Securities and Exchange Commission v. Nadel et al

Filing 1225

COUNSEL NOTIFIED TO REFILE USING CORRECT EVENT CODE UNDER APPEAL DOCUMENTS NOTICE by Wells Fargo Bank, N.A. of Appeal (Attachments: # 1 Exhibit A)(Wirth, Steven) Modified on 3/3/2016 (BSN).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.
ARTHUR NADEL,
SCOOP CAPITAL, LLC,
SCOOP MANAGEMENT, INC.,
Defendants,

CASE NO.: 8:09-00087-T-26TBM

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.
_______________________________________________/
NOTICE OF APPEAL
NOTICE IS GIVEN that Wells Fargo Bank, N.A. ("Wells Fargo"), a non-party
creditor holding security interests in properties subject to this receivership, for itself and as
loan servicer for Bank of America, N.A., who also holds security interests in property subject
to this receivership, appeals to the United States Court of Appeals for the Eleventh Circuit
from the Order of this Court Granting the Receiver's Motion (I) for Determination that Wells
Fargo Bank, N.A.'s Failure to Comply with this Court's Claims Administration Process
Extinguished its Purported Interests in Receivership Properties, and (II) for Release of

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Proceeds of Sale of Sarasota Property ("Order"). [Doc. 1222] Wells Fargo appeals in its
capacities as both holder of its own security interests and as servicer for Bank of America,
N.A.
The Order is appealable pursuant to 28 U.S.C. § 1291 and the doctrine of practical
finality because it finally determines the right to immediate possession of property and will
cause irreparable harm to non-party Wells Fargo if the Order cannot be appealed until after a
final order terminating this receivership. See In re F.D.R. Hickory House, Inc., 60 F.3d 724,
726-27 (11th Cir. 1995) (doctrine of practical finality allows immediate appeals of orders
which decide the right to the property in contest or direct immediate payment); Ortho Pharm.
Corp. v. Sona Distrib., 847 F.2d 1512, 1516-17 (11th Cir. 1988) (finding doctrine of practical
finality allows immediate appeal by non-party of order requiring payment of monetary
sanctions). The Order is attached hereto as Exhibit A.
Dated: March 2, 2016

Respectfully submitted,
AKERMAN LLP
/s/ Steven R. Wirth
L. Joseph Shaheen, Jr.
Florida Bar No.: 212385
Email: [e-mail]
Steven R. Wirth
Florida Bar No.: 170380
Email: [e-mail]
401 East Jackson Street, Suite 1700
Tampa, Florida 33602
Telephone: [phone]
Facsimile: [phone]
Counsel for Wells Fargo Bank, N.A.

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via
electronic service upon all CM/ECF parties on this 2nd day of March, 2016.
/s/Steven R. Wirth
Attorney

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