark A.
Timmick and Winners Circle Fund, L.P. by Burton
W. Wiand. (Attachments: # 1 Exhibit A)(Lamont,
Michael) (Entered: 01/05/2011)

01/05/2011

584

ORDER ATTACHED granting 583 Receiver's
Motion to Approve Settlement with Mark A.
Timmick and Winners Circle Fund, L.P., associated
with Case No. 8:10−cv−201−T−17MAP. Signed by
Judge Richard A. Lazzara on 1/5/2011. (CCB)
(Entered: 01/05/2011)

01/10/2011

585

MOTION to Approve Settlement re: Albert R.
Gaskill, Jr., as Trustee of the Albar Management
Profit Sharing Plan &Trust dtd 08/82 by Burton W.
Wiand. (Attachments: # 1 Exhibit A − Executed
Settlement Agreement)(Lamont, Michael) (Entered:
01/10/2011)

01/10/2011

586

ORDER ATTACHED granting 585 Receiver's
Motion to Approve Settlement with Albert R.
Gaskill, Jr., as Trustee of the Albar Management
Profit Sharing Plan &Trust dtd 08/82 associated
with Case No. 8:10−cv−143−T−17MAP. Signed by
Judge Richard A. Lazzara on 1/10/2011. (CCB)
(Entered: 01/10/2011)

01/11/2011

587

MOTION to quash Subpoena by DEUnit Trust
Associates, Carrelage Multi−Strategy Offshore
Fund, Ltd., David Ehrlich. (Attachments: # 1
Exhibit, # 2 Exhibit)(Holmes, David) (Entered:
01/11/2011)

01/12/2011

588

ORDER ATTACHED denying as moot 587 Motion
to Quash. Signed by Judge Richard A. Lazzara on
1/12/2011. (CCB) (Entered: 01/12/2011)

01/18/2011

589

MOTION to Approve Settlement re: James A.W.
Cook by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
01/18/2011)

01/18/2011

590

ORDER ATTACHED granting 589 Receiver's
Motion to Approve Settlement with James A.W.
Cook associated with Case No.
8:10−cv−94−T−17MAP. Signed by Judge Richard
A. Lazzara on 1/18/2011. (CCB) (Entered:
01/18/2011)

01/19/2011

591

MOTION to Approve Settlement re: Lobdell
Multi−Focus Fund, L.P. by Burton W. Wiand.

93

(Attachments: # 1 Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
01/19/2011)
01/19/2011

592

ORDER ATTACHED granting 591 Receiver's
Motion to Approve Settlement with Lobdell
Multi−Focus Fund, L.P. associated with Case No.
8:10−cv−129−T−17MAP. Signed by Judge Richard
A. Lazzara on 1/19/2011. (CCB) (Entered:
01/19/2011)

01/25/2011

593

MOTION to Approve Settlement re: Richard Fagin,
individually and as Trustee of the Richard Fagin
Trust 1994 by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
01/25/2011)

01/26/2011

594

ORDER ATTACHED granting 593 Receiver's
Motion to Approve Settlement with Richard Fagin,
individually and as Trustee of the Richard Fagin
Trust 1994 associated with Case No.
8:10−cv−183−T−17MAP. Signed by Judge Richard
A. Lazzara on 1/26/2011. (CCB) (Entered:
01/26/2011)

01/26/2011

595

MOTION to Approve Settlement re: Eric A. Kaye
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Lamont, Michael)
(Entered: 01/26/2011)

01/27/2011

596

ORDER ATTACHED granting 595 Receiver's
Motion to Approve Settlement with Eric A. Kaye
associated with Case No. 8:10−cv−132−T−17MAP.
Signed by Judge Richard A. Lazzara on 1/27/2011.
(CCB) (Entered: 01/27/2011)

02/01/2011

597

MOTION to Approve Settlement re: Paul Farley by
Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Lamont, Michael)
(Entered: 02/01/2011)

02/01/2011

598

ORDER ATTACHED granting 597 Receiver's
Motion to Approve Settlement with Paul Farley
associated with Case No. 8:10−cv−145−T−17MAP.
Signed by Judge Richard A. Lazzara on 2/1/2011.
(CCB) (Entered: 02/01/2011)

02/18/2011

599

Unopposed MOTION for miscellaneous relief,
specifically approve the Sale of Real Property
located at 2433 West Main Street, Tupelo, Lee
County, Mississippi 38801 by Burton W. Wiand.
(Attachments: # 1 Exhibit 1 − Proposed Order, # 2
Exhibit 2 − Agreement)(Morello, Gianluca)
(Entered: 02/18/2011)

94

02/21/2011

600

MOTION to Approve Settlement re: Michael
Corcione by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
02/21/2011)

02/22/2011

601

ORDER granting 599 Motion approve the Sale of
Real Property located at 2433 West Main Street,
Tupelo, Lee County, Mississippi 38801; See order
for further details.. Signed by Judge Richard A.
Lazzara on 2/22/2011. (JLH) (Entered: 02/22/2011)

02/22/2011

602

ORDER ATTACHED granting 600 Receiver's
Motion to Approve Settlement with Michael
Corcione associated with Case No.
8:10−cv−234−T−17MAP. Signed by Judge Richard
A. Lazzara on 2/22/2011. (CCB) (Entered:
02/22/2011)

03/07/2011

603

MOTION to Approve Settlement re: James
LeTellier by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
03/07/2011)

03/07/2011

604

ORDER ATTACHED granting 603 Receiver's
Motion to Approve Settlement with James LeTellier
associated with Case No.
8:10−cv−2150−T−17MAP. Signed by Judge
Richard A. Lazzara on 3/7/2011. (CCB) (Entered:
03/07/2011)

03/09/2011

605

MOTION to Approve Settlement re: James River
Diversified Fund, L.P., James River Multi−Strategy
Fund, L.P., and Paul Saunders by Burton W.
Wiand. (Attachments: # 1 Exhibit A − Executed
Settlement Agreement, # 2 Exhibit B − Executed
Settlement Agreement, # 3 Exhibit C − Executed
Settlement Agreement)(Morello, Gianluca)
(Entered: 03/09/2011)

03/10/2011

606

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement 605 . The Court approves the
written settlement agreement attached to the motion
entered into between the Receiver and James River
Diversified Fund, L.P. (Case No:
10−cv−90−T−17MAP), James River Multi−Strategy
Fund, L.P., and Paul Saunders (Case No:
10−cv−159−T−17MAP). Signed by Judge Richard
A. Lazzara on 3/10/2011. (SKH) (Entered:
03/10/2011)

03/10/2011

607

Unopposed MOTION for miscellaneous relief,
specifically to Approve Sale of Jewelry by Public

95

Auction by Burton W. Wiand. (Attachments: # 1
Exhibit 1 − Proposed Order, # 2 Exhibit 2 −
Description of Jewelry, # 3 Exhibit 3 −
Agreement)(Morello, Gianluca) (Entered:
03/10/2011)
03/11/2011

608

ORDER granting 607 Receiver's Unopposed Motion
to approve sale of jewelry by public auction. Signed
by Judge Richard A. Lazzara on 3/11/2011. (MSS)
(Entered: 03/11/2011)

03/14/2011

609

STATUS REPORT Receiver's Eighth Interim
Report (10/1/10−12/31/10) by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Standardized Fund
Accounting Report, # 2 Exhibit B − C. Moody
Spreadsheet)(Morello, Gianluca) (Entered:
03/14/2011)

03/22/2011

610

MOTION to Approve Settlement re: Chester
Trachtenberg, Foxhaven, LLC, as successor in
interest of Ouisa, LLC, and Cherrytoes, LLC, as
successor in interest of Beatrice, LLC by Burton W.
Wiand. (Attachments: # 1 Exhibit A − Executed
Settlement Agreement)(Lamont, Michael) (Entered:
03/22/2011)

03/23/2011

611

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement 610 . The Court approves the
written settlement agreement attached to the motion
entered into between the Receiver and Chester
Trachtenberg, Foxhaven, LLC, as successor in
interest of Ouisa, LLC, and Cherrytoes, LLC, as
successor in interest of Beatrice, LLC, (Case No.:
8:10−cv−1257−T−17MAP). Signed by Judge
Richard A. Lazzara on 3/23/2011. (SKH) (Entered:
03/23/2011)

03/30/2011

612

MOTION to Approve Settlement re: Tracy G.
Becker, Sharon Reisdorf, Cynthia Baschmann, and
Scott Becker by Burton W. Wiand. (Attachments: #
1 Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
03/30/2011)

03/30/2011

613

ORDER ATTACHED granting 612 Receiver's
Motion to Approve Settlement with Tracy G.
Becker, Sharon Reisdorf, Cynthia Baschmann, and
Scott Becker associated with Case No.
8:10−cv−76−T−17MAP. Signed by Judge Richard
A. Lazzara on 3/30/2011. (CCB) (Entered:
03/30/2011)

04/01/2011

614

MOTION to Approve Settlement re: Carolina
Mountain Land Conservancy by Burton W. Wiand.

96

(Attachments: # 1 Exhibit I − Executed Settlement
Agreement)(Morello, Gianluca) (Entered:
04/01/2011)
04/04/2011

615

ORDER ATTACHED granting 614 Receiver's
Motion to Approve Settlement with Carolina
Mountain Land Conservancy associated with Case
no. 8:09−cv−2443−T−27MAP. Signed by Judge
Richard A. Lazzara on 4/4/2011. (CCB) (Entered:
04/04/2011)

04/20/2011

616

NOTICE of Appearance by Steven R. Wirth on
behalf of Wells Fargo Bank, N.A. (Wirth, Steven)
(Entered: 04/20/2011)

04/20/2011

617

Unopposed MOTION for miscellaneous relief,
specifically for Approval to Serve Proposals for
Settlement in Connection with Ancillary Actions by
Burton W. Wiand. (Attachments: # 1 Exhibit A −
Template of a Proposal for Settlement)(Lamont,
Michael) (Entered: 04/20/2011)

04/21/2011

618

ORDER granting 617 Unopposed MOTION for
miscellaneous relief, specifically for Approval to
Serve Proposals for Settlement in Connection with
Ancillary Actions by Burton W. Wiand. Signed by
Judge Richard A. Lazzara on 4/21/2011. (SKH)
(Entered: 04/21/2011)

04/25/2011

619

Unopposed MOTION for miscellaneous relief,
specifically for Approval of Sale of Undeveloped
Land Located in Grady County, Georgia by Burton
W. Wiand. (Attachments: # 1 Exhibit 1 − Proposed
Order, # 2 Exhibit 2 − Purchase and Sale
Agreement)(Morello, Gianluca) (Entered:
04/25/2011)

04/25/2011

620

ORDER granting 619 Motion for approval of sale of
undeveloped land located in Grady County,
Georgia. Signed by Judge Richard A. Lazzara on
4/25/2011. (MSS) (Entered: 04/25/2011)

04/26/2011

621

MOTION to Approve Settlement re Tracy Becker
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Tracy Becker Settlement Agreement)(Lamont,
Michael) (Entered: 04/26/2011)

04/26/2011

622

MOTION to Approve Settlement re: Vivian K.
Kouvant by Burton W. Wiand. (Attachments: # 1
Exhibit A − Vivian K. Kouvant Settlement
Agreement)(Lamont, Michael) (Entered:
04/26/2011)

04/26/2011

623

ORDER ATTACHED granting 621 Receiver's
Motion to Approve Settlement with Tracy Becker,

97

et al., associated with Case No.
8:10−cv−76−T−17MAP. Signed by Judge Richard
A. Lazzara on 4/26/2011. (CCB) (Entered:
04/26/2011)
04/26/2011

624

ORDER ATTACHED granting 622 Receiver's
Motion to Approve Settlement with Vivian K.
Kouvant associated with Case
No.8:10−cv−225−T−17MAP. Signed by Judge
Richard A. Lazzara on 4/26/2011. (CCB) (Entered:
04/26/2011)

04/29/2011

625

Unopposed MOTION for miscellaneous relief,
specifically Limited Relief from Injunction by
Richard T. Williams. (Attachments: # 1 Exhibit 1, #
2 Exhibit 2, # 3 Text of Proposed Order Proposed
Order)(Gaskill, Jason) (Entered: 04/29/2011)

05/02/2011

626

ORDER granting 625 Unopposed Motion for
limited relief from injunction. Signed by Judge
Richard A. Lazzara on 5/2/2011. (MSS) (Entered:
05/02/2011)

05/04/2011

627

MOTION to Approve Settlement re: Sam Richter by
Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Lamont, Michael)
(Entered: 05/04/2011)

05/04/2011

628

ORDER ATTACHED granting 627 Receiver's
Motion to Approve Settlement with Sam Richter
associated with Case No.
8:10−cv−1114−T−17MAP. Signed by Judge
Richard A. Lazzara on 5/4/2011. (CCB) (Entered:
05/04/2011)

05/18/2011

629

Unopposed MOTION for miscellaneous relief,
specifically for Approval of Sale of Real Property
Located on North Jefferson Avenue in Sarasota
County, Florida by Burton W. Wiand. (Attachments:
# 1 Exhibit 1 − Proposed Order, # 2 Exhibit 2 −
Agreement)(Morello, Gianluca) (Entered:
05/18/2011)

05/18/2011

630

ORDER granting 629 Unopposed Verified Motion
for approval of sale of real property located on
North Jefferson Avenue in Sarasota County, Florida.
Signed by Judge Richard A. Lazzara on 5/18/2011.
(MSS) (Entered: 05/18/2011)

05/25/2011

631

Unopposed MOTION for miscellaneous relief,
specifically to Convey Certain Business Assets and
Real Property Located at 599 Lime Avenue,
Sarasota, Florida 34237 by Burton W. Wiand.
(Attachments: # 1 Exhibit 1 − Proposed Order, # 2
Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5,

98

# 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9
Exhibit 9, # 10 Exhibit 10)(Morello, Gianluca)
(Entered: 05/25/2011)
05/25/2011

632

MOTION to Approve Settlement re: Lee and
Donald Douglas by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
05/25/2011)

05/26/2011

633

ORDER granting 631 Receiver's Unopposed Motion
convey certain business assets and real property.
Signed by Judge Richard A. Lazzara on 5/26/2011.
(see order) (MSS) (Entered: 05/26/2011)

05/26/2011

634

ORDER ATTACHED granting 632 Receiver's
Motion to Approve Settlement with Lee and Donald
Douglas. Signed by Judge Richard A. Lazzara on
5/26/2011. (CCB) (Entered: 05/26/2011)

06/03/2011

635

MOTION to Approve Settlement re: John Grier
Construction Co. and Joseph S. Terrell, Jr., et al. by
Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Morello,
Gianluca) (Entered: 06/03/2011)

06/03/2011

636

ORDER ATTACHED granting 635 Receiver's
Motion to Approve Settlement with John Grier
Construction Co. and Joseph S. Terrell, et al.,
associated with Case Nos. 8:10−cv−111−T−17MAP
and 8:10−cv−238−T−17MAP. Signed by Judge
Richard A. Lazzara on 6/3/2011. (CCB) (Entered:
06/03/2011)

06/08/2011

637

MOTION to Approve Settlement re: Bradford
Black by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
06/08/2011)

06/09/2011

638

ORDER ATTACHED granting 637 Receiver's
Motion to Approve Settlement with Bradford Black
associated with Case No. 8:10−cv−77−T−17MAP.
Signed by Judge Richard A. Lazzara on 6/9/2011.
(CCB) (Entered: 06/09/2011)

06/09/2011

639

MOTION to Approve Settlement re: Wells Fargo
Securities International, Ltd. f/k/a Wachovia
Securities International, Ltd. and Carrelage
Multi−Strategy Offshore Fund, Ltd. by Burton W.
Wiand. (Attachments: # 1 Exhibit A − Executed
Settlement Agreement)(Lamont, Michael) (Entered:
06/09/2011)

06/10/2011

640

99

ORDER ATTACHED granting 639 Receiver's
Motion to Approve Settlement with Wells Fargo
Securities International Ltd. and Carrelage
Multi−Strategy Offshore Fund, Ltd. associated with
Case No. 8:10−cv−243−T−17MAP. Signed by
Judge Richard A. Lazzara on 6/10/2011. (CCB)
(Entered: 06/10/2011)
06/13/2011

641

MOTION to Approve Settlement re: David H.
Boshart by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
06/13/2011)

06/13/2011

642

ORDER ATTACHED granting 641 Receiver's
Motion to Approve Settlement with David H.
Boshart associated with Case No.
8:10−cv−74−T−17MAP. Signed by Judge Richard
A. Lazzara on 6/13/2011. (CCB) (Entered:
06/13/2011)

06/20/2011

643

MOTION to Approve Settlement re: Renee G.
Sheade, as Trustee of the Martin D. Sheade, M.D.
Trust by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
06/20/2011)

06/20/2011

644

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement 643 . The Court approves the
written settlement agreement attached to the motion
entered into between the Receiver and Renee G.
Sheade, as Trustee of the Martin D. Sheade, M.D.
Trust (Case No: 8:10−cv−215−T−17MAP). Signed
by Judge Richard A. Lazzara on 6/20/2011. (SKH)
(Entered: 06/20/2011)

06/30/2011

645

Unopposed MOTION for attorney fees Receiver's
Unopposed Eighth Interim Motion for Order
Awarding Fees, Costs, and Reimbursement of Costs
to Receiver and His Professionals by Burton W.
Wiand. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, #
3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit
6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10
Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13
Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16
Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19
Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22
Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25
Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28
Exhibit 28, # 29 Exhibit 29, # 30 Exhibit
30)(Morello, Gianluca) (Entered: 06/30/2011)

07/08/2011

646

100

ORDER ATTACHED granting 645 Unopposed
Receiver's Eighth Interim Motion for Order
Awarding Fees, Costs, and Reimbursement of Costs
to Receiver and His Professionals. Signed by Judge
Richard A. Lazzara on 7/8/2011. (SKH) (Entered:
07/08/2011)
07/21/2011

647

STATUS REPORT Receiver's Ninth Interim Report
(1/1/11 − 4/30/11) by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Standardized Fund
Accounting Report, # 2 Exhibit B − C. Moody's
Assets)(Morello, Gianluca) (Entered: 07/21/2011)

08/12/2011

648

MOTION to Approve Settlement re: Mayfair
Associates (179) and Betty Bry Schwab, as Trustee
of the Betty Bry Schwab Revocable Trust (226) by
Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Morello,
Gianluca) (Entered: 08/12/2011)

08/12/2011

649

ORDER ATTACHED granting 648 Receiver's
Motion to Approve Settlement with Betty Bry
Schwab, Roger Schwab, Mayfair Associates, Inc. et
al., associated with case nos.
8:10−cv−179−T−17MAP and
8:10−cv−226−T−17MAP. Signed by Judge Richard
A. Lazzara on 8/12/2011. (CCB) (Entered:
08/12/2011)

09/02/2011

650

Unopposed MOTION for miscellaneous relief,
specifically to Approve Sale of Real Property
Located in Lorain County, Ohio by Burton W.
Wiand. (Attachments: # 1 Exhibit 1 − Proposed
Order, # 2 Exhibit 2 − Quit−Claim Deed, # 3
Exhibit 3 − Purchase and Sale Agreement)(Morello,
Gianluca) (Entered: 09/02/2011)

09/06/2011

651

ORDER granting 650 Unopposed Verified Motion
for approval of sale of real property located in
Lorain County, Ohio. Signed by Judge Richard A.
Lazzara on 9/6/2011. (MSS) (Entered: 09/06/2011)

09/14/2011

652

Unopposed MOTION for attorney fees Receiver's
Unopposed Ninth Interim Motion for Order
Awarding Fees, Costs and Reimbursement of Costs
to Receiver and His Professionals by Burton W.
Wiand. (Attachments: # 1 Exhibit 1−Standardized
Fund Accounting Report, # 2 Exhibit 2−Receiver's
9th Interim Report, # 3 Exhibit 3−Scoop
Receivership−Rep of Scoop Receivership, # 4
Exhibit 4−Scoop Receivership−Carolina Mtn Land
Conservancy, # 5 Exhibit 5−Scoop
Receivership−Recovery from Investors, # 6 Exhibit
6−Scoop Receivership−Recovery of Assets from N.

101

and C. Moody, # 7 Exhibit 7−Scoop
Receivership−Recovery of Commissions, # 8
Exhibit 8−Scoop Receivership−Holland &Knight, #
9 Exhibit 9−Categorization and Summary of WGK
Costs, # 10 Exhibit 10−Attorney Fee Schedule, # 11
Exhibit 11−Scoop Legal Team−Scoop Capital, LLC
Receivership, # 12 Exhibit 12−Fowler White, # 13
Exhibit 13−Scoop Legal Team−HFH v. B. Bishop, #
14 Exhibit 14−Scoop Legal Team−Carolina Mtn
Land Conservancy, # 15 Exhibit 15−Scoop Legal
Team−Recovery from Investors, # 16 Exhibit
16−Johnson, Pope, # 17 Exhibit 17−Scoop Legal
Team−Recovery of Assets from N. and C. Moody, #
18 Exhibit 18−Scoop Legal Team−Recovery of
Commissions, # 19 Exhibit 19−Scoop Legal
Team−Holland &Knight, # 20 Exhibit 20−PDR, #
21 Exhibit 21−E−Hounds, # 22 Exhibit 22−The
RWJ Group, LLC, # 23 Exhibit 23−Cheney, Brock
&Saudek, P.C., # 24 Exhibit 24−Goosmann Rose
Colvard &Cramer, P.A., # 25 Exhibit 25−Proposed
Order)(Morello, Gianluca) (Entered: 09/14/2011)
09/21/2011

653

MOTION to Approve Settlement re: EFG Bank and
John or Jane Doe by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
09/21/2011)

09/21/2011

654

ORDER ATTACHED granting 653 Receiver's
Motion to Approve Settlement with EFG Bank and
associated with Case No. 8:10−cv−242−T−17MAP.
Signed by Judge Richard A. Lazzara on 9/21/2011.
(CCB) (Entered: 09/21/2011)

09/22/2011

655

MOTION to Approve Settlement re: Jewish Family
and Children's Service of Sarasota−Manatee, Inc.
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Morello,
Gianluca) (Entered: 09/22/2011)

09/22/2011

656

ORDER ATTACHED granting 655 Receiver's
Motion to Approve Settlement with Jewish Family
and Children's Service of Sarasota−Manatee, Inc.
Signed by Judge Richard A. Lazzara on 9/22/2011.
(CCB) (Entered: 09/22/2011)

09/23/2011

657

ORDER granting 652 Unopposed Receiver's Ninth
Interim Motion for Order Awarding Fees, Costs, and
Reimbursement of Costs to Receiver and his
Professionals. Signed by Judge Richard A. Lazzara
on 9/23/2011. (SKH) (Entered: 09/23/2011)

10/05/2011

658

MOTION to Approve Settlement re: Steven Settlage
by Burton W. Wiand. (Attachments: # 1 Exhibit A −

102

Executed Settlement Agreement)(Lamont, Michael)
(Entered: 10/05/2011)
10/06/2011

659

ORDER ATTACHED granting 658 Receiver's
Motion to Approve Settlement with Steven Settlage
and associated with Case No.
8:10−cv−136−T−17MAP. Signed by Judge Richard
A. Lazzara on 10/6/2011. (CCB) (Entered:
10/06/2011)

10/18/2011

660

MOTION to Approve Settlement re: Barbara Davis
et al. by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
10/18/2011)

10/18/2011

661

ORDER ATTACHED granting 660 Receiver's
Motion to Approve Settlement with Barbara Davis
associated with Case No.
8:10−cv−2152−T−17MAP. Signed by Judge
Richard A. Lazzara on 10/18/2011. (CCB) (Entered:
10/18/2011)

10/18/2011

662

Second MOTION to Approve Settlement re: Steven
Settlage by Burton W. Wiand. (Attachments: # 1
Exhibit A − Amended Settlement
Agreement)(Lamont, Michael) (Entered:
10/18/2011)

10/18/2011

663

ORDER ATTACHED granting 662 Receiver's
Second Motion to Approve Settlement with Steven
Settlage associated with Case No.
8:10−cv−136−T−17MAP. Signed by Judge Richard
A. Lazzara on 10/18/2011. (CCB) (Entered:
10/18/2011)

10/20/2011

664

Unopposed MOTION for leave to file excess pages
in connection with the Claims Determination
Motion by Burton W. Wiand. (Morello, Gianluca)
(Entered: 10/20/2011)

10/20/2011

665

ENDORSED ORDER granting 664 Motion for
Leave to File Excess Pages. Signed by Judge
Richard A. Lazzara on 10/20/2011. (CCB) (Entered:
10/20/2011)

10/24/2011

666

NOTICE of Status Conference set for 10/26/2011 at
10:00 AM in Tampa Courtroom 15 B before Judge
Richard A. Lazzara. Counsel for the SEC may
appear telephonically. (CCB) (Entered: 10/24/2011)

10/26/2011

667

Minute Entry. Proceedings held before Judge
Richard A. Lazzara: Status Conference held on
10/26/2011. Court Reporter: Claudia Spangler−Fry
(MSS) (Entered: 10/26/2011)

103

10/31/2011

668

MOTION for miscellaneous relief, specifically for
Permission to Appeal by Burton W. Wiand.
(Attachments: # 1 Exhibit A−Order Adopting
Report and Recommendation, # 2 Exhibit B−Case
List, # 3 Exhibit C−Receiver's Objections to
Magistrate Judge's Report and
Recommendation)(Morello, Gianluca) (Entered:
10/31/2011)

10/31/2011

669

ORDER ATTACHED granting 668 Motion for
Permission to Appeal. Signed by Judge Richard A.
Lazzara on 10/31/2011. (SKH) (Entered:
10/31/2011)

11/21/2011

670

NOTICE by Securities and Exchange Commission
of No Objection to the Receiver Taking an Appeal of
the September 29, 2011 Arbitration Order (Masel,
Scott) (Entered: 11/21/2011)

11/22/2011

671

Second MOTION for miscellaneous relief,
specifically for Permission to Appeal by Burton W.
Wiand. (Attachments: # 1 Exhibit A − Munson
Order (206), # 2 Exhibit B − Munson Family Ptrs
Order (221), # 3 Exhibit C − Wang Order (112), # 4
Exhibit D − Rec's Obj to Pizzo's RGianluca)
(Entered: 11/22/2011)

11/22/2011

672

ORDER ATTACHED granting 671 Receiver's
Motion for Permission to Appeal. Signed by Judge
Richard A. Lazzara on 11/22/2011. (CCB) (Entered:
11/22/2011)

11/30/2011

673

Unopposed MOTION to Seal Document
specifically, to seal document containing identity of
claimants by Burton W. Wiand. (Morello, Gianluca)
(Entered: 11/30/2011)

11/30/2011

674

ENDORSED ORDER granting 673 Motion to Seal
Documents. Signed by Judge Richard A. Lazzara on
11/30/2011. (CCB) (Entered: 11/30/2011)

12/07/2011

675

Unopposed MOTION for miscellaneous relief,
specifically to (1) Approve Determination And
Priority Of Claims, (2) Pool Receivership Assets
And Liabilities, (3) Approve Plan Of Distribution,
And (4) Establish Objection Procedure by Burton
W. Wiand. (Attachments: # 1 Exhibit A − Blank
Proof of Claim Form, # 2 Exhibit B − Investor
Claims − Allowed, # 3 Exhibit C − Tax Lien Claims
− Allowed, # 4 Exhibit D − Investor Claims −
Allowed In Part, # 5 Exhibit E − Non−Investor
Secured Claims − Allowed In Part, # 6 Exhibit F
−Non−Investor Unsecured Claims − Allowed And
Allowed In Part, # 7 Exhibit G − Investor Claims −

104

Denied, # 8 Exhibit H − Secured and Unsecured
Non−Investor Claims − Denied, # 9 Exhibit I −
Investor Claims − Waived, # 10 Exhibit J −
Non−Investor Claims − Waived, # 11 Exhibit K −
SEC v. Mutual Benefits Corp. Order 10−23−08, #
12 Exhibit L − Proposed Order)(Morello, Gianluca)
(Entered: 12/07/2011)
12/08/2011

Sealed document S−4. (BSN) (Entered: 12/09/2011)

12/09/2011

676

NOTICE by Burton W. Wiand re 675 Unopposed
MOTION for miscellaneous relief, specifically to
(1) Approve Determination And Priority Of Claims,
(2) Pool Receivership Assets And Liabilities, (3)
Approve Plan Of Distribution, And (4) Establish
Objection ProcedureUnopposed MOTION for
miscellaneous relief, specifically to (1) Approve
Determination And Priority Of Claims, (2) Pool
Receivership Assets And Liabilities, (3) Approve
Plan Of Distribution, And (4) Establish Objection
ProcedureUnopposed MOTION for miscellaneous
relief, specifically to (1) Approve Determination
And Priority Of Claims, (2) Pool Receivership
Assets And Liabilities, (3) Approve Plan Of
Distribution, And (4) Establish Objection
ProcedureUnopposed MOTION for miscellaneous
relief, specifically to (1) Approve Determination
And Priority Of Claims, (2) Pool Receivership
Assets And Liabilities, (3) Approve Plan Of
Distribution, And (4) Establish Objection Procedure
of Filing Amended Exhibits B &I (Attachments: # 1
Exhibit Doc. 675 − Amended Exhibit B, # 2 Exhibit
675 − Amended Exhibit I)(Morello, Gianluca)
(Entered: 12/09/2011)

12/13/2011

677

OBJECTION re 675 Unopposed MOTION for
miscellaneous relief, specifically to (1) Approve
Determination And Priority Of Claims, (2) Pool
Receivership Assets And Liabilities, (3) Approve
Plan Of Distribution, And (4) Establish Objection
ProcedureUnopposed MOTION for miscellaneous
relief, specifically to (1) Approve Determination
And Priority Of Claims, (2) Pool Receivership
Assets And Liabilities, (3) Approve Plan Of
Distribution, And (4) Establish Objection
ProcedureUnopposed MOTION for miscellaneous
relief, specifically to (1) Approve Determination
And Priority Of Claims, (2) Pool Receivership
Assets And Liabilities, (3) Approve Plan Of
Distribution, And (4) Establish Objection
ProcedureUnopposed MOTION for miscellaneous
relief, specifically to (1) Approve Determination
And Priority Of Claims, (2) Pool Receivership

105

Assets And Liabilities, (3) Approve Plan Of
Distribution, And (4) Establish Objection Procedure.
(Hoeck, Kathryn) (Entered: 12/13/2011)
12/13/2011

678

NOTICE by Burton W. Wiand re 675 Unopposed
MOTION for miscellaneous relief, specifically to
(1) Approve Determination And Priority Of Claims,
(2) Pool Receivership Assets And Liabilities, (3)
Approve Plan Of Distribution, And (4) Establish
Objection ProcedureUnopposed MOTION for
miscellaneous relief, specifically to (1) Approve
Determination And Priority Of Claims, (2) Pool
Receivership Assets And Liabilities, (3) Approve
Plan Of Distribution, And (4) Establish Objection
ProcedureUnopposed MOTION for miscellaneous
relief, specifically to (1) Approve Determination
And Priority Of Claims, (2) Pool Receivership
Assets And Liabilities, (3) Approve Plan Of
Distribution, And (4) Establish Objection
ProcedureUnopposed MOTION for miscellaneous
relief, specifically to (1) Approve Determination
And Priority Of Claims, (2) Pool Receivership
Assets And Liabilities, (3) Approve Plan Of
Distribution, And (4) Establish Objection Procedure
Of Mailing Letters To Claimants Providing Notice
Of Motion And Other Claims Information (Morello,
Gianluca) (Entered: 12/13/2011)

12/14/2011

679

Unopposed MOTION to Approve Settlement
regarding Goldman Sachs Execution &Clearing,
L.P. ("GSEC") by Burton W. Wiand. (Attachments:
# 1 Exhibit A − Executed Settlement Agreement, #
2 Exhibit B − CFTC v. Equity Fin. Grp., Rec's
Memo of Law, # 3 Exhibit C − Proposed
Order)(Morello, Gianluca) (Entered: 12/14/2011)

12/14/2011

680

AFFIDAVIT of Burton W. Wiand re: 679
Unopposed MOTION to Approve Settlement
regarding Goldman Sachs Execution &Clearing,
L.P. ("GSEC")Unopposed MOTION to Approve
Settlement regarding Goldman Sachs Execution
&Clearing, L.P. ("GSEC") by Burton W. Wiand.
(Morello, Gianluca) (Entered: 12/14/2011)

12/14/2011

681

Unopposed MOTION for miscellaneous relief,
specifically to approve proposed notice of
settlement relating to Docket 679 by Burton W.
Wiand. (Attachments: # 1 Exhibit A − Proposed
Notice)(Morello, Gianluca) (Entered: 12/14/2011)

12/14/2011

682

ENDORSED ORDER granting 681 Motion to
Approve Proposed Notice of Settlement. The
proposed Notice to Investors and Others attached as

106

Exhibit A to the motion, the procedures outlined in
the exhibit and motion, and the proposed Short
Form Notice are hereby approved, and the Receiver
may provide notice accordingly. Signed by Judge
Richard A. Lazzara on 12/14/2011. (CCB) (Entered:
12/14/2011)
12/15/2011

683

Unopposed MOTION for leave to file to Respond to
LandMark Bank's Objection to Proposed Objection
Procedure by Burton W. Wiand. (Morello,
Gianluca) (Entered: 12/15/2011)

12/15/2011

684

ENDORSED ORDER granting 683 Motion for
Leave to File Response to Landmark Bank's
Objection within seven (7) days. Signed by Judge
Richard A. Lazzara on 12/15/2011. (CCB) (Entered:
12/15/2011)

12/15/2011

685

STATUS REPORT Receiver's Tenth Interim Report
(5/1/11 − 11/30/11) by Burton W. Wiand.
(Attachments: # 1 Exhibit A−Standardized Fund
Accounting Report (5/1/11 to 8/31/11), # 2 Exhibit
B−Standardized Fund Accounting Report
(9/1/11−11/30/11), # 3 Exhibit C−C. Moody's
Assets)(Morello, Gianluca) (Entered: 12/15/2011)

12/16/2011

686

NOTICE by Burton W. Wiand Of Mailing
Court−Approved Notice Of Settlement With GSEC
(Morello, Gianluca) (Entered: 12/16/2011)

12/20/2011

687

NOTICE of Appearance by Ana T. Barnett on
behalf of Wells Fargo Bank, N.A., as successor by
merger to Wachovia Bank, N.A. (Barnett, Ana)
(Entered: 12/20/2011)

12/21/2011

688

NOTICE of Appearance by Ana T. Barnett on
behalf of TRSTE, Inc. (Barnett, Ana) (Entered:
12/21/2011)

12/21/2011

689

OBJECTION re 675 Unopposed MOTION for
miscellaneous relief, specifically to (1) Approve
Determination And Priority Of Claims, (2) Pool
Receivership Assets And Liabilities, (3) Approve
Plan Of Distribution, And (4) Establish Objection
ProcedureUnopposed MOTION for miscellaneous
relief, specifically to (1) Approve Determination
And Priority Of Claims, (2) Pool Receivership
Assets And Liabilities, (3) Approve Plan Of
Distribution, And (4) Establish Objection
ProcedureUnopposed MOTION for miscellaneous
relief, specifically to (1) Approve Determination
And Priority Of Claims, (2) Pool Receivership
Assets And Liabilities, (3) Approve Plan Of
Distribution, And (4) Establish Objection

107

ProcedureUnopposed MOTION for miscellaneous
relief, specifically to (1) Approve Determination
And Priority Of Claims, (2) Pool Receivership
Assets And Liabilities, (3) Approve Plan Of
Distribution, And (4) Establish Objection Procedure
(Objection and Memorandum of Law) by Wells
Fargo Bank, N.A. by Wells Fargo Bank, N.A..
(Wirth, Steven) (Entered: 12/21/2011)
12/21/2011

690

RESPONSE in opposition re 675 Unopposed
MOTION for miscellaneous relief, specifically to
(1) Approve Determination And Priority Of Claims,
(2) Pool Receivership Assets And Liabilities, (3)
Approve Plan Of Distribution, And (4) Establish
Objection ProcedureUnopposed MOTION for
miscellaneous relief, specifically to (1) Approve
Determination And Priority Of Claims, (2) Pool
Receivership Assets And Liabilities, (3) Approve
Plan Of Distribution, And (4) Establish Objection
ProcedureUnopposed MOTION for miscellaneous
relief, specifically to (1) Approve Determination
And Priority Of Claims, (2) Pool Receivership
Assets And Liabilities, (3) Approve Plan Of
Distribution, And (4) Establish Objection
ProcedureUnopposed MOTION for miscellaneous
relief, specifically to (1) Approve Determination
And Priority Of Claims, (2) Pool Receivership
Assets And Liabilities, (3) Approve Plan Of
Distribution, And (4) Establish Objection Procedure
Objection and Opposition to Receiver's Motion to
Approve Determination and Priority of Claims and
Supporting Memorandum of Law filed by TRSTE,
Inc., Wells Fargo Bank, N.A., as successor by
merger to Wachovia Bank, N.A.. (Attachments: # 1
Exhibit Declaration of TRSTE, Inc. records
custodian, # 2 Exhibit Receiver's February 6, 2009
letter, # 3 Exhibit Declaration of Mayda Nahhas, # 4
Exhibit SDNY Preliminary Order of Forfeiture/Final
Order of Forfeiture, # 5 Exhibit SDNY Indictment,
# 6 Exhibit Declaration of W. Samuel Woodard,
Esq.)(Barnett, Ana) (Entered: 12/21/2011)

12/22/2011

691

Unopposed MOTION for miscellaneous relief,
specifically for leave to retain the James Hoyer law
firm to pursue claims against Wachovia Bank, N.A.
n/k/a Wells Fargo Bank, N.A. by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Contingency Fee
Agreement)(Morello, Gianluca) (Entered:
12/22/2011)

12/22/2011

692

RESPONSE re 677 Objection filed by LandMark
Bank filed by Burton W. Wiand. (Morello,
Gianluca) (Entered: 12/22/2011)

108

12/23/2011

693

Unopposed MOTION for leave to file Reply To
Wells Fargo Bank, N.A.'s (as Successor To
Wachovia Bank, N.A.) Objection Relating To Claim
Relating To Loan On Graham, N.C. Building by
Burton W. Wiand. (Morello, Gianluca) (Entered:
12/23/2011)

12/23/2011

694

Unopposed MOTION for leave to file Reply To
TRSTE, Inc.'s And Wells Fargo Bank, N.A.'s (As
Successor To Wachovia Bank, N.A.) Objection
Relating To Laurel Mountain, N.C., Property by
Burton W. Wiand. (Morello, Gianluca) (Entered:
12/23/2011)

12/27/2011

695

ENDORSED ORDER granting [693 &694] Motion
for Leave to File Reply on or before January 17,
2012. Signed by Judge Richard A. Lazzara on
12/27/2011. (CCB) (Entered: 12/27/2011)

12/27/2011

696

ORDER ATTACHED granting 691 Motion to
Retain the James Hoyer law firm. Signed by Judge
Richard A. Lazzara on 12/27/2011. (CCB) (Entered:
12/27/2011)

12/28/2011

697

Unopposed MOTION for attorney fees Receiver's
Unopposed Tenth Interim Motion for Order
Awarding Fees, Costs, and Reimbursement of Costs
to Receiver and His Professionals by Burton W.
Wiand. (Attachments: # 1 Exhibit 1−Standardized
Fund Accounting Report, # 2 Exhibit 2−Receiver's
Tenth Interim Report, # 3 Exhibit 3−Scoop
Receivership−Rep of Scoop Receivership, # 4
Exhibit 4−Scoop Receivership−HFH v. B. Bishop, #
5 Exhibit 5−Scoop Receivership−Recovery from
Investors, # 6 Exhibit 6−Scoop
Receivership−Recovery of Assets from N. and C.
Moody, # 7 Exhibit 7−Scoop Receivership−Holland
&Knight, # 8 Exhibit 8−Categorization and
Summary of WGK Costs, # 9 Exhibit 9−Attorney
Fee Schedule, # 10 Exhibit 10−Scoop Legal
Team−Scoop Capital, LLC Receivership, # 11
Exhibit 11−Fowler White, # 12 Exhibit 12−Scoop
Legal Team−HFH v. B. Bishop, # 13 Exhibit
13−Scoop Legal Team−Carolina Mtn Land
Conservancy, # 14 Exhibit 14−Scoop Legal
Team−Recovery from Investors, # 15 Exhibit
15−Johnson, Pope, # 16 Exhibit 16−Scoop Legal
Team−Recovery of Assets from N. and C. Moody, #
17 Exhibit 17−Scoop Legal Team−Recovery of
Commissions, # 18 Exhibit 18−Scoop Legal
Team−Holland &Knight, # 19 Exhibit 19−PDR, #
20 Exhibit 20−Riverside Financial Group, # 21
Exhibit 21−E−Hounds, Inc., # 22 Exhibit 22−RWJ

109

Group, LLC, # 23 Exhibit 23−Wheeler, Fairman
&Kelley, # 24 Exhibit 24−Leonard Starr, PC, # 25
Exhibit 25−Proposed Order)(Morello, Gianluca)
(Entered: 12/28/2011)
01/03/2012

698

ENDORSED ORDER ENDORSED ORDER that
pursuant to the USDC − Middle District of Florida's
Administrative Procedures for Electronic Filing in
Civil and Criminal Cases, Section I(A) "... all
documents filed in civil and criminal cases in this
District... shall be filed electronically." Therefore, it
is ORDERED AND ADJUDGED that counsel of
record in this case shall register for CM/ECF, enter
an email address in their CM/ECF account, and
electronically file a notice of compliance with this
Court's Order within 30 days. Failure to comply
with this Order as directed will result in counsel
being terminated from the docket sheet without
further notice. If counsel is an out of state attorney
who needs to apply to be admitted pro hac vice in
this case, the motion to appear pro hac vice and
designation of local counsel (pursuant to Local Rule
2.02), the special admission form and appropriate
fee shall be submitted to the Court before CM/ECF
access will be granted. Signed by Judge Richard A.
Lazzara on 1/3/2012. (DMB) (Entered: 01/03/2012)

01/03/2012

699

NOTICE by Burton W. Wiand of Publication of
Receiver's Court−Approved Notice of Settlement
with GSEC (Morello, Gianluca) (Entered:
01/03/2012)

01/04/2012

700

NOTICE of Appearance by Julie Fishman
Berkowitz on behalf of Wells Fargo Bank, N.A., as
successor by merger to Wachovia Bank, N.A.
(Berkowitz, Julie) (Entered: 01/04/2012)

01/04/2012

701

NOTICE of Appearance by Julie Fishman
Berkowitz on behalf of TRSTE, Inc. (Berkowitz,
Julie) (Entered: 01/04/2012)

01/04/2012

702

NOTICE of compliance re 698 Order by Wells
Fargo Bank, N.A., as successor by merger to
Wachovia Bank, N.A. (Barnett, Ana) (Entered:
01/04/2012)

01/05/2012

703

NOTICE of compliance re 698 Order by Wells
Fargo Bank, N.A., as successor by merger to
Wachovia Bank, N.A. (Berkowitz, Julie) (Entered:
01/05/2012)

01/05/2012

704

NOTICE of Appearance by Kevin Michael Eckhardt
on behalf of Fulcrum Distressed Opportunities Fund
I, LP (Eckhardt, Kevin) (Entered: 01/05/2012)

110

01/05/2012

705

NOTICE of Appearance by Carol A. Kalish on
behalf of YMCA Foundation of Sarasota, Inc.
(Kalish, Carol) (Entered: 01/05/2012)

01/06/2012

706

Verified MOTION for miscellaneous relief,
specifically to Approve the Sale of Real Property
Located In Graham, Alamance County, North
Carolina by Burton W. Wiand. (Attachments: # 1
Exhibit 1−Proposed Order, # 2 Exhibit
2−Agreement of Sale of Purchase, # 3 Exhibit
3−SEC v. Mutual Benefits Corp. Order)(Morello,
Gianluca) (Entered: 01/06/2012)

01/09/2012

707

OBJECTION re 679 Unopposed MOTION to
Approve Settlement regarding Goldman Sachs
Execution &Clearing, L.P. ("GSEC")Unopposed
MOTION to Approve Settlement regarding
Goldman Sachs Execution &Clearing, L.P.
("GSEC") filed by Barbara Meeker. (JLH) (Entered:
01/09/2012)

01/17/2012

708

OBJECTION re 679 Unopposed MOTION to
Approve Settlement regarding Goldman Sachs
Execution &Clearing, L.P. ("GSEC")Unopposed
MOTION to Approve Settlement regarding
Goldman Sachs Execution &Clearing, L.P.
("GSEC") by Kelvin V. Lee. (JLH) (Entered:
01/17/2012)

01/17/2012

709

OBJECTION re 679 Unopposed MOTION to
Approve Settlement regarding Goldman Sachs
Execution &Clearing, L.P. ("GSEC")Unopposed
MOTION to Approve Settlement regarding
Goldman Sachs Execution &Clearing, L.P.
("GSEC") by Kelvin V. Lee, Trustee, Nancy Lee
Trust (JLH) (Entered: 01/17/2012)

01/17/2012

710

OBJECTION re 679 Unopposed MOTION to
Approve Settlement regarding Goldman Sachs
Execution &Clearing, L.P. ("GSEC")Unopposed
MOTION to Approve Settlement regarding
Goldman Sachs Execution &Clearing, L.P.
("GSEC") by Diane Pezick. (JLH) (Entered:
01/17/2012)

01/17/2012

711

OBJECTION re 679 Unopposed MOTION to
Approve Settlement regarding Goldman Sachs
Execution &Clearing, L.P. ("GSEC")Unopposed
MOTION to Approve Settlement regarding
Goldman Sachs Execution &Clearing, L.P.
("GSEC") by Tyna Gaylor. (JLH) (Entered:
01/17/2012)

01/17/2012

712

REPLY to response to motion re 675 Unopposed

111

MOTION for miscellaneous relief, specifically to
(1) Approve Determination And Priority Of Claims,
(2) Pool Receivership Assets And Liabilities, (3)
Approve Plan Of Distribution, And (4) Establish
Objection ProcedureUnopposed MOTION for
miscellaneous relief, specifically to (1) Approve
Determination And Priority Of Claims, (2) Pool
Receivership Assets And Liabilities, (3) Approve
Plan Of Distribution, And (4) Establish Objection
ProcedureUnopposed MOTION for miscellaneous
relief, specifically to (1) Approve Determination
And Priority Of Claims, (2) Pool Receivership
Assets And Liabilities, (3) Approve Plan Of
Distribution, And (4) Establish Objection
ProcedureUnopposed MOTION for miscellaneous
relief, specifically to (1) Approve Determination
And Priority Of Claims, (2) Pool Receivership
Assets And Liabilities, (3) Approve Plan Of
Distribution, And (4) Establish Objection Procedure
Reply to TRSTE, Inc.'s and Wells Fargo Bank,
N.A.'s Objection and Opposition to Receiver's
Motion to Approve Determination and Priority of
Claims (Doc. 690) filed by Burton W. Wiand.
(Morello, Gianluca) (Entered: 01/17/2012)
01/17/2012

713

DECLARATION of Gianluca Morello re 712 Reply
to response to motion by Burton W. Wiand.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6,
# 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10
Exhibit 10, # 11 Exhibit 11 − Part 1 of 2, # 12
Exhibit 11 − Part 2 of 2, # 13 Exhibit 12, # 14
Exhibit 13)(Morello, Gianluca) (Entered:
01/17/2012)

01/17/2012

714

REPLY to response to motion re 675 Unopposed
MOTION for miscellaneous relief, specifically to
(1) Approve Determination And Priority Of Claims,
(2) Pool Receivership Assets And Liabilities, (3)
Approve Plan Of Distribution, And (4) Establish
Objection ProcedureUnopposed MOTION for
miscellaneous relief, specifically to (1) Approve
Determination And Priority Of Claims, (2) Pool
Receivership Assets And Liabilities, (3) Approve
Plan Of Distribution, And (4) Establish Objection
ProcedureUnopposed MOTION for miscellaneous
relief, specifically to (1) Approve Determination
And Priority Of Claims, (2) Pool Receivership
Assets And Liabilities, (3) Approve Plan Of
Distribution, And (4) Establish Objection
ProcedureUnopposed MOTION for miscellaneous
relief, specifically to (1) Approve Determination

112

And Priority Of Claims, (2) Pool Receivership
Assets And Liabilities, (3) Approve Plan Of
Distribution, And (4) Establish Objection Procedure
Reply to Wells Fargo Bank, N.A.'s Objection to
Receiver's Motion to Approve Determination and
Priority of Claims (Doc. 689) filed by Burton W.
Wiand. (Attachments: # 1 Exhibit A)(Morello,
Gianluca) (Entered: 01/17/2012)
01/17/2012

715

RESPONSE in opposition re 679 Unopposed
MOTION to Approve Settlement regarding
Goldman Sachs Execution &Clearing, L.P.
("GSEC")Unopposed MOTION to Approve
Settlement regarding Goldman Sachs Execution
&Clearing, L.P. ("GSEC") filed by Vernon M. Lee,
Brian L. Meeker, Samuel Ross Morgan III.
(Hightower, John) (Entered: 01/17/2012)

01/18/2012

716

RESPONSE in opposition re 679 Unopposed
MOTION to Approve Settlement regarding
Goldman Sachs Execution &Clearing, L.P.
("GSEC")Unopposed MOTION to Approve
Settlement regarding Goldman Sachs Execution
&Clearing, L.P. ("GSEC") filed by Marty Huppert.
(Hightower, John) (Entered: 01/18/2012)

01/18/2012

717

ORDER granting 697 Motion for attorney fees.
Signed by Judge Richard A. Lazzara on 1/18/2012.
(see order for details) (MSS) (Entered: 01/18/2012)

01/19/2012

718

OBJECTION re 706 Verified MOTION for
miscellaneous relief, specifically to Approve the
Sale of Real Property Located In Graham,
Alamance County, North Carolina by Wells Fargo
Bank, N.A., Wells Fargo Bank, N.A. by Wells
Fargo Bank, N.A., Wells Fargo Bank, N.A..
(Attachments: # 1 Exhibit A)(Shaheen, Louis)
(Entered: 01/19/2012)

01/19/2012

719

MOTION to compel (Receiver to Abandon The
Property Located at 841 South Main Street,
Graham, North Carolina) by Wells Fargo Bank,
N.A., Wells Fargo Bank, N.A.. (Attachments: # 1
Exhibit Composite Exh. A)(Shaheen, Louis)
(Entered: 01/19/2012)

01/20/2012

720

MOTION for Howard Schiffman to appear pro hac
vice by Goldman Sachs Execution &Clearing, L.P..
(Weber, Janelle) (Entered: 01/20/2012)

01/20/2012

721

MOTION for Eric A. Bensky to appear pro hac vice
by Goldman Sachs Execution &Clearing, L.P..
(Weber, Janelle) (Entered: 01/20/2012)

01/20/2012

113

***PRO HAC VICE FEES paid and Special
Admission Attorney Certification Form filed by
attorney Eric A. Bensky appearing on behalf of
Goldman Sachs Execution &Clearing, L.P. (Filing
fee $10 receipt number TPA9312.) (JNB) (Entered:
01/23/2012)
01/20/2012

***PRO HAC VICE FEES paid and Special
Admission Attorney Certification Form filed by
attorney Howard Schiffman appearing on behalf of
Goldman Sachs Execution &Clearing, L.P. (Filing
fee $10 receipt number TPA9312.) (JNB) (Entered:
01/23/2012)

01/23/2012

722

ENDORSED ORDER granting [720 &721] Motions
to Appear Pro Hac Vice. Signed by Judge Richard
A. Lazzara on 1/23/2012. (CCB) (Entered:
01/23/2012)

01/23/2012

723

Unopposed MOTION for leave to file to respond to
objections to motion to approve settlement (Doc.
679) with Goldman Sachs Execution &Clearing,
L.P. by Burton W. Wiand. (Morello, Gianluca)
(Entered: 01/23/2012)

01/23/2012

724

ENDORSED ORDER granting 723 Motion for
Leave to File Reply. Signed by Judge Richard A.
Lazzara on 1/23/2012. (CCB) (Entered: 01/23/2012)

01/23/2012

725

NOTICE of compliance re 698 Order by Securities
and Exchange Commission (Masel, Scott) (Entered:
01/23/2012)

01/24/2012

726

ORDER ATTACHED denying 706 Verified Motion
to Approve the Sale of Real Property in Graham,
Alamance County, North Carolina. Signed by Judge
Richard A. Lazzara on 1/24/2012. (CCB) (Entered:
01/24/2012)

01/24/2012

727

ENDORSED ORDER directing Receiver to file an
expedited response to 719 Motion to Compel
Receiver to Abandon The Property Located at 841
South Main Street, Graham, North Carolina)on or
before 2/1/2012. Signed by Judge Richard A.
Lazzara on 1/24/2012. (CCB) (Entered: 01/24/2012)

02/01/2012

728

RESPONSE in opposition re 719 MOTION to
compel (Receiver to Abandon The Property Located
at 841 South Main Street, Graham, North Carolina)
filed by Burton W. Wiand. (Attachments: # 1
Exhibit A)(Morello, Gianluca) (Entered:
02/01/2012)

02/01/2012

729

DECLARATION of Burton W. Wiand re 728
Response in opposition to motion by Burton W.

114

Wiand. (Morello, Gianluca) (Entered: 02/01/2012)
02/02/2012

730

NOTICE by Burton W. Wiand of Filing letter from
the Receiver to the Court relating to matters
between the Receivership in this case and Wells
Fargo Bank, N.A. (Morello, Gianluca) (Entered:
02/02/2012)

02/02/2012

731

REPLY to response to motion re 679 Unopposed
MOTION to Approve Settlement regarding
Goldman Sachs Execution &Clearing, L.P.
("GSEC")Unopposed MOTION to Approve
Settlement regarding Goldman Sachs Execution
&Clearing, L.P. ("GSEC") filed by Burton W.
Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit
B)(Morello, Gianluca) (Entered: 02/02/2012)

02/02/2012

732

AFFIDAVIT of Burton W. Wiand re: 731 Reply to
response to motion by Burton W. Wiand. (Morello,
Gianluca) (Entered: 02/02/2012)

02/03/2012

733

ORDER ATTACHED setting hearing on docket 675
and ordering briefing schedule. The Clerk is
directed to serve copies of this order in accordance
with the attached order. Signed by Judge Richard A.
Lazzara on 2/3/2012. (CCB) (Entered: 02/03/2012)

02/03/2012

734

NOTICE of Hearing on 675 Unopposed Motion for
Miscellaneous Relief, specifically to (1) Approve
Determination And Priority Of Claims, (2) Pool
Receivership Assets And Liabilities, (3) Approve
Plan Of Distribution, and (4) Establish Objection
Procedure, set for 3/2/2012 at 9:00 AM in Tampa
Courtroom 15 B before Judge Richard A. Lazzara.
(CCB) (Entered: 02/03/2012)

02/06/2012

735

ORDER ATTACHED setting all objections to
docket 675 for oral argument on March 2, 2012.
Signed by Judge Richard A. Lazzara on 2/6/2012.
(CCB) (Entered: 02/06/2012)

02/06/2012

736

NOTICE of Limited Appearance by Terry Alan
Smiljanich on behalf of Burton W. Wiand
(Smiljanich, Terry) (Entered: 02/06/2012)

02/07/2012

737

NOTICE of Limited Appearance by Jonathan Betten
Cohen on behalf of Burton W. Wiand (Cohen,
Jonathan) (Entered: 02/07/2012)

02/07/2012

738

NOTICE of Limited Appearance by Sean P. Keefe
on behalf of Burton W. Wiand (Keefe, Sean)
(Entered: 02/07/2012)

02/08/2012

739

MOTION for miscellaneous relief, specifically to
Appoint Appraisers pursuant to 28 U.S.C. §2001 to

115

Appraise Receivership Real Property In Graham,
North Carolina by Burton W. Wiand. (Attachments:
# 1 Exhibit A − Qualifications of Thomas J.
Skeahan, # 2 Exhibit B − Qualifications of Roscoe
W. Shiplett, # 3 Exhibit C − Qualifications of Mark
A. Morgan)(Keefe, Sean) (Entered: 02/08/2012)
02/08/2012

740

MOTION for leave to file To File Late Claims
(Wells Fargo Bank, N.A. (1) For Determination that
the filing of Proofs of Claim Herein is not Necessary
to Preserve Secured Creditors' Valid State Law
Security Interests In, and Claims against, Collateral
In the Receiver's Possession or, In the Alternative,
(ii) For Leave to File Late Claims Pursuant to
FRCP 60(b) by Wells Fargo Bank, N.A..
(Attachments: # 1 Exhibit Composite Exh. A, # 2
Exhibit Composite Exh. B, # 3 Exhibit Composite
Exh. C, # 4 Exhibit Comosite Exh. D, # 5 Exhibit
Exhibit E)(Wirth, Steven) (Entered: 02/08/2012)

02/09/2012

741

ORDER ATTACHED regarding obligations of
attorneys with regard to motion to appoint
appraisers at docket 739. Signed by Judge Richard
A. Lazzara on 2/9/2012. (CCB) (Entered:
02/09/2012)

02/10/2012

742

ORDER ATTACHED granting 679 Receiver's
Motion to Approve Settlement With Goldman Sachs
Execution &Clearing, L.P. See written order for
complete details. Clerk is directed to enter the order
as a final judgment. Signed by Judge Richard A.
Lazzara on 2/10/2012. (DMB) (Entered:
02/10/2012)

02/10/2012

743

ORDER ATTACHED directing the Receiver to
Respond to docket 740 on or before 2/23/2012.
Signed by Judge Richard A. Lazzara on 2/10/2012.
(CCB) (Entered: 02/10/2012)

02/13/2012

744

JUDGMENT per settlement agreement order at doc.
742. (Signed by Deputy Clerk) (JLH) (Entered:
02/13/2012)

02/13/2012

745

RESPONSE re 733 Order filed by Wells Fargo
Bank, N.A., as successor by merger to Wachovia
Bank, N.A.. (Attachments: # 1 Exhibit, # 2 Exhibit,
# 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Barnett, Ana)
(Entered: 02/13/2012)

02/13/2012

746

LETTER to the Court dated 2/7/12from Diane
Pezick (JLH) (Entered: 02/14/2012)

02/14/2012

747

NOTICE of compliance re 739 MOTION for
miscellaneous relief, specifically to Appoint
Appraisers Receivers Motion to Appoint

116

AppraisersPursuant to 28 U.S.C. §2001 to Appraise
Receivership Real Property In Graham, North
Carolina, 741 Order Local Rule 3.01(G)
Certification For Docket Entry #739 by Burton W.
Wiand (Keefe, Sean) (Entered: 02/14/2012)
02/14/2012

748

NOTICE of compliance re 741 Order and
Counter−Submission of Appraisers by Wells Fargo
Bank, N.A., Wells Fargo Bank, N.A. (Attachments:
# 1 Exhibit Composite A)(Wirth, Steven) (Entered:
02/14/2012)

02/22/2012

749

NOTICE of Appearance by Anita M. Cream on
behalf of Securities and Exchange Commission
(Cream, Anita) (Entered: 02/22/2012)

02/22/2012

750

Unopposed MOTION to extend time to file
Memorandum by Securities and Exchange
Commission. (Cream, Anita) (Entered: 02/22/2012)

02/22/2012

751

MOTION to Approve Settlement by Burton W.
Wiand. (Attachments: # 1 Exhibit 1)(Morello,
Gianluca) (Entered: 02/22/2012)

02/23/2012

752

ENDORSED ORDER granting 750 Motion to
extend time to file memo. Deadline extended to
3/1/2012. Signed by Judge Richard A. Lazzara on
2/23/2012. (SKH) (Entered: 02/23/2012)

02/23/2012

753

RESPONSE re 745 Response, 733 Order filed by
Securities and Exchange Commission. (Masel,
Scott) (Entered: 02/23/2012)

02/23/2012

754

ORDER ATTACHED granting 751 Receiver's
Motion to Approve Settlement with Neil V. Moody
in connection with 8:10−cv−249−T−17MAP.
Signed by Judge Richard A. Lazzara on 2/23/2012.
(CCB) (Entered: 02/23/2012)

02/23/2012

755

RESPONSE in opposition to Motion of Wells Fargo
Bank, N.A. (I) for Determination re Proofs of
Claims filed by Burton W. Wiand. (Attachments: #
1 Exhibit A − Part 1 of 2, # 2 Exhibit A − Part 2 of
2)(Cohen, Jonathan) (Entered: 02/23/2012)

02/23/2012

756

DECLARATION of of Jonathan Cohen in Support
of the Receiver's Opposition to Motion of Wells
Fargo Bank, N.A. (I) for Determination That the
Filing of Proofs of Claim Herein Is Not Necessary
to Preserve Secured Creditors' Valid State Law
Security Interests In, and Claims Against, Collateral
in the Receiver's Possession, or in the Alternative,
(II) for Leave to File Late Claims re 755 Response
in opposition to motion by Burton W. Wiand.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3

117

Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit
F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10
Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13
Exhibit M)(Cohen, Jonathan) (Entered: 02/23/2012)
02/23/2012

757

RESPONSE re 733 Order Receiver's Memorandum
on Jurisdiction and Response to Wells Fargo Bank
and Trste's Memorandum on Jurisdiction filed by
Burton W. Wiand. (Cohen, Jonathan) (Entered:
02/23/2012)

02/24/2012

758

NOTICE of Limited Appearance by Megan
Elizabeth Davis on behalf of Burton W. Wiand
(Davis, Megan) (Entered: 02/24/2012)

02/27/2012

759

Unopposed MOTION for leave to file To File Reply
To Receiver's Opposition (Doc. No. 755) by Wells
Fargo Bank, N.A.. (Wirth, Steven) (Entered:
02/27/2012)

02/27/2012

760

ENDORSED ORDER granting 759 Motion for
Leave to File on or before Tuesday, February 28,
2012, at 5:00 p.m. Signed by Judge Richard A.
Lazzara on 2/27/2012. (CCB) (Entered: 02/27/2012)

02/28/2012

761

NOTICE by LandMark Bank of Florida of Intent to
Rely on Briefs (Hoeck, Kathryn) (Entered:
02/28/2012)

02/28/2012

762

RESPONSE To Opposition to Late Claim Motion
filed by Wells Fargo Bank, N.A.. (Wirth, Steven)
(Entered: 02/28/2012)

02/28/2012

763

Unopposed MOTION to allow electronic
equipment, specifically laptop computer for the
hearing scheduled on March 2, 2012 at 9:00 a.m. by
Burton W. Wiand. (Morello, Gianluca) (Entered:
02/28/2012)

02/29/2012

764

ORDER granting 763 Motion to allow laptop
computer. Signed by Judge Richard A. Lazzara on
2/29/2012. (SKH) (Entered: 02/29/2012)

02/29/2012

765

MOTION to continue Hearing Scheduled for March
2, 2012 on Pending Motions by Wells Fargo Bank,
N.A.. (Shaheen, Louis) (Entered: 02/29/2012)

02/29/2012

766

MOTION to disqualify (I) Receiver, (II) Disqualify
Wiand Guerra King, P.L. and (III) Disallow All
Fees Payable to the Receiver and His Counsel by
Wells Fargo Bank, N.A.. (Attachments: # 1 Exhibit
A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5
Exhibit E)(Shaheen, Louis) (Entered: 02/29/2012)

03/01/2012

767

RESPONSE in opposition re 765 MOTION to
continue Hearing Scheduled for March 2, 2012 on

118

Pending Motions filed by Burton W. Wiand.
(Smiljanich, Terry) (Entered: 03/01/2012)
03/01/2012

768

NOTICE by Burton W. Wiand re 757 Response
Notice of Filing (Attachments: # 1 Governments
Application for an Order Vacating the Preliminary
Order of Forfeiture)(Cohen, Jonathan) (Entered:
03/01/2012)

03/01/2012

769

NOTICE by Securities and Exchange Commission
(Attachments: # 1 Motion to Vacate, # 2 Exhibit A,
# 3 Exhibit B, # 4 Exhibit C)(Cream, Anita)
(Entered: 03/01/2012)

03/01/2012

770

ENDORSED ORDER: The Court will hear oral
argument on Wells Fargo's Motion to Continue on
Friday, March 2, 2012, at 9:00 a.m. Signed by Judge
Richard A. Lazzara on 3/1/2012. (CCB) (Entered:
03/01/2012)

03/01/2012

771

NOTICE by Wells Fargo Bank, N.A. re 766
MOTION to disqualify (I) Receiver, (II) Disqualify
Wiand Guerra King, P.L. and (III) Disallow All
Fees Payable to the Receiver and His Counsel
MOTION to disqualify (I) Receiver, (II) Disqualify
Wiand Guerra King, P.L. and (III) Disallow All
Fees Payable to the Receiver and His Counsel (Of
Filing Replacement Exhibit E) (Attachments: # 1
Exhibit E)(Shaheen, Louis) (Entered: 03/01/2012)

03/01/2012

772

RESPONSE in opposition re 765 MOTION to
continue Hearing Scheduled for March 2, 2012 on
Pending Motions filed by Securities and Exchange
Commission. (Masel, Scott) (Entered: 03/01/2012)

03/01/2012

773

RESPONSE re 733 Order filed by Securities and
Exchange Commission. (Attachments: # 1 Exhibit
A, # 2 Exhibit B, # 3 Exhibit C)(Cream, Anita)
(Entered: 03/01/2012)

03/02/2012

774

Minute Entry. Proceedings held before Judge
Richard A. Lazzara: Motion Hearing held on
3/2/2012. Court Reporter: Sherrill L. Jackson (MSS)
(Entered: 03/02/2012)

03/02/2012

775

ORDER ATTACHED granting in part 739 Motion
to Appoint Appraisers and directing filings on
3/9/2012, and denying 765 Motion to Continue
Hearing. Responses to 766 Motion to Disqualify due
on or before 3/9/2012. Signed by Judge Richard A.
Lazzara on 3/2/2012. (CCB) (Entered: 03/02/2012)

03/02/2012

776

ORDER ATTACHED granting 675 Motion to
Approve Determination and Priority of Claims, etc.,
as provided in the attached order. Ruling reserved

119

on [719 &740] Motion for Relief from Injunction
and Motion regarding filing Proofs of Claim. Signed
by Judge Richard A. Lazzara on 3/2/2012. (CCB)
(Entered: 03/02/2012)
03/02/2012

777

NOTICE by Securities and Exchange Commission
of Withdrawal of Government Counsel (Cream,
Anita) (Entered: 03/02/2012)

03/07/2012

778

Unopposed MOTION for extension of time to file
response/reply as to 766 MOTION to disqualify (I)
Receiver, (II) Disqualify Wiand Guerra King, P.L.
and (III) Disallow All Fees Payable to the Receiver
and His Counsel MOTION to disqualify (I)
Receiver, (II) Disqualify Wiand Guerra King, P.L.
and (III) Disallow All Fees Payable to the Receiver
and His Counsel by Wiand Guerra King P.L., The
Securities and Exchange Commission, and by
Burton W. Wiand. (Morello, Gianluca) Motions
referred to Magistrate Judge Thomas B. McCoun
III. (Entered: 03/07/2012)

03/07/2012

779

ENDORSED ORDER granting 778 Motion for
extension of time to file response to Motion to
Disqualify (I) Receiver, (II) Disqualify Wiand
Guerra King, P.L. and (III) Disallow All Fees
Payable to the Receiver and His Counsel. Deadline
extended to 3/14/2012. Signed by Judge Richard A.
Lazzara on 3/7/2012. (SKH) (Entered: 03/07/2012)

03/07/2012

780

Unopposed MOTION for miscellaneous relief,
specifically to Approve Public Sale of
Unencumbered Real Property Located in Raleigh,
Wake County, North Carolina by Burton W. Wiand.
(Attachments: # 1 Exhibit 1 − Proposed Order, # 2
Exhibit 2 − Notice of Sale, # 3 Exhibit 3 −
Engagement Letter)(Morello, Gianluca) (Entered:
03/07/2012)

03/08/2012

781

NOTICE by Burton W. Wiand re 775 Order on
Motion for Miscellaneous ReliefOrder on motion to
continue The Receivers Notice Of Selection Of
Appraiser Pursuant To Court Order Dated March 2,
2012 (Smiljanich, Terry) (Entered: 03/08/2012)

03/08/2012

782

ORDER granting 780 Motion to Approve Public
Sale of Unencumbered Real Property Located in
Raleigh, Wake County, North Carolina. Signed by
Judge Richard A. Lazzara on 3/8/2012. (SKH)
(Entered: 03/08/2012)

03/08/2012

783

NOTICE by Wells Fargo Bank, N.A. of Submission
of Appraiser (Wirth, Steven) (Entered: 03/08/2012)

03/09/2012

784

120

ORDER appointing additional appraisers for
property located at 841 South Main Street, Graham,
North Carolina. Signed by Judge Richard A.
Lazzara on 3/9/2012. (SKH) (Entered: 03/09/2012)
03/09/2012

785

NOTICE by Burton W. Wiand that Receiver has
Provided Notice of Approval of Receiver's Claims
Determination Motion (Morello, Gianluca)
(Entered: 03/09/2012)

03/14/2012

786

RESPONSE in opposition re 766 MOTION to
disqualify (I) Receiver, (II) Disqualify Wiand
Guerra King, P.L. and (III) Disallow All Fees
Payable to the Receiver and His Counsel MOTION
to disqualify (I) Receiver, (II) Disqualify Wiand
Guerra King, P.L. and (III) Disallow All Fees
Payable to the Receiver and His Counsel filed by
Burton W. Wiand. (Attachments: # 1 Exhibit A
Hearing Transcript March 2, 2012)(Cohen,
Jonathan) (Entered: 03/14/2012)

03/14/2012

787

DECLARATION of Burton W. Wiand re 786
Response in opposition to motion by Burton W.
Wiand. (Cohen, Jonathan) (Entered: 03/14/2012)

03/14/2012

788

MEMORANDUM in opposition re 766 Motion to
disqualify filed by Wiand Guerra King P.L..
(McNamara, Patrick) (Entered: 03/14/2012)

03/14/2012

789

DECLARATION of George L. Guerra re 788
Memorandum in opposition by Wiand Guerra King
P.L.. (McNamara, Patrick) (Entered: 03/14/2012)

03/15/2012

790

MEMORANDUM in opposition re 766 Motion to
disqualify Receiver and Wiand Guerra King filed by
Securities and Exchange Commission.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Masel,
Scott) (Entered: 03/15/2012)

03/15/2012

791

Unopposed MOTION for extension of time to file
response/reply as to 790 Memorandum in opposition
to Wells Fargo's Motion to Disqualify Receiver,
Disqualify Wiand Guerra King, and Disallow All
Fees for Receiver and His Counsel by Securities and
Exchange Commission. (Masel, Scott) Motions
referred to Magistrate Judge Thomas B. McCoun
III. (Entered: 03/15/2012)

03/15/2012

792

RESPONSE in opposition re 766 MOTION to
disqualify (I) Receiver, (II) Disqualify Wiand
Guerra King, P.L. and (III) Disallow All Fees
Payable to the Receiver and His Counsel MOTION
to disqualify (I) Receiver, (II) Disqualify Wiand
Guerra King, P.L. and (III) Disallow All Fees
Payable to the Receiver and His Counsel (Corrected

121

Version) filed by Securities and Exchange
Commission. (Attachments: # 1 Exhibit 1, # 2
Exhibit 2)(Masel, Scott) (Entered: 03/15/2012)
03/15/2012

793

ENDORSED ORDER granting 791 Motion for
extension of time to file response. Signed by Judge
Richard A. Lazzara on 3/15/2012. (SKH) (Entered:
03/15/2012)

03/15/2012

794

MOTION for leave to file (To File Reply To
Opposition of Receiver, Wiand Guerra King, P.L.
and The Securities and Exchange Commission to
Motion of Wells Fargo Bank, N.A. (I) To Disqualify
Receiver, (II) To Disqualify Wiand Guerra King,
P.L. and (III) To Disallow All Fees Payable to the
Receiver and His Counsel) by Wells Fargo Bank,
N.A.. (Wirth, Steven) (Entered: 03/15/2012)

03/15/2012

795

RESPONSE in opposition to Wells Fargo Motion
Docket No. 794 filed by Burton W. Wiand. (Cohen,
Jonathan) (Entered: 03/15/2012)

03/15/2012

796

RESPONSE in opposition to Wells Fargo Bank's
Motion for Leave to File Reply filed by Securities
and Exchange Commission. (Masel, Scott) (Entered:
03/15/2012)

03/15/2012

797

RESPONSE in opposition (AMENDED) to Wells
Fargo Motion Docket No. 794 filed by Burton W.
Wiand, Wiand Guerra King P.L.. (Cohen, Jonathan)
(Entered: 03/15/2012)

03/15/2012

798

NOTICE to the Courts to take judicial notice
regarding actual docketed court filings
characterized in the Receiver's Response in
Opposition to Wells Fargo's Motion for Leave to
Reply by Wells Fargo Bank, N.A.. (Attachments: #
1 Composite Exhibit A)(Wirth, Steven) (Entered:
03/15/2012)

03/16/2012

799

ENDORSED ORDER denying 794 Motion for
leave to file Reply to Opposition of Receiver.
Signed by Judge Richard A. Lazzara on 3/16/2012.
(SKH) (Entered: 03/16/2012)

03/16/2012

800

RESPONSE re 798 Notice to the Courts to take
judicial notice filed by Burton W. Wiand. (Cohen,
Jonathan) (Entered: 03/16/2012)

03/20/2012

801

TRANSCRIPT of Motion Hearing held on 3/2/12
before Judge Richard A. Lazzara. Court Reporter
Sherrill L. Jackson, FPR, RPR,Telephone number
813/301−5041. Transcript may be viewed at the
court public terminal or purchased through the Court
Reporter before the deadline for Release of

122

Transcript Restriction. After that date it may be
obtained through PACER or purchased through the
Court Reporter. Redaction Request due 4/10/2012,
Redacted Transcript Deadline set for 4/20/2012,
Release of Transcript Restriction set for 6/18/2012.
(SJ) (Entered: 03/20/2012)
03/20/2012

802

NOTICE to counsel of filing of OFFICIAL
TRANSCRIPT. The parties have seven (7) calendar
days to file with the court a Notice of Intent to
Request Redaction of this transcript. If no such
Notice is filed, the transcript may be made remotely
electronically available to the public without
redaction after 90 calendar days. Any party needing
a copy of the transcript to review for redaction
purposes may purchase a copy from the court
reporter or view the document at the clerk's office
public terminal. Court Reporter: Sherrill L. Jackson
(SJ) (Entered: 03/20/2012)

03/29/2012

803

Unopposed MOTION to Approve Settlement
regarding Shoreline Trading Group, LLC
("Shoreline") by Burton W. Wiand. (Attachments: #
1 Exhibit A − Executed Settlement Agreement, # 2
Exhibit B − CFTC v. Equity Fin. Grp., Rec's Memo
of Law, # 3 Exhibit C − Proposed Order)(Morello,
Gianluca) (Entered: 03/29/2012)

03/29/2012

804

DECLARATION of Burton W. Wiand re 803
Unopposed MOTION to Approve Settlement
regarding Shoreline Trading Group, LLC
("Shoreline")Unopposed MOTION to Approve
Settlement regarding Shoreline Trading Group,
LLC ("Shoreline") by Burton W. Wiand. (Morello,
Gianluca) (Entered: 03/29/2012)

03/29/2012

805

Unopposed MOTION for miscellaneous relief,
specifically to approve proposed notice of
settlement relating to Docket 803 by Burton W.
Wiand. (Attachments: # 1 Exhibit A − Proposed
Notice)(Morello, Gianluca) (Entered: 03/29/2012)

03/30/2012

806

ORDER ATTACHED granting 805 Motion to
Approve Proposed Notice of Settlement. Signed by
Judge Richard A. Lazzara on 3/30/2012. (CCB)
(Entered: 03/30/2012)

03/30/2012

807

Unopposed MOTION to Approve Settlement re:
YMCA Foundation of Sarasota, Inc. by Burton W.
Wiand. (Attachments: # 1 Exhibit A)(Morello,
Gianluca) (Entered: 03/30/2012)

04/02/2012

808

ORDER ATTACHED granting 807 Receiver's
Motion to Approve Settlement with the YMCA

123

Foundation of Sarasota, Inc. Signed by Judge
Richard A. Lazzara on 4/2/2012. (CCB) (Entered:
04/02/2012)
04/03/2012

809

NOTICE by Burton W. Wiand re 806 Order on
Motion for Miscellaneous Relief − Notice of
Receiver's Mailing of Court−Approved Notice of
Settlement With Shoreline Trading Group, LLC
(Morello, Gianluca) (Entered: 04/03/2012)

04/04/2012

810

MOTION for miscellaneous relief, specifically
Unopposed Verified Motion for Approval of Sale of
Real Property Located in Tazewell, TN by Burton
W. Wiand. (Attachments: # 1 Text of Proposed
Order, # 2 Exhibit Summary Appraisal Report, # 3
Exhibit Search Results, # 4 Exhibit Purchase
Agreement, # 5 Exhibit Composite Exhibit, # 6
Exhibit Notice of Sale)(Morello, Gianluca)
(Entered: 04/04/2012)

04/05/2012

811

ORDER granting 810 Motion for Approval of Sale
of Real Property. Signed by Judge Richard A.
Lazzara on 4/5/2012. (SKH) (Entered: 04/05/2012)

04/10/2012

812

NOTICE by Burton W. Wiand Notice Of Filing
Appraisals Of Receivership Real Property Located
In Graham, Alamance County, North Carolina
(Attachments: # 1 Exhibit A − Jeffrey Skeahan Rite
Aid Appraisal, # 2 Exhibit B − Roscoe Shiplett Rite
Aid Appraisal)(Cohen, Jonathan) (Entered:
04/10/2012)

04/10/2012

813

Unopposed MOTION for miscellaneous relief,
specifically for Approval of Agreement Regarding
Repayment of Debt, Termination of Rights and
Repurchase of Securities Relating to Bonds.com by
Burton W. Wiand. (Attachments: # 1 Exhibit A −
Proposed Order, # 2 Exhibit B)(Morello, Gianluca)
(Entered: 04/10/2012)

04/10/2012

814

DECLARATION of Burton W. Wiand, as Receiver
re 813 Unopposed MOTION for miscellaneous
relief, specifically for Approval of Agreement
Regarding Repayment of Debt, Termination of
Rights and Repurchase of Securities Relating to
Bonds.com by Burton W. Wiand. (Attachments: # 1
Exhibit A, # 2 Exhibit B)(Morello, Gianluca)
(Entered: 04/10/2012)

04/11/2012

815

NOTICE by Burton W. Wiand of Publication of
Receiver's Court−Approved Notice of Settlement
with Shoreline Trading Group, LLC (Morello,
Gianluca) (Entered: 04/11/2012)

04/13/2012

816

124

ORDER granting 813 Receiver's Unopposed
Verified Motion for Approval of Agreement
Regarding Repayment of Debt, Termination of
Rights, and Repurchase of Securities Relating to
Bond.com. Signed by Judge Richard A. Lazzara on
4/13/2012. (SKH) (Entered: 04/13/2012)
04/16/2012

817

Verified MOTION for miscellaneous relief,
specifically for an order approving the sale of
Property To Tri−Arc by Burton W. Wiand.
(Attachments: # 1 Text of Proposed Order Exhibit 1,
# 2 Exhibit 2)(Morello, Gianluca) (Entered:
04/16/2012)

04/17/2012

818

RESPONSE in opposition re 766 MOTION to
disqualify (I) Receiver, (II) Disqualify Wiand
Guerra King, P.L. and (III) Disallow All Fees
Payable to the Receiver and His Counsel MOTION
to disqualify (I) Receiver, (II) Disqualify Wiand
Guerra King, P.L. and (III) Disallow All Fees
Payable to the Receiver and His Counsel The
Receivers Corrected Response In Opposition to
Motion To Disqualify Receiver filed by Burton W.
Wiand. (Cohen, Jonathan) (Entered: 04/17/2012)

04/17/2012

819

ORDER granting 817 Motion for Order Approving
Sale of Property located in Raleigh, Wake County,
North Carolina, to Tri−Arc Food Systems, Inc.
Signed by Judge Richard A. Lazzara on 4/17/2012.
(SKH) (Entered: 04/17/2012)

04/19/2012

820

SUGGESTION of Death of Defendant Arthur Nadel
bySecurities and Exchange Commission. (Masel,
Scott) (Entered: 04/19/2012)

04/19/2012

821

NOTICE by William Gordon and Brian Gordon on
SEC Receivership Action (Attachments: # 1 Mailing
Envelope)(SAH) (Entered: 04/20/2012)

04/25/2012

822

ORDER ATTACHED denying 766 Motion to
Disqualify in all respects. Signed by Judge Richard
A. Lazzara on 4/25/2012. (CCB) (Entered:
04/25/2012)

04/26/2012

823

MOTION for miscellaneous relief, specifically To
Approve The Sale Of Real Property Receivers
Verified Renewed Motion To Approve The Sale Of
Real Property Located In Graham, Alamance
County, North Carolina by Burton W. Wiand.
(Attachments: # 1 Exhibit 1 Proposed Order, # 2
Exhibit 2 Agreement of Sale and Purchase, # 3
Exhibit 3 CBRE Appraisal, # 4 Exhibit 4 Grubb
&Ellis Appraisal, # 5 Exhibit 5 Fortenberry
Appraisal, # 6 Exhibit 6 Publication − Notice of

125

Sale, # 7 Exhibit 7 SEC v Mutual Benefits, # 8
Exhibit 8 Email July 22, 2009)(Cohen, Jonathan)
(Entered: 04/26/2012)
04/27/2012

824

ENDORSED ORDER directing expedited response
by Wells Fargo Bank, N.A. to respond to 823
Receiver's Verified Renewed Motion To Approve
The Sale Of Real Property Located In Graham,
Alamance County, North Carolina. Response due on
or before 5/2/2012. Signed by Judge Richard A.
Lazzara on 4/27/2012. (CCB) (Entered: 04/27/2012)

04/27/2012

825

Unopposed MOTION for miscellaneous relief,
specifically to (1) Approve First Interim
Distribution, (2) Establish Reserves, and (3)
Approve Revisions to Certain Claim Determinations
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Distribution Schedule, # 2 Exhibit B − Reserves, # 3
Exhibit C − Revisions to Certain Claim
Determinations, # 4 Exhibit D − Proposed
Order)(Morello, Gianluca) (Entered: 04/27/2012)

04/27/2012

826

ENDORSED ORDER directing expedited response
by Wells Fargo Bank, N.A. to 825 Unopposed
Motion to (1) Approve First Interim Distribution,
(2) Establish Reserves, and (3) Approve Revisions
to Certain Claim Determinations. Response due on
or before 5/2/2012. Signed by Judge Richard A.
Lazzara on 4/27/2012. (CCB) (Entered: 04/27/2012)

04/30/2012

827

NOTICE by General Electric Capital Corporation,
VFS Financing, Inc. Notice of Request to be
Removed from Mailing Matrix (Kasten, Arthur)
(Entered: 04/30/2012)

04/30/2012

828

NOTICE by Burton W. Wiand of (1) Publication of
Receiver's Court−Approved Notice of Sale and (2)
That No Additional Offer to Purchase Real Property
Located in Tazewell, TN Has Been Received
(Morello, Gianluca) (Entered: 04/30/2012)

05/01/2012

829

MOTION to Approve Settlement re: John V. Cloud
and Catherine S. Cloud, as Co−Trustees of the
Mary Anne Cloud Revocable Trust dtd 03/13/1987
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Lamont, Michael)
(Entered: 05/01/2012)

05/01/2012

830

ORDER ATTACHED granting 829 Receiver's
Motion to Approve Settlement with John V. Cloud
and Catherine S. Cloud associated with Case No.
8:10−cv−165−17MAP. Signed by Judge Richard A.
Lazzara on 5/1/2012. (CCB) (Entered: 05/01/2012)

05/02/2012

831

126

OBJECTION re 825 Unopposed MOTION for
miscellaneous relief, specifically to (1) Approve
First Interim Distribution, (2) Establish Reserves,
and (3) Approve Revisions to Certain Claim
DeterminationsUnopposed MOTION for
miscellaneous relief, specifically to (1) Approve
First Interim Distribution, (2) Establish Reserves,
and (3) Approve Revisions to Certain Claim
Determinations (LIMITED OBJECTION AND
MEMORANDUM OF LAW) by Wells Fargo Bank,
N.A. by Wells Fargo Bank, N.A.. (Wirth, Steven)
(Entered: 05/02/2012)
05/02/2012

832

MEMORANDUM in opposition re 823 Motion for
miscellaneous relief filed by Wells Fargo Bank,
N.A.. (Attachments: # 1 Exhibit A − Declaration of
Carol Lomax Fortenberry, MAI, # 2 Exhibit B −
Standard &Poors, Ratings for Rite Aid
Corp.)(Wirth, Steven) (Entered: 05/02/2012)

05/04/2012

833

MOTION for leave to file Reply Receivers Opposed
Motion For Leave To Reply To Limited Objection
Of Wells Fargo Bank, N.A.In Opposition To
Receivers Unopposed Motion To (1) Approve First
Interim Distribution, (2) Establish Reserves, And (3)
Approve Revisions To Certain Claims
Determinations by Burton W. Wiand. (Cohen,
Jonathan) (Entered: 05/04/2012)

05/04/2012

834

ENDORSED ORDER granting 833 Motion for
Leave to File Reply to Wells Fargo Bank's Limited
Objection at docket 831 on or before 5:00 p.m.
today, May 4, 2012. Signed by Judge Richard A.
Lazzara on 5/4/2012. (CCB) (Entered: 05/04/2012)

05/04/2012

835

ORDER granting 803 Motion to Approve
Settlement regarding Shoreline Trading Group,
LLC. Signed by Judge Richard A. Lazzara on
5/4/2012. (SKH) (Entered: 05/04/2012)

05/04/2012

836

RESPONSE re 831 Objection Receivers Reply To
Limited Objection Of Wells Fargo Bank, N.A. In
Opposition To ReceiversUnopposed Motion To (1)
Approve First Interim Distribution, (2) Establish
Reserves, And (3)Approve Revisions To Certain
Claims Determinations filed by Burton W. Wiand.
(Cohen, Jonathan) (Entered: 05/04/2012)

05/04/2012

837

NOTICE by Burton W. Wiand of Filing April 24,
2012, Order Entered in United States v. A. Nadel,
Case No. 09−cr−433 (JGK) (S.D.N.Y.)
(Attachments: # 1 Exhibit A − Order)(Morello,
Gianluca) (Entered: 05/04/2012)

127

05/07/2012

838

ORDER ATTACHED regarding approval of first
interim distribution referenced at docket 825. Signed
by Judge Richard A. Lazzara on 5/7/2012. (CCB)
(Entered: 05/07/2012)

05/07/2012

839

ORDER granting 825 Unopposed Motion to
approve first interim distribution, establish reserved
and approve revision to certain claim
determinations. Signed by Judge Richard A. Lazzara
on 5/7/2012. (see order) (MSS) (Entered:
05/07/2012)

05/07/2012

Mail returned as Undeliverable re: 819 Order on
Motion for Miscellaneous Relief. Mail not resent to
Arhur Nadel, 820 suggestion of death. (SAH)
(Entered: 05/09/2012)

05/07/2012

Mail returned as Undeliverable re: 822 Order on
motion to disqualify. Mail not resent to Arthur
Nadel, 820 suggestion of death. (SAH) (Entered:
05/09/2012)

05/08/2012

840

ORDER ATTACHED regarding the sale of the
Graham, North Carolina (Rite−Aid) property
referenced at docket 823. Signed by Judge Richard
A. Lazzara on 5/8/2012. (CCB) (Entered:
05/08/2012)

05/08/2012

841

ENDORSED ORDER denying as moot 719 Motion
to Compel. Signed by Judge Richard A. Lazzara on
5/8/2012. (CCB) (Entered: 05/08/2012)

05/08/2012

842

ORDER granting 823 Receiver's Verified Motion to
Approve the Sale of Real Property Located in
Graham, Alamance County, North Carolina. Signed
by Judge Richard A. Lazzara on 5/8/2012. (SKH)
(Entered: 05/08/2012)

05/11/2012

843

NOTICE by Burton W. Wiand re 840 Order, 842
Order on Motion for Miscellaneous Relief Notice Of
Factual Development Regarding Sale Of Real
Property Located In Graham, Alamance County,
North Carolina (Attachments: # 1 Exhibit 1)(Cohen,
Jonathan) (Entered: 05/11/2012)

05/14/2012

844

NOTICE of Hearing on Motion for Leave to File
Late Claims (Dkt. 740) set for 6/1/2012 at 09:30
AM in Tampa Courtroom 15 B before Judge
Richard A. Lazzara. (CCB) (Entered: 05/14/2012)

05/14/2012

845

Unopposed MOTION for referral to mediation
Receiver's Unopposed Motion For Order Directing
Mediation by Burton W. Wiand. (Attachments: # 1
Text of Proposed Order)(Cohen, Jonathan) (Entered:
05/14/2012)

128

05/14/2012

846

Amended MOTION for referral to mediation
Receiver's Corrected And Unopposed Motion For
Order Directing Mediation by Burton W. Wiand.
(Attachments: # 1 Text of Proposed Order)(Cohen,
Jonathan) (Entered: 05/14/2012)

05/14/2012

847

ORDER granting 846 Amended Motion for referral
to mediation. The Receiver and Wells Fargo are
directed to select and agreed−upon mediator, date,
time and location to occur withint 45 days. Parties
are to appear at the mediation personally by counsel
and corporate officers. The receiver is directed to
notify the Court of the selected mediator, date, time
and location of the medication. Signed by Judge
Richard A. Lazzara on 5/14/2012. (see order) (MSS)
(Entered: 05/14/2012)

05/14/2012

848

ENDORSED ORDER: The motion for referral of
mediation at docket 845 is denied as moot. In view
of the Court's order referring the parties to
mediation, the hearing scheduled for Friday June 1,
2012, at 9:30 a.m. is cancelled. Signed by Judge
Richard A. Lazzara on 5/14/2012. (CCB) (Entered:
05/14/2012)

05/14/2012

849

NOTICE canceling hearing scheduled for June 1,
2012. (CCB) (Entered: 05/14/2012)

05/14/2012

850

NOTICE by Burton W. Wiand re 843 Notice
(Other)Notice (Other) Notice Of Additional Factual
Development Regarding Sale Of Real Property
Located In Graham, Alamance County, North
Carolina (Cohen, Jonathan) (Entered: 05/14/2012)

05/14/2012

851

ENDORSED ORDER: In view of the two Notices
filed by the Receiver at dockets 843 and 850 with
regard to the sale of the "Rite Aid Property,"
counsel for the Receiver and counsel for Wells
Fargo are directed to appear before the Court for an
expedited status conference on Tuesday, May 15,
2012, at 9:00 a.m. Signed by Judge Richard A.
Lazzara on 5/14/2012. (CCB) (Entered: 05/14/2012)

05/14/2012

852

NOTICE of Hearing: Status Conference set for
5/15/2012 at 09:00 AM in Tampa Courtroom 15 B
before Judge Richard A. Lazzara. (CCB) (Entered:
05/14/2012)

05/14/2012

853

Emergency MOTION for reconsideration re 840
Order, 842 Order on Motion for Miscellaneous
Relief (Limited Emergency Motion) by Wells Fargo
Bank, N.A.. (Attachments: # 1 Exhibit A)(Wirth,
Steven) (Entered: 05/14/2012)

05/14/2012

129

Mail returned as Undeliverable (Defendant
deceased) re: 824 OrderOrder directing response to
motion. Mail NO LONGER TO BE RESENT to
Arthur Nadel. (BSN) (Entered: 05/15/2012)
05/15/2012

854

Minute Entry. Proceedings held before Judge
Richard A. Lazzara: Status Conference held on
5/15/2012. Court Reporter: Sandra K. Provenzano
(MSS) (Entered: 05/15/2012)

05/15/2012

855

ORDER ATTACHED denying 853 Emergency
Motion for Reconsideration. Signed by Judge
Richard A. Lazzara on 5/15/2012. (CCB) (Entered:
05/15/2012)

05/15/2012

856

NOTICE by LandMark Bank of Florida of Attorney
Hoeck's Request to be Removed from Mailing
Matrix (Hoeck, Kathryn) (Entered: 05/15/2012)

05/15/2012

857

Supplemental MOTION for miscellaneous relief,
specifically Unopposed Motion to Approve First
Interim Distribution and Approve Revisions to
Certain Claim Determinations by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Revised Distribution
Schedule, # 2 Exhibit B − Proposed Order)(Morello,
Gianluca) (Entered: 05/15/2012)

05/17/2012

858

ORDER granting 857 Motion to approve first
interim distribution and approval revisions to certain
claim determinations. Signed by Judge Richard A.
Lazzara on 5/17/2012. (see order) (MSS) (Entered:
05/17/2012)

05/18/2012

859

Unopposed MOTION for attorney fees Receiver's
Eleventh Interim Motion for Order Awarding Fees,
Costs, and Reimbursement of Costs to Receiver and
His Professionals by Burton W. Wiand.
(Attachments: # 1 Exhibit 1−Standardized Fund
Accounting Report, # 2 Exhibit 2−Receiver's Tenth
Interim Report, # 3 Exhibit 3−Scoop
Receivership−Representation of Scoop
Receivership, # 4 Exhibit 4−Scoop
Receivership−Recovery from Investors, # 5 Exhibit
5Scoop Receivership−Recovery of Assets from N.
and C. Moody, # 6 Exhibit 6−Scoop
Receivership−Recovery of Commissions, # 7
Exhibit 7−Categorization and Summary of All Costs
Incurred by WGK, # 8 Exhibit 8−Attorney Fee
Schedule, # 9 Exhibit 9−Scoop Legal Team−Scoop
Capital, LLC Receivership, # 10 Exhibit 10−Fowler
White Boggs, # 11 Exhibit 11−Scoop Legal
Team−Recovery from Investors, # 12 Exhibit
12−Scoop Legal Team−Recovery of Assets from N.
and C. Moody, # 13 Exhibit 13−Scoop Legal

130

Team−Recovery of Commissions, # 14 Exhibit
14−Scoop Legal Team−Holland &Knight, # 15
Exhibit 15−PDR Certified Public Accountants, # 16
Exhibit 16−Riverside Financial Group, # 17 Exhibit
17−The RWJ Group, LLC, # 18 Exhibit 18−Orrick,
# 19 Exhibit 19−Proposed Order)(Morello,
Gianluca) (Entered: 05/18/2012)
05/22/2012

861

05/22/2012

MOTION for miscellaneous relief, specifically
non−party for relief from freeze on assets by
Marguerite J. Nadel. (Attachments: # 1 Affidavit, #
2 Exhibit, # 3 Mailing Envelope)(SAH) (Entered:
05/24/2012)
Mail returned as Undeliverable re: 840 Order, 806
Order on Motion for Miscellaneous Relief. Mail NO
LONGER TO BE RESENT to Arthur Nadel. (SAH)
(Entered: 05/24/2012)

05/24/2012

860

ORDER granting 859 Unopposed Receiver's
Eleventh Interim Motion for awarding fees, costs
and reimbursement of costs to receiver and his
professionals. Signed by Judge Richard A. Lazzara
on 5/24/2012. (see order) (MSS) (Entered:
05/24/2012)

05/24/2012

862

ORDER ATTACHED denying without prejudice
for failure to comply with Local Rule 3.01(g) 861
Motion for Relief from Freeze on Assets. The
movant and Receiver are directed to confer within 7
days. Signed by Judge Richard A. Lazzara on
5/24/2012. (CCB) (Entered: 05/24/2012)

05/31/2012

863

STATUS REPORT Receiver's Eleventh Interim
Report (12/1/11 − 3/31/12) by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Standardized Fund
Accounting Report, # 2 Exhibit B − Receivership
Assets Sold or Otherwise Disposed, # 3 Exhibit C −
Chris Moody's Assets)(Morello, Gianluca) (Entered:
05/31/2012)

05/31/2012

864

MOTION to Approve Settlement re: Benjamin
Linstead by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
05/31/2012)

06/01/2012

865

ORDER ATTACHED granting 864 Receiver's
Motion to Approve Settlement with Benjamin
Linstead. Signed by Judge Richard A. Lazzara on
6/1/2012. (CCB) (Entered: 06/01/2012)

06/01/2012

866

ORDER ATTACHED directing parties to file notice
of mediation within 7 days in accord with the
attached order. Signed by Judge Richard A. Lazzara

131

on 6/1/2012. (CCB) (Entered: 06/01/2012)
06/05/2012

867

NOTICE of mediation conference/hearing to be held
on July 19 and 20, 2012 at 9:30 A.M. before
Howard A. Tescher. (Cohen, Jonathan) (Entered:
06/05/2012)

06/05/2012

868

Unopposed MOTION to extend time to complete
mediation by Burton W. Wiand. (Attachments: # 1
Text of Proposed Order)(Cohen, Jonathan) (Entered:
06/05/2012)

06/05/2012

869

ORDER granting 868 Motion to extend time to
complete mediation. Signed by Judge Richard A.
Lazzara on 6/5/2012. (SKH) (Entered: 06/05/2012)

06/06/2012

870

ORDER appointing Howard A. Tescher as mediator
in this action. Mediation Conference scheduled for
July 19−20, 2012 at 9:30 a.m. each day. Said
mediation shall not be cancelled/continued without
leave of Court. Signed by Judge Richard A. Lazzara
on 6/6/2012. (SKH) (Entered: 06/06/2012)

06/21/2012

871

MOTION for miscellaneous relief, specifically of
non−party Marguerite J. Nadel for relief from freeze
on assets (oral hearing requested). (Attachments: # 1
Mailing Envelope)(LD) (Entered: 06/21/2012)

06/22/2012

872

ORDER directing response and scheduling hearing
on Marguerite Nadel's Motion for Relief from
Freeze on Assets. The receiver shall file a response
on or before 7/3/2012. Hearing scheduled 7/6/2012
at 11:30 a.m., before the undersigned, in Courtroom
15B. Signed by Judge Richard A. Lazzara on
6/22/2012. (SKH) (Entered: 06/22/2012)

06/22/2012

873

NOTICE of Hearing on Motion 871 for
miscellaneous relief, specifically of non−party
Marguerite J. Nadel, for relief from freeze on assets:
Motion Hearing set for 7/6/2012 at 11:30 a.m. in
Courtroom 15B before Judge Richard A. Lazzara.
(SKH) (Entered: 06/22/2012)

06/25/2012

874

TRANSCRIPT of Motion Hearing held on 05/15/12
before Judge Richard A. Lazzara. Court
Reporter/Transcriber Sandra K.
Provenzano,Telephone number 813/301−5699.
Transcript may be viewed at the court public
terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release
of Transcript Restriction. After that date it may be
obtained through PACER or purchased through the
Court Reporter. Redaction Request due 7/16/2012,
Redacted Transcript Deadline set for 7/26/2012,
Release of Transcript Restriction set for 9/24/2012.

132

(SKP) (Entered: 06/25/2012)
06/25/2012

875

NOTICE to counsel of filing of OFFICIAL
TRANSCRIPT. The parties have seven (7) calendar
days to file with the court a Notice of Intent to
Request Redaction of this transcript. If no such
Notice is filed, the transcript may be made remotely
electronically available to the public without
redaction after 90 calendar days. Any party needing
a copy of the transcript to review for redaction
purposes may purchase a copy from the court
reporter or view the document at the clerk's office
public terminal. Court Reporter: Sandra K.
Provenzano (SKP) (Entered: 06/25/2012)

06/26/2012

876

NOTICE of Hearing on 871 Motion for
miscellaneous relief, specifically of non−party
Marguerite J. Nadel for relief from freeze on assets.
(Hearing on July 6th 873 cancelled and
rescheduled.) Hearing SET for Thursday, July 12,
2012 at 09:45 AM in Tampa Courtroom 15 B before
Judge Richard A. Lazzara. The Clerk is directed to
send a copy of this notice to Marguerite
Nadel.(CCB) (Entered: 06/26/2012)

06/29/2012

877

Unopposed MOTION for miscellaneous relief,
specifically to pay filing fees for arbitration
proceedings directly from funds in the Receivership
Estate by Burton W. Wiand. (Morello, Gianluca)
(Entered: 06/29/2012)

06/29/2012

878

ORDER ATTACHED granting 877 Motion for
Leave to Pay Arbitration Filing Fees Directly From
Receivership Estate. Signed by Judge Richard A.
Lazzara on 6/29/2012. (CCB) (Entered: 06/29/2012)

07/03/2012

879

RESPONSE in opposition re 871 MOTION for
miscellaneous relief, specifically of non−party
Marguerite J. Nadel for relief from freeze on assets
(oral hearing requested) Verified Opposition filed by
Burton W. Wiand. (Attachments: # 1 Exhibit 1 − G.
Morello Declaration, # 2 Exhibit 2 − B. Wiand
Declaration, # 3 Exhibit 3 − W. Price Declaration, #
4 Exhibit 4 − Indictment and Nadel's agreement to
plead guilty)(Morello, Gianluca) (Entered:
07/03/2012)

07/05/2012

880

MOTION to Approve Settlement by Burton W.
Wiand. (Attachments: # 1 Exhibit Exhibit A −
Settlement Agreement)(Lamont, Michael) (Entered:
07/05/2012)

07/06/2012

881

ORDER ATTACHED granting 880 Motion to
Approve Settlement with Girls, Inc. of Sarasota

133

County. Signed by Judge Richard A. Lazzara on
7/6/2012. (CCB) (Entered: 07/06/2012)
07/12/2012

882

MOTION to Approve Settlement by Burton W.
Wiand. (Attachments: # 1 Exhibit A − Settlement
Agreement)(Lamont, Michael) (Entered:
07/12/2012)

07/12/2012

883

Minute Entry. Proceedings held before Judge
Richard A. Lazzara: Motion Hearing held on
7/12/2012 re 871 MOTION for miscellaneous relief,
specifically of non−party Marguerite J. Nadel for
relief from freeze on assets (oral hearing requested).
Court Reporter: Claudia Spangler−Fry (MSS)
(Entered: 07/12/2012)

07/12/2012

884

ENDORSED ORDER denying 871 Motion for
relief from freeze of assets. Signed by Judge
Richard A. Lazzara on 7/12/2012. (MSS) (Entered:
07/12/2012)

07/12/2012

885

ORDER ATTACHED granting 882 Motion to
Approve Settlement between the Receiver and
Geofco Holdings, Inc., Michael G. Edgecombe, and
Barbara Edgecombe, in the amount of and within
the time period provided for in the agreement.
Signed by Judge Richard A. Lazzara on 7/12/2012.
(SKH) Modified on 7/12/2012 (SKH). (Entered:
07/12/2012)

07/17/2012

886

MOTION for clarification re 884 Order on Motion
for Miscellaneous Relief by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Proposed
Order)(Morello, Gianluca) (Entered: 07/17/2012)

07/17/2012

887

ORDER ATTACHED granting 886 Motion for
Clarification. Signed by Judge Richard A. Lazzara
on 7/17/2012. (SKH) (Entered: 07/17/2012)

07/19/2012

888

MOTION to Approve Settlement re: EFG Bank
f/k/a EFG Private Bank SA and DEUnit Trust
Associates by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
07/19/2012)

07/19/2012

889

ORDER ATTACHED granting 888 Motion to
Approve Settlement. Signed by Judge Richard A.
Lazzara on 7/19/2012. (CCB) (Entered: 07/19/2012)

07/20/2012

890

MEDIATION REPORT Hearing held on
07/19/2012 Hearing outcome: adjourned(Cohen,
Jonathan) (Entered: 07/20/2012)

08/01/2012

891

Unopposed MOTION for miscellaneous relief,

134

specifically to approve the sale of a Yamaha Baby
Grand Piano by Burton W. Wiand. (Attachments: #
1 Exhibit 1 − Proposed Order)(Morello, Gianluca)
(Entered: 08/01/2012)
08/02/2012

892

ORDER granting 891 Unopposed Motion to
approve sale of Yamaha Baby Grand Piano. Signed
by Judge Richard A. Lazzara on 8/2/2012. (MSS)
(Entered: 08/02/2012)

08/13/2012

893

NOTICE of unavailability of counsel byWells Fargo
Bank, N.A. from August 21, 2012 to September 4,
2012. (Wirth, Steven) (Entered: 08/13/2012)

08/13/2012

894

NOTICE of unavailability of counsel byWells Fargo
Bank, N.A. from August 22, 2012 to September 3,
2012. (Shaheen, Louis) (Entered: 08/13/2012)

08/23/2012

895

MOTION to Approve Settlement re: Richard E.
Russell, individually and as Trustee of the Richard
E. Russell Revocable Living Trust by Burton W.
Wiand. (Attachments: # 1 Exhibit A − Executed
Settlement Agreement)(Lamont, Michael) (Entered:
08/23/2012)

08/23/2012

896

ORDER ATTACHED granting 895 Motion to
Approve Settlement with Richard E. Russell,
individually and as Trustee of the Richard E. Russell
Revocable Living Trust, and associated with Case
8:10−cv−176−T−17MAP. Signed by Judge Richard
A. Lazzara on 8/23/2012. (CCB) (Entered:
08/23/2012)

08/28/2012

897

Unopposed MOTION for attorney fees Receiver's
Twelfth Interim Motion for Order Awarding Fees,
Costs, and Reimbursement of Costs To Receiver and
His Professionals by Burton W. Wiand.
(Attachments: # 1 Exhibit 1−Standardized Fund
Accounting Report, # 2 Exhibit 2−Receiver's
Eleventh Interim Report, # 3 Exhibit 3−Scoop
Receivership−Representation of Scoop
Receivership, # 4 Exhibit 4−Scoop
Receivership−Recovery from Investors, # 5 Exhibit
5−Scoop Receivership−Recovery of Assets from
Moodys, # 6 Exhibit 6−Scoop
Receivership−Holland &Knight, # 7 Exhibit
7−Categorization and Summary of WGK Costs, # 8
Exhibit 8−Attorney Fee Schedule, # 9 Exhibit
9−Scoop Legal Team − Scoop Capital LLC
Receivership, # 10 Exhibit 10−Scoop Legal Team −
Recovery from Investors, # 11 Exhibit 11−Scoop
Legal Team − Recovery from Moodys, # 12 Exhibit
12−Scoop Legal Team − Recovery of Commissions,
# 13 Exhibit 13−Scoop Legal Team − Holland

135

&Knight, # 14 Exhibit 14−Litigation Involving
Wells Fargo, # 15 Exhibit 15−James, Hoyer, et al., #
16 Exhibit 16−de la Parte &Gilbert, P.A., # 17
Exhibit 17−PDR Certified Public Accountants, # 18
Exhibit 18−Riverside Financial Group, # 19 Exhibit
19−E−Hounds, Inc., # 20 Exhibit 20−The RWJ
Group, LLC, # 21 Exhibit 21−Yip Levi, # 22
Exhibit 22−Orrick, Herrington &Sutcliffe (Europe)
LLP, # 23 Exhibit 23−Kirby Noonan Lance &Hoge
LLP, # 24 Exhibit 24−Proposed Order)(Morello,
Gianluca) (Entered: 08/28/2012)
08/28/2012

898

MOTION to Approve Settlement with Holland
&Knight LLP and Scott R. MacLeod by Burton W.
Wiand. (Attachments: # 1 Exhibit A − Settlement
Agreement, # 2 Exhibit B − Proposed Order
Approving Settlement Agreement)(Morello,
Gianluca) (Entered: 08/28/2012)

08/28/2012

899

AFFIDAVIT of Burton W. Wiand re: 898 MOTION
to Approve Settlement with Holland &Knight LLP
and Scott R. MacLeod by Burton W. Wiand.
(Morello, Gianluca) (Entered: 08/28/2012)

08/28/2012

900

MOTION for miscellaneous relief, specifically to
approve proposed notice of settlement with Holland
&Knight LLP and Scott R. MacLeod by Burton W.
Wiand. (Attachments: # 1 Exhibit A − Proposed
Notice of Settlement)(Morello, Gianluca) (Entered:
08/28/2012)

08/29/2012

901

ENDORSED ORDER granting 900 Motion to
Approve Proposed Notice of Settlement. Signed by
Judge Richard A. Lazzara on 8/29/2012. (CCB)
(Entered: 08/29/2012)

08/31/2012

902

Unopposed MOTION for miscellaneous relief,
specifically for Approval of Agreement Regarding
Sale of Securities of Endai Marketing Growth, Inc.
Verified by Burton W. Wiand. (Attachments: # 1
Exhibit 1 − Proposed Order, # 2 Exhibit 2 −
Agreement)(Morello, Gianluca) (Entered:
08/31/2012)

08/31/2012

903

ORDER granting 902 Receiver's Unopposed
Verified Motion for Approval of Agreement
Regarding Sale of Securities of Endai Marketing
Growth. Signed by Judge Richard A. Lazzara on
8/31/2012. (SKH) (Entered: 08/31/2012)

09/07/2012

904

MOTION for miscellaneous relief, specifically to
Expand the Scope of Receivership to Include
Respiro, Inc. by Burton W. Wiand. (Morello,
Gianluca) (Entered: 09/07/2012)

136

09/07/2012

905

DECLARATION of Burton W. Wiand re 904
MOTION for miscellaneous relief, specifically to
Expand the Scope of Receivership to Include
Respiro, Inc. by Burton W. Wiand. (Attachments: #
1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit
G, # 8 Exhibit H)(Morello, Gianluca) (Entered:
09/07/2012)

09/07/2012

906

AFFIDAVIT of Christopher D. Moody re: 904
MOTION for miscellaneous relief, specifically to
Expand the Scope of Receivership to Include
Respiro, Inc. by Burton W. Wiand. (Morello,
Gianluca) (Entered: 09/07/2012)

09/10/2012

907

ORDER ATTACHED directing response to 904
Motion to Expand the Scope of Receivership to
Include Respiro, Inc., on or before 9/19/2012, with
directions to the Clerk and to Counsel for the
Receiver. Signed by Judge Richard A. Lazzara on
9/10/2012. (CCB) (Entered: 09/10/2012)

09/10/2012

908

NOTICE of Hearing on 904 Motion to Expand the
Scope of Receivership to Include Respiro, Inc., set
for 9/21/2012 at 9:00 AM in Tampa Courtroom 15
B before Judge Richard A. Lazzara. (CCB)
(Entered: 09/10/2012)

09/11/2012

909

Unopposed MOTION for miscellaneous relief,
specifically to Expand Receivership to Include
Summer Place Development Corporation by Burton
W. Wiand. (Attachments: # 1 Exhibit 1 − Proposed
Order)(Morello, Gianluca) (Entered: 09/11/2012)

09/11/2012

910

DECLARATION of Burton W. Wiand re 909
Unopposed MOTION for miscellaneous relief,
specifically to Expand Receivership to Include
Summer Place Development Corporation by Burton
W. Wiand. (Attachments: # 1 Exhibit 1, # 2 Exhibit
2)(Morello, Gianluca) (Entered: 09/11/2012)

09/12/2012

911

ORDER granting 909 Motion to Expand
Receivership to include Summer Place Development
Corporation. Signed by Judge Richard A. Lazzara
on 9/12/2012. (SKH) (Entered: 09/12/2012)

09/12/2012

912

PROOF OF PUBLICATION filed by Burton W.
Wiand. Newspaper: The Wall Street Journal and the
Sarasota Herald Tribune Date(s) of publication
August 31, 2012 and September 4, 2012 re
settlement with Holland &Knight LLP and Scott R.
MacLeod. (Attachments: # 1 Exhibit A −
Declaration of Guy M. Burns, Esq. with Proof of
Publications)(Morello, Gianluca) (Entered:

137

09/12/2012)
09/12/2012

913

NOTICE of compliance re 907 Order directing
response to motion by Burton W. Wiand (Morello,
Gianluca) (Entered: 09/12/2012)

09/13/2012

914

ORDER granting 897 Unopposed receiver's twelfth
interim Motion for attorney fees. Signed by Judge
Richard A. Lazzara on 9/13/2012. (see order) (MSS)
(Entered: 09/13/2012)

09/21/2012

915

Minute Entry. Proceedings held before Judge
Richard A. Lazzara: Motion Hearing held on
9/21/2012 re 904 MOTION for miscellaneous relief,
specifically to Expand the Scope of Receivership to
Include Respiro, Inc. filed by Burton W. Wiand.
Court Reporter: Claudia Spangler−Fry (MSS)
(Entered: 09/21/2012)

09/21/2012

916

ORDER granting 904 Motion to expand the scope
of receivership to include Respiro, Inc. Signed by
Judge Richard A. Lazzara on 9/21/2012. (see order)
(MSS) (Entered: 09/21/2012)

09/27/2012

917

MOTION to Approve Settlement re: Sarasota
Opera Association, Inc. by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
09/27/2012)

09/27/2012

918

ORDER ATTACHED granting 917 Receiver's
Motion to Approve Settlement with Sarasota Opera
Association, Inc., in connection with
8:10−cv−248−T−17MAP. Signed by Judge Richard
A. Lazzara on 9/27/2012. (CCB) (Entered:
09/27/2012)

10/01/2012

919

OBJECTION re 898 MOTION to Approve
Settlement with Holland &Knight LLP and Scott R.
MacLeod. (Thanasides, Paul) (Entered: 10/01/2012)

10/02/2012

920

MOTION to Approve Settlement re: Catholic
Charities, Diocese of Venice, Inc. and Bishop Frank
J. Dewane, as Corporation Sole of the Diocese of
Venice in Florida and Diocese of Venice in Florida,
an unincorporated religious organization by Burton
W. Wiand. (Attachments: # 1 Exhibit A − Executed
Settlement Agreement)(Lamont, Michael) (Entered:
10/02/2012)

10/02/2012

921

ORDER re Receiver's motion to approve settlement
with the law firm of Holland &Knight LLP. The
Court is of the opinion that the analysis and
rationale of the Court's order approving the
settlement with Goldman Sachs should apply to the

138

resolution of the pending motion to approve the
settlement with HKand MacLeod. Therefore, based
on that analysis and rationale, the objection to the
Receiver's motion is overruled, and the Court will
grant the motion by entering, by separate docket
entry, the order proposed by the Receiver. Signed by
Judge Richard A. Lazzara on 10/2/2012. (SKH)
(Entered: 10/02/2012)
10/02/2012

922

ORDER granting 898 Receiver's Motion to Approve
Settlement Agreement between the Receiver and
Holland &Knight LLP and Scott R. MacLeod.
Signed by Judge Richard A. Lazzara on 10/2/2012.
(SKH) (Entered: 10/02/2012)

10/02/2012

923

ORDER ATTACHED granting 920 Motion to
Approve Settlement with Catholic Charities,
Diocese of Venice, Inc., et al., associated with Case
nos. 8:10−cv−247−T−17MAP and
8:10−cv−246−T−17MAP. Signed by Judge Richard
A. Lazzara on 10/2/2012. (CCB) (Entered:
10/02/2012)

10/04/2012

924

JUDGMENT granting Receiver's Motion to
Approve Settlment (Doc. 898 ) between Receiver
and Holland &Knight LLP and Scott R. MacLeod.
(Signed by Deputy Clerk) (CEK) (Entered:
10/04/2012)

10/08/2012

925

NOTICE of Appearance Appearance by Lorien
Smith Johnson on behalf of Vernon M. Lee
(Johnson, Lorien) (Entered: 10/08/2012)

10/08/2012

926

NOTICE of Apperance Appearance by Paul B.
Thanasides on behalf of Vernon M. Lee
(Thanasides, Paul) (Entered: 10/08/2012)

10/23/2012

927

MOTION for miscellaneous relief, specifically to
intervene as a victim seeking relief from the
receivership by Emelie Zack. (Attachments: # 1
Mailing Envelope)(BSN) (Entered: 10/23/2012)

10/23/2012

928

ORDER ATTACHED denying 927 E. Zack's
Motion for relief from receivership. Signed by
Judge Richard A. Lazzara on 10/23/2012. (CCB)
(Entered: 10/23/2012)

10/23/2012

929

STATUS REPORT Receiver's Twelfth Interim
Report (4/1/12 − 9/30/12) by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Standardized Fund
Accounting Report, # 2 Exhibit B − Receivership
Assets, # 3 Exhibit C − Chris Moody's Assets, # 4
Exhibit D − Neil Moody's Assets)(Morello,
Gianluca) (Entered: 10/23/2012)

139

10/25/2012

930

Unopposed MOTION for miscellaneous relief,
specifically for leave to pay arbitrators' hourly fees
directly from Receivership Estate by Burton W.
Wiand. (Morello, Gianluca) (Entered: 10/25/2012)

10/25/2012

931

Unopposed MOTION to dismiss with Prejudice
Plaintiff's Disgorgement and Civil Penalty Claims as
to Defendant Nadel, Joint MOTION for
miscellaneous relief, specifically for an Order
Authorizing the Receiver to Deposit into the
Receivership Estate Tax Refunds Made Payable to
Defendant Nadel by Securities and Exchange
Commission. (Attachments: # 1 Text of Proposed
Order)(Masel, Scott) (Entered: 10/25/2012)

10/26/2012

932

ORDER granting 930 Motion for leave to pay
Arbitrators' hourly fees from Receivership Estate.
Signed by Judge Richard A. Lazzara on 10/26/2012.
(MSS) Modified on 10/29/2012 (CEK). (Entered:
10/26/2012)

10/26/2012

933

ORDER granting 931 Motion to dismiss with
prejudice; granting 931 Motion authorizing the
Receiver to deposit into the receivership estate tax
refunds made payable to defendant Nadel. Signed
by Judge Richard A. Lazzara on 10/26/2012. (MSS)
Modified on 10/29/2012 (CEK). (Entered:
10/26/2012)

10/29/2012

934

Unopposed MOTION for miscellaneous relief,
specifically Reappoint Receiver by Burton W.
Wiand. (Attachments: # 1 Exhibit A − Proposed
Order)(Morello, Gianluca) (Entered: 10/29/2012)

10/29/2012

935

ORDER granting 934 Motion to Reappoint
Receiver. Signed by Judge Richard A. Lazzara on
10/29/2012. (SKH) (Entered: 10/29/2012)

10/31/2012

936

MOTION for miscellaneous relief, specifically for
Possession of and Title to Real Property Located in
Marshfield, VT by Burton W. Wiand. (Attachments:
# 1 Exhibit A − Proposed Order, # 2 Exhibit B −
Anne Nadel letter)(Morello, Gianluca) (Entered:
10/31/2012)

10/31/2012

937

DECLARATION of Burton W. Wiand re 936
MOTION for miscellaneous relief, specifically for
Possession of and Title to Real Property Located in
Marshfield, VT by Burton W. Wiand. (Attachments:
# 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit
G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11
Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14
Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17

140

Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20
Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23
Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26
Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29
Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32
Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35
Exhibit II, # 36 Exhibit JJ, # 37 Exhibit
KK)(Morello, Gianluca) (Entered: 10/31/2012)
11/01/2012

938

ORDER ATTACHED directing to Anne Nadel to
respond to 936 Motion for Possession of and Title to
Real Property Located in Marshfield, VT, on or
before 11/13/2012. The Clerk and the Receiver are
directed to send notice in accord with the attached
order. Signed by Judge Richard A. Lazzara on
11/1/2012. (CCB) (Entered: 11/01/2012)

11/01/2012

939

NOTICE of Hearing on 936 Motion for Possession
of and Title to Real Property Located in Marshfield,
VT set for 11/15/2012 at 09:30 AM in Tampa
Courtroom 15 B before Judge Richard A. Lazzara.
(CCB) (Entered: 11/01/2012)

11/05/2012

940

NOTICE of compliance re 938 Order directing
response to motion Receiver's Notice of Providing
Court Filings to Anne Nadel by Burton W. Wiand
(Morello, Gianluca) (Entered: 11/05/2012)

11/13/2012

941

NOTICE of Appearance by Matthew P. Farmer on
behalf of Anne Nadel−Walbridge (Farmer,
Matthew) (Entered: 11/13/2012)

11/13/2012

942

Unopposed MOTION for extension of time to file
response/reply as to 936 MOTION for
miscellaneous relief, specifically for Possession of
and Title to Real Property Located in Marshfield,
VT, Unopposed MOTION to continue Hearing by
Anne Nadel−Walbridge. (Farmer, Matthew)
(Entered: 11/13/2012)

11/13/2012

943

ORDER ATTACHED granting 942 Motion for
Extension of Time to File Response to Motion for
Possession of and Title to Real Property Located in
Marshfield, VT on or before 11/28/2012 and
granting 942 Motion to Continue. Signed by Judge
Richard A. Lazzara on 11/13/2012. (CCB) (Entered:
11/13/2012)

11/13/2012

944

NOTICE of Hearing on 936 Motion for
miscellaneous relief, specifically for Possession of
and Title to Real Property Located in Marshfield,
VT continued to 11/30/2012 at 10:00 AM in Tampa
Courtroom 15 B before Judge Richard A. Lazzara.
(CCB) (Entered: 11/13/2012)

141

11/14/2012

945

Unopposed MOTION for miscellaneous relief,
specifically (1) Approve Second Interim
Distribution, (2) Approve Revisions to Certain
Claim Determinations, (3) Increase Certain
Reserves, and (4) Release Certain Other Reserves
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Distribution Schedule, # 2 Exhibit B − Reserves, # 3
Exhibit C − Proposed Order)(Morello, Gianluca)
(Entered: 11/14/2012)

11/16/2012

946

ORDER granting 945 Motion to approve second
interim distribution, to approve revisions to certain
claim determinations, to increase certain reserved
and to release certain other reserves. (see order).
Signed by Judge Richard A. Lazzara on 11/16/2012.
(MSS) (Entered: 11/16/2012)

11/28/2012

947

RESPONSE in opposition re 936 MOTION for
miscellaneous relief, specifically for Possession of
and Title to Real Property Located in Marshfield,
VT filed by Anne Nadel−Walbridge. (Attachments:
# 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B)(Farmer,
Matthew) (Entered: 11/28/2012)

11/30/2012

948

Minute Entry. Proceedings held before Judge
Richard A. Lazzara: Motion Hearing held on
11/30/2012 re 936 MOTION for miscellaneous
relief, specifically for Possession of and Title to
Real Property Located in Marshfield, VT filed by
Burton W. Wiand. Court Reporter: Claudia
Spangler−Fry (MSS) (Entered: 11/30/2012)

11/30/2012

949

ENDORSED ORDER denying without prejudice
936 Motion for possession of title of real estate as
stated on the record in open court. Signed by Judge
Richard A. Lazzara on 11/30/2012. (MSS) (Entered:
11/30/2012)

12/05/2012

950

Unopposed MOTION for attorney fees Receiver's
Thirteenth Interim Motion for Order Awarding
Fees, Costs, and Reimbursement of Costs to
Receiver and His Professionals by Burton W.
Wiand. (Attachments: # 1 Exhibit 1−Standardized
Fund Accounting Report, # 2 Exhibit 2−Part
1−Receiver's Twelfth Interim Report, # 3 Exhibit
2−Part 2−Receiver's Twelfth Interim Report, # 4
Exhibit 3−Scoop Receivership−Representation of
Scoop Receivership, # 5 Exhibit 4−Scoop
Receivership−Recovery from Investors, # 6 Exhibit
5−Scoop Receivership−Recovery of Assets from
Moodys, # 7 Exhibit 6−Scoop
Receivership−Recovery of Commissions, # 8
Exhibit 7−Scoop Receivership−Holland &Knight, #

142

9 Exhibit 8−Categorization and Summary of WGK
Costs, # 10 Exhibit 9−Attorney Fee Schedule, # 11
Exhibit 10−Part 1−Scoop Legal Team−Scoop
Capital, LLC, # 12 Exhibit 10−Part 2−Scoop Legal
Team−Scoop Capital, LLC, # 13 Exhibit 11−Scoop
Legal Team−Recovery from Investors, # 14 Exhibit
12−Scoop Legal Team−Recovery of Assets from
Moodys, # 15 Exhibit 13−Scoop Legal
Team−Recovery of Commissions, # 16 Exhibit
14−Scoop Legal Team−Holland &Knight, # 17
Exhibit 15−Nadel Receivership−Wells Fargo, # 18
Exhibit 16−James Hoyer, # 19 Exhibit 17−Part
1−PDR Certified Public Accountants, # 20 Exhibit
17−Part 2−PDR Certified Public Accountants, # 21
Exhibit 18−Riverside Financial Group, # 22 Exhibit
19−E−Hounds, Inc., # 23 Exhibit 20−The RWJ
Group, LLC, # 24 Exhibit 21−Yip Levi, # 25
Exhibit 22−John M. Fedders, # 26 Exhibit 23−The
Taylor Law Offices, P.C., # 27 Exhibit 24−EIM
Consulting LLC, # 28 Exhibit 25−Orrick, # 29
Exhibit 26−Kirby Noonan Lance &Hoge LLP, # 30
Exhibit 27−Cheney, Brock &Saudek, P.C., # 31
Exhibit 28−Jones &Keller, P.C., # 32 Exhibit
29−Proposed Order)(Morello, Gianluca) (Entered:
12/05/2012)
12/14/2012

951

ORDER ATTACHED granting 950 Unopposed
Receiver's Thirteenth Interim Motion for Order
Awarding Fees, Costs, and Reimbursement of Costs
to Receiver and his Professionals. Signed by Judge
Richard A. Lazzara on 12/14/2012. (SKH) (Entered:
12/14/2012)

12/18/2012

952

MOTION for miscellaneous relief, specifically for
Entry of Final Judgment of Permanent Injunction
and Other Relief and Notice of Filing Consent of
Defendants Scoop Capital, LLC, and Scoop
Management, Inc. by Securities and Exchange
Commission. (Attachments: # 1 Consent of
Defendants Scoop Capital, LLC, and Scoop
Management, Inc., # 2 Text of Proposed
Order)(Masel, Scott) (Entered: 12/18/2012)

12/19/2012

953

ORDER granting 952 Motion for Final Judgment as
to Defendants Scoop Capital, LLC, and Scoop
Management, Inc. Signed by Judge Richard A.
Lazzara on 12/19/2012. (SKH) (Entered:
12/19/2012)

12/20/2012

954

FINAL JUDGMENT as to defendants Scoop
Capital, LLC and Scoop Management, Inc. Signed
by Judge Richard A. Lazzara on 12/19/2012. (CEK)
(Entered: 12/20/2012)

143

01/17/2013

955

ORDER ATTACHED deferring ruling on the
motion at docket 740 pending resolution of Case
No. 8:12−cv−557−T−27EAJ. Signed by Judge
Richard A. Lazzara on 1/17/2013. (CCB) (Entered:
01/17/2013)

01/22/2013

956

MOTION for Settlement re: Steve Ellis by Burton
W. Wiand. (Attachments: # 1 Exhibit 1 − Executed
Settlement Agreement)(Morello, Gianluca)
(Entered: 01/22/2013)

01/23/2013

957

ORDER ATTACHED granting 956 Receiver's
Motion to Approve Settlement with Steve Ellis
associated with Case No. 8:10−cv−233−T−17MAP.
Signed by Judge Richard A. Lazzara on 1/23/2013.
(CCB) (Entered: 01/23/2013)

01/30/2013

958

NOTICE by Securities and Exchange Commission
of Voluntary Dismissal with Prejudice of its
Disgorgement Claims Against Relief Defendants
(Masel, Scott) (Entered: 01/30/2013)

01/31/2013

959

ORDER that Plaintiff's disgorgement claims against
the Relief Defendants are dismissed with prejudice.
Signed by Judge Richard A. Lazzara on 1/31/2013.
(SKH) (Entered: 01/31/2013)

02/04/2013

960

MOTION for Settlement re: Donald Rowe,
individually and as Trustee of the Wall Street Digest
Defined Benefit Pension Plan, Joyce Rowe, and
Carnegie Asset Management, Inc. by Burton W.
Wiand. (Attachments: # 1 Exhibit A − Executed
Settlement Agreement)(Morello, Gianluca)
(Entered: 02/04/2013)

02/04/2013

961

MOTION for Settlement re: Henry M. Buhl by
Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Morello,
Gianluca) (Entered: 02/04/2013)

02/04/2013

962

ORDER ATTACHED granting 961 Receiver's
Motion for Settlement with Henry M. Buhl
associated with Case No. 10−cv−75−T−17MAP.
Signed by Judge Richard A. Lazzara on 2/4/2013.
(CCB) (Entered: 02/04/2013)

02/05/2013

963

ATTACHED ORDER granting 960 Receiver's
Motion for Settlement with Joyce and Donald Rowe
associated with Case No. 8:10−cv−245−T−17MAP.
Signed by Judge Richard A. Lazzara on 2/5/2013.
(CCB) (Entered: 02/05/2013)

02/08/2013

964

MOTION for miscellaneous relief, specifically to
Approve Agreement Relating to Payment of
Judgment re: Samuel Ross Morgan, III by Burton

144

W. Wiand. (Attachments: # 1 Exhibit A − Executed
Agreement)(Morello, Gianluca) (Entered:
02/08/2013)
02/08/2013

965

ORDER ATTACHED granting 964 Receiver's
Motion to Approve Agreement with Samuel R.
Morgan, III, associated with Case No.
8:10−cv−205−T−17MAP. Signed by Judge Richard
A. Lazzara on 2/8/2013. (CCB) (Entered:
02/08/2013)

02/14/2013

966

MOTION for miscellaneous relief, specifically to
clarify certain settlement orders by Burton W.
Wiand. (Attachments: # 1 Exhibit A − profiteer's
brief, # 2 Exhibit B − settlement orders, # 3 Exhibit
C − proposed order)(Morello, Gianluca) (Entered:
02/14/2013)

02/14/2013

967

DECLARATION of Burton W. Wiand re 966
MOTION for miscellaneous relief, specifically to
clarify certain settlement orders by Burton W.
Wiand. (Morello, Gianluca) (Entered: 02/14/2013)

02/15/2013

968

ORDER ATTACHED directing World Opportunity
Fund, L.P. to respond to 966 Motion to Clarify
Certain Settlement Orders on or before 2/19/2013.
Signed by Judge Richard A. Lazzara on 2/15/2013.
(CCB) (Entered: 02/15/2013)

02/15/2013

969

NOTICE of hearing on 966 Motion to Clarify
Certain Settlement Orders set for 2/21/2013 at 09:00
AM in Tampa Courtroom 15 B before Judge
Richard A. Lazzara. (CCB) (Entered: 02/15/2013)

02/15/2013

970

NOTICE by Burton W. Wiand re 966 MOTION for
miscellaneous relief, specifically to clarify certain
settlement orders Notice of Filing Amended Local
Rule 3.01(g) Certification (Lamont, Michael)
(Entered: 02/15/2013)

02/15/2013

971

NOTICE by Burton W. Wiand re 966 MOTION for
miscellaneous relief, specifically to clarify certain
settlement orders Notice of Filing Amended Local
Rule 3.01(g) Certification (Lamont, Michael)
(Entered: 02/15/2013)

02/19/2013

972

Unopposed MOTION for James E. Connelly and
Mark A. Rogers to appear pro hac vice by World
Opportunity Fund, L.P.. (Schrils, Frederick)
(Entered: 02/19/2013)

02/19/2013

973

RESPONSE to Motion re 966 MOTION for
miscellaneous relief, specifically to clarify certain
settlement orders filed by World Opportunity Fund,
L.P.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3

145

Exhibit C)(Rogers, Mark) (Entered: 02/19/2013)
02/19/2013

974

ENDORSED ORDER granting 972 James E.
Connelly and Mark A. Rogers' motion to appear pro
hac vice. Signed by Judge Richard A. Lazzara on
2/19/2013. (SKH) (Entered: 02/19/2013)

02/19/2013

975

RESPONSE in Opposition re 966 MOTION for
miscellaneous relief, specifically to clarify certain
settlement orders and JOINDER re 973 World
Opportunity Fund's Objection to Receiver's Motion
"To Clarify Certain Settlement Orders" filed by
Peter Roby, Katherine Roby, Charles A. Hailey,
Gregg Weinberg, Louis Wang, John D. Whitlock,
Rodney Nigel Turner, W.W. Whitlock Foundation,
Paul Swenson, Harvey A. Gilbert, Deanne E.
Gilbert, Thomas Luck, Mark Munson, Melinda
Munson, Munson Family Partners, Ltd.. (Warren,
Jeffrey) (Entered: 02/19/2013)

02/20/2013

976

ORDER ATTACHED denying 966 Motion to
Clarify Settlement Orders and cancelling hearing
scheduled Thursday, February 21, 2013, at 9:00 a.m.
Signed by Judge Richard A. Lazzara on 2/20/2013.
(SKH) (Entered: 02/20/2013)

02/20/2013

977

NOTICE cancelling Motion Hearing hearing
scheduled for 2/21/2013 at 9:00 a.m. (SKH)
(Entered: 02/20/2013)

02/20/2013

978

ORDER ATTACHED regarding Order entered at
docket 976. Signed by Judge Richard A. Lazzara on
2/20/2013. (CCB) (Entered: 02/20/2013)

02/21/2013

***PRO HAC VICE FEES paid and Special
Admission Attorney Certification Form filed by
attorney James E. Connelly, appearing on behalf of
World Opportunity Fund, L.P. (Filing fee $10
receipt number TPA15986.). (JNB) (Entered:
02/21/2013)

02/21/2013

***PRO HAC VICE FEES paid and Special
Admission Attorney Certification Form filed by
attorney Mark A. Rogers, appearing on behalf of
World Opportunity Fund, L.P. (Filing fee $10
receipt number TPA15986.). (JNB) (Entered:
02/21/2013)

02/28/2013

979

MOTION for miscellaneous relief, specifically to
enjoin the R. Formica et al. v. D. Rowe et al., Case
No. 8:11−cv−516 (M.D. Fla.) and J. Bell, II et al. v.
D. Rowe et al., Case No. 2009 CA 4925 NC
(Sarasota Cty Cir. Ct.) by Burton W. Wiand.
(Attachments: # 1 Exhibit 1 − Formica v. Rowe
Operative Complaint, # 2 Exhibit 2 − Bell v. Rowe

146

Operative Complaint)(Morello, Gianluca) (Entered:
02/28/2013)
03/01/2013

980

MOTION to modify Order Disallowing Claim by
Elendow LLC. (Attachments: # 1 Affidavit in
Support of Claimant Ellendow, LLC's Motion for
Reconsideration of Cliam, # 2 Affidavit in Support
of Claimant Elendwo LLC's Motion to Modify Oder
Disallowing Claim)(Bleil, Joshua) (Entered:
03/01/2013)

03/04/2013

981

Unopposed MOTION for miscellaneous relief,
specifically for Permission to Prosecute Limited
Cross−Appeals by Burton W. Wiand. (Attachments:
# 1 Exhibit A − (Lee) Report and Recommendation,
# 2 Exhibit B − (Lee) Order adopting Report and
Recommendation, # 3 Exhibit C − (Dancing $)
Report and Recommendation, # 4 Exhibit D −
(Dancing $) Order adopting Report and
Recommendation)(Morello, Gianluca) (Entered:
03/04/2013)

03/05/2013

982

ORDER granting 981 Receiver's Motion for
Permission to Prosecute Cross−Appeals 981 .
Signed by Judge Richard A. Lazzara on 3/5/2013.
(SKH) (Entered: 03/05/2013)

03/06/2013

983

Unopposed MOTION to Appoint Receiver (Sixth
Motion for Reappointment of Receiver) by Burton
W. Wiand. (Attachments: # 1 Exhibit A − Proposed
Order)(Morello, Gianluca) (Entered: 03/06/2013)

03/07/2013

984

ORDER granting 983 Motion to Appoint Receiver..
Signed by Judge Richard A. Lazzara on 3/7/2013.
(SKH) (Entered: 03/07/2013)

03/11/2013

985

NOTICE by Burton W. Wiand re 979 MOTION for
miscellaneous relief, specifically to enjoin the R.
Formica et al. v. D. Rowe et al., Case No.
8:11−cv−516 (M.D. Fla.) and J. Bell, II et al. v. D.
Rowe et al., Case No. 2009 CA 4925 NC (Sarasota
Cty Cir. Ct.) (Morello, Gianluca) (Entered:
03/11/2013)

03/11/2013

986

ORDER ATTACHED enjoining J. Bell, II, et al. v.
D. Rowe, et al., No. 2009 CA 4925 pending in the
Twelfth Judicial Circuit, and directing Plaintiffs'
counsel to notify presiding judge. Signed by Judge
Richard A. Lazzara on 3/11/2013. (CCB) (Entered:
03/11/2013)

03/14/2013

987

MEMORANDUM in opposition re 979 Motion for
Miscellaneous Relief filed by Richard Formica.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C)(Barker, Chris) (Entered: 03/14/2013)

147

03/15/2013

988

Unopposed MOTION for miscellaneous relief,
specifically for Approval to Transfer Vehicle Titles
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Proposed Order, # 2 Exhibit B − Limited Power of
Attorney)(Morello, Gianluca) (Entered: 03/15/2013)

03/15/2013

989

ORDER granting 988 Motion for Approval to
Transfer Vehicles' Titles. Signed by Judge Richard
A. Lazzara on 3/15/2013. (SKH) (Entered:
03/15/2013)

03/18/2013

990

RESPONSE in Opposition re 980 MOTION to
modify Order Disallowing Claim by Elendow LLC
filed by Burton W. Wiand. (Morello, Gianluca)
(Entered: 03/18/2013)

03/18/2013

991

DECLARATION of Gianluca Morello re 990
Response in Opposition to Motion by Burton W.
Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B,
# 3 Exhibit C, # 4 Exhibit D)(Morello, Gianluca)
(Entered: 03/18/2013)

03/19/2013

992

ENDORSED ORDER directing the Receiver to
respond to The Formicas' Memorandum of Law in
Opposition to the Receiver's Motion to Enjoin Court
Proceedings. Responses due by 3/26/2013. Signed
by Judge Richard A. Lazzara on 3/19/2013. (SKH)
(Entered: 03/19/2013)

03/21/2013

993

MOTION for miscellaneous relief, specifically to
Expand the Scope of Receivership to Include Quest
Energy Management Group, Inc. by Burton W.
Wiand. (Attachments: # 1 Exhibit 1 − Proposed
Order)(Morello, Gianluca) (Entered: 03/21/2013)

03/21/2013

994

DECLARATION of Burton W. Wiand re 993
MOTION for miscellaneous relief, specifically to
Expand the Scope of Receivership to Include Quest
Energy Management Group, Inc. by Burton W.
Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B,
# 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6
Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit
I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit
L)(Morello, Gianluca) (Entered: 03/21/2013)

03/26/2013

995

REPLY to Response to Motion re 979 MOTION for
miscellaneous relief, specifically to enjoin the R.
Formica et al. v. D. Rowe et al., Case No.
8:11−cv−516 (M.D. Fla.) and J. Bell, II et al. v. D.
Rowe et al., Case No. 2009 CA 4925 NC (Sarasota
Cty Cir. Ct.) filed by Burton W. Wiand. (Morello,
Gianluca) (Entered: 03/26/2013)

03/28/2013

996

ORDER deferring ruling on 979 Receiver's Motion
to Enjoin Court Proceedings subject to being

148

reopened after Judge Scriven rules on the motions
for summary judgment in case
8:11−cv−516−MSS−EAJ. Signed by Judge Richard
A. Lazzara on 3/28/2013. (SKH) (Entered:
03/28/2013)
04/04/2013

997

NOTICE of Limited Appearance by James E.
Felman on behalf of Quest Energy Management
Group, Inc. (Felman, James) (Entered: 04/04/2013)

04/04/2013

998

NOTICE of Limited Appearance by Katherine Earle
Yanes on behalf of Quest Energy Management
Group, Inc. (Yanes, Katherine) (Entered:
04/04/2013)

04/04/2013

999

MOTION for Extension of Time to File
Response/Reply as to 993 MOTION for
miscellaneous relief, specifically to Expand the
Scope of Receivership to Include Quest Energy
Management Group, Inc. by Quest Energy
Management Group, Inc.. (Felman, James) (Entered:
04/04/2013)

04/04/2013

1000

ENDORSED ORDER granting 999 Motion for
Extension of Time to File Response to 993 Motion
to Expand the Scope of Receivership to Include
Quest Energy Management Group, Inc. Response
due on or before 4/15/2013. Signed by Judge
Richard A. Lazzara on 4/4/2013. (CCB) (Entered:
04/04/2013)

04/08/2013

1001

STATUS report Receiver's Thirteenth Interim
Report (October 1, 2012 − February 28, 2013) by
Burton W. Wiand as to Scoop Real Estate, L.P., E.
John Lopez, Victory IRA Fund, Ltd., Marty
Huppert, Victory Fund, Ltd., Carrelage
Multi−Strategy Offshore Fund, Ltd., Anne
Nadel−Walbridge, Viking IRA Fund, LLC, Viking
Management, LLC, Kelvin V. Lee, Viking Fund,
LLC, Scoop Management, Inc., Valhalla
Management, Inc., Wells Fargo Bank, N.A., as
successor by merger to Wachovia Bank, N.A.,
Valhalla Investment Partners, L.P., Arthur Nadel,
Scoop Capital, LLC. (Attachments: # 1 Exhibit A −
Standardized Fund Accounting Report, # 2 Exhibit
B − Receivership Assets Sold or Otherwise
Disposed, # 3 Exhibit C − Chris Moody's Assets, # 4
Exhibit D − Neil Moody's Assets)(Morello,
Gianluca) (Entered: 04/08/2013)

04/12/2013

1002

ORDER ATTACHED denying 980 Motion to
Modify. Signed by Judge Richard A. Lazzara on
4/12/2013. (CCB) (Entered: 04/12/2013)

149

04/15/2013

1003

MEMORANDUM in opposition re 993 Motion for
Miscellaneous Relief filed by Quest Energy
Management Group, Inc.. (Attachments: # 1 Exhibit
A)(Yanes, Katherine) (Entered: 04/15/2013)

04/17/2013

1004

MOTION for leave to file Reply to Quest Energy
Management Group, Inc.'s Opposition to the
Receiver's Motion to Expand The Scope of
Receivership by Burton W. Wiand. (Morello,
Gianluca) (Entered: 04/17/2013)

04/17/2013

1005

ENDORSED ORDER granting 1004 Motion for
Leave to File Reply on or before April 26, 2013.
Signed by Judge Richard A. Lazzara on 4/17/2013.
(CCB) (Entered: 04/17/2013)

04/17/2013

1006

NOTICE of Appearance by Robert K. Levenson on
behalf of Securities and Exchange Commission
(Levenson, Robert) (Entered: 04/17/2013)

04/26/2013

1007

REPLY to Response to Motion re 993 MOTION for
miscellaneous relief, specifically to Expand the
Scope of Receivership to Include Quest Energy
Management Group, Inc. filed by Burton W. Wiand.
(Attachments: # 1 Exhibit A)(Morello, Gianluca)
(Entered: 04/26/2013)

04/29/2013

1008

MOTION for Kynes, Markman &Felman; James E.
Felman; and Katherine Earle Yanes to withdraw as
attorney by Quest Energy Management Group, Inc..
(Yanes, Katherine) (Entered: 04/29/2013)

04/29/2013

1009

ORDER ATTACHED granting 1008 Motion to
Withdraw as Attorney for Quest. Attorneys James E.
Felman and Katherine Earle Yanes terminated.
Quest shall have until 5/14/2013 for new counsel to
enter appearance. Signed by Judge Richard A.
Lazzara on 4/29/2013. (CCB) (Entered: 04/29/2013)

04/29/2013

1010

ENDORSED ORDER: Former counsel for Quest
Energy Management Group, Inc., shall furnish a
copy of the Court's order allowing counsel to
withdraw to Quest no later than the close of business
Tuesday, April 30, 2013. Signed by Judge Richard
A. Lazzara on 4/29/2013. (CCB) (Entered:
04/29/2013)

05/06/2013

1011

Unopposed MOTION for Order of Sale of
Unencumbered Real Property Located in
Thomasville, Thomas County, Georgia by Burton
W. Wiand. (Attachments: # 1 Exhibit 1, # 2 Exhibit
2)(Morello, Gianluca) (Entered: 05/06/2013)

05/07/2013

1012

MOTION for Settlement re: Dominique Schmidt
and Caroline Schwab by Burton W. Wiand.

150

(Attachments: # 1 Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
05/07/2013)
05/07/2013

1013

MOTION for Settlement re: Edward Steinhauser
and Diane Schwab by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
05/07/2013)

05/07/2013

1014

ORDER ATTACHED granting 1012 Receiver's
Motion for Settlement with Dominique Schmidt and
Caroline Schwab associated with Case no.
8:10−cv−223−T−17MAP. Signed by Judge Richard
A. Lazzara on 5/7/2013. (CCB) (Entered:
05/07/2013)

05/07/2013

1015

ORDER ATTACHED granting 1013 Receiver's
Motion for Settlement with Edward Steinhauser and
Diane Schwab associated with Case no.
8:10−cv−157−T−17MAP. Signed by Judge Richard
A. Lazzara on 5/7/2013. (CCB) (Entered:
05/07/2013)

05/08/2013

1016

ORDER granting 1011 Motion for Order of Sale.
Any and all claims relating to the real properties that
is the subject of this order shall be extinguished at
the time of its sale by the receiver. Signed by Judge
Richard A. Lazzara on 5/8/2013. (MSS) (Entered:
05/08/2013)

05/13/2013

1017

***STRICKEN PER 1018 ORDER*** MOTION to
extend time to retain attorney by Quest Energy
Management Group, Inc. (JNB) Modified on
5/15/2013 (JNB). (Entered: 05/14/2013)

05/14/2013

1018

ORDER ATTACHED striking 1017 Motion to
Extend Time to Retain Attorney. Signed by Judge
Richard A. Lazzara on 5/14/2013. (CCB) (Entered:
05/14/2013)

05/14/2013

1019

NOTICE of Appearance by John Austin Rine on
behalf of Quest Energy Management Group, Inc.
(Rine, John) (Entered: 05/14/2013)

05/22/2013

1020

Unopposed MOTION for miscellaneous relief,
specifically PERMISSION TO PROSECUTE
LIMITED CROSS−APPEAL by Burton W. Wiand.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C)(Morello, Gianluca) (Entered:
05/22/2013)

05/22/2013

1021

ENDORSED ORDER granting 1020 Motion to
Prosecute Limited Cross−Appeal. Signed by Judge
Richard A. Lazzara on 5/22/2013. (CCB) (Entered:

151

05/22/2013)
05/23/2013

1022

MOTION for leave to file Sur−reply by Quest
Energy Management Group, Inc.. (Rine, John)
(Entered: 05/23/2013)

05/24/2013

1023

ENDORSED ORDER denying 1022 Motion for
Leave to File Sur−reply. Signed by Judge Richard
A. Lazzara on 5/24/2013. (CCB) (Entered:
05/24/2013)

05/24/2013

1024

ORDER ATTACHED granting 993 Motion to
Expand Scope of Receivership regarding Quest.
Signed by Judge Richard A. Lazzara on 5/24/2013.
(CCB) (Entered: 05/24/2013)

06/05/2013

1025

MOTION for Settlement re: Ellen Schwab by
Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Lamont, Michael)
(Entered: 06/05/2013)

06/05/2013

1026

ORDER ATTACHED granting 1025 Receiver's
Motion for Settlement with Ellen Schwab associated
with Case No. 8:10−cv−130−T−17MAP. Signed by
Judge Richard A. Lazzara on 6/5/2013. (CCB)
(Entered: 06/05/2013)

06/14/2013

1027

NOTICE OF APPEAL as to 1024 Order on Motion
for Miscellaneous Relief by Quest Energy
Management Group, Inc.. Filing fee not paid.
(Attachments: # 1 Exhibit A)(Rine, John) (Entered:
06/14/2013)

06/14/2013

06/19/2013

TRANSMITTAL of initial appeal package to USCA
consisting of copies of notice of appeal, docket
sheet, order/judgment being appealed, and motion, if
applicable to USCA re 1027 Notice of appeal.
Eleventh Circuit Transcript information form
forwarded to pro se litigants and available to
counsel at www.flmd.uscourts.gov under Forms and
Publications/General. (BSN) (Entered: 06/17/2013)
1028

06/19/2013

06/20/2013

MOTION for Mark A. Platt to appear pro hac vice
by Van Operating, Ltd.. (Colton, Roberta) (Entered:
06/19/2013)
***PRO HAC VICE FEES paid and Special
Admission Attorney Certification Form filed by
attorney Mark A. Platt, appearing on behalf of Van
Operating, Ltd. (Filing fee $10 receipt number
TPA17983.). (JNB) (Entered: 06/20/2013)

1029

ENDORSED ORDER granting 1028 Motion to
Appear pro hac vice. Signed by Judge Richard A.
Lazzara on 6/20/2013. (CCB) (Entered: 06/20/2013)

152

06/20/2013

USCA appeal fees received $ 455 receipt number
tpa17990 re 1027 Notice of appeal filed by Quest
Energy Management Group, Inc. (ARC) (Entered:
06/20/2013)

06/20/2013

TRANSMITTAL to USCA forwarding receipt
#TPA−17990 re 1027 Notice of appeal (RFK)
(Entered: 06/20/2013)

06/20/2013

1030

NOTICE of Appearance by Mark A. Platt on behalf
of Van Operating, Ltd. (Platt, Mark) (Entered:
06/20/2013)

06/26/2013

1031

MOTION for Settlement re: The Carrswold
Partnership − AAA Arbitration by Burton W.
Wiand. (Attachments: # 1 Exhibit A − Executed
Settlement Agreement)(Lamont, Michael) (Entered:
06/26/2013)

06/27/2013

1032

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement 1031 . The Court approves
the written settlement agreement attached to the
motion entered into between the Receiver and The
Carrswold Partnership. Signed by Judge Richard A.
Lazzara on 6/27/2013. (SKH) (Entered: 06/27/2013)

07/02/2013

1033

Unopposed MOTION for miscellaneous relief,
specifically for establishing procedure to resolve
objection to claim number 445 by Burton W.
Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B,
# 3 Exhibit C, # 4 Exhibit D)(Morello, Gianluca)
(Entered: 07/02/2013)

07/03/2013

1034

ORDER ATTACHED granting 1033 Motion for
Establishing Procedure to Resolve Objection to
Claim Number 445 (see attached order for details of
procedure). Signed by Judge Richard A. Lazzara on
7/3/2013. (CCB) (Entered: 07/03/2013)

07/09/2013

1035

MOTION for Settlement re: Anne Nadel Walbridge
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Morello,
Gianluca) (Entered: 07/09/2013)

07/09/2013

1036

ORDER ATTACHED granting 1035 Receiver's
Motion to Approve Settlement with Anne Nadel
Walbridge associated with case no.
8:12−cv−2532−T−23TGW. Signed by Judge
Richard A. Lazzara on 7/9/2013. (CCB) (Entered:
07/09/2013)

07/09/2013

1037

Unopposed MOTION for Attorney Fees Receiver's
Fourteenth Interim Motion for Order Awarding
Fees, Costs, and Reimbursement of Costs to
Receiver and His Professionals by Burton W.

153

Wiand. (Attachments: # 1 Exhibit 1−Standardized
Fund Accounting Report, # 2 Exhibit 2a−Rec's 13th
Interim Report−Part 1, # 3 Exhibit 2b−Rec's 13th
Interim Report−Part 2, # 4 Exhibit 3−Prior Interim
Motions for Fees and Costs, # 5 Exhibit 4−Scoop
Receivership−Rep of Scoop Receivership, # 6
Exhibit 5−Scoop Receivership−Recovery from
Investors, # 7 Exhibit 6−Scoop
Receivership−Recovery of Assets from N. and C.
Moody, # 8 Exhibit 7−Scoop
Receivership−Recovery of Commissions, # 9
Exhibit 8−Scoop Receivership−Holland &Knight, #
10 Exhibit 9−Categorization and Summary of WGK
Costs, # 11 Exhibit 10−Attorney Fee Schedule, # 12
Exhibit 11−Scoop Legal Team−Scoop Capital,
LLC, # 13 Exhibit 12−Scoop Legal Team−Recovery
from Investors, # 14 Exhibit 13−Scoop Legal
Team−Recovery of Assets from N. and C. Moody, #
15 Exhibit 14−Scoop Legal Team−Recovery of
Commissions, # 16 Exhibit 15−Scoop Legal
Team−Holland &Knight, # 17 Exhibit 16−James
Hoyer et al., # 18 Exhibit 17−PDR Certified Public
Accountants, # 19 Exhibit 18−E−Hounds, Inc., # 20
Exhibit 19−The RWJ Group, LLC, # 21 Exhibit
20−Yip Levi, # 22 Exhibit 21−EIM Consulting,
LLC, # 23 Exhibit 22−Allen Dell PA, # 24 Exhibit
23− Jones &Keller PC, # 25 Exhibit 24−Briggs and
Morgan PA, # 26 Exhibit 25−Goetz, Baldwin et al.,
# 27 Exhibit 26−Stichter, Riedel et al., # 28 Exhibit
27−Proposed Order)(Morello, Gianluca) (Entered:
07/09/2013)
07/11/2013

1038

NOTICE by Burton W. Wiand re 1034 Order on
Motion for Miscellaneous Relief Notice of Filing
Joint Statement of Undisputed Facts Relating to
Objection to Determination of Claim Number 445
(Attachments: # 1 Main Document Joint Statement
of Undisputed Facts Relating to Objection to
Determination of Claim Number 445, # 2 Exhibit A,
# 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6
Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit
H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, #
13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16
Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19
Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22
Exhibit U, # 23 Exhibit V)(Morello, Gianluca)
(Entered: 07/11/2013)

07/15/2013

1039

MOTION to intervene and for Immediate
Accounting by Jeff Downey. (Attachments: # 1
Exhibit A)(Rine, John) Motions referred to
Magistrate Judge Thomas B. McCoun III. (Entered:

154

07/15/2013)
07/16/2013

1040

ORDER ATTACHED denying 1039 Motion to
Intervene and Motion for Immediate Accounting.
Signed by Judge Richard A. Lazzara on 7/16/2013.
(CCB) (Entered: 07/16/2013)

07/16/2013

1041

Unopposed MOTION for miscellaneous relief,
specifically for Approval of Sale of Real Property
Located in Evergreen, Jefferson County, Colorado
by Burton W. Wiand. (Attachments: # 1 Exhibit 1 −
Proposed Order, # 2 Exhibit 2 − Part 1 of 2, # 3
Exhibit 2 − Part 2 of 2, # 4 Exhibit 3 − Part 1 of 2, #
5 Exhibit 3 − Part 2 of 2, # 6 Exhibit 4 − Part 1 of 3,
# 7 Exhibit 4 − Part 2 of 3, # 8 Exhibit 4 − Part 3 of
3, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit
7)(Morello, Gianluca) (Entered: 07/16/2013)

07/17/2013

1042

Unopposed MOTION for miscellaneous relief,
specifically for Approval of Sale of Real Property
Located in Sarasota, Sarasota County, Florida by
Burton W. Wiand. (Attachments: # 1 Exhibit 1 −
Proposed Order, # 2 Exhibit 2, # 3 Exhibit 3, # 4
Exhibit 4 − Part 1 of 2, # 5 Exhibit 4 − Part 2 of 2, #
6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7)(Morello,
Gianluca) (Entered: 07/17/2013)

07/18/2013

1043

ORDER granting 1041 Motion for approval of sale
of real property located in Evergreen Jefferson
County, Colorado. Signed by Judge Richard A.
Lazzara on 7/18/2013. (see order) (MSS) (Entered:
07/18/2013)

07/18/2013

1044

ORDER granting 1042 Motion for approval of sale
of real property located in in Sarasota, Sarasota
Florida. Signed by Judge Richard A. Lazzara on
7/18/2013. (see order) (MSS) (Entered: 07/18/2013)

07/25/2013

1045

MOTION for Settlement re: Walter Schwab, et al.
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Lamont, Michael)
(Entered: 07/25/2013)

07/26/2013

1046

ORDER ATTACHED granting 1045 Receiver's
Motion for Settlement with Walter Schwab,
associated with Case No. 8:10−cv−185−T−17MAP.
Signed by Judge Richard A. Lazzara on 7/26/2013.
(CCB) (Entered: 07/26/2013)

07/29/2013

1047

ORDER granting 1037 Unopposed Receiver's
Fourteenth Interim Motion for Attorney Fees.
Signed by Judge Richard A. Lazzara on 7/29/2013.
(see order) (MSS) (Entered: 07/29/2013)

07/31/2013

1048

155

MEMORANDUM in support re 1034 Order on
Motion for Miscellaneous Relief filed by Fulcrum
Distressed Opportunities Fund I, LP. (Eckhardt,
Kevin) (Entered: 07/31/2013)
08/12/2013

1049

MOTION for miscellaneous relief, specifically
Approve the sale of 2009 BMW 5351 by Burton W.
Wiand. (Attachments: # 1 Text of Proposed Order
Exhibit 1, # 2 Exhibit Exhibit 2)(Morello, Gianluca)
(Entered: 08/12/2013)

08/13/2013

1050

ORDER granting 1049 Motion to Approve Sale of
2009 BMW 535i. Signed by Judge Richard A.
Lazzara on 8/13/2013. (SKH) (Entered: 08/13/2013)

08/20/2013

1051

MEMORANDUM in opposition re 1048
Memorandum in support − Receiver's memorandum
re. affirming denial of Claim 445 filed by Burton W.
Wiand. (Morello, Gianluca) (Entered: 08/20/2013)

08/23/2013

1052

Unopposed MOTION for clarification re 822 Order
on Motion to Disqualify by Burton W. Wiand.
(Morello, Gianluca) (Entered: 08/23/2013)

08/23/2013

1053

ENDORSED ORDER granting 1052 Motion for
Clarification and permitting counsel to attend the
deposition of the Receiver as set forth in the motion.
Signed by Judge Richard A. Lazzara on 8/23/2013.
(CCB) (Entered: 08/23/2013)

08/26/2013

1054

STATUS report Receiver's Interim Report on Quest
Energy Management Group, Inc. (May 24, 2013 to
August 26, 2013) by Burton W. Wiand as to Scoop
Real Estate, L.P., Jeff Downey, E. John Lopez,
Victory IRA Fund, Ltd., Marty Huppert, Victory
Fund, Ltd., Carrelage Multi−Strategy Offshore
Fund, Ltd., Anne Nadel−Walbridge, Viking IRA
Fund, LLC, Viking Management, LLC, Kelvin V.
Lee, Viking Fund, LLC, Scoop Management, Inc.,
Valhalla Management, Inc., Wells Fargo Bank,
N.A., as successor by merger to Wachovia Bank,
N.A., Valhalla Investment Partners, L.P., Arthur
Nadel, Scoop Capital, LLC. (Attachments: # 1
Exhibit A − Wheeler's Preliminary Report, # 2
Exhibit B − Order, # 3 Exhibit C − September 2011
letter, # 4 Exhibit D − Status Update Memoranda
dated September 24, 2012 and October 16,
2012)(Morello, Gianluca) (Entered: 08/26/2013)

08/27/2013

1055

ORDER/NOTICE OF HEARING scheduling Status
Conference on THURSDAY, SEPTEMBER 5,
2013, at 10:30 a.m., in Tampa Courtroom 15B
before Judge Richard A. Lazzara. The Receiver and
counsel for the SEC should be prepared to discuss

156

with the Court whether it is financially in the best
interest of the Receivership and the defrauded
investors to maintain Quest as a receivership entity.
The Receiver is directed to post this order on the
Receivership's informational website so that
interested parties may be informed of the date, time,
and place of the Status Conference if they wish to
attend. (SKH) (Entered: 08/27/2013)
08/27/2013

1056

Unopposed MOTION to Continue the Status
Conference of September 5, 2013 by Securities and
Exchange Commission. (Attachments: # 1 Text of
Proposed Order)(Levenson, Robert) (Entered:
08/27/2013)

08/28/2013

1057

ENDORSED ORDER granting 1056 Motion to
Continue Status Conference scheduled September 5,
2013. Status Conference rescheduled to
WEDNESDAY, SEPTEMBER 4, 2013, at 9:00 a.m.
Signed by Judge Richard A. Lazzara on 8/28/2013.
(SKH) (Entered: 08/28/2013)

08/28/2013

1058

NOTICE OF RESCHEDULING HEARING: The
Status Conference previously scheduled for
9/5/2013 is rescheduled. New scheduling date and
time: Status Conference reset for WEDNESDAY,
SEPTEMBER 4, 2013, at 9:00 a.m., in Tampa
Courtroom 15B before Judge Richard A. Lazzara.
(SKH) (Entered: 08/28/2013)

08/28/2013

1059

ORDER regarding appearances at Status Conference
scheduled Wednesday, September 4, 2013, at 9:00
a.m. The Receiver is directed to post this Order on
the Receivership's informational website so that
interested parties may be informed of the date, time,
and place of the Status Conference if they wish to
attend, whether personally or via teleconferencing as
set forth. Signed by Judge Richard A. Lazzara on
8/28/2013. (SKH) (Entered: 08/28/2013)

08/28/2013

1060

NOTICE of compliance re 1059 Order pdf by
Burton W. Wiand (Morello, Gianluca) (Entered:
08/28/2013)

08/29/2013

1061

ORDER ATTACHED overruling objection to and
affirming denial of Claim 445. Signed by Judge
Richard A. Lazzara on 8/29/2013. (CCB) (Entered:
08/29/2013)

09/03/2013

1062

MOTION to intervene and/or to file amicus curiae
memorandum by Jeff Downey. (Attachments: # 1
Exhibit A)(Rine, John) Motions referred to
Magistrate Judge Thomas B. McCoun III. (Entered:
09/03/2013)

157

09/04/2013

1063

Minute Entry. Proceedings held before Judge
Richard A. Lazzara: STATUS CONFERENCE held
on 9/4/2013. Court Reporter: Sandra K. Provenzano
(MSS) (Entered: 09/04/2013)

09/04/2013

1064

ENDORSED ORDER denying 1062 Motion to
Intervene as stated on the record in open court.
Signed by Judge Richard A. Lazzara on 9/4/2013.
(MSS) (Entered: 09/04/2013)

09/05/2013

1065

MOTION to intervene and to Allow First National
Bank of Albany/Breckenridge to go Free of the Stay
to Enforce its Security Interest in Assets of Quest
Energy Management Group, Inc., and Motion for
Immediate Accounting and Memorandum of Law in
Support of the Motion by First National Bank of
Albany/Breckenridge. (Attachments: # 1 Exhibit A,
# 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5
Exhibit E)(Rotella, Raymond) Motions referred to
Magistrate Judge Thomas B. McCoun III. (Entered:
09/05/2013)

09/05/2013

1066

Unopposed MOTION for Settlement re: The
Carrswold Partnership by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
09/05/2013)

09/06/2013

1067

ORDER ATTACHED granting 1066 Receiver's
Motion for Settlement with the Carrswold
Partnership and associated with Case No.
8:10−cv−212−T−17MAP. Signed by Judge Richard
A. Lazzara on 9/6/2013. (CCB) (Entered:
09/06/2013)

09/17/2013

1068

ORDER of USCA: Appellee's motion to dismiss the
appeal for violation of injunction and lack of
jurisdiction is CARRIED WITH THE CASE filed
by Appellee Burton W. Wiand. as to 1027 Notice of
appeal filed by Quest Energy Management Group,
Inc. EOD: 9/17/13; USCA number: 13−12778−FF.
(JNB) (Entered: 09/17/2013)

09/19/2013

1069

RESPONSE to Motion re 1065 MOTION to
intervene and to Allow First National Bank of
Albany/Breckenridge to go Free of the Stay to
Enforce its Security Interest in Assets of Quest
Energy Management Group, Inc., and Motion for
Immediate Accounting and Memorandum of Law in
Suppo − filed by Securities and Exchange
Commission. (Levenson, Robert) (Entered:
09/19/2013)

09/23/2013

1070

RESPONSE in Opposition re 1065 MOTION to

158

intervene and to Allow First National Bank of
Albany/Breckenridge to go Free of the Stay to
Enforce its Security Interest in Assets of Quest
Energy Management Group, Inc., and Motion for
Immediate Accounting and Memorandum of Law in
Suppo filed by Burton W. Wiand. (Attachments: # 1
Exhibit A)(Morello, Gianluca) (Entered:
09/23/2013)
09/25/2013

1071

Unopposed MOTION for Settlement re: Daniel A.
Zak, individually and as Trustee of the EPMG−NW
P.C. MPP &PS Trust and Marian Zak, as Trustee of
the Marvin Zak and Marian Lyle Zak Bypass Trust
u/d dtd October 16, 1998 by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered:
09/25/2013)

09/25/2013

1072

ORDER ATTACHED granting 1071 the Receiver's
Motion for Settlement with Daniel A Zak,
individually and as Trustee, and Marion Zak as
Trustee, and associated with Case Nos.
8:10−cv−161−T−17MAP and
8:10−cv−170−T−17MAP. Signed by Judge Richard
A. Lazzara on 9/25/2013. (CCB) (Entered:
09/25/2013)

09/27/2013

1073

ORDER ATTACHED denying 1065 Motion to
Intervene. Signed by Judge Richard A. Lazzara on
9/27/2013. (CCB) (Entered: 09/27/2013)

09/30/2013

1074

Unopposed MOTION for miscellaneous relief,
specifically to Approve Sale of the Assets of
Respiro, Inc. by Burton W. Wiand. (Attachments: #
1 Exhibit 1 − Proposed Order, # 2 Exhibit 2 −
Purchase Agreement, # 3 Exhibit 3 −
Orders)(Morello, Gianluca) (Entered: 09/30/2013)

10/01/2013

1075

ORDER granting 1074 Motion to Approve Sale of
the Assets of Respiro, Inc. Signed by Judge Richard
A. Lazzara on 10/1/2013. (SKH) (Entered:
10/01/2013)

10/15/2013

1076

MOTION for miscellaneous relief, specifically
Partial Relief from Stay , MOTION for leave to file
to Permit Filing of a Lien in Public Records by La
Bellasara Condominium Association, Inc..
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
Exhibit 3, # 4 Exhibit 4)(Carroll, Hunter) (Entered:
10/15/2013)

10/17/2013

1077

STATUS report Receiver's Fourteenth Interim
Report (March 1, 2013 − August 31, 2013) by
Burton W. Wiand as to Scoop Real Estate, L.P., E.

159

John Lopez, Victory IRA Fund, Ltd., Marty
Huppert, Victory Fund, Ltd., Carrelage
Multi−Strategy Offshore Fund, Ltd., Anne
Nadel−Walbridge, Viking IRA Fund, LLC, Viking
Management, LLC, Kelvin V. Lee, Viking Fund,
LLC, Scoop Management, Inc., Valhalla
Management, Inc., Wells Fargo Bank, N.A., as
successor by merger to Wachovia Bank, N.A.,
Valhalla Investment Partners, L.P., Arthur Nadel,
Scoop Capital, LLC. (Attachments: # 1 Exhibit
A−Standardized Fund Accounting Report, # 2
Exhibit B−Receivership Assets Sold or Otherwise
Disposed, # 3 Exhibit C−Chris Moody's Assets, # 4
Exhibit D−Neil Moody's Assets)(Morello, Gianluca)
(Entered: 10/17/2013)
10/22/2013

1078

Unopposed MOTION for Settlement re: Wiand, as
Receiver v. Donald Rowe, et al. (8:10−cv−245),
specifically, settlement with Marianne Bollaci
Siegal, as trustee of the Hardin Family Irrevocable
Trust u/a/d January 21, 2013 by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Executed Settlement
Agreement)(Morello, Gianluca) (Entered:
10/22/2013)

10/22/2013

1079

Unopposed MOTION for Settlement re: Wiand, as
Receiver v. Donald Rowe, et al. (8:10−cv−245),
specifically, settlement with SRB Associates, Inc. by
Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Morello,
Gianluca) (Entered: 10/22/2013)

10/23/2013

1080

ORDER granting 1078 Motion for Settlement
between the Receiver and Marianne Bollaci Siegal
as trustee of the Hardin Family Irrevocable Trust.
Signed by Judge Richard A. Lazzara on 10/23/2013.
(SKH) (Entered: 10/23/2013)

10/23/2013

1081

ORDER ATTACHED granting 1079 Receiver's
Motion for Settlement with Donald Rowe et al. and
associated with Case No. 8:10−cv−245−T−17MAP.
Signed by Judge Richard A. Lazzara on 10/23/2013.
(CCB) (Entered: 10/23/2013)

10/25/2013

1082

CERTIFICATE OF readiness to USCA: Pursuant to
F.R.A.P. 11(c), the Clerk of the District Court for
the Middle District of Florida certifies that the
record is complete for the purposes of this appeal re:
1027 Notice of appeal. The following documents
will be forwarded in paper format upon the request
for the record on appeal by the USCA in addition to
the electronic record. Volume of pleadings
(SEALED): 1. USCA number: 13−12778−FF (BSN)

160

(Entered: 10/30/2013)
11/01/2013

1083

RESPONSE in Opposition re 1076 MOTION for
miscellaneous relief, specifically Partial Relief from
Stay MOTION for leave to file to Permit Filing of a
Lien in Public Records filed by Burton W. Wiand.
(Morello, Gianluca) (Entered: 11/01/2013)

11/04/2013

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)
(Entered: 11/04/2013)

11/06/2013

1085

MOTION for miscellaneous relief, specifically to
(1) Approve Third Interim Distribution, (2) Increase
Certain Reserves, and (3) Release Certain Other
Reserves by Burton W. Wiand. (Attachments: # 1
Exhibit A−Distribution Schedule, # 2 Exhibit
B−Reserves, # 3 Exhibit C−Proposed
Order)(Morello, Gianluca) (Entered: 11/06/2013)

11/14/2013

1086

Unopposed MOTION for Attorney Fees Receiver's
Fifteenth Interim Motion for Order Awarding Fees,
Costs, and Reimbursement of Costs To Receiver and
His Professionals by Burton W. Wiand.
(Attachments: # 1 Exhibit 1−Standardized Fund
Accounting Report, # 2 Exhibit 2−Part 1 of
2−Receiver's 14th Interim Report, # 3 Exhibit
2−Part 2 of 2−Receiver's 14th Interim Report, # 4
Exhibit 3−Listing of Prior Interim Motions for Fees
and Costs, # 5 Exhibit 4−Scoop
Receivership−Representation of Scoop
Receivership, # 6 Exhibit 5−Scoop
Receivership−Recovery from Investors, # 7 Exhibit
6−Scoop Receivership−Recovery of Assets from C.
and N. Moody, # 8 Exhibit 7−Scoop
Receivership−Recovery of Commissions, # 9
Exhibit 8−Scoop Receivership−Quest Energy, # 10
Exhibit 9−Categorization and Summary of WGK
Costs, # 11 Exhibit 10−Attorney Fee Schedule, # 12
Exhibit 11−Scoop Legal Team−Scoop Capital,
LLC, # 13 Exhibit 12−Scoop Legal Team−Recovery
from Investors, # 14 Exhibit 13−Scoop Legal
Team−Recovery of Assets from C. and N. Moody, #
15 Exhibit 14−Scoop Legal Team−Recovery of
Commissions, # 16 Exhibit 15−Scoop Legal
Team−Quest Energy, # 17 Exhibit 16−PDR
Certified Public Accountants, # 18 Exhibit
17−Riverside Financial Group, # 19 Exhibit
18−E−Hounds, Inc., # 20 Exhibit 19−The RWJ
Group, LLC, # 21 Exhibit 20−Yip Associates, # 22
Exhibit 21−EIM Consulting, LLC, # 23 Exhibit
22−The Taylor Law Offices, PC, # 24 Exhibit

161

23−Wheeler Fairman &Kelley, CPA, # 25 Exhibit
24−Allen Dell, PA, # 26 Exhibit 25−Kirby Noonan
Lance &Hoge, LLP, # 27 Exhibit 26−Klar
&Associates, # 28 Exhibit 27−Reminger &Co, LPA,
# 29 Exhibit 28−Briggs and Morgan, PA, # 30
Exhibit 29−Brock &Brock, PLLC, # 31 Exhibit
30−Goetz Baldwin and Geddes, # 32 Exhibit
31−Stichter Riedel Blain &Prosser PA, # 33 Exhibit
32−Scott, Douglass &McConnico, LLP, # 34
Exhibit 33−Proposed Order)(Morello, Gianluca)
(Entered: 11/14/2013)
11/22/2013

1087

ORDER granting 1085 Receiver's Motion to
Approve Third Interim Distribution. Signed by
Judge Richard A. Lazzara on 11/22/2013. (SKH)
(Entered: 11/22/2013)

11/25/2013

1088

Unopposed MOTION for Settlement re: Wiand, as
Receiver v. Donald Rowe, et al. (8:10−cv−245),
specifically, settlement with Band Weintraub, P.L.
by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Morello,
Gianluca) (Entered: 11/25/2013)

11/26/2013

1089

ORDER ATTACHED granting 1088 Receiver's
Motion for Settlement with Band Weintraub, P.L.
and associated with Case no.
8:10−cv−245−T−17MAP. Signed by Judge Richard
A. Lazzara on 11/26/2013. (CCB) (Entered:
11/26/2013)

11/26/2013

1090

Unopposed MOTION for Settlement re: Wiand, as
Receiver v. Bart Leereveld, Reinhardt D. Damm,
Dencora Services and Management Corporation,
and K2 Hideaway, LLC, Case No. 12−3774 CA
(20th Jud. Cir.) by Burton W. Wiand. (Attachments:
# 1 Exhibit A − Executed Settlement
Agreement)(Morello, Gianluca) (Entered:
11/26/2013)

11/26/2013

1091

ORDER granting 1086 Unopposed Receiver's
Fifteenth Interim Motion for Order Awarding Fees,
Costs and Reimbursement of Costs to Receiver and
His Professionals. Signed by Judge Richard A.
Lazzara on 11/26/2013. (SKH) (Entered:
11/26/2013)

11/26/2013

1092

ORDER ATTACHED granting Receiver's Motion
to Approve Settlement 1090 . The Court approves
the written settlement agreement attached to the
motion regarding the K−2 Hideaway action. Signed
by Judge Richard A. Lazzara on 11/26/2013. (SKH)
(Entered: 11/26/2013)

162

12/17/2013

1093

ORDER of USCA: Motion to strike filed by
Appellant Quest Energy Management Group, Inc. is
DENIED as to 1027 Notice of appeal filed by Quest
Energy Management Group, Inc. EOD: 12/13/13;
USCA number: 13−12778−FF. (JNB) (Entered:
12/17/2013)

12/23/2013

1094

Unopposed MOTION for Settlement re: (1) Harvey
A. Gilbert and Deanne E. Gilbert, as Co−Trustees
of the Gilbert Family Trust, (2) Melinda Munson
and Mark Munson, (3) Munson Family Partners,
Ltd., (4) Peter Roby and Katherine Roby, (5)
Rodney Nigel Turner, (6) Louis Wang, (7) Charles
Hailey, (8) Paul Swenson, (9) Gregg Weinberg, as
Trustee of the Commonwealth Radiology, PC PSP,
(10) John D. Whitlock, as Trustee of the W.W.
Whitlock PC Pension Trust, and (11) W.W. Whitlock
Foundation by Burton W. Wiand. (Attachments: # 1
Exhibit A − Executed Settlement
Agreements)(Lamont, Michael) (Entered:
12/23/2013)

12/26/2013

1095

ORDER ATTACHED granting 1094 Receiver's
Motion for Settlement with multiple parties. Signed
by Judge Richard A. Lazzara on 12/26/2013. (CCB)
(Entered: 12/26/2013)

12/31/2013

1096

Unopposed MOTION for Ana T. Barnett, Esq. to
withdraw as attorney by TRSTE, Inc., Wells Fargo
Bank, N.A.. (Barnett, Ana) (Entered: 12/31/2013)

12/31/2013

1097

Unopposed MOTION for miscellaneous relief,
specifically for Order (1) Authorizing Receiver to
Execute and Submit Amended Tax Return of Arthur
Nadel; (2) Directing the IRS to Accept the Tax
Return; (3) Directing IRS to Deliver any Tax Return
to Receiver; and (4) Authorizing Receiver to
Negotiate and Deposit any Tax Refund Payable to
Arthur Nadel by Burton W. Wiand. (Attachments: #
1 Exhibit A − Proposed Order)(Morello, Gianluca)
(Entered: 12/31/2013)

01/02/2014

1098

ENDORSED ORDER granting 1096 Unopposed
Motion for Ana T. Barnett, Esq. to withdraw as
attorney by TRSTE, Inc., Wells Fargo Bank, N.A..
Signed by Judge Richard A. Lazzara on 1/2/2014.
(DMB) (Entered: 01/02/2014)

01/14/2014

1099

Unopposed MOTION for Settlement re: Wiand, as
Receiver v. Donald Rowe, et al. (8:10−cv−245),
specifically, settlement with Ty Hardin and Choice
Direct Mail, Inc. by Burton W. Wiand.
(Attachments: # 1 Exhibit 1 − Executed Settlement
Agreement)(Morello, Gianluca) (Entered:

163

01/14/2014)
01/15/2014

1100

ORDER granting 1097 Motion for order authorizing
the receiver to execute and submit an amended form
1040X income tax return for Arthur Nadel to the
IRS. Signed by Judge Richard A. Lazzara on
1/15/2014. (MSS) (Entered: 01/15/2014)

01/28/2014

1101

MOTION for clarification re 1100 Order on Motion
for Miscellaneous Relief by United States Internal
Revenue Service. (Harwell, Lacy) (Entered:
01/28/2014)

02/03/2014

1102

ORDER granting 1099 Receiver's Motion to
Approve Settlement. Signed by Judge Richard A.
Lazzara on 2/3/2014. (SKH) (Entered: 02/03/2014)

02/04/2014

1103

FINAL JUDGMENT in favor of Burton W. Wiand
against Choice Direct Mail, Inc., Ty Hardin. See
judgment for details. (Signed by Deputy Clerk)
(BSN) (Entered: 02/04/2014)

02/04/2014

1104

RESPONSE to Motion re 1101 MOTION for
clarification re 1100 Order on Motion for
Miscellaneous Relief filed by Burton W. Wiand.
(Morello, Gianluca) (Entered: 02/04/2014)

02/04/2014

1105

ORDER ATTACHED granting to a limited extent
1101 Motion for Clarification. Signed by Judge
Richard A. Lazzara on 2/4/2014. (CCB) (Entered:
02/04/2014)

03/07/2014

1106

STATUS report Receiver's Fifteenth Interim Report
(9/1/13 − 1/31/14) by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Standardized Fund
Accounting Report, # 2 Exhibit B − Receivership
Assets Sold or Otherwise Disposed, # 3 Exhibit C −
Chris Moody's Assets, # 4 Exhibit D − Neil
Moody's Assets)(Morello, Gianluca) (Entered:
03/07/2014)

03/07/2014

1107

Unopposed MOTION for Settlement re: Wiand, as
Receiver v. Donald Rowe, et al. (8:10−cv−245),
specifically, settlement with Band Gates, P.L. by
Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Morello,
Gianluca) (Entered: 03/07/2014)

03/07/2014

1108

ORDER ATTACHED granting 1107 the Receiver's
Motion for Settlement with Band Gates, PL, and
associated with Case no. 8:10−cv−245−T−17MAP.
Signed by Judge Richard A. Lazzara on 3/7/2014.
(CCB) (Entered: 03/07/2014)

03/13/2014

1109

Unopposed MOTION for miscellaneous relief,

164

specifically for approval of private sale of the assets
of Tradewind, LLC by Burton W. Wiand.
(Attachments: # 1 Exhibit 1 − Proposed Order, # 2
Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5,
# 6 Exhibit 6)(Morello, Gianluca) (Entered:
03/13/2014)
03/27/2014

1110

ORDER granting 1109 Receiver's Verified Motion
for Approval of Private Sale of the Assets of
Tradewind, LLC. Signed by Judge Richard A.
Lazzara on 3/27/2014. (SKH) (Entered: 03/27/2014)

04/09/2014

1111

MOTION for Raymond J. Rotella of Kosto
&Rotella P.A. to withdraw as attorney by First
National Bank of Albany/Breckenridge. (Rotella,
Raymond) (Entered: 04/09/2014)

04/10/2014

1112

ENDORSED ORDER granting 1111 Motion to
Withdraw as Attorney. Raymond J. Rotella of Kosto
&Rotella P.A. is relieved of any further
representation as attorney by First National Bank of
Albany/Breckenridge. Signed by Judge Richard A.
Lazzara on 4/10/2014. (SKH) (Entered: 04/10/2014)

04/10/2014

1113

Unopposed MOTION for miscellaneous relief,
specifically to Approve Fourth Interim Distribution
and Increase Certain Reserves by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Distribution
Schedule, # 2 Exhibit B − Reserves, # 3 Exhibit C −
Proposed Order)(Morello, Gianluca) (Entered:
04/10/2014)

04/24/2014

1114

ORDER granting 1113 Unopposed Motion to
Approve Fourth Interim Distribution. Signed by
Judge Richard A. Lazzara on 4/24/2014. (SKH)
(Entered: 04/24/2014)

05/14/2014

1115

Unopposed MOTION for miscellaneous relief,
specifically for leave to retain Whitehorse Partners,
LLC to Market and Sell Quest Energy Management
Group, Inc. by Burton W. Wiand. (Attachments: # 1
Exhibit A, # 2 Exhibit B)(Morello, Gianluca)
(Entered: 05/14/2014)

05/15/2014

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) (Entered:
05/15/2014)

05/23/2014

1117

STATUS report re Quest Energy Management
Group, Inc. (Second Report) by Burton W. Wiand.
(Attachments: # 1 Exhibit A (Well Status Report), #
2 Exhibit B (SFAR))(Morello, Gianluca) (Entered:

165

05/23/2014)
05/30/2014

1118

MOTION for miscellaneous relief, specifically for
Order Overruling Objections to Determinations of
Claim Numbers 462, 463, 464, 465, 466, and 467
and Awarding Sanctions in the Form of Attorney
Fees and Costs by Burton W. Wiand. (Morello,
Gianluca) (Entered: 05/30/2014)

05/30/2014

1119

DECLARATION of Gianluca Morello re 1118
MOTION for miscellaneous relief, specifically for
Order Overruling Objections to Determinations of
Claim Numbers 462, 463, 464, 465, 466, and 467
and Awarding Sanctions in the Form of Attorney
Fees and Costs by Burton W. Wiand. (Attachments:
# 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit
G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11
Exhibit K)(Morello, Gianluca) (Entered:
05/30/2014)

06/04/2014

1120

NOTICE of supplemental authority re 1118
MOTION for miscellaneous relief, specifically for
Order Overruling Objections to Determinations of
Claim Numbers 462, 463, 464, 465, 466, and 467
and Awarding Sanctions in the Form of Attorney
Fees and Costs , 1119 Declaration by Burton W.
Wiand. (Attachments: # 1 Exhibit A − 11th Circuit
Opinion)(Morello, Gianluca) (Entered: 06/04/2014)

06/18/2014

1121

ORDER ATTACHED granting 1118 Motion for
Order Overruling Objections to Determinations of
Claim Numbers 462, 463, 464, 465, 466, and 467
and Awarding Sanctions in the Form of Attorney
Fees and Costs. In accordance with attached order,
Receiver to file documentation on or before
7/2/2014; Claimant to file response to that
documentation no later than 7/17/2014; and Clerk to
send copy of attached order to Claimant. Signed by
Judge Richard A. Lazzara on 6/18/2014. (CCB)
(Entered: 06/18/2014)

06/23/2014

1122

MOTION to Vacate 1121 Order on Motion for
Miscellaneous Relief by Vernon M. Lee.
(Attachments: # 1 Mailing Envelope)(BSN)
(Entered: 06/24/2014)

06/24/2014

1123

ENDORSED ORDER denying 1122 Motion to
Vacate Order on Motion for Miscellaneous Relief
1121 by Vernon M. Lee. Signed by Judge Richard
A. Lazzara on 6/24/2014. (SKH) (Entered:
06/24/2014)

06/25/2014

1124

Unopposed MOTION for Attorney Fees Receiver's

166

Sixteenth Interim Motion for Order Awarding Fees,
Costs, and Reimbursement of Costs to Receiver and
His Professionals (September 1, 2013 through
January 31, 2014) by Burton W. Wiand.
(Attachments: # 1 Exhibit 1 − Standardized Fund
Accounting Report, # 2 Exhibit 2 − Part 1 − The
Receiver's Fifteenth Interim Report, # 3 Exhibit 2 −
Part 2 − The Receiver's Fifteenth Interim Report, # 4
Exhibit 3 − Prior Interim Motions for Orders
Awarding Fees, # 5 Exhibit 4 − Scoop Receivership
− Representation of Scoop Receivership, # 6 Exhibit
5 − Scoop Receivership − Recovery from Investors,
# 7 Exhibit 6 − Scoop Receivership − Recovery of
Assets from N. and C. Moody, # 8 Exhibit 7 −
Scoop Receivership − Recovery of Commissions, #
9 Exhibit 8 − Scoop Receivership − Quest Energy
Management Group, Inc., # 10 Exhibit 9 −
Categorization and Summary of Costs Incurred by
WGK, # 11 Exhibit 10 − Attorney Fee Schedule, #
12 Exhibit 11 − Scoop Legal Team − Scoop Capital,
LLC Receivership, # 13 Exhibit 12 − Scoop Legal
Team − Recovery from Investors, # 14 Exhibit 13 −
Scoop Legal Team − Recovery of Assets from N.
and C. Moody, # 15 Exhibit 14 − Scoop Legal Team
− Recovery of Commissions, # 16 Exhibit 15 −
Scoop Legal Team − Quest Energy Management
Group, Inc., # 17 Exhibit 16 − PDR Certified Public
Accountants, # 18 Exhibit 17 − E−Hounds, Inc., #
19 Exhibit 18 − The RWJ Group, LLC, # 20 Exhibit
19 − Yip Associates, # 21 Exhibit 20 − Kirby
Noonan Lance and Hoge, # 22 Exhibit 21 −
Reminger Co., L.P.A., # 23 Exhibit 22 − Schiff
Hardin LLP, # 24 Exhibit 23 − Brock and Brock, #
25 Exhibit 24 − Rifkin Weiner Livingston Levitan
and Silver, LLC, # 26 Exhibit 25 − Maples, # 27
Exhibit 26 − Scott Douglass and McConnico LLP, #
28 Exhibit 27 − Proposed Order)(Morello, Gianluca)
(Entered: 06/25/2014)
06/27/2014

1125

DECLARATION of Gianluca Morello re 1121
Order on Motion for Miscellaneous Relief by
Burton W. Wiand. (Attachments: # 1 Exhibit A −
Attorney Fee Breakdown)(Morello, Gianluca)
(Entered: 06/27/2014)

06/27/2014

1126

NOTICE by Burton W. Wiand re 1125 Declaration
Certificate of Service (Morello, Gianluca) (Entered:
06/27/2014)

07/11/2014

1127

ORDER granting 1124 Unopposed Receiver's
Sixteenth Interim Motion for Order Awarding Fees,
Costs, and Reimbursement of Costs to Receiver and
his Professionals. Signed by Judge Richard A.

167

Lazzara on 7/11/2014. (SKH) (Entered: 07/11/2014)
07/14/2014

1128

Unopposed MOTION for miscellaneous relief,
specifically for Permission to Prosecute Appeal of
the Schneiderman Action by Burton W. Wiand.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
Exhibit 3)(Morello, Gianluca) (Entered: 07/14/2014)

07/16/2014

1129

ORDER ATTACHED granting 1128 Motion for
Permission to Prosecute Appeal. Signed by Judge
Richard A. Lazzara on 7/16/2014. (CCB) (Entered:
07/16/2014)

07/16/2014

1130

MOTION for miscellaneous relief, specifically
Overrule re 1119 Declaration of Ganluca Morello in
Support of Attorney Fees and Costs by Vernon M.
Lee. (Attachments: # 1 Exhibit A, # 2 Exhibit B pt.
1, # 3 Exhibit B pt. 2, # 4 Exhibit B pt. 3, # 5
Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit
F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, #
12 Exhibit J, # 13 Exhibit K)(BSN) (Entered:
07/18/2014)

07/18/2014

1131

ORDER ATTACHED denying 1130 Claimant's
Motion for Miscellaneous Relief. The Clerk is
directed to enter judgment against Claimant Vernon
M. Lee in accordance with the attached order.
Signed by Judge Richard A. Lazzara on 7/18/2014.
(CCB) (Entered: 07/18/2014)

07/21/2014

1132

JUDGMENT in favor of Burton W. Wiand for the
amount of $6,477.30 and against Vernon M. Lee
(Signed by Deputy Clerk) (BSN) (Entered:
07/21/2014)

07/25/2014

1133

Unopposed MOTION for miscellaneous relief,
specifically for (1) Possession of Brokerage
Accounts Controlled by Arthur Nadel; (2)
Authorization to Relinquish Remaining Brokerage
Accounts; and (3) Partial Modification of Asset
Freeze by Burton W. Wiand. (Attachments: # 1
Exhibit A − Proposed Order)(Morello, Gianluca)
(Entered: 07/25/2014)

07/28/2014

1134

ORDER granting 1133 Motion for Possession of
Brokerage Accounts Controlled by Arthur Nadel;
Authorization to Relinquish Remaining Brokerage
Accounts; and Partial Modification of Asset Freeze.
Signed by Judge Richard A. Lazzara on 7/28/2014.
(SKH) (Entered: 07/28/2014)

08/12/2014

1135

STATUS report The Receiver's Sixteenth Interim
Report (2/1/14 − 6/30/14) by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Standardized Fund
Accounting Report, # 2 Exhibit B − Receivership

168

Assets Sold or Otherwise Disposed, # 3 Exhibit C −
Chris Moody's Assets, # 4 Exhibit D − Neil
Moody's Assets)(Morello, Gianluca) (Entered:
08/12/2014)
08/15/2014

1136

Unopposed MOTION for miscellaneous relief,
specifically for Permission to Appeal Order
Granting Summary Judgment Regarding Garnished
Annuity in the Rowe action by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Order entered July
11, 2014 (Doc. 383))(Morello, Gianluca) (Entered:
08/15/2014)

08/19/2014

1137

ORDER ATTACHED granting 1136 Motion for
Permission to Appeal Order in
8:10−cv−245−T−17MAP. Signed by Judge Richard
A. Lazzara on 8/19/2014. (CCB) (Entered:
08/19/2014)

09/25/2014

1138

ORDER of USCA: Motion for certificate of
appealability construed from the notice of appeal
filed by Appellant Onique E. White is DENIED.
[7115039−2]; Motion to proceed in forma pauperis
filed by Appellant Onique E. White is DENIED as
MOOT as to 1027 Notice of appeal filed by Quest
Energy Management Group, Inc.. EOD: 9/25/14;
USCA number: 13−12778−FF. (JNB) (Entered:
09/25/2014)

09/26/2014

1139

PUBLISHED ORDER of USCA: Motion to dismiss
appeal for lack of subject matter jurisdiction filed by
Appellee Burton W. Wiand is GRANTED as to
1027 Notice of appeal filed by Quest Energy
Management Group, Inc.. EOD: 9/26/14; USCA
number: 13−12778−FF. (JNB) (Entered:
09/26/2014)

10/01/2014

1140

Receiver's Unopposed Seventeenth Interim Motion
for Order Awarding Fees, Costs, and
Reimbursement of Costs to Receiver and His
Professionals (February 1, 2014 through June 30,
2014 by Burton W. Wiand. (Attachments: # 1
Exhibit 1−Standardized Fund Accounting Report, #
2 Exhibit 2−Part 1−Receiver's Sixteenth Interim
Report, # 3 Exhibit 2−Part 2−Receiver's Sixteenth
Interim Report, # 4 Exhibit 3−Prior Interim Motions
for Orders Awarding Fees, # 5 Exhibit 4−Scoop
Receivership−Rep of Scoop Receivership, # 6
Exhibit 5−Scoop Receivership−Recovery from
Investors, # 7 Exhibit 6−Scoop
Receivership−Recovery of Assets from Moodys, # 8
Exhibit 7−Scoop Receivership−Recovery of
Commissions, # 9 Exhibit 8−Scoop

169

Receivership−Quest Energy Mgmt Group, # 10
Exhibit 9−Categorization and Summary of WGK
Costs, # 11 Exhibit 10−Attorney Fee Schedule, # 12
Exhibit 11−Scoop Legal Team−Scoop Capital LLC
Receivership, # 13 Exhibit 12−Scoop Legal
Team−Recovery from Investors, # 14 Exhibit
13−Scoop Legal Team−Recovery of Assets from
Moodys, # 15 Exhibit 14−Scoop Legal
Team−Recovery of Commissions, # 16 Exhibit
15−Scoop Legal Team−Quest Energy Mgmt Group,
# 17 Exhibit 16−PDR Certified Public Accountants,
# 18 Exhibit 17−E−Hounds, Inc., # 19 Exhibit 18
Riverside Financial Group, # 20 Exhibit 19−The
RWJ Group, LLC, # 21 Exhibit 20−Yip Associates,
# 22 Exhibit 21−Brock &Brock PLLC, # 23 Exhibit
22−Maples, # 24 Exhibit 23−Reminger Co., LPA, #
25 Exhibit 24−Schiff Hardin LLP, # 26 Exhibit
25−Scott, Douglas &McConnico, LLP, # 27 Exhibit
26−Proposed Order)(Morello, Gianluca) Modified
text on 10/2/2014 (KMB). (Entered: 10/01/2014)
10/21/2014

1141

MOTION for John A. Rine to withdraw as attorney
by Jeff Downey, Paul Downey, Quest Energy
Management Group, Inc.. (Rine, John) (Entered:
10/21/2014)

10/22/2014

1142

ENDORSED ORDER granting 1141 Motion to
Withdraw as Attorney. Attorney John Austin Rine is
relieved of any further responsibility concerning Jeff
Downey, Paul Downey, and Quest Energy
Management Group, Inc. Signed by Judge Richard
A. Lazzara on 10/22/2014. (SKH) (Entered:
10/22/2014)

10/24/2014

1143

ORDER granting 1140 Receiver's Unopposed
Motion for Attorney Fees and Costs. Signed by
Judge Richard A. Lazzara on 10/24/2014. (SKH)
(Entered: 10/24/2014)

10/28/2014

1144

Unopposed MOTION for miscellaneous relief,
specifically for leave to retain Whitehorse Partners,
LLC to Market and Sell Quest Energy Management
Group, Inc. (Renewed) by Burton W. Wiand.
(Attachments: # 1 Exhibit A − Marketing
Engagement Agreement, # 2 Exhibit B − Additional
materials re WhiteHorse)(Morello, Gianluca)
(Entered: 10/28/2014)

11/04/2014

1145

Third Interim Report on Quest Energy Management,
Inc. (May 24, 2014 to November 4, 2014) by Burton
W. Wiand. (Attachments: # 1 Exhibit A − Status of
wells, # 2 Exhibit B − Cash Accounting
Report)(Morello, Gianluca) Modified text on

170

11/5/2014 (KMB). (Entered: 11/04/2014)
11/05/2014

FEES paid by Van Operating, Ltd. (Filing fee
$10.00 receipt number TPA26592) Balance due
$Greg Wilkes (AG) (Entered: 11/07/2014)

11/10/2014

1146

MOTION for Gregory M. Wilkes to appear pro hac
vice by Van Operating, Ltd.. (Colton, Roberta)
(Entered: 11/10/2014)

11/12/2014

1147

ENDORSED ORDER granting 1146 Gregory M.
Wilkes' Motion to Appear pro hac vice. Signed by
Judge Richard A. Lazzara on 11/12/2014. (CCB)
(Entered: 11/12/2014)

11/12/2014

1148

ORDER granting 1144 Motion for Leave to retain
Whitehorse Partners, LLC to Market and Sell Quest
Energy Management Group, Inc. (Renewed) by
Burton W. Wiand. Signed by Judge Richard A.
Lazzara on 11/12/2014. (SKH) (Entered:
11/12/2014)

11/12/2014

1149

NOTICE by Van Operating, Ltd. re 1029 Order on
motion to appear pro hac vice Notice of Mark A.
Platt's Withdrawal from Case and Request to Stop
Electronic and E−Mail Notices (Colton, Roberta)
(Entered: 11/12/2014)

11/17/2014

1150

Verified MOTION for Approval of Sale of Real
Property Located in Fairview, Buncombe County,
North Carolina by Burton W. Wiand. (Attachments:
# 1 Exhibit 1 − Proposed Order, # 2 Exhibit 2 −
Appraisal, # 3 Exhibit 3 − Purchase and Sale
Agreement, # 4 Exhibit 4 − Receiver's Deed, # 5
Exhibit 5 − Orders)(Morello, Gianluca) Modified
text on 11/18/2014 (KMB). (Entered: 11/17/2014)

11/18/2014

1151

ORDER granting 1150 Motion for sale of real
property in Fairview, Buncombe County, North
Carolina. Signed by Judge Richard A. Lazzara on
11/18/2014. (SKH) (Entered: 11/18/2014)

12/03/2014

1152

NOTICE to counsel of Local Rule 2.02 (signed by
deputy clerk). (KMB) (Entered: 12/03/2014)

12/05/2014

1153

MANDATE of USCA as to 1027 Notice of appeal
filed by Quest Energy Management Group, Inc.
Issued as Mandate: 12/5/14 USCA number:
13−12778−FF. (JNB) (Entered: 12/05/2014)

12/17/2014

1154

STATUS report The Receiver's Seventeenth Interim
Report (7/1/14 − 10/31/14) by Burton W. Wiand.
(Attachments: # 1 Exhibit A−Standardized Fund
Accounting Report, # 2 Exhibit B−Receivership
Assets Sold or Otherwise Disposed, # 3 Exhibit

171

C−Chris Moody's Assets, # 4 Exhibit D−Neil
Moody's Assets)(Morello, Gianluca) (Entered:
12/17/2014)
12/22/2014

1155

Unopposed MOTION for Attorney Fees Receiver's
Eighteenth Interim Motion for Order Awarding
Fees, Costs, and Reimbursement of Costs to
Receiver and His Professionals (July 1, 2014
through October 31, 2014) by Burton W. Wiand.
(Attachments: # 1 Exhibit 1 − Standardized Fund
Accounting Report, # 2 Exhibit 2 − Part 1 − The
Receiver's Seventeenth Interim Report, # 3 Exhibit 2
− Part 2 − The Receiver's Seventeenth Interim
Report, # 4 Exhibit 3 − Prior Interim Motions for
Orders Awarding Fees, # 5 Exhibit 4 − Scoop
Receivership − Representation of Scoop
Receivership, # 6 Exhibit 5 − Scoop Receivership −
Recovery from Investors, # 7 Exhibit 6 − Scoop
Receivership − Recovery of Assets from N. and C.
Moody, # 8 Exhibit 7 − Scoop Receivership −
Recovery of Commissions, # 9 Exhibit 8 − Scoop
Receivership − Quest Energy Management Group,
Inc., # 10 Exhibit 9 − Scoop Receivership − Appeal
of R. Schneiderman, et al., # 11 Exhibit 10 −
Categorization and Summary of All WGK Costs, #
12 Exhibit 11 − Attorney Fee Schedule, # 13 Exhibit
12 − Scoop Legal Team − Scoop Capital, LLC
Receivership, # 14 Exhibit 13 − Scoop Legal Team
− Recovery from Investors, # 15 Exhibit 14 − Scoop
Legal Team − Recovery of Assets from Moodys, #
16 Exhibit 15 − Scoop Legal Team − Recovery of
Commissions, # 17 Exhibit 16 − Scoop Legal Team
− Quest Energy Management Group, Inc., # 18
Exhibit 17 − Scoop Legal Team − Appeal of R.
Schneiderman, et al., # 19 Exhibit 18 − PDR
Certified Public Accountants, # 20 Exhibit 19 −
E−Hounds, Inc., # 21 Supplement 20 − Riverside
Financial Group, # 22 Exhibit 21 − The RWJ
Group, LLC, # 23 Exhibit 22 − Yip Associates, # 24
Exhibit 23 − Maples and Calder, # 25 Exhibit 24 −
Reminger Co., L.P.A., # 26 Exhibit 25 − Schiff
Hardin LLP, # 27 Exhibit 26 − Scott Douglass and
McConnico LLP, # 28 Exhibit 27 − Law Office of
Dick Harris and Ashton Anderson, # 29 Exhibit 28
− Proposed Order)(Morello, Gianluca) (Entered:
12/22/2014)

01/09/2015

1156

ORDER ATTACHED granting 1155 Unopposed
Receiver's Eighteenth Interim Motion for Order
Awarding Fees, Costs, and Reimbursement of Costs
to Receiver and His Professionals. Signed by Judge
Richard A. Lazzara on 1/9/2015. (CCB) (Entered:

172

01/09/2015)
02/12/2015

1157

Unopposed MOTION for Settlement re: Wiand, as
Receiver v. Kathryn Lawrence (8:10−cv−181) by
Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Lamont, Michael)
(Entered: 02/12/2015)

02/13/2015

1158

ORDER ATTACHED granting 1157 Receiver's
Motion for Settlement with Kathryn V. Lawrence
and associated with Case No.
8:10−cv−181−T−17MAP. Signed by Judge Richard
A. Lazzara on 2/13/2015. (CCB) (Entered:
02/13/2015)

03/05/2015

1159

176 MOTION for Release of Funds Turnover of Sale
Proceeds by Branch Banking &Trust Co. Successor
to Colonial Bank NA. (Garbett, David) (Entered:
03/05/2015)

03/05/2015

1160

NOTICE by Branch Banking &Trust Co. Successor
to Colonial Bank NA re 1159 MOTION for Release
of Funds Turnover of Sale Proceeds of Filing in
Support of DE 1159 (Attachments: # 1 Exhibit Ex. 1
− Declaration of Richard Miller, # 2 Exhibit Ex. 2 −
Declaration of David Hendrix, # 3 Exhibit Ex. 3 −
Declaration of Elizabeth B. Dombovary)(Garbett,
David) (Entered: 03/05/2015)

03/05/2015

1161

REQUEST for oral argument re 1160 Notice
(Other), 1159 MOTION for Release of Funds
Turnover of Sale Proceeds by Branch Banking
&Trust Co. Successor to Colonial Bank NA.
(Garbett, David) (Entered: 03/05/2015)

03/10/2015

1162

Unopposed MOTION for leave to appeal by Burton
W. Wiand. (Smiljanich, Terry) (Entered:
03/10/2015)

03/23/2015

1163

RESPONSE in Opposition re 1159 MOTION for
Release of Funds Turnover of Sale Proceeds filed
by Burton W. Wiand. (Morello, Gianluca) (Entered:
03/23/2015)

03/23/2015

1164

DECLARATION of Gianluca Morello re 1163
Response in Opposition to Motion by Burton W.
Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B,
# 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6
Exhibit F)(Morello, Gianluca) (Entered:
03/23/2015)

03/25/2015

1165

MOTION for leave to file Reply in Support of
Motion for Turnover by Branch Banking &Trust
Co. Successor to Colonial Bank NA. (Garbett,
David) (Entered: 03/25/2015)

173

03/25/2015

1166

ENDORSED ORDER granting 1165 Motion for
Leave to File Reply on or before March 30, 2015.
The Receiver may file a sur−reply of no more than
ten (10) pages no later than April 3, 2015. Signed by
Judge Richard A. Lazzara on 3/25/2015. (CCB)
(Entered: 03/25/2015)

03/27/2015

1167

ORDER ATTACHED granting 1162 Motion for
Leave to Appeal. Signed by Judge Richard A.
Lazzara on 3/27/2015. (CCB) (Entered: 03/27/2015)

03/30/2015

1168

RESPONSE to Motion re 1159 MOTION for
Release of Funds Turnover of Sale Proceeds ( BBT's
Reply Memorandum on Motion for Turnover of Sale
Proceeds of Fairview Property) filed by Branch
Banking &Trust Co. Successor to Colonial Bank
NA. (Garbett, David) (Entered: 03/30/2015)

04/02/2015

1170

Remark correspondence as to Chester Vincentz
(EJC) (Entered: 04/06/2015)

04/03/2015

1169

RESPONSE in Opposition re 1159 MOTION for
Release of Funds Turnover of Sale Proceeds −
Sur−reply in Further Support of Response in
Opposition to Motion filed by Burton W. Wiand.
(Morello, Gianluca) (Entered: 04/03/2015)

04/09/2015

1171

MOTION for Kevin M. Eckhardt to withdraw as
attorney by Fulcrum Distressed Opportunities Fund
I, LP. (Eckhardt, Kevin) (Entered: 04/09/2015)

04/10/2015

1172

ENDORSED ORDER granting 1171 Motion for
Kevin M. Eckhardt to withdraw as attorney by
Fulcrum Distressed Opportunities Fund I, LP.
Signed by Judge Richard A. Lazzara on
4/10/2015. (SKH) (Entered: 04/10/2015)

04/14/2015

1173

Unopposed MOTION for Approval of Sale of Real
Property Located in Sarasota, Sarasota County,
Florida by Burton W. Wiand. (Attachments: # 1
Exhibit 1 − Proposed Order, # 2 Exhibit 2 −
Appraisal, # 3 Exhibit 3 − Appraisal, # 4 Exhibit 4 −
Appraisal, # 5 Exhibit 5 − Purchase and Sale
Agreement, # 6 Exhibit 6 − Receiver's
Deed)(Morello, Gianluca) Modified on 4/15/2015
(KMB). (Entered: 04/14/2015)

04/15/2015

1174

04/15/2015

1175

201 ORDER ATTACHED denying 1159 Motion for
Release of Funds. Signed by Judge Richard A.
Lazzara on 4/15/2015. (CCB) (Entered:
04/15/2015)
Unopposed Amended MOTION for Approval of
Sale of Real Property Located in Sarasota, Sarasota
County, Florida by Burton W. Wiand. (Attachments:

174

# 1 Exhibit 1 − Amended Proposed Order, # 2
Exhibit 2 − Appraisal, # 3 Exhibit 3 − Appraisal, # 4
Exhibit 4 − Appraisal, # 5 Exhibit 5 − Purchase and
Sale Agreement, # 6 Exhibit 6 − Receiver's
Deed)(Morello, Gianluca) Modified relief and text
on 4/15/2015 (KMB). (Entered: 04/15/2015)
04/15/2015

1176

ENDORSED ORDER denying as moot 1173
Motion for Order of Sale. Signed by Judge
Richard A. Lazzara on 4/15/2015. (CCB)
(Entered: 04/15/2015)

04/29/2015

1177

ORDER granting 1175 Unopposed Amended
Motion for Approval of Sale of Real Property
Located in Sarasota, Sarasota County, Florida.
Signed by Judge Richard A. Lazzara on
4/29/2015. (SKH) (Entered: 04/29/2015)

05/12/2015

1178

209 NOTICE OF INTERLOCUTORY APPEAL as to
1174 Order on Motion for Release of Funds by
Branch Banking &Trust Co. Successor to Colonial
Bank NA. Filing fee not paid. (Attachments: # 1
Exhibit Dkt. 1174 − Order)(Dombovary, Elizabeth)
Modified text on 5/13/2015 (KMB). (Entered:
05/12/2015)

175

Case 8:09-cv-00087-RAL-TBM Document 1159 Filed 03/05/15 Page 1 of 25 PageID 22881

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
CASE NO.: 8:09-cv-0087-T-26TBM
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
vs.
ARTHUR NADEL, SCOOP CAPITAL,
LLC, SCOOP MANAGEMENT, INC.,
Defendants,
SCOOP REAL ESTATE, L.P.,
VALHALLA INVESTMENT PARTNERS, L.P.,
VALHALLA MANAGEMENT, INC.,
VICTORY FUND, LTD,
VIKING IRA FUND, LLC,
VIKING FUND, LLC, AND
VIKING MANAGEMENT, LLC,
Relief Defendants.
/
BB&T’S MOTION FOR TURNOVER OF SALE PROCEEDS OF FAIRVIEW
PROPERTY SUBJECT TO MORTGAGE INTEREST
AND SUPPORTING MEMORANDUM OF LAW 1
Secured Creditor, BB&T, moves the Court for entry of an order directing the Receiver to
turn over $267,720.59, the segregated net proceeds of the sale of the Fairview Property (as
defined below), even if Receiver did not timely receive BB&T’s formal secured proof of claim
on BB&T’s purchase-money mortgage loan to Arthur and Marguerite Nadel (“Nadels”). The
1

Unless otherwise indicated, all emphasis and brackets are added. “BB&T” is Branch Banking
and Trust Company. “Receiver” is Burton W. Wiand, as Receiver. “NOF” is BB&T’s notice of
filing in support of this motion. “GR Decl.” is the Declaration of David S. Hendrix, and “Miller
Decl.” is the Declaration of Richard Miller and “Dombovary Decl.” is the Declaration of
Elizabeth B. Dombovary. Other capitalized terms are defined herein.
G A R B E T T, S T I P H A N Y, A L L E N & R O Z A , P. A . , AT T O R N E Y S AT L A W
80 SOUTHWEST EIGHTH STREET, SUITE 3100, MIAMI, FLORIDA 33130 • TELEPHONE [phone]

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CASE NO.: 8:09-cv-0087-T-26TBM
Court recently granted the Receiver’s motion sell the Fairview Property with BB&T’s mortgage
lien attaching to the net proceeds, which the Receiver is holding in a segregated trust account
pending the Court’s ruling on BB&T’s entitlement to the funds. See DE 1150 and 1151. This
motion seeks that determination.
INTRODUCTION
As secured creditor, BB&T’s mortgage lien rides through the Receivership, even if the
Receiver did not receive the proof of claim on time. Moreover, BB&T’s lien should not be
forfeited because the Receiver became aware of BB&T’s secured claim in early 2009, well
before the September 2, 2010 claims deadline, and reported it to the Court and creditors. The
Receiver continued to report the secured claim for five years (from 2009-2014) in 15 Interim
Receiver Reports and website marketing of the Fairview Property, all disclosing the estate’s
liability to BB&T of “approximately $248,560.62” secured by the first lien.
BB&T intended to submit its proof of claim on time, and if the Receiver did not receive
it, the delivery failure was caused by excusable neglect. Before the claims deadline, BB&T
prepared and signed the proof of claim and intended timely delivery, just as BB&T was doing at
the same time on a secured proof of claim on a separate mortgage loan in default, which BB&T
timely delivered to the Receiver. From January 2011 to April 25, 2012, BB&T’s counsel,
unaware that the Receiver had not received the subject claim, consistently advised the Receiver’s
counsel of BB&T’s lien on the Fairview Property for the outstanding loan. During this period,
the Receiver’s counsel did not indicate that the Receiver had not received the proof of claim.
On April 26, 2012, the Receiver’s counsel advised BB&T’s counsel, for the first time,
that the Receiver had no evidence of receipt of the claim. BB&T’s counsel immediately emailed
the proof of claim and supporting documents. Thereafter, the Receiver never filed any motion
2
G A R B E T T, S T I P H A N Y, A L L E N & R O Z A , P. A . , AT T O R N E Y S AT L A W
80 SOUTHWEST EIGHTH STREET, SUITE 3100, MIAMI, FLORIDA 33130 • TELEPHONE [phone]

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Case 8:09-cv-00087-RAL-TBM Document 1159 Filed 03/05/15 Page 3 of 25 PageID 22883
CASE NO.: 8:09-cv-0087-T-26TBM
seeking review of any determination on the claim. To the contrary, from May 2012 through
November 2014, the Receiver filed six additional Interim Reports and advertised the sale of the
Fairview Property, continuing to report the estate’s liability on the BB&T loan “of approximately
$248,560.62” secured by the first lien.
BB&T acted in good faith at all times. The delivery failure, if it occurred, was not
calculated or strategic; it resulted from excusable inadvertence. Honoring the secured claim
would not prejudice the estate as the funds have been segregated since the November 2014 sale
and any remaining distributions to unsecured creditors do not include the funds. Relief should be
granted to BB&T under these unique circumstances.
FACTUAL BACKGROUND
A.

Fairview Loan and Laurel Preserve Loan

1.

The Fairview Loan

On June 14, 2004, BB&T made a purchase-money mortgage loan of $268,000 (“Fairview
Loan”) to enable the Nadels to buy a second residence and associated property at 131 Garren
Creek Road, Fairview, North Carolina 28730 (“Fairview Property”). The Nadels delivered a
note (“Note”) and first-priority Deed of Trust (“Mortgage”) as collateral. NOF at Exhibit 1,
Miller Decl. ¶¶ 5-6, Exhibits A and B. 2 In 2009, following the Nadels’ default, BB&T sent the
file to North Carolina counsel for foreclosure.

Id. at ¶ 7.

After BB&T learned of the

Receivership, it halted the foreclosure. Id. at ¶ 8.
2.

The Laurel Preserve Loan

2

As discussed below, the Receiver also filed the Fairview loan documents on March 27, 2009
with his motion to take title to and possession of the Fairview Property. DE 99.
3
G A R B E T T, S T I P H A N Y, A L L E N & R O Z A , P. A . , AT T O R N E Y S AT L A W
80 SOUTHWEST EIGHTH STREET, SUITE 3100, MIAMI, FLORIDA 33130 • TELEPHONE [phone]

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BB&T also made a $394,000 commercial mortgage loan to Laurel Preserve LLC
(“Laurel Preserve Loan”), secured by a first mortgage on a cottage home located in Buncombe
County, North Carolina (“Laurel Preserve Property”). Id. at ¶ 9, Exhibits C and D. This loan is
not the subject of this motion, although facts concerning it are pertinent to show BB&T’s intent
to submit on a timely basis the proof of claim on the Fairview Loan.
3.

Gray Robinson’s Retention

In 2009, BB&T retained Gray Robinson, P.A. (“GR”) for the limited purpose of
conducting specific legal research regarding the Receivership and the two properties held by the
Receiver, to provide BB&T with information as to the filing of proofs of claim and then to
monitor the sales effort and ultimate sale of the two properties and to report the sales information
to BB&T. This limited representation included authority to communicate with Receiver’s
counsel regarding the marketing and sale of the two properties. NOF, Exhibit 2, GR Decl. at ¶ 4.
GR did not enter an appearance for BB&T in the Receivership.
B.

Receiver Takes Title to Fairview Property Shortly After Receivership
and Reports Fairview Loan and Collateral

Shortly after his appointment in early 2009, the Receiver discovered that the Nadels had
purchased the Fairview Property in part with proceeds of the fraud. See DE 1150 at 4. On
March 27, 2009, the Receiver moved for possession of and title to the Fairview Property
(“Motion for Title”), submitting a supporting declaration (“Receiver’s Declaration”) disclosing
BB&T’s purchase-money enabling loan and first lien on the Fairview Property. DE 98-99. The
Receiver filed the Note and Mortgage, indicating “the balance of the purchase price was paid [by
the Nadels] with [the Fairview Loan].” Receiver’s Declaration at ¶ 30 and Exhibits A-C; F-G;
DE 99-2, 99-3, 99-4, 99-7 and 99-8. The Receiver also disclosed the amount and date of
4
G A R B E T T, S T I P H A N Y, A L L E N & R O Z A , P. A . , AT T O R N E Y S AT L A W
80 SOUTHWEST EIGHTH STREET, SUITE 3100, MIAMI, FLORIDA 33130 • TELEPHONE [phone]

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Case 8:09-cv-00087-RAL-TBM Document 1159 Filed 03/05/15 Page 5 of 25 PageID 22885
CASE NO.: 8:09-cv-0087-T-26TBM
payments to BB&T under the Fairview Loan. Receiver’s Declaration at ¶ 32. On March 30,
2009, the Court granted the Motion for Title, vesting title to and possession of the Fairview
Property with the Receiver, subject to the Mortgage. DE 100. 3
C.

The Receiver Reports Estate’s Secured Liability on Fairview Loan
Well Before Claims Deadline

1.

Receiver’s Interim Reports Before Claims Deadline

In addition to reporting the Fairview Loan and BB&T’s lien on the Fairview Property in
the Motion for Title, from June 9, 2009 to August 18, 2010, the Receiver reported the estate’s
liability to BB&T on the Fairview Loan secured by a first lien on the Fairview Property through
five Interim Reports substantially as follows:
g. Fairview, North Carolina.
On March 30, 2009, the Court granted the Receiver’s motion (Doc. 98) for
possession of property located in Fairview, North Carolina (the “Fairview
Property”). (Doc. 100.) On June 14, 2004, Nadel and his wife purchased the
Fairview Property for $335,000.00. The Fairview Property was a secondary
residence of the Nadels that is located in the mountains of North Carolina near the
large property owned by Laurel Preserve, LLC (see Section V.B.3, above). The
Fairview Property has one known encumbrance: a loan with BB&T Bank on
which there is a remaining balance of approximately $248,560.62. Parties
interested in marketing or purchasing this property should contact the Receiver
directly.
See Second Interim Report dated June 9, 2009, DE 141 at 36; Third Interim Report dated August
14, 2009, DE 176 at 40; Fourth Interim Report dated November 25, 2009, DE 240 at 43; Fifth

3

The Receiver did not assert that BB&T knew of the Nadels’ wrongdoing when it made the
Fairview Loan. Motion for Title at 5-8; Receiver’s Declaration ¶ 30 and Exhibit C thereto. In
recommending allowance of the Laurel Preserve POC, the Receiver acknowledged that he “has
no information indicating that [BB&T] had any involvement in or notice of fraud.” See DE 675
at 49. There is similarly no evidence that BB&T knew of Nadel wrongdoing when it made the
Fairview Loan.
5
G A R B E T T, S T I P H A N Y, A L L E N & R O Z A , P. A . , AT T O R N E Y S AT L A W
80 SOUTHWEST EIGHTH STREET, SUITE 3100, MIAMI, FLORIDA 33130 • TELEPHONE [phone]

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CASE NO.: 8:09-cv-0087-T-26TBM
Interim Report dated March 10, 2010, DE 362 at 48; 4 and Sixth Interim Report dated August 18,
2010, DE 462 at 47-48. 5
2.

Receiver’s Website Advertising Before Claims Deadline

From 2009-2010, the Receiver also reported the estate’s liability on the Fairview Loan
and lien through advertising the property on his website, www.nadelreceivership.com, DE 1150
at 6-7 (describing advertising), as follows:
Location: Fairview, Buncombe County, North Carolina
Size: 3.62 acres
Dwellings: Two-story 200 year-old farm house with over 2,500 square foot of
living area; guest house
Other: Detached double garage with unfinished storage or living area on second
level; detached storage/tool shed
Liabilities: BB&T loan with a remaining balance of approximately
$248,000.00.
NOF, Exhibit 3, Dombovary Decl. at ¶ 2, Exhibits A-C. 6
D.

The Fairview and Laurel Preserve Proofs of Claim

Two separate BB&T departments were handling the defaulted mortgage loans—
residential loan recovery was handling the Fairview Loan and commercial loan recovery was
handling the Laurel Preserve Loan. BB&T’s employees, rather than counsel, were tasked with
submitting proofs of claims. Miller Decl. at ¶ 10; GR Decl. at ¶ 6.

4

This report also indicated that the Receiver had received two offers on the Fairview Property,
one of which was too low, and the Receiver was negotiating with the other offeror.
5

This report added that the offeror could not obtain financing.

6

After the Receiver sold the Fairview Property in November 2014 following court approval, he
removed the website advertisements, but we were able to obtain the historical website
information and have included those we were able to obtain. The Receiver summarized his
website advertising of the Fairview Property at DE 1150 at 6-7.
6
G A R B E T T, S T I P H A N Y, A L L E N & R O Z A , P. A . , AT T O R N E Y S AT L A W
80 SOUTHWEST EIGHTH STREET, SUITE 3100, MIAMI, FLORIDA 33130 • TELEPHONE [phone]

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On August 24, 2010, a GR attorney emailed BB&T employees Kade Herrick (“Herrick”)
and Holly Decker (“Decker”), in residential and commercial loan recovery, respectively,
advising of the September 2, 2010 deadline, the procedure to submit claims, and attaching the
proof of claim form. GR Decl. at ¶¶ 7-8, Exhibits A-B.
On August 27, 2010, Herrick sent GR counsel two emails, the first attaching BB&T’s
proof of claim on the Fairview Loan (“Fairview POC”) completed and signed by BB&T Vice
President Michael Pocisk (“Pocisk”) on that date and supporting documents, and the second
indicating that Herrick was sending the Fairview POC to the Receiver via Maya M. Lockwood,
Esq. (“Lockwood”). Id. at ¶ 9, Composite Exhibit C. The Fairview POC contained the same
information already known to the Receiver, the Court and creditors, including the estate’s
liability to BB&T secured by the lien. 7 Id.
On September 2, 2010, Decker emailed to Lockwood, with a copy to GR counsel,
BB&T’s Proof of Claim on the Laurel Preserve Loan (“Laurel Preserve POC”), completed and
signed by Decker, and supporting documents.

Id. at ¶ 2; Exhibit D. Decker also timely

delivered the original Laurel Preserve POC to Lockwood. Id. at Exhibit K.
E.

BB&T Believes in Good Faith that Fairview POC is Timely Submitted

Prior to April 26, 2012, BB&T’s management overseeing the Fairview Loan believed in
good faith that the Fairview POC had been timely submitted, its interests were perfected, and
BB&T would receive the net proceeds of the sale of the Fairview Property.

Miller Decl. at ¶

12. 8 On November 18, 2010, consistent with BB&T’s understanding, the Receiver filed his

7

The Fairview POC reflects the amount owing as about $271,000 whereas the Receiver had
reported about $268,000 as owing.
8

The Receiver has denied that Lockwood received the Fairview POC by September 2, 2010.
7
G A R B E T T, S T I P H A N Y, A L L E N & R O Z A , P. A . , AT T O R N E Y S AT L A W
80 SOUTHWEST EIGHTH STREET, SUITE 3100, MIAMI, FLORIDA 33130 • TELEPHONE [phone]

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Seventh Interim Report, noting the estate’s liability to BB&T of “approximately $248,560.62”
secured by a first lien. DE 540 at 50-51.
F.

Receiver’s Counsel’s Communications Post-Claims Deadline with GR
Counsel Concerning Secured Debt on Fairview Property

On January 25, 2011, in response to GR counsel’s request for an update on the sale
efforts, Receiver’s counsel emailed GR counsel the links to the listings for the two properties.
GR Decl., Exhibit F. Shortly thereafter, on March 14, 2011, the Receiver filed his Eighth
Interim Report, with the same estate liability statement as the prior six Interim Reports—“The
Fairview Property has one known encumbrance: a loan with BB&T Bank on which there is a
remaining principal balance of approximately $248,941.73.” DE 609 at 48.
On May 23, 2011, GR counsel sent the Receiver’s counsel an email regarding sale
efforts. Receiver’s counsel responded the next day, indicating both properties continued to be
marketed. GR Decl., Exhibit F. In February and July 2011, the Receiver’s website reported the
estate’s liability to BB&T on the Fairview Loan secured by a first lien on the Fairview Property.
Dombovary Decl. at ¶ 2, Exhibits D-E.
On June 8, 2011, GR counsel requested an “update from the broker regarding the
properties encumbered by BB&T’s liens[.]” GR Decl., Exhibit G. Receiver’s counsel emailed
the same day a marketing update on the Fairview Property. Id. at Exhibit H. Shortly thereafter,
on July 21, 2011, the Receiver filed his Ninth Interim Report, with the same estate liability
statement on the Fairview Loan as the prior seven Interim Reports quoted above. See Ninth
Interim Report, DE 647 at 48-49.
On September 21, 2011, GR counsel requested an update from Receiver’s counsel on
“the two properties in which BB&T holds liens.” GR Decl. Exhibit I. During that month, the
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Receiver’s website marketing the Fairview Property contained the same estate liability statement
on the Fairview Loan. Dombovary Decl. at ¶ 2, Exhibits E-F (showing no change in the
advertising from July 2011 to February 2012). This was consistent with the Receiver’s Tenth
Interim Report dated December 15, 2011, containing the same estate liability statement. See
Tenth Interim Report, DE 685 at 32.
On March 12, 2012, GR counsel requested an update from Receiver’s counsel “with
respect to the two properties in which BB&T holds liens.” GR counsel sent a follow-up email on
March 22, 2012. GR Decl., Composite Exhibit J.

During that month, the Receiver’s website

disclosed the same estate liability statement on the Fairview Loan. Dombovary Decl. at ¶ 2,
Exhibit G.
At no time from September 2, 2010 to April 25, 2012 did the Receiver’s counsel ever
advise GR or BB&T of non-receipt of the Fairview POC. GR Decl., Exhibits F-J. During this
period, the Receiver’s Interim Reports and website advertisements also reported the estate’s
liability on the Fairview Loan of “approximately $248,560.62” secured by a first lien.
Dombovary Decl. at ¶ 2, Exhibits A-G.
G.

Receiver’s Motion to Approve Claims Determinations and Priority of
Claims Omits Discussion of Fairview POC

Following the claims deadline, the Receiver conducted disallowance/allowance/priority
determinations. On December 7, 2011, about 15 months after the deadline, the Receiver moved
the Court to approve his determinations, to establish a procedure for creditors to object to claim
determinations and other relief (“Claims Determination Motion”). DE 675.
The Receiver reported that BB&T had made the Laurel Preserve Loan, secured by a first
mortgage, and recommended allowance of the Laurel Preserve POC (Claim No. 482) in part for
9
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$360,157.37, the principal amount owing when the Receiver was appointed, to be paid solely
from the sale proceeds of the Laurel Preserve Property, minus fees and costs. See Claims
Determination Motion at 17-18, 38, 45-48, and Exhibit E, DE 675 at 22-23, 43, 50-53, and 6755. The Receiver recommended a Second Priority Class 2 status, id. at 34-35, DE 675 at 39-40,
with “priority over all other classes with respect to the proceeds of the sale of the asset securing
each of the respective secured claims.” Id. at 35, DE 675 at 40. The Receiver argued for
BB&T’s priority, noting all creditors need not be treated alike, but similarly-situated creditors
should be so treated. Id. at 35-36, DE 675 at 40-41 (and cases cited). According to the Receiver,
BB&T should not receive a deficiency because “secured creditors have an advantage as they
have an identifiable asset over which they enjoy priority in relation to other creditors, including
defrauded investors. Accordingly, [the Laurel Preserve POC] should be paid only out of the
proceeds of the sale of [BB&T’s] collateral.” Id. at 45; DE 675 at 50.
Although the Receiver knew of BB&T’s secured claim on the Fairview Loan in early
2009, and knew as of December 2011 that he had no evidence of receipt of the Fairview POC,
the Receiver did not refer to the Fairview Loan and did not ask the Court to approve any
determination as to the claim, in the Claims Determination Motion. On March 2, 2012, the Court
granted the Claims Determination Motion in part, reserving on whether Wells Fargo Bank, N.A.
(“WFB”) had forfeited its mortgage lien interest on three properties on which it had not timely
submitted proofs of claim. DE 776 at ¶ 9. The Court made no determinations on the Fairview
POC. Id. at DE 776.
H.

The April 26, 2012 Letter

On April 26, 2012, about 45 days after the order on the Claims Determination Motion,
the Receiver’s counsel sent GR counsel a letter responding to GR’s counsel’s March 2012
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inquiry for sale updates on the two properties (“April 26, 2012 Letter”). GR Decl., Exhibit K.
The April 26, 2012 Letter indicated for the first time that although BB&T had timely submitted
the Laurel Preserve POC, the Receiver had no evidence of receiving the Fairview POC. Id. That
afternoon, GR counsel emailed the Receiver’s counsel the Fairview POC and the Laurel Preserve
POC with supporting documents, previously sent to her by Herrick and Decker, respectively, in
August-September 2010. Id. at Exhibit L.
Despite contending in the April 26, 2012 Letter that BB&T had forfeited its claim on the
Fairview Loan, about one month later, on May 31, 2012, the Receiver filed his Eleventh Interim
Report, repeating that “[t]he Fairview Property has one known encumbrance: a loan with BB&T
Bank on which there is a remaining principal balance of approximately $248,941.73.” DE 863 at
28. During the same period, the Receiver’s website continued to indicate the estate’s liability on
the Fairview Loan to BB&T secured by its lien. Dombovary Decl. at ¶ 2, Exhibits F-G.
On October 23, 2012, the Receiver filed his Twelfth Interim Report, repeating the estate’s
liability on the Fairview Loan “of approximately $248,941.73” secured by a first lien. DE 929 at
29-30. On November 5, 2012, GR counsel emailed the Receiver’s counsel advising that she was
unable to send proof of transmittal as Herrick had left the bank. 9

GR Decl., Exhibit M.

Following this, the Receiver did not file any motion with the Court seeking a claims
determination on the Fairview POC.
I.

Post-November 2012 Interim Reports and Website Advertisements
Continue to Recognize Estate’s Liability on Fairview Loan

9

Herrick left BB&T on October 28, 2010. According to BB&T’s retention policy in effect,
BB&T would have purged his emails, both incoming and sent items, within 120 days of the date
he left the bank. Accordingly, by April 2012, when BB&T learned of the Fairview POC issue, it
would not have been able to obtain a copy of Herrick’s email transmittal to the Receiver. Miller
Decl. ¶ 14. Moreover, despite our diligent attempts, we have been unable to locate Herrick to
determine the facts concerning transmittal of the Fairview POC. See Dombovary Decl. at ¶¶ 3-7.
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From November 2012 to November 2014, the Receiver filed 4 additional Interim
Reports, all indicating the estate’s liability on the Fairview Loan of “approximately 248,941.73”
secured by a first lien on the Fairview Property. See Thirteenth Interim Report dated April 8,
2013, DE 1001 at 25-26; Fourteenth Interim Report dated October 17, 2013, DE 1077 at 28;
Fifteenth Interim Report dated March 7, 2014, DE 1106 at 21; and Sixteenth Interim Report
dated August 12, 2014, DE 1135 at 21 (all reporting that “[t]he Fairview Property has one known
encumbrance: a loan with BB&T Bank on which there is a remaining principal balance of
approximately $248,941.73.”). Similarly, during this period, the Receiver continued to report
substantially the same information in website advertisements for the sale of the Fairview
Property.

See NOF Exhibits Dombovary Decl. at ¶ 2, Exhibits J-M (Receiver’s website

advertisements dated April 2, 2013, May 16, 2013, June 16, 2013, and July 18, 2013, all
identifying estate’s liability as “BB&T loan with a remaining balance of approximately
$248,000.00.”).
J.

The November 17, 2014 Motion for Sale

On November 17, 2014, the Receiver sought leave to sell the Fairview Property on an
urgent basis (“Motion for Sale”). DE 1150. For the first time in a court filing, and contrary to
all of the prior Interim Reports and advertisements, the Receiver indicated that he was contesting
the validity of BB&T’s lien, but the Receiver did not ask the Court to rule on a recommended
claim denial on the Fairview POC. Instead, the Receiver sought immediate approve of the sale
without the Court’s determining the validity of BB&T’s lien for the balance owing,10

10

4.

The Motion for Sale incorrectly reported the balance owing as $101,710.77. See DE 1150 at
The Receiver later corrected this. See Receiver’s Seventeenth Interim Report dated
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representing the lien would transfer to proceeds, which the Receiver would hold in a segregated
trust account to protect BB&T’s lien interest. Id. at 3-5, 9-10, 14. 11
The Motion for Sale did not inform the Court that (a) despite knowing as of December
2011 that the Receiver had no evidence of receipt of the Fairview POC, the Claims
Determination Motion did not contain any claim determination on the Fairview Loan, let alone a
recommended disallowance triggering a duty to object, and the Receiver had not filed any
document after December 2011 seeking approval of a claim denial on the Fairview POC; (b) the
Receiver had reported the estate’s liability for the principal balance on the Fairview Loan and
existence of the mortgage lien for over 5 years and well before and after the claims deadline as
evidenced by his Motion for Title on March 27, 2009, 15 Interim Receiver’s Reports from June
2009 to August 2014, and 2009-2014 website advertising of the Fairview Property; (c) the
Receiver had communicated with BB&T’s counsel on numerous occasions over a 14 month
period from January 2011 to March 2012, in which BB&T’s counsel had consistently referred to
the estate’s obligation on the Fairview Loan secured by a first lien, to which the Receiver’s
counsel never objected or indicated an issue on the Fairview POC; (d) as soon as BB&T’s
counsel became aware of the claimed non-receipt of the Fairview POC on April 26, 2012, she
forwarded the Fairview POC and supporting documents to the Receiver’s counsel; (e) thereafter,
the Receiver did not file any motion seeking a claims determination and instead continued to
report in 6 Interim Reports from May 2012 to August 2014 and website advertisements during
December 17, 2015, DE 1154 at 20 n. 6 (acknowledging inaccuracy as representing the amount
to reinstate the Fairview Loan, not the accelerated amount due and owing).
11

As the Receiver noted: “Importantly for BB&T, although the Court can order the Fairview
Property’s sale free and clear of all claims, liens, and encumbrances, those claims, liens, and
encumbrances do not evaporate. Rather, upon sale of the Fairview Property, BB&T’s
encumbrance will transfer to the sale’s proceeds.” DE 1150 at 9.
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the same period the estate’s liability of “approximately $248,560.62” to BB&T secured by a first
lien on the Fairview Property. On November 18, 2014, the Court approved the sale, making no
determination on the validity of the Fairview POC or the lien. DE 1151.
ARGUMENT
A.

As Secured Creditor, BB&T Was Not Required to Submit Fairview
POC to Protect Its Lien Interest 12

The Court has the inherent power to grant relief in a securities receivership, see Bendall
v. Lancer Management Group, LLC, 523 Fed.Appx. 554, 557 (11th Cir. 2013) (citing S.E.C. v.
Elliott, 953 F.2d 1560, 1566 (11th Cir. 1992)), whose goal is to achieve a fair and just outcome
for affected creditors. SEC v. Wealth Mgmt. LLC, 628 F.3d 323, 334 (7th Cir. 2010). In
determining allowability and priority of claims, “the fundamental principle which emerges from
case law is that any distribution should be done equitably and fairly, with similarly situated
investors or customers treated alike.” S.E.C. v. Credit Bancorp, Ltd., 2000 WL 1752979, at *13
(S.D.N.Y. 2000), aff'd, 290 F.3d 80 (2d Cir. 2002). See also DE 675 at 34-36; 39-41 (Receiver’s
recommending priority for BB&T lien and right to proceeds on sale of Laurel Preserve
Property); DE 776 (approving BB&T’s priority). The Receiver also takes all estate property
subject to existing liens perfected under state law. See Marshall v. People of State of New York,
254 U.S. 380, 385 (1920).
In this Circuit, where there is no definitive precedent in a receivership case on the issue
presented, the Court is informed by cases interpreting the Bankruptcy Code. See Bendall, 523
Fed. Appx. at 557 (and cases cited) (“Given that a primary purpose of both receivership and

12

WFB has taken the same position with respect to the Receiver’s contention that WFB
forfeited its mortgage liens by failing timely to submit 3 proofs of claim. Following briefing, DE
740, 755, 762, the Court entered orders deferring ruling on the issue. DE 776 at ¶ 9; DE 955.
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bankruptcy proceedings is to promote the efficient and orderly administration of estates for the
benefit of creditors, we will apply cases from the analogous context of bankruptcy law, where
instructive, due to limited case law in the receivership context.”); S.E.C. v. Elliott, 953 F.2d
1560, 1572-73 (11th Cir. 1992) (analyzing bankruptcy law to resolve issue in receivership
context). As the Eleventh Circuit has noted, other circuits have taken the same approach. See
Bendall, 523 Fed. Appx. at 557 (and cases cited).
In the analogous bankruptcy context, a secured creditor is not obligated to submit a proof
of claim to preserve its lien interest; the lien rides through the bankruptcy regardless whether the
creditor files a proof of claim or files it after the claims deadline. See In re Thomas, 883 F.2d
991 (11th Cir. 1989) (secured creditor’s lien on mobile home not affected by failure to file claim
in Chapter 13 proceeding; proof of claim only necessary to preserve deficiency claim, 13 quoting
from and adopting Judge Posner’s reasoning in Matter of Tarnow, 749 F.2d 464, 465 (7th Cir.
1984), that “‘[a] long line of cases, though none above the level of bankruptcy judges since the
Bankruptcy Code was overhauled in 1978, allows a creditor with a loan secured by a lien on the
assets of a debtor who becomes bankrupt before the loan is repaid to ignore the bankruptcy
proceedings and look to the lien for the satisfaction of the debt.’”); In re Bateman, 331 F.3d 821,
827 (11th Cir. 2003) (“An unsecured creditor is required to file a proof claim for its claim to be
allowed, but filing is not mandatory for a secured creditor. See Fed. R. Bankr.P. 3002(a). In
fact, a secured creditor need not do anything during the course of the bankruptcy proceeding
because it will always be able to look to the underlying collateral to satisfy its lien.”) (citing,
inter alia, In re Folendore); In re Folendore, 862 F.2d 1537, 1539 (11th Cir. 1989) (“Because an

13

BB&T is not pursing a deficiency claim in the action.
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unchallenged lien survives the discharge of the debtor in bankruptcy, a lienholder need not file a
proof of claim under section 501.”); 14 accord In re Tarnow, 749 F.2d at 465 (secured creditor did
not forfeit lien because it failed to file proof of claim by deadline; secured creditor need only file
timely proof of claim to preserve deficiency claim against estate); SLW Capital, LLC v.
Mansaray-Ruffin (In re Mansaray-Ruffin), 530 F.3d 230 (3d Cir. 2008) (adversary proceeding
required to invalidate lien in Chapter 13 proceeding; lien remains intact despite failing to file
claim or objecting to confirmation of plan which provided claim was unsecured); In re Hamlett,
322 F.3d 342 (4th Cir. 2003) (affirming bankruptcy and district court’s ruling that secured
party’s failure timely to file proofs of claim does not extinguish mortgage liens in Chapter 7); In
re Alexander, 435 F. App'x 563, 565 (7th Cir. 2011) (“[A] secured creditor need not file a ‘proof
of claim’ unless the creditor wishes to take part in the distribution of estate assets; here the
creditors sought to separate the mortgaged property from the bankruptcy estate and vindicate
their claims in foreclosure proceedings in state court, as the bankruptcy code permits.”); Shelton
v. CitiMortgage, Inc. (In re Shelton), 477 B.R. 749, 752 (B.A.P. 8th Cir. 2012) (affirming
bankruptcy court’s ruling that mortgagee’s failure timely to file secured proof of claim by bar
date did not extinguish lien; "Liens pass through bankruptcy unless avoided on their merits. And
here, the Debtors have not asserted, let alone proved, that CitiMortgage's lien is avoidable on any
ground other than the untimeliness of CitiMortgage's proof of claim."); Newman v. First Sec.

14

This was also the rule under the prior Bankruptcy Code. See Long v. Bullard, 117 U.S. 617,
620-21 (1886) (“Here the creditor neither proved his debt in bankruptcy nor released his lien.
Consequently his security was preserved notwithstanding the bankruptcy of his debtor.”); Farrey
v. Sanderfoot, 500 U.S. 291, 297 (1991) ("Ordinarily, liens and other secured interests survive
bankruptcy"); Johnson v. Home State Bank, 501 U.S. 78, 84 (1991) ("Rather, a bankruptcy
discharge extinguishes only one mode of enforcing a claim -- namely, an action against the
debtor in personam -- while leaving intact another -- namely, an action against the debtor in
rem").
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Bank of Bozeman, 887 F.2d 973 (9th Cir. 1989) (under prior Bankruptcy Code, mortgagee need
not file proof of claim in Chapter 7 proceeding to preserve lien, which rode through bankruptcy
unaffected by debtors’ discharge); Bisch v. United States (In re Bisch), 159 B.R. 546, 550 (9th
Cir. BAP 1993) (secured creditor, IRS, failed to file proof of claim for unpaid taxes on debtor’s
real property; lien not extinguished because “[f]ailure to file a secured proof of claim in a
bankruptcy case might mean that the lien holder will not receive a distribution from the estate.
This may mean forfeiting any right to a deficiency, but it does not waive the lien.”); In re
Simmons, 765 F.2d 547, 556-57 (5th Cir. 1985) (adopting In re Tarnow; secured creditor with
valid state statutory lien on estate property who failed to object to confirmation of Chapter 13
plan listing debt as unsecured did not forfeit perfected lien); Clem v. Johnson, 185 F.2d 1011,
1013 (8th Cir. 1950), cert. denied, 341 U.S. 909 (1951) (under prior Bankruptcy Code, secured
creditor holding mortgage on aircraft was entitled to enforce lien in Chapter 7 proceeding despite
failing to file proof of claim by claims bar deadline); In re Schwalb, 347 B.R. 726, 753 (Bankr.
D. Nev. 2006) (even if secured creditor does not file proof of claim, “a secured claim passes
through bankruptcy unaffected absent some affirmative action to set it aside.”); In re Prestige
Ltd. Partnership-Concord, 223 B.R. 203, 208 (Bankr. N.D. Cal. 1998) (secured creditor in
Chapter 11 proceeding not required to file proof of claim to preserve interest in collateral); In re
Penrod, 50 F.3d 459, 461 (7th Cir. 1995) (“A secured creditor can bypass his debtor's
bankruptcy proceeding and enforce his lien in the usual way, which would normally be by
bringing a foreclosure action in a state court. This is the principle that liens pass through the
bankruptcy unaffected.”); In re Pence, 905 F.2d 1107, 1110 (7th Cir. 1990).”); In re Brawders,
325 B.R. 405, 411 (B.A.P. 9th Cir. 2005) (“Absent some action by the representative of the
bankruptcy estate, liens ordinarily pass through bankruptcy unaffected, regardless whether the
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creditor holding that lien ignores the bankruptcy case, or files an unsecured claim when it meant
to file a secured claim, or files an untimely claim after the bar date has passed.”), aff'd, 503 F.3d
856 (9th Cir. 2007). Accordingly, BB&T’s failure to submit the Fairview POC on time, if true,15
does not justify forfeiting its lien interest. 16
B.

The Receiver Knew of and Reported All Information in Fairview
POC Well Before Deadline

This is not a case where the Receiver and creditors were uniformed as to BB&T’s
secured claim; to the contrary, throughout the last 5 years, the Receiver knew of and reported
BB&T’s secured claim to the Court and creditors. Shortly after his appointment, the Receiver
discovered and reported the estate’s liability and BB&T’s lien on the Fairview Property and
submitted the loan documents to the Court. Thereafter, in 15 Interim Receiver Reports and
continuous website advertisements, from 2009 to 2014, the Receiver continually reported the
estate’s liability to BB&T of “approximately $248,560.62” secured by a first lien on the Fairview
Property. A formal proof of claim by September 10, 2010 was not necessary to inform the
Receiver and parties in interest of that which they already knew. As the district court reasoned in
Bankers Trust Co. v. Florida East Coast Ry. Co., 31 F.Supp. 961, 963 (S.D. Fla. 1940), in
permitting a late-filed preferred claim in a receivership seeking priority payment on account of a
state court judgment:
Those objecting to the petition also make the point that petitioner's claim was not
filed within the time fixed by the Court's former orders herein relating to claims
15

We have not taken discovery of the Receiver to verify his statement of non-receipt, but
assume its truth; as discussed, even if true, the facts and law do not support forfeiture of BB&T’s
lien and right to net proceeds.
16

Indeed, as WFB pointed out, the Receiver has not cited a single receivership case holding that
a secured creditor’s failure to submit a proof of claim on time justifies forfeiture of the lien or
proceeds on disposition. We have not found any such case either.
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generally, and therefore that the claim is barred. The object of requiring the filing
of claims within a stated period is to give the Receivers timely notice of the
existence thereof. As counsel who specifically consented to the entry of this
judgment were also counsel for the Receivers, there was ample notice of its
existence. There is no substantial reason for requiring further proof of such a
claim.
This Court need go no further in ruling that BB&T should receive the net disposition proceeds.
The purpose of a proof of claim on Fairview Loan was satisfied as soon as the Receiver took title
to the Fairview Property subject to the mortgage and reported the estate’s liability on the
Fairview Loan.
C.

Delay in Submitting Fairview POC was Excusable Neglect

The Court has broad discretion to permit a tardy proof of claim. See, e.g., Callahan v.
Moneta Capital Corp., 415 F.3d 114, 120 (1st Cir. 2005).

As the Court has recognized,

excusable neglect will justify relief for untimely submission of a proof of claim. See DE 1002 at
7 (involving unsecured creditor and citing Pioneer Investment Services Co. v. Brunswick
Associates Limited Partnership, 507 U.S. 380 (1993)). Four factors inform the inquiry: “(1) the
danger of prejudice to the receivership, in this case; (2) the length of delay and its potential
impact on the judicial proceedings; (3) the reasons for the delay; and (4) the good faith of the
movant.” DE 1002 at 7 (citing Pioneer).
By definition, excusable neglect includes negligence.

See Cheney v. Anchor Glass

Container Corp., 71 F.3d 848, 850 (11th Cir. 1996) (applying Pioneer factors to relieve party for
counsel’s failure to timely move for de novo review of non-binding arbitration award; negligence
will support relief); Yang v. Bullock Financial Group, Inc., 435 Fed.Appx. 842, 843-44 (11th
Cir. 2011) (reversing district court for failing to consider Pioneer factors; “With respect to
Pioneer's inquiry into the ‘reason for the delay,’ we recognize that untimely filing caused by
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inadvertence, mistake, or carelessness may still constitute ‘excusable neglect.’”) (citing
Advanced Estimating Sys., Inc. v. Riney, 77 F.3d 1322, 1323 (11th Cir.1996), and Cheney).
An inadvertent delay may constitute excusable neglect, which does not require that the
delay result from uncontrollable events. Pioneer, 507 U.S. at 391-92. Rather, the determination
is an equitable one, and the primary factor is whether there is prejudice to the opposing party.
See Cheney, 71 F.3d at 850 (“In Pioneer, the Supreme Court accorded primary importance to the
absence of prejudice to the nonmoving party and to the interest of efficient judicial
administration in determining whether the district court had abused its discretion.”); accord In re
Eagle Bus Mfg. Co., Inc., 62 F.3d 730, 737-38 (5th Cir. 1995) (“Under Pioneer, the central
inquiry is whether the debtor will be prejudiced.”).
If the Receiver did not receive the Fairview POC on time, the failed delivery was
excusable.

BB&T employee Pocisk prepared the Fairview POC before the deadline and

delivered it to Herrick, who was tasked with transmitting it to Lockwood by September 2, 2010.
Herrick certainly intended to do so, as reflected by his email to GR counsel on August 27, 2010
expressing that intent. Because his sent items were not available when BB&T learned of the
claimed non-receipt, we cannot say whether Herrick sent the Fairview POC via email to the
wrong address or omitted to send it, but either way the failed delivery was, at worse, the result of
carelessness, oversight or inadvertence, any of which is sufficient to establish excusable neglect
under Pioneer. See Pioneer, 507 U.S. at 388, 392 (excusable neglect for untimely filings
“encompasses both simple, faultless omissions to act and, more commonly, omissions caused by
carelessness …. Congress plainly contemplated that the courts would be permitted, where
appropriate, to accept late filings caused by inadvertence, mistake, or carelessness, as well as by
intervening circumstances beyond the party's control. [Moreover], “it is clear that ‘excusable
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neglect’ under Rule 6(b) is a somewhat “elastic concept” and is not limited strictly to omissions
caused by circumstances beyond the control of the movant.”) (footnote omitted); Cheney, 71
F.3d at 850 (attorney’s failure timely to file motion for de novo review of arbitration award
constituted excusable neglect resulting from failure in communication between associate and
lead attorney; although error was within their control, “their noncommunication and resulting
inaction amounts only to an ‘omission[ ] caused by carelessness[,]’ [i]n other words, their failure
to comply with the filing deadline is attributable to negligence.”); Avon Contractors, Inc. v.
Secretary of Labor, 372 F.3d 171 (3d Cir. 2004) (receptionist’s failure properly to route mail
causing movant’s failure to provide timely notice of contest to OSHA’s Citations and a Notice of
Penalty, constituted excusable neglect warranting relief under Pioneer).
1.

No Prejudice to Receivership Estate

In considering prejudice, the Court inquiries: (1) whether the Receiver was aware of the
claim; (2) whether honoring the claim would force return of payments or affect distributions; (3)
whether honoring the claim would adversely affect the estate or success of a reorganization; and
(4) whether honoring the claim would open the floodgates to future claims. In re Cable &
Wireless USA, Inc., 338 B.R. 609, 614 (Bankr. D. Del. 2006) (citing In re Inacom Corp., 2004
WL 2283599, at *4 (D. Del. 2004) and In re O'Brien, 188 F.3d 116 at 125–26 (3d Cir. 1999)).
These factors show no prejudice here.
From early 2009-2014, the Receiver reported to the Court and parties in interest BB&T’s
secured claim. The estate sold the Fairview Property, and the lien attached to the net proceeds,
held by the Receiver in a segregated trust account: “On November 21, 2014, the Receiver
received the net amount of $267,720.59 from the sale of the property after payment of
commission and normal closing costs. This amount is being held until a potential dispute with
21
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BB&T is resolved.” Receiver’s Seventeenth Interim Report dated December 17, 2014, DE 1154
at 20. The Receiver’s knowledge of the secured claim before the deadline precludes a finding of
prejudice. See In re Leisure, Inc., 400 B.R. 837, 840 (Bankr. M.D. Fla. 2008) (no prejudice to
debtor from late-filed claim because debtor was aware of potential claim prior to and during
case); In re Smith, 200 B.R. 135, 137 (Bankr. S.D. Miss. 1996) (debtors’ knowledge of claim,
including correspondence with claimant concerning claim, precluded prejudice even if formal
proof of claim was not filed by deadline).
The Receiver has not proposed any distribution plan that includes the net proceeds. No
party in interest has relied on the proceeds being part of any distribution. 17 The Receiver will not
have to seek return of any prior distributions, and there will be no impairment to a reorganization
as this is a liquidation. Honoring the claim will not lead to a floodgate of like claims. 18 See In re
Pappalardo, 210 B.R. 634, 645-46 (no prejudice inured to estate on permitting late-filed claim
because no one had voted on plan and estate’s potential liability to claimant was known to parties
in interest); In re Majorca Isles Master Association, Inc., 2014 WL 1323180, at *3 (Bankr. S.D.
Fla. 2014) (granting relief for late filing; no reorganization plan before court).
BB&T is aware that the Court found estate prejudice in denying the unsecured creditor’s
motion to allow a tardy $700,000 claim. DE 1002 at 8. But the Court reasoned that the Receiver
had already made two distributions to unsecured creditors and had not reserved any funds for the
unsecured claimant with a significant claim amount, and even after the Receiver had

17

In any event, prejudice, if any, to unsecured creditors is not the relevant test under Pioneer.
See In re Eagle Bus Mfg., 62 F.3d 730, 737–39 (5th Cir. 1995); In re Pappalardo, 210 B.R. at
645.
18

We are not aware of any secured creditors in a like position other than WFB.
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recommended denial of the claim in the Claims Determination Motion, the claimant did not
promptly seek relief. Id. at 7-8. By contrast, this is a secured claim, the Receiver has set aside
the funds on which BB&T’s lien remains, and the funds have never been earmarked for
unsecured creditors or general estate expenses. The Claims Determination Motion and order
granting it in part did not include any disposition of the Fairview POC, triggering a duty to
object. BB&T filed this motion promptly as invited by the Receiver in its Motion for Sale and
following our investigation of the issues.
2.

No Impact to Administration of Case

For the same reasons, allowing the Fairview POC poses no threat to the case
administration. From inception, the Receiver reported the estate’s liability to BB&T and lien to
the Court and parties in interest. No one could have reasonably relied on the disposition of funds
being part of general estate assets. As noted, the Receiver is holding the subject funds in trust
and segregated pending the Court’s ruling. This issue will not delay completion of this case;
indeed, the Court has the same issue pending on WFB’s application to submit late secured POCs.
3.

BB&T’s Belief That Fairview POC Was Submitted

BB&T and its counsel believed that the Fairview POC had been timely submitted. From
September 2, 2010 to April 2012, based on information provided to it, BB&T’s management
responsible for the Fairview Loan believed that the Fairview POC had been timely submitted,
BB&T’s rights were perfected, and it would receive the sale proceeds. From January 2011 to
March 2012, GR counsel consistently referred to BB&T’s secured claim in communicating with
the Receiver’s counsel, who never indicated that the Fairview POC had not been timely received.
After the claims bar date, the Receiver reported the estate’s liability to BB&T and its lien interest
in numerous Interim Reports and website advertisements. The Claims Determination Motion did
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not mention or seek any determination on allowability of claim on the Fairview Loan. As soon
as the Receiver’s counsel advised on April 26, 2012 of non-receipt of the Fairview POC, GR
counsel emailed it with supporting documents. There was no delay in curing the non-receipt—
information of which the Receiver was then already long aware.
4.

BB&T Has Always Acted in Good Faith

Pioneer’s “good faith” factor is assessed by “whether the movant intentionally sought
advantage by untimely filing.” Yang, 435 Fed.Appx. at 844 (citing Cheney, 71 F.3d at 850).
There is no such evidence. BB&T intended to comply, timely prepared the Fairview POC, and
the employee tasked with submitting it expressed his intent to do so. In re Pappalardo, 210 B.R.
at 647 (no evidence that creditor acted in bad faith by making strategic decision to delay filing
proof of claim; mere mistake does not amount to bad faith) (and cases cited). BB&T’s failure to
deliver the Fairview POC by September 2, 2010, if true, was inadvertent, unintended and caused
by human error.
CONCLUSION
The Court should allow the Fairview POC and direct the Receiver to turn over the
$267,720.59 net proceeds to BB&T.
LOCAL RULE 3.01(g) CERTIFICATION
Counsel to BB&T has conferred with counsel to Receiver. The Receiver’s counsel
objects to the requested relief.
GARBETT, STIPHANY, ALLEN & ROZA, P.A.
Counsel to BB&T
80 S.W. 8th Street – Suite 3100
Miami, Florida 33130
Telephone: [phone]
Fax: [phone]
David S. Garbett, FBN 356425
24
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Elizabeth B. Dombovary, FBN 891711
Email: [e-mail]
Email: [e-mail]
By: /s/ David S. Garbett_____
David S. Garbett

CERTIFICATE OF SERVICE
I certify that on March 5, 2015 , I electronically filed the foregoing with the Clerk of the
Court using CM/ECF. I also certify that the foregoing document is being served this day on all
counsel of record identified on the below Service List authorized to receive electronic notice via
transmission of Notices of Electronic Filing generated by CM/ECF.
By: /s/ David S. Garbett
SERVICE LIST
Arthur G. Nadel
FCI BUTNER LOW
Federal Correctional Institution
P.O. Box 999
Butner, NC 27509

Terry A. Smiljanich, Esq.
James, Hoyer, Newcomer & Smiljanich,
P.A.
One Urban Centre, Suite 550
4830 W. Kennedy Blvd.
Tampa, FL 33609
Counsel to Receiver, Burton W. Wiand

Gianluca Morello, Esq.
Wiand Guerra King, P.L.
3000 Bayport Drive
Suite 600
Tampa, FL 33607
Counsel for Receiver, Burton W. Wiand

Scott A. Masel, Esq.
Andre J. Zamorano, Esq.
Securities & Exchange Commission
Miami Branch Office, SERO
801 Brickell Ave., Suite 1800
Miami, FL 33131

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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 BB&T’s Motion for Turnover of Sale Proceeds of Fairview
Property Subject to Mortgage Interest (Dkt. 1159), the Receiver’s Opposition (Dkt. 1163),
BB&T’s Reply (Dkt. 1168), and the Receiver’s Sur-reply in Opposition (Dkt. 1169).
Afer careful consideration of the argument of counsel, the applicable law, and the entire
file, the Court concludes that the motion should be denied.
BACKGROUND

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In this equitable receivership proceeding, this Court entered two key orders
pertaining to claims. On April 21, 2010, in granting the Receiver’s “Motion to (1)
Approve Procedure to Administer Claims and Proof of Claim Form, (2) Establish
Deadline for Filing Proofs of Claim, and (3) Permit Notice by Mail and Publication,”1 this
Court established the procedure for filing proofs of claim. The order reads in pertinent
part:
2. Each person or entity that asserts a claim against the
Receivership arising out of or related in any way to the acts,
conduct, or activities of the Receivership Entities must submit
an original, written Proof of Claim, in the form attached to the
motion as Exhibit A, to the Receiver [c/o Maya M.
Lockwood, Esq.], to be received on or before the later of 120
days from the entry of this Order or 90 days from the mailing
of the Proof of Claim Form to known possible Claimants (the
“Claim Bar Date”). Any person or entity that fails to submit a
Proof of Claim to the Receiver on or before the Claim Bar
Date (i.e., fails to take the necessary steps to ensure that the
Proof of Claim is received by the Receiver on or before the
Claim Bar Date), shall be forever barred and precluded from
asserting any claim against the Receivership or Receivership
Entities (as that term is defined in the Motion).2
On March 2, 2012, in granting the Receiver’s “Motion to (1) Approve Determination and
Priority of Claims, (2) Pool Receivership Assets and Liabilities, (3) Approve Plan of
Distribution, and (4) Establish Objection Procedure,”3 this Court ordered in pertinent part:

1

See docket 390 (motion).

2

See docket 391 (order).

3

See docket 675 (motion).

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7) The Proposed Objection Procedure . . . for objections to
the plan of distribution and the Receiver’s claim
determinations and claim priorities is . . . approved, and
any and all objections to claim determinations, claim
priorities, or the plan of distribution shall be presented to the
Receiver in accordance with the Proposed Objection
Procedure . . . ; and
8) To bring finality to these matters and to allow the
Receiver to proceed with distributions of Receivership assets,
any and all further claims against Receivership Entities,
Receivership Property, the Receivership estate, or the
Receiver by any Claimant taxing authority, or any other public
or private person or entity and any and all proceedings or
other efforts to enforce or otherwise collect on any lien, debt,
or other asserted interest in or against Receivership Entities,
Receivership Property, or the Receivership estate are barred
and enjoined absent further order from this Court.4
The claims determination motion did not specifically mention or separate from all claims
the loan on the Fairview Property.5 BB&T did not file an objection to the claim
determination after entry of the March 2012 order.
BB&T contends that it did not realize it had not submitted the proof of claim until
April 26, 2012, when the Receiver, in a letter, informed it that its claim for the Fairview
loan had been forfeited based on the non-receipt of the proof of claim. The letter
informed BB&T that the April 2010 order established the specific process for “all
creditors to submit claims to assets of this Receivership.”6 The letter stated that the

4

See docket 776 (order).

5

See docket 675.

6

See docket 1164-4.

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claims bar date expired on September 2, 2010, and that BB&T had not timely submitted a
claim related to the Fairview Property, despite its filing a claim for the Laurel Preserve
property.7 The Receiver recited the relevant part of the March 2012 order barring and
forever enjoining any further claims against the receivership, and specified that “BB&T is
currently precluded from asserting its claim with respect to the [Fairview Property] and
the mortgage loan relating to that property.” Upon receipt of this letter, BB&T emailed
the proof of claim for the Fairview Property.8
ARGUMENT
BB&T argues it believed in good faith that it had submitted its secured claim by
the September 2, 2010, claims deadline. The employee who allegedly electronically
submitted the proof of claim to the Receiver has not been found, and there is no ability to
confirm that the proof of claim was sent.9 BB&T contends that as a secured creditor it
was not required to submit a proof of claim to protect its lien. Furthermore, the Receiver
knew of the lien since 2009 and, therefore argues BB&T, there was no need to file a
proof of claim, the purpose of which was to impart knowledge of the lien on the Receiver.
Finally, BB&T submits that excusable neglect justifies relief for the untimely filing of the
proof of claim, and the receivership estate suffered no prejudice because the Receiver has

7

The Receiver had received a timely proof of claim from BB&T on another North
Carolina property, Laurel Preserve.
8

See docket 1164-5.

9

See docket 1160, Exh. 1, para. 14 & Exh. 3, paras. 3-7.
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set aside funds from the sale of the Fairview Property with which to satisfy the lien.
Addressing each argument, the Receiver primarily contends that the relief sought is timebarred under Federal Rule of Civil Procedure 60(c)(1).
ANALYSIS
The issue before the Court is whether a secured creditor’s mortgage lien passes
through this equitable receivership unaffected, despite the Receiver’s failure to receive a
proof of claim before the claims deadline of September 2, 2010. The Receiver knew of
the mortgage lien from 2009 to date, as was evidenced by the interim reports noting the
the BB&T loan “of approximately $248,560.62” secured by a mortgage lien. On April
26, 2012, the Receiver informed BB&T that he had not received a proof of claim on the
mortgage encumbering the Fairview Property. While BB&T emailed a copy of the proof
of claim to the Receiver on that date, the issue of the validity of the proof of claim was
not brought before this Court until this motion, which was filed almost three years later.
Rule 60(c)(1) allows one year after the entry of an order for a party to seek to
reopen the order to obtain relief on the basis of mistake, inadvertence, surprise, or
excusable neglect articulated in Rule 60(b)(1). Pioneer Inv. Servs. Co. v. Brunswick
Associated Ltd. P’ship, 507 U.S. 380, 393, 113 S.Ct. 1489, 1497, 123 L.Ed.2d 74 (1993).
The order of March 2, 2012, grants the Receiver’s claims determination motion, which
did not reference the loan on the Fairview Property. The March 2012 order approves the
determination of claims, claim priorities, and the plan of distribution as set forth in the

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claims determination motion. It further sets forth a claims objection procedure. To insure
finality to the plan, the order declares “all further claims . . . and all proceedings or other
effects to . . . otherwise collect on any lien . . . are hereby barred and enjoined. . .”
BB&T did not seek to set aside the March 2012 order within one year, and the Receiver
in a letter disclosed its position one month after the order was entered to the effect that
BB&T was then precluded from asserting its claim with respect to the Fairview Property.
Submissions of excusable neglect may not be considered here because one year elapsed
from the entry of the March 2012 order,10 long before this Court was requested to set
aside the order as to the Fairview Property.
BB&T argues vehemently that this equitable receivership is akin to a bankruptcy
proceeding, which excuses secured creditors from filing a proof of claim in the context of
10

Rule 60 “permits courts to reopen judgment for reasons of ‘mistake, inadvertence,
surprise, or excusable neglect,’ but only on motion made within one year of the judgment.”
Pioneer, 507 U.S. at 393. If this Court were to reach the issue of excusable neglect, however,
BB&T’s burden of proof has not been met. Although there is no indication that BB&T did not
act in good faith, it is evident that prejudice exists to both the victims of the fraud and the
judicial administration of this receivership. See In re Intelligent Med. Imaging, Inc., 262 B.R.
142, 146 (Bankr. S.D.Fla. 2001). Unlike the order in Pioneer, the Court’s order is clear and
unambiguous in the instant case. See In re Bautista, 235 B.R. 678, 683 (Bankr. M.D.Fla.
1999) (distinguishing Pioneer and finding no excusable neglect based on the unambiguous
court orders); In re Norris, 228 B.R. 27, 32 (Bankr. M.D. Fla. 1998) (same). This Court’s
citation to bankruptcy cases does not express an adoption of bankruptcy law to this equitable
receivership, but merely points out that even under bankruptcy principles, there is no excusable
neglect. See this Court’s prior order entered April 25, 2012, at docket 822 at pp. 12-13 and
cases cited therein (“[A]lthough federal district courts presiding over federal equity
receiverships, such as this SEC case, may look for guidance from bankruptcy law, [footnote
omitted] they are not restricted by the dictates of bankruptcy law.”); and this Court’s order
entered on August 29, 2013, at docket 1061 at pp. 7-8, reiterating its ruling at docket 822
(“Any attempted analogy between the significance of a proof of claim under bankruptcy law
with respect to any presumption of its validity and one submitted in the course of this equity
receivership is unavailing.”).

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the Bankruptcy Code and rules promulgated thereunder. See, e.g., In re Bateman, 331
F.3d 821, 827 (11th Cir. 2003); In re Thomas, 883 F.2d 991 (11th Cir. 1989), cert. denied,
497 U.S. 1007, 110 S.Ct. 3245, 111 L.Ed.2d 756 (1990). This Court cannot begin to list,
or even fathom, the intricacies, nuances and differences under the many specific
provisions of the Bankruptcy Code and its rules, in trying to analogize any lack of
requirement that a secured creditor file a proof of claim in any particular bankruptcy case
to the unambiguous order in the present federal equity receivership requiring that
claimants follow a particular procedure or suffer their claims forever barred. The burden
rested on BB&T as a secured creditor to protect its rights pursuant to the framework
clearly set forth in the conduct of this receivership. The claims process procedure did not
contain any language exempting secured creditors from filing a proof of claim.
Consequently, the failure to file a timely proof of claim, or timely submit evidence of
excusable neglect, barred BB&T from enforcing the lien against the sale proceeds by
asserting a claim against the receivership estate.
Finally, BB&T relies on Bankers Trust Co. v. Florida East Coast Ry. Co., 31
F.Supp. 961, 963 (S.D. Fla. 1940), as dispositive of this motion. Because the Bankers
Trust court reasoned that the object of filing a proof of claim was to give a receiver notice
of the existence of a claim, and because the Receiver in this case had notice that the claim
existed since its initial interim reports, BB&T contends that it was exempt from filing a
proof of claim. Bankers Trust is distinguishable on the law and its facts. This Court did

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not act to alter the terms of a statute, as the court did in Bankers Trust. The orders in this
equitable receivership are clear that the claim bar date and subsequent bar and injunction
serve to impose finality, regardless of whether the Receiver had notice that a lien existed.
It is therefore ORDERED AND ADJUDGED that BB&T’s Motion for Turnover
of Sale Proceeds of Fairview Property Subject to Mortgage Interest (Dkt. 1159) is
DENIED. The proceeds from the sale of the Fairview Property may be released to the
receivership estate.
DONE AND ORDERED at Tampa, Florida, on April 15, 2015.

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

Counsel of Record

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
CASE NO.: 8:09-cv-0087-T-26TBM
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
vs.
ARTHUR NADEL, SCOOP CAPITAL,
LLC, SCOOP MANAGEMENT, INC.,
Defendants,
SCOOP REAL ESTATE, L.P.,
VALHALLA INVESTMENT PARTNERS, L.P.,
VALHALLA MANAGEMENT, INC.,
VICTORY FUND, LTD,
VIKING IRA FUND, LLC,
VIKING FUND, LLC, AND
VIKING MANAGEMENT, LLC,
Relief Defendants.
/

BB&T’S NOTICE OF APPEAL
NOTICE IS HEREBY GIVEN that Secured Creditor Branch Banking and Trust
Company (“BB&T”) hereby appeals to the United States Court of Appeals for the Eleventh
Circuit from this Court’s April 15, 2015 order (Dkt. 1174) denying BB&T’s Motion for
Turnover of Sale Proceeds of Fairview Property Subject to Mortgage Interest (“Order”). The
Order is attached hereto as Exhibit A.
Dated: May 12, 2015
GARBETT, STIPHANY, ALLEN & ROZA, P.A.
Counsel to BB&T
80 S.W. 8th Street – Suite 3100

G A R B E T T, S T I P H A N Y, A L L E N & R O Z A , P. A . , AT T O R N E Y S AT L A W
80 SOUTHWEST EIGHTH STREET, SUITE 3100, MIAMI, FLORIDA 33130 • TELEPHONE [phone]

209

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CASE NO.: 8:09-cv-0087-T-26TBM
Brickell City Tower
Miami, Florida 33130
Telephone: [phone]
Fax: [phone]
David S. Garbett, FBN 356425
Elizabeth B. Dombovary, FBN 891711
Email: [e-mail]
Email: [e-mail]
By: /s/ David S. Garbett
David S. Garbett
CERTIFICATE OF SERVICE
I certify that on May 12, 2015, I electronically filed the foregoing with the Clerk of the
Court using CM/ECF. I also certify that the foregoing document is being served this day on all
counsel of record identified on the below Service List authorized to receive electronic notice via
transmission of Notices of Electronic Filing generated by CM/ECF.
By: /s/ David S. Garbett
SERVICE LIST
Arthur G. Nadel
FCI BUTNER LOW
Federal Correctional Institution
P.O. Box 999
Butner, NC 27509

Terry A. Smiljanich, Esq.
James, Hoyer, Newcomer & Smiljanich,
P.A.
One Urban Centre, Suite 550
4830 W. Kennedy Blvd.
Tampa, FL 33609
Counsel to Receiver, Burton W. Wiand

Gianluca Morello, Esq.
Wiand Guerra King, P.L.
3000 Bayport Drive
Suite 600
Tampa, FL 33607
Counsel for Receiver, Burton W. Wiand

Scott A. Masel, Esq.
Andre J. Zamorano, Esq.
Securities & Exchange Commission
Miami Branch Office, SERO
801 Brickell Ave., Suite 1800
Miami, FL 33131

2
G A R B E T T, S T I P H A N Y, A L L E N & R O Z A , P. A . , AT T O R N E Y S AT L A W
80 SOUTHWEST EIGHTH STREET, SUITE 3100, MIAMI, FLORIDA 33130 • TELEPHONE [phone]

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EXHIBIT A
BB&T’S NOTICE OF APPEAL

Securities and Exchange Commission v. Arthur Nadel et al.
U.S. District Court, Middle District of Florida
Case No. 8:09-cv-0087-T-26TBM

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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 BB&T’s Motion for Turnover of Sale Proceeds of Fairview
Property Subject to Mortgage Interest (Dkt. 1159), the Receiver’s Opposition (Dkt. 1163),
BB&T’s Reply (Dkt. 1168), and the Receiver’s Sur-reply in Opposition (Dkt. 1169).
Afer careful consideration of the argument of counsel, the applicable law, and the entire
file, the Court concludes that the motion should be denied.
BACKGROUND

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In this equitable receivership proceeding, this Court entered two key orders
pertaining to claims. On April 21, 2010, in granting the Receiver’s “Motion to (1)
Approve Procedure to Administer Claims and Proof of Claim Form, (2) Establish
Deadline for Filing Proofs of Claim, and (3) Permit Notice by Mail and Publication,”1 this
Court established the procedure for filing proofs of claim. The order reads in pertinent
part:
2. Each person or entity that asserts a claim against the
Receivership arising out of or related in any way to the acts,
conduct, or activities of the Receivership Entities must submit
an original, written Proof of Claim, in the form attached to the
motion as Exhibit A, to the Receiver [c/o Maya M.
Lockwood, Esq.], to be received on or before the later of 120
days from the entry of this Order or 90 days from the mailing
of the Proof of Claim Form to known possible Claimants (the
“Claim Bar Date”). Any person or entity that fails to submit a
Proof of Claim to the Receiver on or before the Claim Bar
Date (i.e., fails to take the necessary steps to ensure that the
Proof of Claim is received by the Receiver on or before the
Claim Bar Date), shall be forever barred and precluded from
asserting any claim against the Receivership or Receivership
Entities (as that term is defined in the Motion).2
On March 2, 2012, in granting the Receiver’s “Motion to (1) Approve Determination and
Priority of Claims, (2) Pool Receivership Assets and Liabilities, (3) Approve Plan of
Distribution, and (4) Establish Objection Procedure,”3 this Court ordered in pertinent part:

1

See docket 390 (motion).

2

See docket 391 (order).

3

See docket 675 (motion).

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7) The Proposed Objection Procedure . . . for objections to
the plan of distribution and the Receiver’s claim
determinations and claim priorities is . . . approved, and
any and all objections to claim determinations, claim
priorities, or the plan of distribution shall be presented to the
Receiver in accordance with the Proposed Objection
Procedure . . . ; and
8) To bring finality to these matters and to allow the
Receiver to proceed with distributions of Receivership assets,
any and all further claims against Receivership Entities,
Receivership Property, the Receivership estate, or the
Receiver by any Claimant taxing authority, or any other public
or private person or entity and any and all proceedings or
other efforts to enforce or otherwise collect on any lien, debt,
or other asserted interest in or against Receivership Entities,
Receivership Property, or the Receivership estate are barred
and enjoined absent further order from this Court.4
The claims determination motion did not specifically mention or separate from all claims
the loan on the Fairview Property.5 BB&T did not file an objection to the claim
determination after entry of the March 2012 order.
BB&T contends that it did not realize it had not submitted the proof of claim until
April 26, 2012, when the Receiver, in a letter, informed it that its claim for the Fairview
loan had been forfeited based on the non-receipt of the proof of claim. The letter
informed BB&T that the April 2010 order established the specific process for “all
creditors to submit claims to assets of this Receivership.”6 The letter stated that the

4

See docket 776 (order).

5

See docket 675.

6

See docket 1164-4.

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claims bar date expired on September 2, 2010, and that BB&T had not timely submitted a
claim related to the Fairview Property, despite its filing a claim for the Laurel Preserve
property.7 The Receiver recited the relevant part of the March 2012 order barring and
forever enjoining any further claims against the receivership, and specified that “BB&T is
currently precluded from asserting its claim with respect to the [Fairview Property] and
the mortgage loan relating to that property.” Upon receipt of this letter, BB&T emailed
the proof of claim for the Fairview Property.8
ARGUMENT
BB&T argues it believed in good faith that it had submitted its secured claim by
the September 2, 2010, claims deadline. The employee who allegedly electronically
submitted the proof of claim to the Receiver has not been found, and there is no ability to
confirm that the proof of claim was sent.9 BB&T contends that as a secured creditor it
was not required to submit a proof of claim to protect its lien. Furthermore, the Receiver
knew of the lien since 2009 and, therefore argues BB&T, there was no need to file a
proof of claim, the purpose of which was to impart knowledge of the lien on the Receiver.
Finally, BB&T submits that excusable neglect justifies relief for the untimely filing of the
proof of claim, and the receivership estate suffered no prejudice because the Receiver has

7

The Receiver had received a timely proof of claim from BB&T on another North
Carolina property, Laurel Preserve.
8

See docket 1164-5.

9

See docket 1160, Exh. 1, para. 14 & Exh. 3, paras. 3-7.
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set aside funds from the sale of the Fairview Property with which to satisfy the lien.
Addressing each argument, the Receiver primarily contends that the relief sought is timebarred under Federal Rule of Civil Procedure 60(c)(1).
ANALYSIS
The issue before the Court is whether a secured creditor’s mortgage lien passes
through this equitable receivership unaffected, despite the Receiver’s failure to receive a
proof of claim before the claims deadline of September 2, 2010. The Receiver knew of
the mortgage lien from 2009 to date, as was evidenced by the interim reports noting the
the BB&T loan “of approximately $248,560.62” secured by a mortgage lien. On April
26, 2012, the Receiver informed BB&T that he had not received a proof of claim on the
mortgage encumbering the Fairview Property. While BB&T emailed a copy of the proof
of claim to the Receiver on that date, the issue of the validity of the proof of claim was
not brought before this Court until this motion, which was filed almost three years later.
Rule 60(c)(1) allows one year after the entry of an order for a party to seek to
reopen the order to obtain relief on the basis of mistake, inadvertence, surprise, or
excusable neglect articulated in Rule 60(b)(1). Pioneer Inv. Servs. Co. v. Brunswick
Associated Ltd. P’ship, 507 U.S. 380, 393, 113 S.Ct. 1489, 1497, 123 L.Ed.2d 74 (1993).
The order of March 2, 2012, grants the Receiver’s claims determination motion, which
did not reference the loan on the Fairview Property. The March 2012 order approves the
determination of claims, claim priorities, and the plan of distribution as set forth in the

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claims determination motion. It further sets forth a claims objection procedure. To insure
finality to the plan, the order declares “all further claims . . . and all proceedings or other
effects to . . . otherwise collect on any lien . . . are hereby barred and enjoined. . .”
BB&T did not seek to set aside the March 2012 order within one year, and the Receiver
in a letter disclosed its position one month after the order was entered to the effect that
BB&T was then precluded from asserting its claim with respect to the Fairview Property.
Submissions of excusable neglect may not be considered here because one year elapsed
from the entry of the March 2012 order,10 long before this Court was requested to set
aside the order as to the Fairview Property.
BB&T argues vehemently that this equitable receivership is akin to a bankruptcy
proceeding, which excuses secured creditors from filing a proof of claim in the context of
10

Rule 60 “permits courts to reopen judgment for reasons of ‘mistake, inadvertence,
surprise, or excusable neglect,’ but only on motion made within one year of the judgment.”
Pioneer, 507 U.S. at 393. If this Court were to reach the issue of excusable neglect, however,
BB&T’s burden of proof has not been met. Although there is no indication that BB&T did not
act in good faith, it is evident that prejudice exists to both the victims of the fraud and the
judicial administration of this receivership. See In re Intelligent Med. Imaging, Inc., 262 B.R.
142, 146 (Bankr. S.D.Fla. 2001). Unlike the order in Pioneer, the Court’s order is clear and
unambiguous in the instant case. See In re Bautista, 235 B.R. 678, 683 (Bankr. M.D.Fla.
1999) (distinguishing Pioneer and finding no excusable neglect based on the unambiguous
court orders); In re Norris, 228 B.R. 27, 32 (Bankr. M.D. Fla. 1998) (same). This Court’s
citation to bankruptcy cases does not express an adoption of bankruptcy law to this equitable
receivership, but merely points out that even under bankruptcy principles, there is no excusable
neglect. See this Court’s prior order entered April 25, 2012, at docket 822 at pp. 12-13 and
cases cited therein (“[A]lthough federal district courts presiding over federal equity
receiverships, such as this SEC case, may look for guidance from bankruptcy law, [footnote
omitted] they are not restricted by the dictates of bankruptcy law.”); and this Court’s order
entered on August 29, 2013, at docket 1061 at pp. 7-8, reiterating its ruling at docket 822
(“Any attempted analogy between the significance of a proof of claim under bankruptcy law
with respect to any presumption of its validity and one submitted in the course of this equity
receivership is unavailing.”).

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the Bankruptcy Code and rules promulgated thereunder. See, e.g., In re Bateman, 331
F.3d 821, 827 (11th Cir. 2003); In re Thomas, 883 F.2d 991 (11th Cir. 1989), cert. denied,
497 U.S. 1007, 110 S.Ct. 3245, 111 L.Ed.2d 756 (1990). This Court cannot begin to list,
or even fathom, the intricacies, nuances and differences under the many specific
provisions of the Bankruptcy Code and its rules, in trying to analogize any lack of
requirement that a secured creditor file a proof of claim in any particular bankruptcy case
to the unambiguous order in the present federal equity receivership requiring that
claimants follow a particular procedure or suffer their claims forever barred. The burden
rested on BB&T as a secured creditor to protect its rights pursuant to the framework
clearly set forth in the conduct of this receivership. The claims process procedure did not
contain any language exempting secured creditors from filing a proof of claim.
Consequently, the failure to file a timely proof of claim, or timely submit evidence of
excusable neglect, barred BB&T from enforcing the lien against the sale proceeds by
asserting a claim against the receivership estate.
Finally, BB&T relies on Bankers Trust Co. v. Florida East Coast Ry. Co., 31
F.Supp. 961, 963 (S.D. Fla. 1940), as dispositive of this motion. Because the Bankers
Trust court reasoned that the object of filing a proof of claim was to give a receiver notice
of the existence of a claim, and because the Receiver in this case had notice that the claim
existed since its initial interim reports, BB&T contends that it was exempt from filing a
proof of claim. Bankers Trust is distinguishable on the law and its facts. This Court did

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not act to alter the terms of a statute, as the court did in Bankers Trust. The orders in this
equitable receivership are clear that the claim bar date and subsequent bar and injunction
serve to impose finality, regardless of whether the Receiver had notice that a lien existed.
It is therefore ORDERED AND ADJUDGED that BB&T’s Motion for Turnover
of Sale Proceeds of Fairview Property Subject to Mortgage Interest (Dkt. 1159) is
DENIED. The proceeds from the sale of the Fairview Property may be released to the
receivership estate.
DONE AND ORDERED at Tampa, Florida, on April 15, 2015.

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

Counsel of Record

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