Securities and Exchange Commission v. Nadel et al

Filing 1234

SUPPLEMENT re 1230 Order on Motion for Order of SaleOrder on Motion for Order to Show Cause (Supplement to Rec's Unopposed Motion at Docket 1229) by Burton W. Wiand. (Morello, Gianluca)

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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-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. / SUPPLEMENT TO RECEIVER’S UNOPPOSED, VERIFIED MOTION FOR (1) APPROVAL OF SALE OF REAL PROPERTY LOCATED IN MARSHFIELD, WASHINGTON COUNTY, VERMONT AND (2) ORDER TO SHOW CAUSE On March 15, 2016, Burton W. Wiand, as Receiver (the “Receiver”), filed an Unopposed Verified Motion For (1) Approval Of Sale Of Real Property Located In Marshfield, Washington County, Vermont And (2) Order To Show Cause (Doc. 1229) (the “Motion”). In relevant part, the Motion sought an order requiring Anne Nadel Walbridge (“Ms. Nadel Walbridge”) and her current husband, Thomas Walbridge (“Mr. Walbridge”), to appear before the Court and show cause why they should not be held in contempt for failing to (a) abide by the June 2013 Settlement Agreement between Ms. Nadel Walbridge and the Receiver (Doc. 1035-1), and the Order approving it (Doc. 1036), and (b) comply with the provisions of the Order appointing the Receiver (Doc. 8) which prohibit anyone from disturbing the Receivership’s assets (id. ¶ 15). The Receiver requested this relief because he was unable to obtain a quitclaim deed executed by Ms. Nadel Walbridge and Mr. Walbridge deeding to the Receiver any remaining interests they may have in the real property underlying the Motion. The Court subsequently entered an Order granting this relief (Doc. 1230) and setting a hearing on March 25, 2016, at 11 a.m., for Ms. Nadel Walbridge and Mr. Walbridge to appear and show cause why they should not be held in contempt. Ms. Nadel Walbridge and Mr. Walbridge were served with a copy of the Motion and the Order (see Docs. 1232 & 1233). Yesterday afternoon, Ms. Nadel Walbridge and Mr. Walbridge executed a quitclaim deed, and consequently the Receiver no longer needs the relief sought in the Motion against Ms. Nadel Walbridge and Mr. Walbridge. Accordingly, the Receiver respectfully asks the Court to (1) cancel the show cause hearing and (2) discharge its Order to Ms. Nadel Walbridge and Mr. Walbridge to show cause why they should not be held in contempt. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on March 23, 2016, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system. I also certify that I will provide copies of this supplement as follows: Anne Nadel Walbridge 6274 VT Route 14 Williamstown, VT 05679 Via email Thomas Walbridge 6274 VT Route 14 Williamstown, VT 05679 Via Anne Nadel Walbridge’s email 2 Matthew Farmer, Esq. Farmer & Fitzgerald, P.A. 102 W. Whiting St. Suite 501 Tampa, FL 33602 Via email s/Gianluca Morello Gianluca Morello, FBN 034997 Michael S. Lamont, FBN 0527122 Jared J. Perez, FBN 0085192 WIAND GUERRA KING P.A. 5505 W. Gray Street Tampa, FL 33609 Tel: 813-347-5100 Fax: 813-347-5198 Attorneys for the Receiver 3

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