Securities and Exchange Commission v. Nadel et al

Filing 1204

ORDER ATTACHED granting 1199 Receiver's Motion to Overrule Objection to Determination of Claim Number 469. Signed by Judge Richard A. Lazzara on 10/1/2015. (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, together with the Receiver’s written submission and attachments, it is ORDERED AND ADJUDGED that the Receiver’s Motion to Overrule Objection to Determination of Claim Number 469 (Dkt. 1199) is granted for the reasons stated in the motion, that is, (1) the Claimant, MMG Bank & Trust, Ltd., failed to comply with the claims procedures and deadlines promulgated by this Court, and the information belatedly supplied in its objection did not cure the deficiency, and (2) the Investor, OW Dragoon, was a sophisticated investment firm and thus either had inquiry or actual notice of Mr. Nadel’s fraud. DONE AND ORDERED at Tampa, Florida, on October 1, 2015. s/Richard A. Lazzara RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Counsel of Record -2-

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