Securities and Exchange Commission v. Nadel et al

Filing 1228

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 1226 Notice of appeal. (KMM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
Sam M. Gibbons U.S. Courthouse
Office of the Clerk
801 North Florida Avenue
Tampa, FL 33602
[phone]
www.flmd.uscourts.gov
Sheryl L. Loesch
Clerk

Keshia M. Jones
Tampa Division Manager

DATE: March 4, 2016
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. Please
acknowledge receipt on the enclosed copy of this letter.


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



Appeal filing fee was paid. Copy of receipt transmitted to USCA on 3/4/16.



Certified copy of Notice of Appeal, docket entries, judgment and/or Order appealed from
SHERYL L. LOESCH, CLERK
By:

s/K. M., Deputy Clerk

-2-

APPEAL, SL DOC, STAYED, TRLSET

U.S. District Court
Middle District of Florida (Tampa)
CIVIL DOCKET FOR CASE #: 8:09−cv−00087−RAL−TBM

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
11th Circuit, 15−12097−A
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

1

Anita M. Cream
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

2

Intervenor Plaintiff
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

3

Intervenor Plaintiff
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

4

Intervenor Plaintiff
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 Law Group
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

5

Viking Management, LLC
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

Intervenor

8

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 LLP
Ste 1200
420 S Orange Ave
Orlando, FL 32801
407/423−4000
Fax: 407/843−6610
Email: [e-mail]
TERMINATED: 05/16/2012
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael A. Nardella
Nardella &Nardella, PLLC
250 E. Colonial Drive Suite 102
Orlando, FL 32801
407/540−6600
Fax: 407/540−6601
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Thomas R. Yaegers
Akerman Senterfitt
420 S Orange Ave − Ste 1200
PO Box 231
Orlando, FL 32802

9

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
YMCA Foundation of Sarasota, Inc.

represented by Carol Ann Kalish
Williams, Parker, Harrison, Dietz &Getzen
200 S Orange Ave

10

Sarasota, FL 34236
941/366−4800
Fax: 941/954−3172
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Interested Party
Vernon M. Lee
TERMINATED: 07/21/2014

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
500 E Kennedy Blvd Ste 200
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
500 E Kennedy Blvd Ste 200
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

Interested Party
Samuel Ross Morgan III

11

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 33607−5716
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
TERMINATED: 10/23/2012

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

Interested Party

12

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
ATTORNEY TO BE NOTICED

Interested Party

13

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
ATTORNEY TO BE NOTICED

Interested Party

14

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

Interested Party
Ami Marie Formica

represented by

15

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
Email: [e-mail]
LEAD ATTORNEY

16

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
401 E Jackson St Ste 2400
Tampa, FL 33602−5236
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 33609−1007
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
Fax: 813/397−2310
Email: [e-mail]

17

LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Maya M. Lockwood
Wiand Guerra King, PL
5505 W Gray St
Tampa, FL 33609−1007
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
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
401 E Jackson St Ste 2400
Tampa, FL 33602−5236
813−222−2083
Fax: 813−384−2814
Email: [e-mail]

18

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
Bush Ross, PA
1801 N Highland Ave
PO Box 3913

19

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 Patton Boggs (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
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

20

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
Movant
Tyna Gaylor
11811 Lakewood Lane

21

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
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
Paul Downey
5718 Lago Villaggio Way
Naples, FL 34104
TERMINATED: 09/04/2013

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

22

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

#

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

Page 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 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)

23

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)

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,

24

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 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)

25

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 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)

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

26

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: 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

27

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)

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)

28

03/06/2009

63

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

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)

29

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. (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

30

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 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

31

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: 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

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)

32

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

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

33

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)

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

34

Exhibit D − Home Front 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. (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)

35

(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)

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

36

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)

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, #

37

11 Exhibit K, part 1 of 2 − Fowler White (Receivership), # 12 Exhibit K,
part 2 of 2 − Fowler White (Receivership), # 13 Exhibit L − 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
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)

38

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

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)

39

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 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 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

40

− 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)

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)

41

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)

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

42

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)

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
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

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)

11/24/2009

43

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

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

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)

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)

44

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

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)

45

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
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

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

46

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 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:

47

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

48

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)

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

49

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)

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.

50

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: 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) (Entered: 01/21/2010)

51

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 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)

52

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 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.

53

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 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)

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)

54

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. (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

55

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) (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

56

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 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, # 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

57

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

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

05/20/2010

400

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

58

(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 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:

59

06/16/2010)
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)

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

60

(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 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)

61

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 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)

62

08/09/2010

453

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

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.

63

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 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

64

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)

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)

65

09/16/2010

489

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

66

(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)

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

67

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. 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

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.

68

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
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

69

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)

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

70

W. Wiand. (Attachments: # 1 Exhibit A − Executed Settlement
Agreement)(Lamont, Michael) (Entered: 12/02/2010)
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 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)

71

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, 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

72

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

12/10/2010

572

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)

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 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 −

73

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. 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)

74

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. (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

75

County, Mississippi 38801 by Burton W. Wiand. (Attachments: # 1 Exhibit
1 − Proposed Order, # 2 Exhibit 2 − Agreement)(Morello, Gianluca)
(Entered: 02/18/2011)
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 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

76

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. (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

77

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, 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,
# 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)

78

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

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

79

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

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

80

Receivership−Recovery from Investors, # 6 Exhibit 6−Scoop
Receivership−Recovery of Assets from N. 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 − 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)

81

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)

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)

82

(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 − 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 Assets And Liabilities, (3) Approve Plan Of Distribution,

83

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
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

84

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 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

85

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)

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
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

86

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)

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)

87

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 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

88

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 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

***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)

89

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. 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)

90

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 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
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)

91

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 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)

92

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 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

93

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
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

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

94

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 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

95

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
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)

96

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 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

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

97

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 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

98

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

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

99

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)

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)

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

100

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

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

101

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 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

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)

05/22/2012

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

102

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
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. (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

103

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 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

104

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, 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

105

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 &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)

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)

106

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: 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)

107

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 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)

10/25/2012

930

Unopposed MOTION for miscellaneous relief, specifically for leave to pay
arbitrators' hourly fees directly from Receivership Estate by Burton W.

108

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 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)

109

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)

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

110

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, # 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)

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)

111

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
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)

112

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 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

113

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 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)

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

114

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 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.

115

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)

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)

116

05/07/2013

1012

MOTION for Settlement re: Dominique Schmidt and Caroline Schwab by
Burton W. Wiand. (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: 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,

117

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)

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

118

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. 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: 07/15/2013)

07/16/2013

1040

119

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

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)

120

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 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

121

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)

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 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

122

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.
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

123

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) (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

124

RWJ Group, LLC, # 21 Exhibit 20−Yip Associates, # 22 Exhibit 21−EIM
Consulting, LLC, # 23 Exhibit 22−The Taylor Law Offices, PC, # 24
Exhibit 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)

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)

125

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:
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)

126

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, 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: 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,

127

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 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

128

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. 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

129

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 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
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,

130

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 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)

131

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 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: 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:

132

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

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)

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

133

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

ORDER ATTACHED denying 1159 Motion for Release of Funds.
Signed by Judge Richard A. Lazzara on 4/15/2015. (CCB) (Entered:
04/15/2015)

04/15/2015

1175

Unopposed Amended MOTION for Approval of Sale of Real Property
Located in Sarasota, Sarasota County, Florida by Burton W. Wiand.
(Attachments: # 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

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)

05/13/2015

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) (Entered: 05/13/2015)

05/13/2015

USCA appeal fees received $ 505 receipt number tpa30129 re 1178 Notice
of appeal filed by Branch Banking &Trust Co. Successor to Colonial Bank
NA (ARC) (Entered: 05/13/2015)

134

05/14/2015

TRANSMITTAL to USCA forwarding Receipt for appeal filing fee re
1178 Notice of interlocutory appeal USCA number: unknown. (KMB)
(Entered: 05/14/2015)

06/03/2015

1180

TRANSCRIPT information form filed by Branch Banking &Trust Co.
Successor to Colonial Bank NA re 1178 Notice of appeal. USCA number:
15−12097−A. (Dombovary, Elizabeth) (Entered: 06/03/2015)

06/04/2015

1181

STATUS report The Receiver's Eighteenth Interim Report (11/1/14 −
4/30/15) 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: 06/04/2015)

06/12/2015

1182

MOTION for Settlement re: Brian L. Meeker, as trustee of the Brian L.
Meeker Trust by Burton W. Wiand. (Attachments: # 1 Exhibit A −
Executed Settlement Agreement)(Lamont, Michael) (Entered: 06/12/2015)

06/12/2015

1183

ORDER ATTACHED granting 1182 Receiver's Motion for Settlement
with Brian L. Meeker, individually and as trustee of Brian L. Meeker
Trust, and associated with Case No. 8:10−cv−166−T−17MAP. Signed
by Judge Richard A. Lazzara on 6/12/2015. (CCB) (Entered:
06/12/2015)

07/27/2015

1184

Unopposed MOTION for Settlement in Burton W. Wiand, as Receiver v.
Rowe, et al. by Burton W. Wiand. (Attachments: # 1 Exhibit 1 −
Agreement Relating to Payment of Judgment)(Lamont, Michael) (Entered:
07/27/2015)

07/27/2015

1185

ORDER ATTACHED granting 1184 the Receiver's Motion for
Settlement with Donald Rowe, individually and as trustee of the Wall
Street Digest Pension Plan, Joyce Rowe, and Carnegie Asset
Management, and associated with Case No. 8:10−cv−245−T−17MAP.
Signed by Judge Richard A. Lazzara on 7/27/2015. (CCB) (Entered:
07/27/2015)

07/28/2015

1186

Unopposed MOTION for Settlement re: Branch Banking and Trust
Company (BBby Burton W. Wiand. (Attachments: # 1 Exhibit A)(Morello,
Gianluca) (Entered: 07/28/2015)

07/28/2015

1187

ORDER ATTACHED granting 1186 the Receiver's Motion for
Settlement with Branch Bank and Trust Company. Signed by Judge
Richard A. Lazzara on 7/28/2015. (CCB) (Entered: 07/28/2015)

08/04/2015

1188

Unopposed MOTION for miscellaneous relief, specifically for Possession
of Certain Bank Accounts Controlled by Arthur Nadel and Partial
Modification of Asset Freeze by Burton W. Wiand. (Attachments: # 1
Exhibit A − Proposed Order)(Morello, Gianluca) .(KMM) (Entered:
08/04/2015)

08/04/2015

1189

ORDER granting 1188 Motion specifically for Possession of Certain
Bank Accounts Controlled by Arthur Nadel and Partial Modification
of Asset Freeze by Burton W. Wiand. Signed by Judge Richard A.
Lazzara on 8/4/2015. (SKH) (Entered: 08/04/2015)

08/12/2015

1190

135

MOTION for miscellaneous relief, specifically Motion to Overrule
Objections to Claims 403, 404, 405, 406, 407, 408, and 477 by Burton W.
Wiand. (Morello, Gianluca) (Entered: 08/12/2015)
08/12/2015

1191

DECLARATION of Gianluca Morello re 1190 MOTION for miscellaneous
relief, specifically Motion to Overrule Objections to Claims 403, 404, 405,
406, 407, 408, and 477 by Burton W. Wiand. (Attachments: # 1 Exhibit A,
# 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Morello,
Gianluca) (Entered: 08/12/2015)

08/12/2015

1192

Declaration of M. Yip by Burton W. Wiand re 1190 MOTION for
miscellaneous relief, specifically Motion to Overrule Objections to Claims
403, 404, 405, 406, 407, 408, and 477 Notice of Filing Declaration of
Maria Yip (Attachments: # 1 Exhibit M. Yip Declaration, # 2 Exhibit Ex. 1
to M. Yip Declaration, # 3 Exhibit Ex. 2 to M. Yip Declaration, # 4 Exhibit
Ex. 3 to M. Yip Declaration, # 5 Exhibit Ex. 4 to M. Yip Declaration, # 6
Exhibit Ex. 5 to M. Yip Declaration, # 7 Exhibit Ex. 6 to M. Yip
Declaration, # 8 Exhibit Ex. 7 to M. Yip Declaration, # 9 Exhibit Ex. 8 to
M. Yip Declaration, # 10 Exhibit Ex. 9 to M. Yip Declaration, # 11 Exhibit
Ex. 10−1 to M. Yip Declaration, # 12 Exhibit Ex. 10−2 to M. Yip
Declaration, # 13 Exhibit Ex. 11 to M. Yip Declaration, # 14 Exhibit Ex. 12
to M. Yip Declaration, # 15 Exhibit Ex. 13 to M. Yip Declaration, # 16
Exhibit Ex. 14 to M. Yip Declaration, # 17 Exhibit Ex. 15 to M. Yip
Declaration, # 18 Exhibit Ex. 16 to M. Yip Declaration, # 19 Exhibit Ex. 17
to M. Yip Declaration, # 20 Exhibit Ex. 18 to M. Yip Declaration, # 21
Exhibit Ex. 19 to M. Yip Declaration, # 22 Exhibit Ex. 20 to M. Yip
Declaration, # 23 Exhibit Ex. 21 to M. Yip Declaration, # 24 Exhibit Ex. 22
to M. Yip Declaration, # 25 Exhibit Ex. 23 to M. Yip Declaration, # 26
Exhibit Ex. 24 to M. Yip Declaration, # 27 Exhibit Ex. 25 to M. Yip
Declaration, # 28 Exhibit Ex. 26 to M. Yip Declaration, # 29 Exhibit Ex. 27
to M. Yip Declaration, # 30 Exhibit Ex. 28 to M. Yip Declaration, # 31
Exhibit Ex. 29 to M. Yip Declaration, # 32 Exhibit Ex. 30 to M. Yip
Declaration, # 33 Exhibit Ex. 31 to M. Yip Declaration, # 34 Exhibit Ex. 32
to M. Yip Declaration, # 35 Exhibit Ex. 33 to M. Yip Declaration, # 36
Exhibit Ex. 34 to M. Yip Declaration, # 37 Exhibit Ex. 35 to M. Yip
Declaration, # 38 Exhibit Ex. 36 to M. Yip Declaration, # 39 Exhibit Ex. 37
to M. Yip Declaration, # 40 Exhibit Ex. 38 to M. Yip Declaration, # 41
Exhibit Ex. 39 to M. Yip Declaration, # 42 Exhibit Ex. 40 to M. Yip
Declaration, # 43 Exhibit Ex. 41 to M. Yip Declaration, # 44 Exhibit Ex. 42
to M. Yip Declaration, # 45 Exhibit Ex. 43 to M. Yip Declaration, # 46
Exhibit Ex. 44 to M. Yip Declaration, # 47 Exhibit Ex. 45 to M. Yip
Declaration, # 48 Exhibit Ex. 46 to M. Yip Declaration, # 49 Exhibit Ex. 47
to M. Yip Declaration, # 50 Exhibit Ex. 48 to M. Yip Declaration, # 51
Exhibit Ex. 49 to M. Yip Declaration, # 52 Exhibit Ex. 50 to M. Yip
Declaration, # 53 Exhibit Ex. 51 to M. Yip Declaration, # 54 Exhibit Ex. 52
to M. Yip Declaration, # 55 Exhibit Ex. 53 to M. Yip Declaration, # 56
Exhibit Ex. 54 to M. Yip Declaration, # 57 Exhibit Ex. 55 to M. Yip
Declaration, # 58 Exhibit Ex. 56 to M. Yip Declaration, # 59 Exhibit Ex. 57
to M. Yip Declaration, # 60 Exhibit Ex. 58 to M. Yip Declaration, # 61
Exhibit Ex. 59 to M. Yip Declaration, # 62 Exhibit Ex. 60 to M. Yip
Declaration, # 63 Exhibit Ex. 61 to M. Yip Declaration)(Morello, Gianluca)
Modified on 8/12/2015 (KMM). (Entered: 08/12/2015)

136

08/19/2015

1193

ORDER of USCA: Motion to dismiss case with prejudice filed by
Appellant Branch Banking &Trust Co. Successor to Colonial Bank NA is
GRANTED. [7547898−2] Parties are to bear their own costs and attorneys'
fees as to 1178 Notice of appeal filed by Branch Banking &Trust Co.
Successor to Colonial Bank NA. EOD: 8/19/15; USCA number:
15−12097−AA. (JNB) (Entered: 08/19/2015)

08/27/2015

1194

ORDER granting 1190 Motion to Overrule Objections to Claims.
Signed by Judge Richard A. Lazzara on 8/27/2015. (SKH) (Entered:
08/27/2015)

08/28/2015

1195

Pro Se RESPONSE to Motion re 1190 MOTION for miscellaneous relief,
specifically Motion to Overrule Objections to Claims 403, 404, 405, 406,
407, 408, and 477 filed by Chester Vincentz. (KMM) (Entered:
08/28/2015)

08/28/2015

1196

Nineteenth Interim Motion for Order Awarding Fees, Costs, and
Reimbursement of Costs to Receiver and His Professionals (November 1,
2014 through April 30, 2015) by Burton W. Wiand. (Attachments: # 1
Exhibit 1 − Standardized Fund Accounting Report, # 2 Exhibit 2 − The
Receiver's Eighteenth Interim Report, # 3 Exhibit 3 − Prior Interim
Motions for Orders Awarding Fees, # 4 Exhibit 4 − Scoop
Receivership−Representation of Scoop Receivership, # 5 Exhibit 5 − Scoop
Receivership−Recovery from Investors, # 6 Exhibit 6 − Scoop
Receivership−Recovery of Commissions, # 7 Exhibit 7 − Scoop
Receivership−Quest Energy Management Group, Inc., # 8 Exhibit 8 −
Scoop Receivership−Appeal of R. Schneiderman, et al., # 9 Exhibit 9 −
Categorization and Summary of all WGK Costs, # 10 Exhibit 10 −
Attorney Fee Schedule, # 11 Exhibit 11 − Scoop Legal Team−Scoop
Capital, LLC Receivership, # 12 Exhibit 12 − Scoop Legal
Team−Recovery from Investors, # 13 Exhibit 13 − Scoop Legal
Team−Recovery of Assets from N. and C. Moody, # 14 Exhibit 14 − Scoop
Legal Team−Recovery of Commissions, # 15 Exhibit 15 − James, Hoyer,
Newcomer &Smiljanich, P.A., # 16 Exhibit 16 − James, Hoyer, Newcomer
&Smiljanich, P.A. re appeal, # 17 Exhibit 17 − Scoop Legal Team−Quest
Energy Management Group, Inc., # 18 Exhibit 18 − Scoop Legal
Team−Appeal of R. Schneiderman, et al., # 19 Exhibit 19 − PDR Certified
Public Accountants, # 20 Exhibit 20 − E−Hounds, Inc., # 21 Exhibit 21 −
The RWJ Group, LLC, # 22 Exhibit 22 − Yip Associates, # 23 Exhibit 23 −
Brannock &Humphries, # 24 Exhibit 24 − Scott Douglass &McConnico
LLP, # 25 Exhibit 25 − Law Office of D. Harris and Law Office of A.
Anderson, # 26 Exhibit 26 − Proposed Order)(Morello, Gianluca) Modified
text on 8/28/2015 (KMM). (Entered: 08/28/2015)

09/02/2015

1197

RESPONSE to Motion re 1190 MOTION for miscellaneous relief,
specifically Motion to Overrule Objections to Claims 403, 404, 405, 406,
407, 408, and 477 filed by Chester Vincentz. (KMM) (Entered:
09/02/2015)

09/02/2015

1198

ORDER ATTACHED accepting docket 1195 as a timely filed response
and concluding that Claimants' objections should remain overruled.
Signed by Judge Richard A. Lazzara on 9/2/2015. (CCB) (Entered:
09/02/2015)

137

09/14/2015

Mail returned as Undeliverable re: 1185 Order on Motion for Settlement.
Unable to forward mail to Donald Rowe. (KMM) (Entered: 09/14/2015)

09/15/2015

1199

MOTION for miscellaneous relief, specifically Overrule Objection to
Determination of Claim Number 469 filed by MMG Bank by Burton W.
Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Morello,
Gianluca) (Entered: 09/15/2015)

09/16/2015

1200

NOTICE Of filing Amended Certificate of Service as to by Burton W.
Wiand re 1199 MOTION for miscellaneous relief, specifically Overrule
Objection to Determination of Claim Number 469 filed by MMG Bank
(Morello, Gianluca) Modified on 9/17/2015 (BSN). (Entered: 09/16/2015)

09/18/2015

1201

ORDER granting 1196 Unopposed Receiver's Nineteenth Interim
Motion for Order Awarding Fees, Costs, and Reimbursement of Costs
to Receiver and his Professionals. Signed by Judge Richard A. Lazzara
on 9/18/2015. (SKH) (Entered: 09/18/2015)

09/28/2015

1202

Unopposed MOTION for miscellaneous relief, specifically Permission to
Prosecute Appeal by Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Morello, Gianluca) (Entered:
09/28/2015)

09/29/2015

1203

ORDER ATTACHED granting 1202 Receiver's Motion for Permission
to Prosecute Appeal. Signed by Judge Richard A. Lazzara on
9/29/2015. (CCB) (Entered: 09/29/2015)

10/01/2015

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) (Entered: 10/01/2015)

11/06/2015

1205

NOTICE of Appearance by Martin Garcia on behalf of La Bellasara
Condominium Association, Inc. (Garcia, Martin) (Entered: 11/06/2015)

11/06/2015

1206

Consent MOTION to Substitute Attorney by La Bellasara Condominium
Association, Inc.. (Attachments: # 1 Exhibit)(Garcia, Martin) (Entered:
11/06/2015)

11/06/2015

1207

ENDORSED ORDER granting 1206 Motion to Substitute Attorney
Martin Garcia for La Bellasara Condominium. Attorney Hunter
Wyman Carroll terminated. The clerk is directed to effectuate the
substitution. Signed by Judge Richard A. Lazzara on 11/6/2015. (CCB)
(Entered: 11/06/2015)

12/04/2015

1208

STATUS report The Receiver's Nineteenth Interim Report (5/1/15 −
10/31/15) 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:
12/04/2015)

12/07/2015

1209

142 MOTION for miscellaneous relief, specifically 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 by Burton W. Wiand. (Keefe, Sean) (Entered:
12/07/2015)

138

12/07/2015

1210

DECLARATION of Burton W. Wiand, as Receiver re 1209 MOTION for
miscellaneous relief, specifically 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 by Burton
W. Wiand. (Attachments: # 1 Exhibit Laurel Preserve Loan Invoice, # 2
Exhibit Letter from Wells Fargo Bank, N.A.)(Keefe, Sean) (Entered:
12/07/2015)

12/11/2015

1211

Unopposed MOTION for Attorney Fees (Twentieth Motion) by Burton W.
Wiand. (Attachments: # 1 Exhibit Standardized Fund Accounting Report, #
2 Exhibit Rec's 19th Interim Report, # 3 Exhibit Prior Listing of Interim
Motions, # 4 Exhibit Representation of Scoop Receivership, # 5 Exhibit
Recovery from Investors, # 6 Exhibit Recovery of Assets from N. and C.
Moody, # 7 Exhibit Recovery of Commissions, # 8 Exhibit Quest Energy
Management Group, Inc., # 9 Exhibit Appeal of R. Schneiderman, et al, #
10 Exhibit Categorization and Summary of all WGK Costs, # 11 Exhibit
Attorney Fee Schedule, # 12 Exhibit Scoop Capital, LLC Receivership, #
13 Exhibit Recovery from Investors, # 14 Exhibit Recovery of Assets from
N. and C. Moody, # 15 Exhibit Recovery of Commissions, # 16 Exhibit
James Hoyer Newcomer &Smiljanich PA, # 17 Exhibit James Hoyer
Newcomer &Smiljanich PA re appeal, # 18 Exhibit Quest Energy
Management Group, Inc., # 19 Exhibit Appeal of R. Schneiderman, et al, #
20 Exhibit PDR Certified Public Accountants, # 21 Exhibit E−Hounds,
Inc., # 22 Exhibit The RWJ Group, Inc., # 23 Exhibit Yip Associates, # 24
Exhibit Brannock &Humphries, # 25 Exhibit Scott Douglass McConnico, #
26 Exhibit Stichter Riedel Blain &Postler PA, # 27 Exhibit Law Office of
D. Harris and Law Office of A. Anderson, # 28 Exhibit FedReceiver, # 29
Exhibit Proposed Order)(Morello, Gianluca) (Entered: 12/11/2015)

12/11/2015

1212

Unopposed MOTION for miscellaneous relief, specifically to approve fifth
interim distribution by Burton W. Wiand. (Attachments: # 1 Exhibit
Distribution Schedule, # 2 Exhibit Reserves, # 3 Exhibit Proposed
Order)(Morello, Gianluca) (Entered: 12/11/2015)

12/15/2015

1213

ORDER granting 1212 Unopposed MOTION for miscellaneous relief,
specifically to approve fifth interim distribution by Burton W. Wiand.
Signed by Judge Richard A. Lazzara on 12/15/2015. (SKH) (Entered:
12/15/2015)

12/22/2015

1214

NOTICE of unavailability of counsel by Wells Fargo Bank, N.A. from
December 23, 2015 to January 7, 2016. (Shaheen, Louis) (Entered:
12/22/2015)

12/22/2015

1215

NOTICE of unavailability of counsel by Wells Fargo Bank, N.A. from
December 23, 2015 to January 7, 2016. (Wirth, Steven) (Entered:
12/22/2015)

12/23/2015

1216

RESPONSE in Opposition re 1209 MOTION for miscellaneous relief,
specifically 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 for Release of Proceeds
of Sale of Sarasota Property filed by Wells Fargo Bank, N.A.. (Wirth,
Steven) (Entered: 12/23/2015)

139

12/23/2015

1217

REQUEST for oral argument re 1216 Response in Opposition to Motion
for Determination that Wells Fargo Bank, N.A.'s Failure to Comply with
this Court's Claims Administration Process Extinguished its Purported
Interest In Receivership Properties, and for Release of Proceeds of Sale of
Sarasota Property by Wells Fargo Bank, N.A.. (Wirth, Steven) (Entered:
12/23/2015)

12/28/2015

1218

ORDER granting 1211 Unopposed Receiver's Twentieth Interim
Motion for Order Awarding Fees, Costs, and Reimbursement of Costs
to Receiver and his Professionals. Signed by Judge Richard A. Lazzara
on 12/28/2015. (SKH) (Entered: 12/28/2015)

12/28/2015

1219

ENDORSED ORDER directing the Receiver Burton W. Wiand to
REPLY to Response in Opposition re 1209 Motion to determine that
Wells Fargo Bank's failure to comply with this Court's Claims
Administration Process extinguished its purported interests in
receivership properties and for lease of proceeds of sale of Sarasota
property. Reply due by 1/11/2016. Signed by Judge Richard A.
Lazzara on 12/28/2015. (SKH) (Entered: 12/28/2015)

01/08/2016

1220

NOTICE of unavailability of counsel by Wells Fargo Bank, N.A. from
January 22, 2016 to through January 29, 2016. (Wirth, Steven) (Entered:
01/08/2016)

01/11/2016

1221

REPLY to Response to Motion re 1209 MOTION for miscellaneous relief,
specifically 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 filed by Burton W. Wiand.
(Keefe, Sean) (Entered: 01/11/2016)

02/02/2016

1222

168 ORDER ATTACHED granting 1209 Receiver's Motion Determination
that Wells Fargo's Failure to Comply with this Court's Claims
Administration Process Extinguished Interests, as set forth in the
attached order. Signed by Judge Richard A. Lazzara on 2/2/2016.
(CCB) (Entered: 02/02/2016)

02/18/2016

1223

Pro−Se MOTION for miscellaneous relief, specifically to utilize CM/ECF
by Paul Downey. (Attachment # 1 Mailing Envelope) (KMM) (Entered:
02/18/2016)

02/18/2016

1224

ORDER denying without prejudice 1223 Pro−Se Motion for
miscellaneous relief, specifically to utilize CM/ECF by Paul Downey.
Mr. Downey may resubmit his request with a detailed explanation as
to why he needs to access this case through the CM/ECF system.
Signed by Judge Richard A. Lazzara on 2/18/2016. (SKH) (Entered:
02/18/2016)

03/02/2016

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). (Entered: 03/02/2016)

03/03/2016

1226

178 NOTICE OF APPEAL as to 1222 Order on Motion for Miscellaneous
Relief by Wells Fargo Bank, N.A.. Filing fee not paid. (Attachments: # 1
Exhibit A)(Wirth, Steven) (Entered: 03/03/2016)

140

03/03/2016

1227

TRANSCRIPT information form filed by Wells Fargo Bank, N.A. re 1226
Notice of appeal. (Wirth, Steven) (Entered: 03/03/2016)

03/03/2016

195 USCA appeal fees received $ 505 receipt number tpa35272 re 1226 Notice
of appeal filed by Wells Fargo Bank, N.A. (ARC) (Entered: 03/03/2016)

03/04/2016

191 TRANSMITTAL to USCA forwarding copy of docket entry re: receipt for
appeal filing fee re 1226 Notice of appeal USCA number: unknown.
(KMM) (Entered: 03/04/2016)

141

Case 8:09-cv-00087-RAL-TBM Document 1209 Filed 12/07/15 Page 1 of 26 PageID 25270

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-cv-0087-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.
/
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
PROCEEDS OF SALE OF SARASOTA PROPERTY.
Burton W. Wiand, as Receiver (the “Receiver”), for Valhalla Investment Partners,
L.P. (“Valhalla Investment”); Viking Fund, LLC (“Viking Fund”); Viking IRA Fund,
LLC, (“Viking IRA Fund”); Victory Fund, Ltd. (“Victory Fund”); Victory IRA Fund,
Ltd. (“Victory IRA Fund”); and Scoop Real Estate, LP (“Scoop Real Estate”)
(collectively, the “Hedge Funds”) respectfully files this Motion (I) For Determination that

142

Case 8:09-cv-00087-RAL-TBM Document 1209 Filed 12/07/15 Page 2 of 26 PageID 25271

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 Proceeds of Sale of Sarasota Property (“Motion”).1
In relevant part, Wells Fargo Bank, N.A.2 (“Wells Fargo” or “the Bank”)
identifies itself as follows: (1) a second priority secured lender with respect to the
approximately 420 acres held by the Receiver in Buncombe and McDowell counties,
North Carolina (“Laurel Mountain Property”) and (2) a loan servicer on a first priority
secured loan held by Bank of America (“BoA”) and a second priority secured lender on
former Receivership property located at 464 Golden Gate Point, Unit 703, Sarasota,
Florida (the “Sarasota Property”) (collectively, “the Properties”). The Receiver sold the
Sarasota Property (See Docs. 1175 and 1177) and any interests Wells Fargo had in it were
transferred to the proceeds of the sale until resolution by the Court. The Laurel Mountain
Property currently remains an asset of the Receivership. This Motion relates to these
Properties and loans.
Wells Fargo never submitted a claim related to either of the Properties. As
demonstrated below, in April 2011—months after this Court’s Claims Bar Date—the
Receiver provided the Bank an opportunity to submit a belated Proof of Claim, and that if
it believed there were circumstances justifying its failure to submit a timely claim, the

1

 The parties previously briefed this matter (see Docs. 740, 755, 762) but the Court deferred ruling pending
resolution of Wiand v. Wells Fargo Bank, N.A., et al Case No. 8:12-cv-557 (M.D. Fla.) (See Doc. 955).
That matter is pending before the Eleventh Circuit Court of Appeals on the Receiver’s appeal of summary
judgment in favor of Wells Fargo. (See Burton Wiand v. Wells Fargo Bank N.A., Case No. 15-10968-CC
(11th Cir.)). However, the Receiver respectfully believes that in light of opinions recently issued by this
Court barring purported secured and unsecured creditors who failed to timely file proofs of claim from
recovering from the Receivership Estate, the result of the Receiver’s appeal will not impact the narrow
range of procedural arguments relevant to this Motion. Consequently, the Receiver submits that these
limited issues are now ripe for adjudication. 
2
 Wells Fargo Bank, N.A. is successor-in-interest to Wachovia Bank, N.A.  

2 

143

Case 8:09-cv-00087-RAL-TBM Document 1209 Filed 12/07/15 Page 3 of 26 PageID 25272

Receiver would consider them.

Wells Fargo refused to respond to the Receiver’s

instructions. Instead, the Bank moved for a determination by this Court that the filing of
proofs of claim is not necessary to preserve secured creditors’ state law security interests
in, and claims against, collateral in the Receiver’s possession, or in the alternative, leave
to file late claims pursuant to Federal Rule of Civil Procedure 60(b) (“Motion for
Determination”) (Doc. 740).
Wells Fargo’s obstinacy on this matter has frustrated the Receiver’s attempts to
dispose of the Properties. Although the Court previously deferred ruling on the Motion
for Determination, the pending appeal of the Receiver’s case against Wells Fargo will not
impact the arguments for denial made in this motion. Accordingly, the Receiver brings
this Motion to resolve some outstanding issues so that he can proceed with selling and
distributing Receivership assets to move closer towards winding down the Receivership.
Of specific relevance, this Court has already held that secured creditors like Wells
Fargo must file timely proof of claim forms in compliance with the claims administration
process to preserve their claims, just as unsecured creditors must. As such, Wells Fargo’s
status as a secured creditor does not excuse its failure to file timely proof of claims forms.
Additionally, the Bank is not entitled to any relief under Rule 60(b) because its request
was untimely and it did not meet its burden of establishing “excusable neglect.”
Accordingly, the Receiver respectfully requests entry of an order granting this Motion3.
CHRONOLOGY OF RELEVANT DATES

3

 Wells Fargo has yet to file claims related to the Properties. As such, the Receiver’s arguments articulated
herein pertain exclusively to the procedural relief sought by the Bank (see Doc. 740). Should this Court
allow Wells Fargo to file belated claims, or determine that, as a secured creditor, it did not need to file
claims, the Receiver reserves his right to approve or reject such claims on their merits. So as to preserve
Receivership assets, the Receiver is not addressing the merits of any of Wells Fargo’s claims at this stage. 

3 

144

Case 8:09-cv-00087-RAL-TBM Document 1209 Filed 12/07/15 Page 4 of 26 PageID 25273

Wells Fargo alleges it was not on notice of the claims administration process and
that its failure to  timely file proof of claims was the result of “excusable neglect.” (See,
e.g., Docs. 690, 740, 762). Below is a chronology of dates relevant to these assertions.
Feb. 11, 2009
Feb. 13, 2009

Mar. 9, 2009

Mar. 17, 2009

Mar. 25, 2009

Apr. 8, 2009
June 9, 2009

June 10, 2009
June 26, 2009
July 22, 2009
Jan. 28, 2010
Jan. 29, 2010

Feb. 1, 2010

Feb. 4, 2010
Feb. 25, 2010

Order expanding Receivership to include Laurel Preserve, LLC,
entity holding title to Laurel Mountain Property. (Doc. 44)
Orders appointing Receiver and expanding Receivership to include
Laurel Preserve, LLC filed in Buncombe County, N.C., where part
of Laurel Mountain Property is located. (Doc. 713, ¶8).
Receiver sends letter to Wells Fargo Legal Group identifying
Laurel Preserve, LLC as Receivership Entity and enclosing copy of
Order expanding the Receivership to include Laurel Preserve, LLC.
(Doc. 713-5).
Wachovia’s counsel sends letter to Receiver advising that
Wachovia issued mortgage to Laurel Preserve and that loan is in
default. (Doc. 713-6).
Order of Preliminary Injunction and Order expanding Receivership
to include Laurel Preserve, LLC filed in McDowell County, N.C.,
where part of Laurel Mountain Property is located. (Doc. 713,
¶12).
Order of Preliminary Injunction filed in Buncombe County, N.C.
(Doc. 713, ¶9).
Wells Fargo’s counsel emails Receiver regarding his marketing of
Laurel Mountain and advising that Wells Fargo issued mortgage
related to the property. (Doc. 713-7, p.5).
Receiver files Order Reappointing Receiver in W. D. of North
Carolina, where Buncombe County is located. (Doc. 713-1).
Wells Fargo’s counsel emails Receiver advising the Bank wants to
have appraisal performed of Laurel Mountain. (Doc. 713-7, p.9).
Receiver emails Wells Fargo’s counsel to provide update regarding
marketing Laurel Mountain (Doc. 713-7, p.11).
Order granting Receiver possession of and title to Sarasota
Property. (Doc. 327).
Receiver mails copy of Notice of Filing to counsel for both BoA
and Wells Fargo. This notice includes: (a) Order appointing
Receiver; (b) Order of Preliminary Injunction; and (c) Order
granting Receiver title to Sarasota Property. (Doc. 756-3).
Receiver files Notice of Filing in foreclosure action styled Bank of
America, National Association v. Neil Moody, et al. Case No. 2009
CA 017517 NC (12th Cir. Fla.). (Doc. 756-2).
Receiver emails Wells Fargo’s counsel to set conference call to
discuss Laurel Mountain. (Doc. 713-7, p.16).
Order granting Receiver title to Sarasota Property is recorded in

4 

145

Case 8:09-cv-00087-RAL-TBM Document 1209 Filed 12/07/15 Page 5 of 26 PageID 25274

Apr. 21, 2010

June 4, 2010
Sept. 2, 2010
Sept. 2, 2010
Oct. 28, 2010

Nov. 2, 2010

Nov. 22, 2010

Dec. 30, 2010

Jan. 26, 2011

Feb. 17, 2011

Apr. 5, 2011

July 21, 2011

Official Records of Sarasota County, Florida. (Doc. 756-1).
Order granting Receiver’s motion to approve procedure to
administer claims and proof of claim forms and to establish
deadline for filing proof of claims. (Doc. 391)
Receiver mails claim packets to BoA and Wells Fargo. (Docs. 71310; 756-5).
Claims Bar Deadline.
Wells Fargo timely files its Claim Form for Rite-Aid Property, but
does not file claim form for either of the Properties. (Doc. 713-11).
Receiver emails counsel for BoA and Wells Fargo reiterating that
Receiver has possession of Sarasota Property and requesting both
provide itemized payoff figures. Only Wells Fargo responds.
(Doc. 756-6).
Receiver again emails BoA and Wells Fargo’s counsel requesting
BoA’s itemized payoff figure. BoA responds that it will provide
the requested information. (Doc. 756-8).
Wells Fargo sends a letter to Receiver informing that it possesses
loan payoff information but needed borrower’s authorization.
(Doc. 756-9).
Wells Fargo confirms to Receiver’s counsel that it is servicer on
first mortgage loan, currently assigned to BoA, and that it
originated second mortgage in amount of $880,000 on May 23,
2006. Letter additionally states that Wells Fargo will not negotiate
fees or costs with Receiver. (Doc. 756-10).
Receiver again informs Wells Fargo that Sarasota Property is part
of Receivership Estate and that Wells Fargo is prohibited from
interfering with Receiver’s possession of the Property. (Doc. 75611).
Wells Fargo sends Receiver a Beneficiary’s Demand Statement
related to Sarasota Property which provided details of all fees and
costs. (Doc. 756-12).
Receiver sends Wells Fargo letter advising that claims bar date
expired, but that it is free to submit a claim with an explanation for
its failure to timely file. (Doc. 713-8).
Findings of Fact and Conclusion of Law and Order Vacating
Easement entered in Wiand v. Carolina Mtn. Land Conservancy,
Case No. 8:09-cv-2443-T-27BM (M.D. Fla. May 24, 2011) filed in
Buncombe County. (Doc. 713-2).
BACKGROUND

On April 21, 2010, the Court granted the Receiver’s motion to, in relevant part,
approve a procedure to administer claims and proof of claim forms (“POCs”) and to

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establish a deadline for filing POCs. (Doc. 391.) The Order directed that each “entity
that asserts a claim against the Receivership arising out of or related in any way to the
acts, conduct, or activities of Receivership Entities must submit an original, written Proof
of Claim ... 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 ...” (“Claim Bar Date”).

Order ¶ 2 (emphasis in original).

Further, it

explained that any “entity that fails to submit a Proof of Claim ... on or before the Claim
Bar Date ... shall be forever barred and precluded from asserting any claim against the
Receivership or Receivership Entities ....” Id.
In accordance with the procedures adopted by the Court, the Receiver provided
notice to every potential claimant by mailing a claim packet consisting of a cover letter, a
Notice of Deadline Requiring Filing Of Proofs Of Claims On Or Before September 2,
2010 (“Claim Bar Date Notice”), and a Proof of Claim form. (Doc. 713-10.) The cover
letter explained that, “[m]ost importantly, to have your claim considered, you MUST
submit a completed and signed Proof of Claim form ... that provides responses to all of
the questions in the Proof of Claim form, so that it is received on or before September
2, 2010 at the address provided in the Proof of Claim Form and Notice.” Id. Similarly,
the Claim Bar Date Notice explained that “the Court entered an order (the “Claim Bar
Date Order”) establishing September 2, 2010 (the “Claim Bar Date”) as the last date
for each person or entity ... to file a Proof of Claim against the Receivership Entities.”
Claim Bar Date Notice at 2-3. It also explained that “[i]f you think that you may have a
claim, you MUST file a Proof of Claim to share in distributions from the Receivership
Estate.” Id. at 3. It added that,

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If you were not an investor, but believe you are or may be a creditor of
one o[r] of the Receivership Entities, you must provide to the Receiver by
the Claim Bar Date (1) the amount you contend you are owed from any
Receivership Entity; (2) any amounts received from any Receivership
Entity; and (3) legible copies of all documents on which you base your
claim (i.e., all invoices for services or goods provided, loan documents,
etc.) or, if any such documents are not available, a detailed explanation as
to why any such documents are not available.
Id. at 4. Finally, the Claim Bar Date Notice warned as follows:
4.
CONSEQUENCES OF FAILURE TO FILE A PROOF OF
CLAIM BY THE BAR DATE
ANY HOLDER OF A CLAIM OR POTENTIAL CLAIM THAT
FAILS TO FILE A PROOF OF CLAIM ... BY THE CLAIM BAR DATE
WILL BE FOREVER BARRED, ESTOPPED, AND ENJOINED FROM
ASSERTING SUCH CLAIM AGAINST THE RECEIVERSHIP
ENTITIES ... THEIR RESPECTIVE PROPERTY, THE RECEIVER, OR
THE RECEIVERSHIP ESTATE, AND FROM PARTICIPATING IN
ANY DISTRIBUTION FROM THIS RECEIVERSHIP.
Id. at 5 (emphasis in original). The Proof of Claim form itself explained that “to be
eligible to receive a distribution from the Receivership Entities’ assets, you must
complete and return this Proof of Claim form and, if applicable, provide the requested
documentation, so that it is received on or before September 2, 2010 ....” Id. at 10. It
adds that, “IF THIS COMPLETED FORM, SIGNED UNDER PENALTY OF
PERJURY, IS NOT RECEIVED BY THE RECEIVER ... BY SEPTEMBER 2, 2010,
YOU WILL BE FOREVER BARRED FROM ASSERTING ANY CLAIM AGAINST
THE RECEIVERSHIP ENTITIES’ ASSETS AND YOU WILL NOT BE ELIGIBLE TO
RECEIVE ANY DISTRIBUTIONS FROM THE RECEIVER.” Id.(emphasis in original).
Wells Fargo Had Proper Notice Of Its Need To File A Claim Relating To Its
Purported Interest In Laurel Mountain. Wells Fargo has been on notice of this
Receivership, of the Laurel Mountain Property’s association with the Receivership, of the

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requirement of filing a claim and of the Claim Bar Date for years. Wells Fargo received
the claim packet and understood its contents as demonstrated by its timely filing of a preprinted Proof of Claim form mailed by the Receiver. (Doc. 712 at 9; Doc. 713 ¶ 24).
That claim, however, related only to its loan purportedly secured by real property
generally referred to in this Receivership as the “Rite Aid Property”, and not to either of
the Properties. (See, e.g., Docs. 713-11, 713-12). The Receiver informed Wells Fargo of
this Receivership shortly after it started (Doc. 690-2) and of Laurel Preserve, LLC’s (the
record owner of the Laurel Mountain Property) inclusion in the Receivership on March 9,
2009—less than a month after it was included in the Receivership (Doc. 713-5). On
March 17, 2009, counsel for Wells Fargo informed the Receiver of its security interest in
the Laurel Mountain Property (Doc. 713-6), and communications between Wells Fargo
and the Receivership relating to that property continued (Doc. 713-7). Further, on June 4,
2010, the Receiver mailed a claim packet to Wells Fargo that specifically identified
Laurel Preserve as a Receivership entity and, as detailed above, clearly explained the
claims process and consequences of not filing a timely claim. (Doc. 713-10).
Notably, on April 5, 2011, the Receiver’s counsel informed Wells Fargo’s counsel
in writing that the Claim Bar Date had expired in September 2010, and added that if
“[Wells Fargo] believes there are circumstances that justify its failure to file a Proof of
Claim, it remains free to submit one and an explanation for the delay and any other
materials or information which it deems appropriate.” (Doc. 713-8). That letter also
explained that if Wells Fargo did not file a claim, “then its interest will not be considered
by the Receiver, and the Court….” Id. Despite the Receiver’s invitation, Wells Fargo
did not respond or file a claim.

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Wells Fargo Had Proper Notice Of Its Need To File A Claim Relating To The
Sarasota Property. Similarly, both Wells Fargo (the servicer on one relevant loan and
holder of a second relevant loan) and BoA (the holder of the relevant loan serviced by
Wells Fargo) received timely notice relating to the Sarasota Property and both had notice
of this property’s inclusion in this Receivership before the Claim Bar Date. The Court
approved this property’s inclusion in the Receivership on January 28, 2010 (the “Sarasota
Property Order””) (Doc. 327). BoA had initiated a foreclosure proceeding and the case
was pending at that time. (See Doc. 324 at 2, 10.). On February 1, 2010, the Receiver
filed in the foreclosure proceeding a notice of filing accompanied by the Sarasota
Property Order, the Order Appointing Receiver, the Order of Preliminary Injunction and
Other Relief as to Defendants Scoop Capital, LLC and Scoop Management, Inc. and All
Relief Defendants, and an Order Reappointing Receiver. (Doc. 756-2). He also served a
copy of this notice and orders on BoA’s and Wells Fargo’s attorneys in the foreclosure
case on January 29, 2010. (Doc. 756-3, 4). On February 25, 2010, a copy of the Sarasota
Property Order was recorded in the Sarasota County public records. (Doc. 756-1).
As previously noted, the Receiver then mailed to Wells Fargo a claims packet on
June 4, 2010, which Wells Fargo received and understood. A claim packet was also
mailed to BoA on June 4, 2010. (Doc. 756-5). After the Claim Bar Date, the Receiver’s
representatives continued to communicate with BoA’s and Wells Fargo’s respective
outside counsel that were handling the Sarasota Property and internal employees about
the Receivership and its control over that property. In those communications, it is evident
the banks and their representatives were aware the Sarasota Property was part of the
Receivership. (Doc. 756-6,7,8). Nevertheless, neither bank filed a claim relating to either

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of the loans purportedly secured by the Sarasota Property.
ARGUMENT
Though it was on notice of its obligation to file POCs, Wells Fargo chose not to
file POCs relating in any way to the Properties. Instead, months after the Claims Bar
Date, it filed its Motion for Determination. Notably, Wells Fargo has the burden of proof
on its Motion and its purported claims regarding the Properties. (See Doc. 675 at 82
(“The Claimant shall have the burden of proof.”)); (Doc. 776 (approving procedures set
forth in Doc. 675)).
As argued below, the Motion for Determination should be denied because this
Court has already held that secured creditors were required to comply with this Court’s
order governing the claims administration process, just like unsecured creditors. Wells
Fargo failed to do this and its status as a purported secured creditor did not relieve it of its
obligation to comply with this Court’s process. Additionally, the Bank is not entitled to
relief under Federal Rule of Civil Procedure 60(b) as a matter of law for two independent
reasons: first, because it did not seek relief within the one-year period set forth in the rule,
and second, because even if it had complied with that deadline, it did not satisfy the
substantive requirements for relief under Rule 60(b).
I.

THE COURT HAS ALREADY HELD IN THIS RECEIVERSHIP THAT
SECURED CREDITORS MUST TIMELY FILE PROOFS OF CLAIMS TO
BE ENTITLED TO PROCEEDS FROM THE RECEIVERSHIP ESTATE.
It is axiomatic that any person or entity with a claim against a receivership estate

must assert that claim in the court overseeing the receivership, or it will be precluded
from later pursuing its claims. See Callahan v. Moneta Capital Corp., 415 F.3d 114, 11718 (1st Cir. 2005) (potential claimants that did not submit their claims by bar date lacked

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“standing to object to the adjudication of a pending claim in the Claims Disposition
Order”); SEC v. Princeton Econ. Int’l Ltd., 2008 WL 7826694, *4 (S.D.N.Y. 2008) (“All
persons or entities with a claim that failed to file a proof of claim prior to the Bar Date
and were not excused from filing a proof of claim under the Plan are forever barred,
estopped, and permanently enjoined.”).
Nevertheless, Wells Fargo did not file any claims relating to the Properties and
argued it did not have to because it is a secured creditor. However, the Court established
an unambiguous claims process here with specific filing requirements and deadlines. (See
Docs. 390, 391). Critically, Wells Fargo complied with those deadlines with respect to
the Rite Aid Property, but did not comply with them with respect to the Properties in
spite of receiving notice of its responsibilities. Thus, the Bank’s own actions are
inconsistent with its position that no POC was necessary to preserve its purported secured
claims.
This Court has already held in this Receivership that the requirement of filing
timely claims applies to everyone, including secured creditors. Most recently,  Branch
Banking and Trust Company (“BB&T”) filed a motion substantively identical to Wells
Fargo’s Motion for Determination.

Specifically, BB&T moved for turnover of the

proceeds from the sale of real property in which it had a secured interest. Like Wells
Fargo here, BB&T failed to submit a timely claim despite having received notice, and
argued that its status as a secured creditor exempted it from having to file a claim.
This Court rejected BB&T’s argument. Significantly, this Court explained that
the order outlining the claims process in this Receivership was “unambiguous” and
clearly required “that claimants follow a particular procedure or suffer their claims

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forever barred.” (Doc. 1174 at p.7). Noting the inapplicability of the Bankruptcy Code
and its rules to federal equity receiverships, the Court found that the burden rests on the
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.” Id. As such, BB&T’s failure
to timely file a POC barred it from enforcing any interest it may have had in the sale
proceeds. Id.
The Court also has refused to recognize other purported creditors’ late claims
because they, like Wells Fargo, failed to comply with the claims procedures and
deadlines promulgated in this case. For example, on March 1, 2013, investor Elendow
LLC (“Ellendow”) filed a Motion To Modify Order Disallowing Claim, asking “the
Court [to] reconsider that portion of its March 2, 2012 Order disallowing Elendow’s latefiled claim (Docket No. 776) and enter a new order allowing Elendow to participate in
distributions to victims of Nadel’s schemes.” (Doc. 980 at 2). In opposing the motion,
the Receiver explained Elendow’s many failures to comply with pertinent deadlines: (1)
Elendow missed the September 2, 2010, deadline to file a Proof of Claim form by almost
a month; (2) the Receiver then allowed Elendow the opportunity to explain the reasons
for missing the deadline, but it did not timely respond to the Receiver’s letter; (3) after
the Court denied Elendow’s claim, Elendow never submitted an objection although the
objection deadline was March 28, 2012; and (4) instead, Elendow waited almost one year
and filed its Motion seeking relief under Rule 60(b), which relief is only granted in
extraordinary circumstances. (Doc. 990 at 1). Even after “[g]iving Elendow the benefit
of the doubt” regarding contested facts, the Court denied its motion. (Doc. 1002 at 10; see

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also Doc. 1204 (Order granting Receiver’s Motion to Overrule Objection to
Determination of Claim of MMG Bank & Trust, Ltd., because it “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.”)).
Based on this precedent and other applicable cases, the Court should reach the
same result here. Every creditor claiming an interest in Receivership property, whether
the interest is secured or unsecured, unequivocally was required to file a timely claim
with the Receiver to preserve its interests for adjudication by this Court. Riehle v.
Margolies, 279 U.S. 218, 224 (1929) (“Of course, no one can obtain any part of the
assets, or enforce a right to specific property in the possession of a receiver, except upon
application to the court which appointed him.”); see Ralph E. Clark, Clark on Receivers
§ 646 at 1132 (3d ed. 1992) (“Every person who has any claim or demand against the
estate or property in the custody of the court through the receiver, ... must assert such
claim or demand in the court in which such receiver was appointed.”). For efficiency and
finality, courts overseeing receiverships typically establish a claims process, require
submission of claim forms, and set pertinent deadlines. See Riehle, 279 U.S. at 224 (“[I]n
the receivership proof of the claim [must] be made in an orderly way, so that it may be
established who the creditors are and the amounts due them.”). To achieve finality, courts
also set a claim bar date and disallow late-filed claims. See S.E.C. v. Princeton Econ. Int’l
Ltd., 2008 WL 7826694, *4 (S.D.N.Y. 2008) (entering bar date); Callahan v. Moneta
Capital Corp., 415 F.3d 114, 117-18 (1st Cir. 2005) (potential claimants that did not
submit claims by bar date lacked “standing to object to the adjudication of a pending
claim in the Claims Disposition Order”).

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Not a single receivership case supports Wells Fargo’s position that secured
creditors do not have to comply with the Court’s claims process. Instead, the Bank relies
exclusively on the Bankruptcy Code and its corresponding cases to support its argument.
The Court has previously dispatched these cases in finding that the bankruptcy opinions
do not control this federal equity receivership. (See Doc 822 at pp. 12-13 “[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.”)); (see also Doc 1061 at pp. 7-8 (“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.”)). The Court’s reasoning is correct and there is copious
authority supporting the Court’s analytical distinction. See, e.g., S.E.C. v. TLC Inv. &
Trade Co., 147 F. Supp. 2d 1031, 1039 (C.D. Ca. 2001) (“Therefore, balancing the
Applicants’ position against the need to protect and marshal the assets of the
Receivership estate, protect defrauded and innocent investors, and judicial economy, the
Court DENIES the Applicants’ request to require the Receiver to follow all aspects of the
bankruptcy code.”); S.E.C. v. Sunwest Mgmt., Inc., 2009 WL 3245879, *8 (D. Or. 2009)
(“Federal equity receivership courts are not required to exercise bankruptcy powers nor to
strictly apply bankruptcy law.”); S.E.C. v. Heartland Group, Inc., 2003 WL 1089366, *1
n.1 (N.D. Ill. 2003) (rejecting argument that “receivership actions are different from other
forms of litigation and are more akin to bankruptcy court proceedings”); S.E.C. v. Capital
Consultants LLC, 453 F.3d 1166, 1170 n.4 (9th Cir. 2006)(“Although similarities
between receivership and bankruptcy proceedings certainly exist, differences exist as

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well.”); Marion v. TDI, Inc., 2006 WL 3742747, *2 (E.D. Pa. 2006)(“a bankruptcy
proceeding differs significantly from an equity receivership imposed at the request of a
government agency such as the SEC.”).
Here, the Court’s claims process procedures did not exempt secured creditors
from timely filing claims to preserve their interests in Receivership property. As
demonstrated above, the Bank was given proper notice of its need to file POCs for the
Laurel Preserve and Sarasota Properties. Moreover, Wells Fargo indisputably knew about
the claims process (and its applicability to both secured and unsecured creditors) because
it filed a POC with respect to the Rite Aid Property, and it received correspondence from
the Receiver regarding that claim. This Court has now held that secured creditors were
required to timely file POCs. Wells Fargo failed to do this and is precluded from
asserting its claims with respect to the Properties. See S.E.C. v. Morriss, 2014 WL
585395, *3 (E.D. Mo. 2014) (nonparty who failed to filed a claim by the claim bar date
“ha[d] forfeited his rights to either claim or object to a distribution ....”); S.E.C. v.
Aquacell Batteries, Inc., 2009 WL 1854671, *1 (M.D. Fla. 2009) (disallowing claim filed
after the claim bar date).

Accordingly, the Court should find that Wells Fargo’s

purported interests are extinguished.
II.

WELLS FARGO’S REQUEST FOR RELIEF TO FILE UNTIMELY
CLAIMS UNDER FEDERAL RULE OF CIVIL PROCEDURE 60(b)
SHOULD BE DENIED
Wells Fargo also argues that its failure to timely file POCs regarding the

Properties should be excused under the exceptions in Federal Rule of Civil Procedure
60(b)(1), which allows a court to relieve a party from a final judgment or order for
“excusable neglect.” Relief under Rule 60(b)(6) is available only “upon a showing of

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exceptional circumstances.” Cavaliere v. Allstate Ins. Co., 996 F.2d 1111, 1115 (11th
Cir.1993).   Courts must consider “the danger of prejudice to the [non-moving party], the
length of the delay and its potential impact upon judicial proceedings, the reason for the
delay, including whether it was in the reasonable control of the movant, and whether the
movant acted in good faith.” Pioneer Inv. Servs. Co. v. Brunswick Associated Ltd. P’ship,
507 U.S. 380, 395 (1993); see also Canfield v. Van Atta Buick/GMC Truck, Inc., 127
F.3d 248, 249-50 (2d Cir.1997) (finding that while Pioneer involved the Bankruptcy
Code, the analysis was equally applicable to Rule 60(b)).
Wells Fargo effectively asks the Court to modify its Order barring untimely
claims and its request should be denied for two separate reasons. First, it fails as a matter
of law because Wells Fargo has not complied with the strict one-year deadline for
seeking relief under Rule 60(b)(1). Second, it fails because Wells Fargo has wholly
failed to satisfy its burden of demonstrating “excusable neglect.”
A. Wells Fargo’s Request for Relief is Untimely Under Federal Rule 60(b).
Wells Fargo’s request for relief under Rule 60(b)(1) fails as a matter of law
because any such motion must be made within one year of the entry of the order in
question. See Fed. R. Civ. P. 60(c)(1) (emphasis added); see also Pioneer Inv. Servs. Co.,
507 U.S. at 393 (“The same is true of Rule 60(b)(1), which permits courts to reopen
judgments for reasons of ‘mistake, inadvertence, surprise, or excusable neglect,’ but only
on motion made within one year of the judgment”).
The Court’s Order establishing a Deadline for Filing Proofs of Claims (Doc. 391)
was entered on April 21, 2010, and set a Claim Bar Date of September 2, 2010. This
Order was “clear and unambiguous” and all parties, including Wells Fargo, were advised

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that failure to comply with the Claims Bar Date would “forever bar[] and preclude[]
[them] asserting any claim against the Receivership or Receivership Entities ….” (See
Docs. 1174, p. 6, n. 10; 713-10). In other words, by operation of this court’s April 21,
2010 Order, Wells Fargo was barred from pursuing the purported interests underlying its
Motion for Determination on September 2, 2010.
Under Rule 60(b)(1), at best for Wells Fargo, it had until September 2, 2011,
which was one year after the Claims Bar Date (if not only until April 21, 2011), to seek
relief under the “excusable neglect” standard since it became barred from pursuing any
interest it may have had in the Properties on September 2, 2010.4 Wells Fargo, however,
waited until February 8, 2012 to seek relief. (Doc. 740).
The Court has previously denied as untimely motions seeking to file late claims
under Rule 60(b). (See Doc. 1174). Because like BB&T, Wells Fargo did not file its
Motion for Determination within one year after it was barred from pursuing the interests
it pursues in that Motion, as a matter of law Wells Fargo’s requested relief must be
denied.
B. Wells Fargo Submitted No Relevant Proof And Otherwise Failed To Satisfy
Its Burden Under Rule 60(b).
Even assuming arguendo that the Motion for Determination was timely filed, it
should still be denied because Wells Fargo has not satisfied its burden for establishing
excusable neglect. See Pelican Production Corp. v. Marino, 893 F.2d 1143 (10th Cir.

4

 The Court’s March 2, 2012, Order 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 (Doc. 776) re-confirmed that any person or entity that failed to comply with
the Claims Bar Date was barred from pursuing any claim. And while that Order also stated that the dispute
between the Receiver and Wells Fargo over the Bank’s purported interests in the Properties would be
resolved by a later order after the Court resolved Wells Fargo’s motion to disqualify the Receiver, that
Order did not in any way change that the April 21, 2010 Order, unequivocally barred Wells Fargo from
pursuing those interests on September 2, 2010. 

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1990) (“The burden is upon the party moving to have the judgment set aside to plead and
prove excusable neglect.”). Wells Fargo does not “prove” excusable neglect because
Wells Fargo offers almost no evidence to support a finding of excusable neglect, such as
affidavits or declarations. Rather, Wells Fargo primarily relies on argument, which does
nothing to prove excusable neglect.
Wells Fargo does attach a Declaration of Elizabeth A. Ryan (the “Ryan
Declaration”) in support of its Motion (Doc. 740-E). However, the Ryan Declaration falls
short of providing the requisite supporting evidence of excusable neglect. Ms. Ryan
identifies herself as a “Mortgage Quality Assurance Analyst at Wells Fargo Home Equity
Group” (Doc. 740-E, ¶ 1) and offers her unfounded opinion that “in [her] experience a
secured lender is not required to file a Proof of Claim and can simply stand upon its state
law property interest as evidenced by its mortgage and security interest.” (Doc. 740-E, ¶
5). As discussed above, there is no support for this proposition in receivership law, and
Ms. Ryan does not even specify that she is referring to her “opinion” in a receivership
setting. Finally, Ms. Ryan declares that she did not receive notice of the above-captioned
proceeding until April 2011, one year and five months after the bar date for filing Proofs
of Claim in this case (September 2, 2010).
This is not evidence of excusable neglect. That a “mortgage analyst” incorrectly
“presumed” (Doc. 740-E, ¶ 5) that secured creditors do not need to file claims in “a
bankruptcy proceeding” is not tantamount to relevant evidence; it is simply an incorrect
“opinion” of a Wells Fargo employee which has no relevancy in a federal equity
receivership like this one and is insufficient as a matter of law to establish “excusable
neglect.” See McDowell-Bonner v. District of Columbia, 668 F. Supp.2d 124 (D.C. Cir.

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2009) (“inadvertence, ignorance of the rules, or mistakes construing the rules do not
usually constitute ‘excusable’ neglect”) (internal citation omitted).
Moreover, although Ms. Ryan states that she did not receive notice of this
proceeding until April 2011, she fails to identify what, if any, involvement or
responsibility she had for the Properties or for deciding whether to file a claim. Further,
Ms. Ryan makes no mention of whether other Wells Fargo employees or officers
received timely notice of the instant proceedings well in advance of the Claim Bar Date.
As shown by Wells Fargo’s filing of a claim relating to a different property (the Rite Aid
Property) the clear answer is that Wells Fargo received timely notice and clearly
understood the Court’s Order establishing the claims process, the Bank’s requirements
under that Order, and the consequences of failing to abide by the Order.
The Receiver was not obligated to provide notice to every Bank employee or
specifically to Ms. Ryan or any other “mortgage analyst.” He was simply required to
provide notice reasonably calculated, under the circumstances, to apprise Wells Fargo of
this Receivership and its right to file timely claims to preserve its interests. See Mullane
v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950) (“An elementary and
fundamental requirement of due process in any proceeding which is to be accorded
finality is notice reasonably calculated, under all the circumstances, to apprise interested
parties of the pendency of the action and afford them an opportunity to present their
objections.”). The Receiver complied with this obligation, and the Bank received timely
notice of the Claims Bar Date and of its obligation to file claims. If Wells Fargo did not
have in place adequate internal procedures to protect its interests, that is the fault of Wells
Fargo, and not of the Receiver, and it does not rise to the level of “excusable neglect.”

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1. Wells Fargo, Not The Receiver, Has Been Responsible For The Long Delay.
As noted above, the Court’s Rule 60(b) analysis must consider the length of Wells
Fargo’s delay in filing claims and the reason for the delay. Pioneer Inv. Servs., 507 U.S.
at 395. Without justification, Wells Fargo blames the Receiver for its failure to file its
claims. (Doc. 740, p. 14). But rather than pointing to any facts demonstrating that the
Receiver caused Wells Fargo’s “delay,” Wells Fargo superficially mentions that vague
and unidentified complexities of its merger with a failed financial institution combined
with its purported misunderstanding of this Court’s Claim Bar Date caused its delay and
also states that it did “not understand that its failure to file claims before the bar date
could result in a loss of its valid state law property rights….” (Id., p. 15). However, with
respect to the “merger,” Wells Fargo submits no supporting proof to show how any of
that impacted its filing of claims. In fact, it did file a claim on the Rite Aid Property but
does not explain how it knew to file that claim while not knowing to file claims with
respect to the Properties. With respect to its lack of understanding that its rights could be
terminated, this is not a valid ground for finding excusable neglect. See Noah v. Bond
Cold Storage, 408 F.3d 1043 (8th Cir. 2005) (“Neither a mistake of law nor the failure to
follow the clear dictates of a court rule constitutes excusable neglect”).

It also is

inconsistent with Wells Fargo’s filing of a claim relating to the Rite Aid Property. That
the Bank did file a claim to protect its purported security interest related to another
property belies its dubious claim that its 2008 merger—nearly two full years before the
claims bar deadline—precluded it from understanding the Court’s Order.
As the record demonstrates, Wells Fargo was on notice of the scope of the
Receivership and aware of the procedure for filing claims relating to its interests, was

20 

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aware of the deadline for filing claims, and had many communications with the
Receiver’s representatives. Its failure to timely file claims was, at best, a complete lack
of diligence and thus not excusable neglect. See Robinson v. Wix Filtration Corp, LLC.,
599 F.3d 403 (4th Cir. 2010) (“A party that fails to act with diligence will be unable to
establish that his conduct constituted excusable neglect”).
2. Wells Fargo Has Not Shown That It Acted In Good Faith.
Under Rule 60(b), the Court must consider whether Wells Fargo acted in good
faith. Pioneer Inv. Servs. Co., 507 U.S. 395. Wells Fargo does not establish that it acted
in good faith5 in this proceeding. For example, as outlined above, Wells Fargo was on
notice of this Court’s and the Receiver’s jurisdiction and control over the Laurel
Mountain Property as far back as no later than March 2009. Communications between
Wells Fargo and the Receivership continued through February of 2010. Wells Fargo’s
counsel sent a pair of letters to the Receiver in March 2011 which again identified Wells
Fargo’s interest in that property and demanded payment on the underlying loan. On
April 5, 2011, the Receiver responded by letter to Wells Fargo advising the deadline for
filing a claim had passed in September 2010, but that if “the Bank believes there are
circumstances that justify its failure to file a Proof of Claim, it remains free to submit one
and an explanation for the delay and any other materials or information which it deems
appropriate.” (Doc. 713-8). Well Fargo ignored the Receiver.
Instead, without ever notifying the Court or the Receiver, in June (and again in
July) 2011, Wells Fargo filed a petition in the criminal case against Nadel pending in the

5

  Under Rule 60(b)’s “good faith” analysis, only Wells Fargo’s conduct during the Receivership
proceedings is relevant. As such, while its pre-receivership conduct during Nadel’s scheme is relevant to
the good faith inquiry under the Florida Uniform Fraudulent Transfer Act, the Bank’s pre-Receivership
conduct is irrelevant to the arguments in this Motion. 

21 

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U.S. District Court for the Southern District of New York seeking adjudication of its
alleged rights to the Laurel Mountain Property. Not only did Wells Fargo’s inexplicable
failure to serve or otherwise notify the Receiver or this Court of its petition demonstrate a
lack of good faith, but it violated this Court’s injunction. It violated the injunctive
language of the Order Appointing Receiver (Doc. 8) enjoining all parties with notice of
that Order – such as Wells Fargo – “from in any way disturbing the assets or proceeds of
the receivership or from prosecuting any actions or proceedings which involve the
Receiver or which affect the property of the Defendants or Relief Defendants….” See
also Order Granting Second Unopposed Motion to Expand Scope of Receivership (Doc.
44) (including Laurel Mountain Preserve within the ambit of the Court’s Order
Appointing Receiver). Rather than filing a late claim, Wells Fargo sought to circumvent
this Court and the Receiver in violation of an injunction by seeking relief in New York
without giving notice to either this Court or the Receiver. As the Court may recall, it was
displeased with Wells Fargo’s conduct and found the Bank’s jurisdictional arguments to
be meritless. (See Doc. 786-1). Without question, Wells Fargo’s has not acted in “good
faith” during these proceedings.
3. Allowing Wells Fargo To File A Claim Nearly Five Years After The Deadline
Will Prejudice The Receiver And Impact The Proceedings.
The consequences for the Receivership and the injured investors will be
significant should Wells Fargo be allowed to file late claims. Wells Fargo is seeking
preferential treatment by not having to comply with the same claims procedures that all
other purported creditors were required to follow. Such preferential treatment is
inconsistent with the equitable principles that govern this proceeding. Allowing the Bank

22 

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to file claims nearly five years after the Claims Bar Date would undermine the finality
and absolute nature of the Claims Bar Date, and would encourage other claimants to
attempt to either file late claims or seek to modify and supplement their previous
submissions. The purpose of the Claims Bar Date is precisely to avoid these issues and
create finality to the process.
Wells Fargo became aware of this Receivership no later than in a matter of weeks
after the inception of this Receivership and, as a sophisticated party with sophisticated
counsel, has known about its need to file claims to preserve its interests in Receivership
property for equally as long. But in any event, it received the claims packet that was
mailed on June 4, 2010, and thus cannot dispute that it received all the notice it was
entitled to about what it had to do to preserve its interests and have them adjudicated.
Yet, for reasons that still remain a mystery and for which there is no legal support, Wells
Fargo chose not to file claims on the Laurel Mountain Property or the Sarasota Property.
As the Court has already found, allowing any late claims at this juncture will
prejudice “both the victims of the fraud and the judicial administration of this
receivership.” (Doc. 1164, at p.6) (citing In re Intelligent Med. Imaging, Inc., 262 B.R.
142, 146 (Bankr. S.D. Fla. 2001). The rule against filing late claims is even more
controlling in cases like this, where the Order establishing the claims process is “clear
and unambiguous.” Id. (citing In re Bautista, 235 B.R. 678, 683 (Bankr. M.D. Fla. 1999)
(finding no excusable neglect based on the unambiguous court orders).
The Bank’s conduct has already prejudiced the Receiver. For example, beginning
in 2010, the Receiver attempted to sell the Sarasota Property, but was unable to do so
because the title insurance company would not issue a policy as a result of Wells Fargo’s

23 

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purported security interest. (See Decl. of Burton W. Wiand, at ¶15). The Receiver
attempted to negotiate with the Bank a fair and equitable resolution of its outstanding fees
and costs associated with the Sarasota Property loans, but it refused to enter into any
negotiations. (Id. at ¶14) Consequently, the title insurance company would not issue a
policy showing the property was being transferred free and clear of all liens and
encumbrances. (Id.at ¶15). The Receiver was not able to finally sell the Sarasota Property
until April 2015. (Id). Additionally, the Receiver has been unable to sell the Laurel
Mountain Property because public records reflect that it is encumbered by Wells Fargo’s
purported lien for a loan that exceeds the current value of the Property. (Id. at ¶13)
While the Bank’s intransigence has already prejudiced the Receiver, allowing late
claims to now be filed—or to have allowed them to be have been filed when the Bank
filed its Motion for Determination—will cause additional prejudice because he will be
forced to expend Receivership resources in addressing this dispute to the detriment of the
Receivership Estate. The main purpose of the claims process is to adjudicate all claims to
receivership property in an efficient and timely manner, and to bring finality to those
claims so that receivership assets can be distributed to victims. The Bank has already
delayed that process, and allowing it to file claims now will prejudice the Receiver.
Further, allowing Wells Fargo to file late claims will also cause additional delay
to these proceedings. Wells Fargo has made numerous filings related to the Properties
and another Receivership property in this Court and even one in the Southern District of
New York in violation of an injunction, causing delays in this proceeding that would
have been avoided had Wells Fargo followed its obligation to timely participate in the
claims process. To allow Wells Fargo to now submit additional claims will delay the

24 

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proceedings even further because of the time and resources needed to address the validity
of those claims and, ultimately, delay distributions to defrauded investors.

Equally

importantly, it would also “open the door” for other would-be claimants who previously
ignored the Claim Bar Date from seeking similar relief. The entire purpose of the Claim
Bar Date is precisely to avoid situations like this which require receivers to waste scarce
receivership resources to address Wells Fargo’s failure to comply with these procedures.
And for that reason, the hurdle to overcome for receiving permission to file a late claim is
very high. Wells Fargo’s showing falls far short of satisfying that hurdle, especially in
light of its lack of good faith.
Scenarios like this one – in which a non-party forces a receiver to waste resources
litigating its entitlement to receivership assets despite not having filed claims – are
precisely those the claim bar date is meant to prevent. As this Court has already held,
“[t]he 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.” (Doc. 1174, p. 8). Accordingly, the Receiver’s
Motion should be granted.
CERTIFICATE UNDER LOCAL RULE 3.01(g)
Undersigned counsel for the Receiver has conferred with counsel for the SEC and
is authorized to represent that the SEC does not oppose the relief requested in this
motion. Undersigned counsel has conferred with counsel for Wells Fargo (and Bank of
America through Wells Fargo, as servicer) and is authorized to represent that they do
oppose the requested relief.

25 

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on December 7, 2015, I electronically filed the
foregoing with the Clerk of the Court by using the CM/ECF system.
Respectfully submitted,
JAMES HOYER, P.A.
/s/ Sean P. Keefe
Sean P. Keefe (FBN 413828)
One Urban Centre, Suite 550
4830 W. Kennedy Blvd.
Tampa, FL 33609
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorney for the Receiver, Burton W. Wiand

26 

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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 the Receiver’s Motion (1) 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
Proceeds of Sale of Sarasota Property (Dkt. 1209), the Response of Wells Fargo Bank,
N.A. (Wells Fargo) in Opposition and Request for Oral Argument (Dkts. 1216 & 1217),
and the Receiver’s Reply Brief and Opposition to Request for Oral Argument (Dkt.

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1221). After careful consideration of the Motion, the submissions of the parties,1 and the
applicable law, the Court concludes the motion should be granted.
BACKGROUND
Three loans were given by Wells Fargo to receivership entities: the Rite Aid loan,
the Laurel Preserve loan, and the second priority Moody loan. The loans were secured by
the two properties referred to as the Laurel Mountain and Sarasota properties, which are
the subject of the pending motion. The Laurel Mountain property became part of the
receivership by order of February 11, 2009.2 The Receiver initially contacted Wells
Fargo about marketing the Laurel Mountain property, and Wells Fargo began sending
loan statements in May 2009 for payment past due to the Receiver.3 Possession of and
title to the Sarasota property was granted to the Receiver by order dated January 28,
2010,4 and the order was recorded in Sarasota County on February 25, 2010.5 At this
time, the Laurel Mountain property is encumbered by Wells Fargo’s lien for a loan in the

1

Finding the paper submissions more than sufficient to decide the pending motion, the
Court denies Wells Fargo’s Request for Oral Argument (Dkt. 1217) as unnecessary.
2

See docket 44.

3

See docket 1210, Exh. A (invoice). Wells Fargo was in communication with the

Receiver regarding the Receiver’s marketing of the property as evidenced by exchanged
emails in June 2009. See docket 1210, para. 10 (citing docket 713-7, pp. 5 & 9).
4

See docket 327.

5

See docket 756-1.

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amount of $1.9 million,6 and the Sarasota property sold in April 2015 with proceeds of
$2,147,993.69.7
On April 21, 2010, this Court entered an order establishing a deadline for filing a
Proof of Claim Form and setting a Claim Bar Date of September 2, 2010.8 On March 2,
2012, this Court entered an order approving the determination of certain claims and claim
priorities, among other things, including the approval of a plan of distribution and a
proper objection procedure.9 In the March 2012 order, this Court reserved ruling on
Wells Fargo’s dispute with the Receiver over the Sarasota and the Laurel Mountain
properties,10 including the motion for determination that filing proofs of claim was
unnecessary to preserve state law property rights in the properties, until Wells Fargo’s motion
to disqualify the Receiver and his law firm was decided.11 The March 2012 order did not

alter the Claim Bar Date of September 2, 2010.

6

See docket 1210, para. 6.

7

See docket 1177 (Order approving sale of Sarasota property entered April 29, 2015)
and docket 1181, Exh. B, p. 8 (Receiver’s Eighteenth Interim Report stating Sarasota property
sold June 1, 2015, and attaching Exhibit B showing the amount of proceeds).
8

See docket 391.

9

See docket 776.

10

On February 8, 2012, Wells Fargo filed a motion for a determination that filing
proofs of claim was unnecessary to preserve secured creditors’ state law security interests
regarding certain properties including the Laurel Mountain and Sarasota properties. See docket
740.
11

See docket 776, para. 9.

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As part of the claims administration process, the Receiver would mail a claims
packet, which contained a Proof of Claim Form,12 to “each investor who, according to the
Receiver’s records, is associated with each pertinent account.”13 For creditors who were
not investors, such as Wells Fargo regarding the Laurel Mountain and Sarasota properties,
the Notice of Deadline Requiring Filing of Proofs of Claim provides that such noninvestors must provide to the Receiver the amount claimed due, together with supporting
documents, by the Claim Bar Date.14
In accordance with the claims administration process, the Receiver mailed one
claims packet to Wells Fargo (then Wachovia) at its Atlanta, Georgia, address.15 The
Receiver used the address listed in the documents provided by Wells Fargo on its loan
invoices for the both the Laurel Preserve and Rite-Aid loans. The Laurel Preserve loan
documents provide for notice by mail or delivery to one of two Roanoke, Virginia,

12

The Proof of Claim Form was approved and referenced in the April 2010 order
setting the Claim Bar Date. See docket 391 (“4. The Claims Administration Procedure as set
forth in the Motion and Proof of Claim Form as attached to the Motion as Exhibit A are
approved in all respects.”) and docket 390, Exh. A (Proof of Claim Form).
13

See docket 390, p. 8.

14

See docket 390, Exh. B, p. 4 (“If you were not an investor, but believe you are or
may be a creditor of one or more of the Receivership Entities, you must provide to the Receiver
by the Claim Bar Date (1) the amount you contend you are owed from any Receivership Entity;
(2) any amounts received from any Receivership Entity; and (3) legible copies of all documents
on which you base your claim (i.e., all invoices for services or goods provided, loan
documents, etc.) or, if any such documents are not available, a detailed explanation as to why
such documents are not available.”
15

See docket 1216, p. 13, and docket 713, para. 23, Exh. 10.

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addresses for Wachovia Bank.16 Although Wells Fargo received a claims packet from the
Receiver, it never submitted a proof of claim with respect to either the Laurel Mountain
or Sarasota properties. The Receiver informed Wells Fargo on April 5, 2011, that he had
not received a proof of claim regarding the Laurel Mountain property, and that “its
interest will not be considered by the Receiver” unless Wells Fargo “believes there are
circumstances that justify its failure to file a Proof of Claim” and submits a proof of claim
“and an explanation for the delay and any other materials or information which it deems
appropriate.”17 The Receiver reminded Wells Fargo of the passage of the Claim Bar Date
of September 2, 2010.
ARGUMENT
Wells Fargo argues, first, that the state property rights of a secured creditor trump
a federal equitable receivership in that a secured creditor need not file a proof of claim in
the receivership to maintain its priority interest, and any extinguishment of Wells Fargo’s
security interests would violate the Fifth Amendment as an unconstitutional taking.
Second, Wells Fargo argues that it should be permitted to file late proofs of claim for the
Laurel Mountain and Sarasota properties as timely under Federal Rule of Civil Procedure
60(b)(1), and, in any event, Wells Fargo has shown excusable neglect for failing to file
them earlier. The Receiver argues that Wells Fargo’s failure to file a proof of claim in the
receivership results in the extinguishment of not only its rights to a cash distribution but
16

See docket 740-4, pp. 8 & 24 (Composite Exh. D attached to Wells Fargo’s Motion
for Determination that Filing Proofs of Claim Not Necessary, filed February 8, 2012).
17

See docket 713-8, Exh. 8.

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to its secured interests as well. The Court agrees with the Receiver and finds that Wells
Fargo’s security interests in the properties at issue were not preserved in this receivership
because of its failure to file a proof of claim, its Rule 60(b) request filed before the March
2012 order was untimely, and the Receiver’s failure to send more than one claims packet
to Wells Fargo does not constitute excusable neglect under Rule 60.
ANALYSIS
The Court need look only to the conduct of Wells Fargo (formerly Wachovia) after
the receivership was created in 2009, not before that time. The sole issue this Court will
address is whether Wells Fargo was required to timely file a proof of claim to preserve its
security interests in the two particular properties in these receivership proceedings.18 This
Court has already established, however, that “each person or entity that asserts a claim
against the Receivership” must submit a proof of claim by the Claim Bar date of
September 2, 2010, and that “any person or entity that fails to submit” a proof of claim
“shall be forever barred and precluded from asserting any claim.”19 This means that a
secured creditor must file a proof of claim before the Claim Bar Date.

18

The Court is well aware that the Receiver generally takes property subject to liens
and encumbrances. Wells Fargo, however, seems to argue on the one hand that it should be
allowed to seek redress to its collateral in these receivership proceedings, which would be
subject to the claims administrative process, and on the other hand, that the proper procedure is
to seek an order from this Court requesting the Receiver release the collateral or the injunction
be set aside to enforce Wells Fargo’s state law remedies against the collateral. See docket
1216, p. 10, citing Clark on Receivers and two cases. It appears from its submissions that
Wells Fargo seeks to be excused from failing to file proofs of claim in the receivership
proceedings.
19

See docket 1174 (Order Denying Turnover of Sales Proceeds of Fairview Property
to BB&T).

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Wells Fargo is not excused as a secured creditor from filing a proof of claim in this
federal equitable receivership under the conduct of the proceedings established in this
Court. As in the case of BB&T in this Court’s prior order, the burden rests on Wells
Fargo “to protect its rights pursuant to the framework clearly set forth in the conduct of
this receivership.”20 Wells Fargo disagrees with this Court’s prior order, arguing that a
secured creditor’s in rem rights to the collateral are distinct from its right to receive a cash
distribution from the liquidation of general receivership assets. See SEC v. Spongetech
Delivery Sys., 98 F.Supp.3d 530, 533 (E.D.N.Y. 2015);21 SEC v. Madison Real Estate
Group, LLC, 647 F.Supp.2d 1271, 1276 (D. Utah 2009). While this may generally be
true, a secured creditor must follow the dictates for protecting its rights to its collateral in
the receivership proceedings by following the format outlined in the claims administration
process for making a claim. The administrative process here requires both secured and
unsecured creditors to comply with the process by filing a proof of claim.
Wells Fargo contends that the failure to file a proof of claim, at most, may prohibit
its receiving payment for a deficiency claim. In making this argument, Wells Fargo
further urges this Court to find a violation of the Takings Clause of the Fifth Amendment.
The Receiver is correct that the Fifth Amendment is triggered by governmental action,22

20

See docket 1174, p. 7.

21

The Spongetech was not brought to this Court’s attention when it issued the order
on BB&T on April 15, 2015, as Spongetech was decided just two weeks earlier on March 31,
2015.
22

See Lingle v. Chevron U.S.A. Inc., 544 U.S. 528, 537, 125 S.Ct. 2074, 2081, 161
L.Ed.2d 876 (2005).

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not the actions of a private receiver marshaling private assets to pay private parties. See
United States v. Beszborn, 21 F.3d 62, 68 (5th Cir. 1994) (holding that receiver Resolution
Trust Corporation acts as “private, non-governmental entity, and is not the Government”).
Moreover, the taking must be for a public use. See Scott v. Jackson County, 297 F.
App’x 623, 625-26 (9th Cir. 2008). No case has been cited to the Court that would subject
the actions of a receiver in a federal equitable receivership to the Takings Clause.
Wells Fargo asks this Court to permit it to file a late proof of claim, because on
February 8, 2012, it filed a motion for determination of whether the filing of a proof of
claim was necessary or, in the alternative, for leave to file a late claim.23 By filing the
motion before the March 2012 order, Wells Fargo argues, it met the one-year deadline
under Rule 60(b)(1). Wells Fargo relies on a prior order of this Court for the proposition
that the start date of the one-year deadline began March 2, 2012.24 The relevant start date
of the one-year period for Wells Fargo’s claims, however, was not determined by the
order denying the turnover of funds to BB&T. The prior order of this Court considering
the turnover of funds to BB&T did not discuss any start date other than the date of the
March 2012 order, because the parties did not argue an earlier date to the Court.25

23

See docket 740.

24

See docket 1174 (Order denying BB&T’s Motion for Turnover of Sale Proceeds of
Fairview Property Subject to Mortgage Interest).
25

The Court did not consider and reject the position that Rule 60's one-year period
began prior to March 2012 on the Claim Bar Date in September 2010.

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Here, the Receiver argues that the start date for purposes of Rule 60's one-year
period falls on the Claim Bar Date of September 2, 2010. Consequently, the Receiver
contends that Wells Fargo was required to file its Rule 60 motion by September 2, 2011.
Wells Fargo, however, did not file its motion until February 2012. Between Wells
Fargo’s incorrect reliance on the prior BB&T order regarding the start date and the
Receiver’s choice of September 2, 2010, the Claim Bar Date, the Court finds for purposes
of this motion, Rule 60's one-year period began to run on the Claim Bar Date.
With respect to excusable neglect, Wells Fargo argues that the Receiver mailed
only one claims packet, despite the three separate loans given by Wells Fargo. It
contends that the Receiver should have sent three separate claims packets, one for “each”
account, and the Receiver should have mailed a claims packet for the Laurel Mountain
property to one of two Roanoke, Virginia, addresses in accordance with the Laurel
Preserve loan documents.26 Wells Fargo returned only one completed Proof of Claim
Form before the bar date for the purpose of a claim relating to a loan to Scoop Real
Estate, L.P., secured by property in Graham, North Carolina (the Rite-Aid property),
which is different from the Laurel Mountain property.27 The Court finds that the claims
administrative process did not require the Receiver to send separate claims packets for
each of the loans, which involved a non-investor creditor. Despite notice and many
communications with the Receiver regarding the Laurel Mountain and Sarasota properties
26

See docket 740-4, pp. 8 & 24 (Composite Exh. D attached to Wells Fargo’s Motion
for Determination that Filing Proofs of Claim Not Necessary, filed February 8, 2012).
27

See docket 713, para. 25, Exh. 11.

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before the Claim Bar Date, Wells Fargo’s failure to file timely proofs of claims by the
Claim Bar Date, and even one year thereafter, is not excused by the Receiver’s neglect in
filing separate claims packets for each loan.
It is therefore ORDERED AND ADJUDGED that the Receiver’s Motion (1) 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 Proceeds of Sale of Sarasota Property (Dkt. 1209) is GRANTED
to the extent that this Court finds that Wells Fargo failed to comply with the claim
administrative process and its failure did not constitute excusable neglect for purposes of
Rule 60.
It is further ORDERED AND ADJUDGED that this order shall not become final
until the time for filing a notice of appeal has expired and no notice of appeal was filed
or, if a notice of appeal is timely filed, until the appellate process has terminated with an
affirmance of this order.
DONE AND ORDERED at Tampa, Florida, on February 2, 2016.

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

Counsel of Record

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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

{37648504;4}

178

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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.

{37648504;4}

2
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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

{37648504;4}

3
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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 the Receiver’s Motion (1) 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
Proceeds of Sale of Sarasota Property (Dkt. 1209), the Response of Wells Fargo Bank,
N.A. (Wells Fargo) in Opposition and Request for Oral Argument (Dkts. 1216 & 1217),
and the Receiver’s Reply Brief and Opposition to Request for Oral Argument (Dkt.

EXHIBIT A

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1221). After careful consideration of the Motion, the submissions of the parties,1 and the
applicable law, the Court concludes the motion should be granted.
BACKGROUND
Three loans were given by Wells Fargo to receivership entities: the Rite Aid loan,
the Laurel Preserve loan, and the second priority Moody loan. The loans were secured by
the two properties referred to as the Laurel Mountain and Sarasota properties, which are
the subject of the pending motion. The Laurel Mountain property became part of the
receivership by order of February 11, 2009.2 The Receiver initially contacted Wells
Fargo about marketing the Laurel Mountain property, and Wells Fargo began sending
loan statements in May 2009 for payment past due to the Receiver.3 Possession of and
title to the Sarasota property was granted to the Receiver by order dated January 28,
2010,4 and the order was recorded in Sarasota County on February 25, 2010.5 At this
time, the Laurel Mountain property is encumbered by Wells Fargo’s lien for a loan in the

1

Finding the paper submissions more than sufficient to decide the pending motion, the
Court denies Wells Fargo’s Request for Oral Argument (Dkt. 1217) as unnecessary.
2

See docket 44.

3

See docket 1210, Exh. A (invoice). Wells Fargo was in communication with the

Receiver regarding the Receiver’s marketing of the property as evidenced by exchanged
emails in June 2009. See docket 1210, para. 10 (citing docket 713-7, pp. 5 & 9).
4

See docket 327.

5

See docket 756-1.

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amount of $1.9 million,6 and the Sarasota property sold in April 2015 with proceeds of
$2,147,993.69.7
On April 21, 2010, this Court entered an order establishing a deadline for filing a
Proof of Claim Form and setting a Claim Bar Date of September 2, 2010.8 On March 2,
2012, this Court entered an order approving the determination of certain claims and claim
priorities, among other things, including the approval of a plan of distribution and a
proper objection procedure.9 In the March 2012 order, this Court reserved ruling on
Wells Fargo’s dispute with the Receiver over the Sarasota and the Laurel Mountain
properties,10 including the motion for determination that filing proofs of claim was
unnecessary to preserve state law property rights in the properties, until Wells Fargo’s motion
to disqualify the Receiver and his law firm was decided.11 The March 2012 order did not

alter the Claim Bar Date of September 2, 2010.

6

See docket 1210, para. 6.

7

See docket 1177 (Order approving sale of Sarasota property entered April 29, 2015)
and docket 1181, Exh. B, p. 8 (Receiver’s Eighteenth Interim Report stating Sarasota property
sold June 1, 2015, and attaching Exhibit B showing the amount of proceeds).
8

See docket 391.

9

See docket 776.

10

On February 8, 2012, Wells Fargo filed a motion for a determination that filing
proofs of claim was unnecessary to preserve secured creditors’ state law security interests
regarding certain properties including the Laurel Mountain and Sarasota properties. See docket
740.
11

See docket 776, para. 9.

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As part of the claims administration process, the Receiver would mail a claims
packet, which contained a Proof of Claim Form,12 to “each investor who, according to the
Receiver’s records, is associated with each pertinent account.”13 For creditors who were
not investors, such as Wells Fargo regarding the Laurel Mountain and Sarasota properties,
the Notice of Deadline Requiring Filing of Proofs of Claim provides that such noninvestors must provide to the Receiver the amount claimed due, together with supporting
documents, by the Claim Bar Date.14
In accordance with the claims administration process, the Receiver mailed one
claims packet to Wells Fargo (then Wachovia) at its Atlanta, Georgia, address.15 The
Receiver used the address listed in the documents provided by Wells Fargo on its loan
invoices for the both the Laurel Preserve and Rite-Aid loans. The Laurel Preserve loan
documents provide for notice by mail or delivery to one of two Roanoke, Virginia,

12

The Proof of Claim Form was approved and referenced in the April 2010 order
setting the Claim Bar Date. See docket 391 (“4. The Claims Administration Procedure as set
forth in the Motion and Proof of Claim Form as attached to the Motion as Exhibit A are
approved in all respects.”) and docket 390, Exh. A (Proof of Claim Form).
13

See docket 390, p. 8.

14

See docket 390, Exh. B, p. 4 (“If you were not an investor, but believe you are or
may be a creditor of one or more of the Receivership Entities, you must provide to the Receiver
by the Claim Bar Date (1) the amount you contend you are owed from any Receivership Entity;
(2) any amounts received from any Receivership Entity; and (3) legible copies of all documents
on which you base your claim (i.e., all invoices for services or goods provided, loan
documents, etc.) or, if any such documents are not available, a detailed explanation as to why
such documents are not available.”
15

See docket 1216, p. 13, and docket 713, para. 23, Exh. 10.

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addresses for Wachovia Bank.16 Although Wells Fargo received a claims packet from the
Receiver, it never submitted a proof of claim with respect to either the Laurel Mountain
or Sarasota properties. The Receiver informed Wells Fargo on April 5, 2011, that he had
not received a proof of claim regarding the Laurel Mountain property, and that “its
interest will not be considered by the Receiver” unless Wells Fargo “believes there are
circumstances that justify its failure to file a Proof of Claim” and submits a proof of claim
“and an explanation for the delay and any other materials or information which it deems
appropriate.”17 The Receiver reminded Wells Fargo of the passage of the Claim Bar Date
of September 2, 2010.
ARGUMENT
Wells Fargo argues, first, that the state property rights of a secured creditor trump
a federal equitable receivership in that a secured creditor need not file a proof of claim in
the receivership to maintain its priority interest, and any extinguishment of Wells Fargo’s
security interests would violate the Fifth Amendment as an unconstitutional taking.
Second, Wells Fargo argues that it should be permitted to file late proofs of claim for the
Laurel Mountain and Sarasota properties as timely under Federal Rule of Civil Procedure
60(b)(1), and, in any event, Wells Fargo has shown excusable neglect for failing to file
them earlier. The Receiver argues that Wells Fargo’s failure to file a proof of claim in the
receivership results in the extinguishment of not only its rights to a cash distribution but
16

See docket 740-4, pp. 8 & 24 (Composite Exh. D attached to Wells Fargo’s Motion
for Determination that Filing Proofs of Claim Not Necessary, filed February 8, 2012).
17

See docket 713-8, Exh. 8.

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to its secured interests as well. The Court agrees with the Receiver and finds that Wells
Fargo’s security interests in the properties at issue were not preserved in this receivership
because of its failure to file a proof of claim, its Rule 60(b) request filed before the March
2012 order was untimely, and the Receiver’s failure to send more than one claims packet
to Wells Fargo does not constitute excusable neglect under Rule 60.
ANALYSIS
The Court need look only to the conduct of Wells Fargo (formerly Wachovia) after
the receivership was created in 2009, not before that time. The sole issue this Court will
address is whether Wells Fargo was required to timely file a proof of claim to preserve its
security interests in the two particular properties in these receivership proceedings.18 This
Court has already established, however, that “each person or entity that asserts a claim
against the Receivership” must submit a proof of claim by the Claim Bar date of
September 2, 2010, and that “any person or entity that fails to submit” a proof of claim
“shall be forever barred and precluded from asserting any claim.”19 This means that a
secured creditor must file a proof of claim before the Claim Bar Date.

18

The Court is well aware that the Receiver generally takes property subject to liens
and encumbrances. Wells Fargo, however, seems to argue on the one hand that it should be
allowed to seek redress to its collateral in these receivership proceedings, which would be
subject to the claims administrative process, and on the other hand, that the proper procedure is
to seek an order from this Court requesting the Receiver release the collateral or the injunction
be set aside to enforce Wells Fargo’s state law remedies against the collateral. See docket
1216, p. 10, citing Clark on Receivers and two cases. It appears from its submissions that
Wells Fargo seeks to be excused from failing to file proofs of claim in the receivership
proceedings.
19

See docket 1174 (Order Denying Turnover of Sales Proceeds of Fairview Property
to BB&T).

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Wells Fargo is not excused as a secured creditor from filing a proof of claim in this
federal equitable receivership under the conduct of the proceedings established in this
Court. As in the case of BB&T in this Court’s prior order, the burden rests on Wells
Fargo “to protect its rights pursuant to the framework clearly set forth in the conduct of
this receivership.”20 Wells Fargo disagrees with this Court’s prior order, arguing that a
secured creditor’s in rem rights to the collateral are distinct from its right to receive a cash
distribution from the liquidation of general receivership assets. See SEC v. Spongetech
Delivery Sys., 98 F.Supp.3d 530, 533 (E.D.N.Y. 2015);21 SEC v. Madison Real Estate
Group, LLC, 647 F.Supp.2d 1271, 1276 (D. Utah 2009). While this may generally be
true, a secured creditor must follow the dictates for protecting its rights to its collateral in
the receivership proceedings by following the format outlined in the claims administration
process for making a claim. The administrative process here requires both secured and
unsecured creditors to comply with the process by filing a proof of claim.
Wells Fargo contends that the failure to file a proof of claim, at most, may prohibit
its receiving payment for a deficiency claim. In making this argument, Wells Fargo
further urges this Court to find a violation of the Takings Clause of the Fifth Amendment.
The Receiver is correct that the Fifth Amendment is triggered by governmental action,22

20

See docket 1174, p. 7.

21

The Spongetech was not brought to this Court’s attention when it issued the order
on BB&T on April 15, 2015, as Spongetech was decided just two weeks earlier on March 31,
2015.
22

See Lingle v. Chevron U.S.A. Inc., 544 U.S. 528, 537, 125 S.Ct. 2074, 2081, 161
L.Ed.2d 876 (2005).

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not the actions of a private receiver marshaling private assets to pay private parties. See
United States v. Beszborn, 21 F.3d 62, 68 (5th Cir. 1994) (holding that receiver Resolution
Trust Corporation acts as “private, non-governmental entity, and is not the Government”).
Moreover, the taking must be for a public use. See Scott v. Jackson County, 297 F.
App’x 623, 625-26 (9th Cir. 2008). No case has been cited to the Court that would subject
the actions of a receiver in a federal equitable receivership to the Takings Clause.
Wells Fargo asks this Court to permit it to file a late proof of claim, because on
February 8, 2012, it filed a motion for determination of whether the filing of a proof of
claim was necessary or, in the alternative, for leave to file a late claim.23 By filing the
motion before the March 2012 order, Wells Fargo argues, it met the one-year deadline
under Rule 60(b)(1). Wells Fargo relies on a prior order of this Court for the proposition
that the start date of the one-year deadline began March 2, 2012.24 The relevant start date
of the one-year period for Wells Fargo’s claims, however, was not determined by the
order denying the turnover of funds to BB&T. The prior order of this Court considering
the turnover of funds to BB&T did not discuss any start date other than the date of the
March 2012 order, because the parties did not argue an earlier date to the Court.25

23

See docket 740.

24

See docket 1174 (Order denying BB&T’s Motion for Turnover of Sale Proceeds of
Fairview Property Subject to Mortgage Interest).
25

The Court did not consider and reject the position that Rule 60's one-year period
began prior to March 2012 on the Claim Bar Date in September 2010.

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Here, the Receiver argues that the start date for purposes of Rule 60's one-year
period falls on the Claim Bar Date of September 2, 2010. Consequently, the Receiver
contends that Wells Fargo was required to file its Rule 60 motion by September 2, 2011.
Wells Fargo, however, did not file its motion until February 2012. Between Wells
Fargo’s incorrect reliance on the prior BB&T order regarding the start date and the
Receiver’s choice of September 2, 2010, the Claim Bar Date, the Court finds for purposes
of this motion, Rule 60's one-year period began to run on the Claim Bar Date.
With respect to excusable neglect, Wells Fargo argues that the Receiver mailed
only one claims packet, despite the three separate loans given by Wells Fargo. It
contends that the Receiver should have sent three separate claims packets, one for “each”
account, and the Receiver should have mailed a claims packet for the Laurel Mountain
property to one of two Roanoke, Virginia, addresses in accordance with the Laurel
Preserve loan documents.26 Wells Fargo returned only one completed Proof of Claim
Form before the bar date for the purpose of a claim relating to a loan to Scoop Real
Estate, L.P., secured by property in Graham, North Carolina (the Rite-Aid property),
which is different from the Laurel Mountain property.27 The Court finds that the claims
administrative process did not require the Receiver to send separate claims packets for
each of the loans, which involved a non-investor creditor. Despite notice and many
communications with the Receiver regarding the Laurel Mountain and Sarasota properties
26

See docket 740-4, pp. 8 & 24 (Composite Exh. D attached to Wells Fargo’s Motion
for Determination that Filing Proofs of Claim Not Necessary, filed February 8, 2012).
27

See docket 713, para. 25, Exh. 11.

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before the Claim Bar Date, Wells Fargo’s failure to file timely proofs of claims by the
Claim Bar Date, and even one year thereafter, is not excused by the Receiver’s neglect in
filing separate claims packets for each loan.
It is therefore ORDERED AND ADJUDGED that the Receiver’s Motion (1) 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 Proceeds of Sale of Sarasota Property (Dkt. 1209) is GRANTED
to the extent that this Court finds that Wells Fargo failed to comply with the claim
administrative process and its failure did not constitute excusable neglect for purposes of
Rule 60.
It is further ORDERED AND ADJUDGED that this order shall not become final
until the time for filing a notice of appeal has expired and no notice of appeal was filed
or, if a notice of appeal is timely filed, until the appellate process has terminated with an
affirmance of this order.
DONE AND ORDERED at Tampa, Florida, on February 2, 2016.

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

Counsel of Record

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Morgan III ([e-mail]), Marty Huppert ([e-mail]), YMCA
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Middle District of Florida
Notice of Electronic Filing

The following transaction was entered on 3/4/2016 at 8:17 AM EST and filed on 3/4/2016
Case Name:
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Case Number:
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Filer:
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TRANSMITTAL to USCA forwarding copy of docket entry re: receipt for appeal filing fee re
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frederick.schrils@gray−robinson.com, angela.calderon@gray−robinson.com

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George R. McLain

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James L. Essenson

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Matthew P. Farmer

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Martin Garcia

[e-mail], [e-mail]

Morgan R. Bentley
Chris A. Barker
David A. Holmes

[e-mail], [e-mail]

[e-mail], [e-mail]
[e-mail], [e-mail], [e-mail]

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[e-mail], [e-mail]

Carol Ann Kalish

[e-mail], [e-mail]

Andre J. Zamorano

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Paul B. Thanasides

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Robert K. Levenson
Steven R. Wirth

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First National Bank of Albany/Breckenridge
c/o Colton Johnson
P.O. Box 2169
Albany, TX 76430
Chester Vincentz
6500 Lakeview Drive
Falls Church, VA 22041
Donald H. Rowe(Terminated)
Carnegie Asset Management, Inc.
Wall Street Digest, Inc.
1350 Main Street
Sarasota, FL 34236−5642
Emelie Zack(Terminated)
13900 Long Lake Lane
Port Charlotte, Fl 33953
Marguerite J. Nadel(Terminated)
3966 Country View Dr.
Sarasota, FL 34233
Vernon M. Lee(Terminated)
4018 Via Mirada
Sarasota, FL 34238

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−−Case Participants: Chris A. Barker ([e-mail], [e-mail]), Eric A.
Bensky ([e-mail], [e-mail], [e-mail]), Morgan R.
Bentley ([e-mail], [e-mail]), Julie Fishman
Berkowitz ([e-mail], [e-mail]), Joshua A. Bleil
([e-mail]), Jonathan Betten Cohen ([e-mail],
[e-mail]), Roberta A. Colton ([e-mail], [e-mail],
[e-mail]), James E. Connelly ([e-mail], [e-mail]), Karen
Schmid Cox ([e-mail]), Anita M. Cream ([e-mail]), James L.
Essenson ([e-mail], [e-mail]), Matthew P. Farmer
([e-mail]), Todd Alan Foster ([e-mail], [e-mail],
[e-mail]), David Stuart Garbett ([e-mail],
[e-mail], [e-mail], [e-mail]), Martin Garcia
([e-mail], [e-mail]), Jason T. Gaskill
([e-mail], [e-mail]), R. Craig Harrison
([e-mail], [e-mail]), Lacy R. Harwell, Jr
(laurie−[e-mail], [e-mail], [e-mail],
[e-mail]), David A. Holmes ([e-mail], [e-mail],
[e-mail]), Carol Ann Kalish ([e-mail],
[e-mail]), Sean P. Keefe ([e-mail],
[e-mail], [e-mail]), Michael S. Lamont ([e-mail],
[e-mail], [e-mail], [e-mail]), Robert K. Levenson
([e-mail], [e-mail], [e-mail]), Maya M. Lockwood
([e-mail], [e-mail], [e-mail]), Scott A. Masel
([e-mail], [e-mail]), George R. McLain ([e-mail],
[e-mail]), Patrick Joseph McNamara ([e-mail],
[e-mail], [e-mail]), Gianluca Morello ([e-mail],
[e-mail], [e-mail], [e-mail]), Michael A. Nardella
([e-mail], [e-mail], [e-mail]), Mark A Rogers
([e-mail], [e-mail]), Howard Schiffman ([e-mail],
[e-mail]), Frederick Stewart Schrils (angela.calderon@gray−robinson.com,
frederick.schrils@gray−robinson.com), Louis Joseph Shaheen, Jr
([e-mail], [e-mail]), Terry Alan Smiljanich
([e-mail], [e-mail]), Paul B. Thanasides
([e-mail], [e-mail], [e-mail]), Jeffrey
Wayne Warren ([e-mail], [e-mail], [e-mail],
[e-mail]), Janelle Alicia Weber ([e-mail], [e-mail]),
Gregory M. Wilkes ([e-mail]), Steven R. Wirth
([e-mail], [e-mail]), Thomas R. Yaegers
([e-mail], [e-mail]), Andre J. Zamorano
([e-mail]), Branch Banking &Trust Co. Successor to Colonial Bank NA
([e-mail]), Carolina Mountain Land Conservancy ([e-mail]),
Marty Huppert ([e-mail]), Donald Kirk ([e-mail]), Brian L. Meeker
([e-mail]), Samuel Ross Morgan III ([e-mail]), TRSTE,
Inc. ([e-mail]), United States Internal Revenue Service
([e-mail]), Wiand Guerra King P.L. ([e-mail]), YMCA Foundation
of Sarasota, Inc. ([e-mail]), Judge Richard A. Lazzara
([e-mail]), Magistrate Judge Thomas B. McCoun III
([e-mail])
−−Non Case Participants: Gregory W. Kehoe ([e-mail]), Lauren Rada Pilkington
([e-mail], [e-mail])
−−No Notice Sent:
Message−Id:[e-mail]
Subject:Activity in Case 8:09−cv−00087−RAL−TBM Securities and Exchange Commission v. Nadel
et al USCA Appeal Fees

Content−Type: text/html
U.S. District Court

195

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NEF for Docket Entry

Filed 03/03/2016

Page 2 of 4

Middle District of Florida
Notice of Electronic Filing

The following transaction was entered on 3/3/2016 at 1:15 PM EST and filed on 3/3/2016
Case Name:
Securities and Exchange Commission v. Nadel et al
Case Number:
8:09−cv−00087−RAL−TBM
Filer:
Document Number: No document attached
Docket Text:
USCA appeal fees received $ 505 receipt number tpa35272 re [1226] Notice of appeal filed by
Wells Fargo Bank, N.A. (ARC)

8:09−cv−00087−RAL−TBM Notice has been electronically mailed to:
R. Craig Harrison

[e-mail], [e-mail]

Louis Joseph Shaheen, Jr

[e-mail], [e-mail]

Jeffrey Wayne Warren [e-mail], [e-mail], [e-mail],
[e-mail]
Roberta A. Colton

[e-mail], [e-mail], [e-mail]

Todd Alan Foster

[e-mail], [e-mail], [e-mail]

Terry Alan Smiljanich

[e-mail], [e-mail]

Frederick Stewart Schrils

frederick.schrils@gray−robinson.com, angela.calderon@gray−robinson.com

Lacy R. Harwell, Jr [e-mail], [e-mail],
laurie−[e-mail], [e-mail]
Patrick Joseph McNamara

[e-mail], [e-mail], [e-mail]

George R. McLain

[e-mail], [e-mail]

James L. Essenson

[e-mail], [e-mail]

Matthew P. Farmer

[e-mail]

Martin Garcia

[e-mail], [e-mail]

Morgan R. Bentley
Chris A. Barker
David A. Holmes

[e-mail], [e-mail]

[e-mail], [e-mail]
[e-mail], [e-mail], [e-mail]

196

Case 8:09-cv-87

Scott A. Masel

NEF for Docket Entry

Filed 03/03/2016

Page 3 of 4

[e-mail], [e-mail]

Carol Ann Kalish

[e-mail], [e-mail]

Andre J. Zamorano

[e-mail]

Paul B. Thanasides

[e-mail], [e-mail], [e-mail]

Robert K. Levenson
Steven R. Wirth

[e-mail], [e-mail], [e-mail]

[e-mail], [e-mail]

Maya M. Lockwood

[e-mail], [e-mail], [e-mail]

Michael S. Lamont [e-mail], [e-mail], [e-mail],
[e-mail]
Jason T. Gaskill

[e-mail], [e-mail]

James E. Connelly
Thomas R. Yaegers

[e-mail], [e-mail]
[e-mail], [e-mail]

Janelle Alicia Weber

[e-mail], [e-mail]

Gianluca Morello [e-mail], [e-mail], [e-mail],
[e-mail]
Jonathan Betten Cohen
Michael A. Nardella

[e-mail], [e-mail]
[e-mail], [e-mail], [e-mail]

David Stuart Garbett [e-mail], [e-mail], [e-mail],
[e-mail]
Joshua A. Bleil

[e-mail]

Julie Fishman Berkowitz
Mark A Rogers
Sean P. Keefe

[e-mail], [e-mail]
[e-mail], [e-mail], [e-mail]

Howard Schiffman
Eric A. Bensky

[e-mail], [e-mail]

[e-mail], [e-mail]

[e-mail], [e-mail], [e-mail]

Gregory M. Wilkes

[e-mail]

8:09−cv−00087−RAL−TBM Notice has been delivered by other means to:

197

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NEF for Docket Entry

Filed 03/03/2016

Page 4 of 4

First National Bank of Albany/Breckenridge
c/o Colton Johnson
P.O. Box 2169
Albany, TX 76430
Chester Vincentz
6500 Lakeview Drive
Falls Church, VA 22041
Donald H. Rowe(Terminated)
Carnegie Asset Management, Inc.
Wall Street Digest, Inc.
1350 Main Street
Sarasota, FL 34236−5642
Emelie Zack(Terminated)
13900 Long Lake Lane
Port Charlotte, Fl 33953
Marguerite J. Nadel(Terminated)
3966 Country View Dr.
Sarasota, FL 34233
Vernon M. Lee(Terminated)
4018 Via Mirada
Sarasota, FL 34238

198