Securities and Exchange Commission v. Nadel et al

Filing 1203

ORDER ATTACHED granting 1202 Receiver's Motion for Permission to Prosecute Appeal. Signed by Judge Richard A. Lazzara on 9/29/2015. (CCB)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. CASE NO: 8:09-cv-87-T-26TBM ARTHUR NADEL; SCOOP CAPITAL, LLC; and SCOOP MANAGEMENT, INC., Defendants, SCOOP REAL ESTATE, L.P.; VALHALLA INVESTMENT PARTNERS, L.P.; VALHALLA MANAGEMENT, INC.; VICTORY IRA FUND, LTD.; VICTORY FUND, LTD.; VIKING IRA FUND, LLC; VIKING FUND, LLC; and VIKING MANAGEMENT, LLC, Relief Defendants. / ORDER UPON DUE AND CAREFUL CONSIDERATION of the procedural history of this case, including a close and careful review of the Receiver’s Motion for Permission to Prosecute Appeal and the attached exhibits denominated A through D (Dkt. 1202),1 as well as the Eleventh Circuit Court of Appeals decision in Blasland, Bouck & Lee, Inc. v. City of N. Miami, 283 F.3d 1286 (11th Cir. 2002), it is ORDERED AND ADJUDGED that the motion is granted. The 1 2015). Exhibit A is reported at Wiand v. Dancing $, LLC, 2015 WL 3866998 (M.D. Fla. Receiver is authorized to pursue an appeal from the order entered in case number 8:10-cv-92-T17MAP on June 23, 2015, at docket 150. In the Court’s view, the appeal presents a significant issue with regard to the date an award of prejudgment interest should be made in what is commonly referred to as a “clawback” case. DONE AND ORDERED at Tampa, Florida, on September 29, 2015. s/Richard A. Lazzara RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Counsel of Record -2-

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