Securities and Exchange Commission v. Nadel et al

Filing 1272

ORDER ATTACHED granting 1261 Motion to Stay; denying 1261 Motion for Order to Show Cause; denying [1269 & 1271] Motions for Leave to File Suit; and directing the parties to file legal memoranda no later than April 19, 2017. Signed by Judge Richard A. Lazzara on 3/22/2017. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.

CASE NO: 8:09-cv-87-T-26TBM

ARTHUR NADEL; SCOOP CAPITAL, LLC;
and SCOOP MANAGEMENT, INC.,
Defendants,
SCOOP REAL ESTATE, L.P.;
VALHALLA INVESTMENT PARTNERS, L.P.;
VALHALLA MANAGEMENT, INC.;
VICTORY IRA FUND, LTD.; VICTORY FUND, LTD.;
VIKING IRA FUND, LLC; VIKING FUND, LLC;
and VIKING MANAGEMENT, LLC,
Relief Defendants.
/
ORDER
UPON DUE AND CAREFUL CONSIDERATION of the procedural history of this
case, together with the parties’ written submissions, the evidence and testimony elicited at the
hearing held this day in this case, and the parties’ oral arguments, it is ORDERED AND
ADJUDGED as follows:
1) The Receiver’s Emergency Motion to Enjoin Texas Railroad Commission
Administrative Proceeding Filed Against Receivership Entity Quest Management Group, Inc.
(Dkt. 1262) is granted inasmuch as that entity did not oppose the Receivers’ motion. All

proceedings before the Texas Railroad Commission relating to Quest Energy Management
Group, Inc. are enjoined unless authorized by this Court.
2) The Receiver’s Motion for Order to Show Cause Why Sanctions should not be
Imposed against Hatchett Leaseholders and their Representatives for Failure to Comply with the
Court’s Order Appointing Receiver (Dkt. 1262) is denied for the reasons announced on the
record at the conclusion of the hearing.
3) The Motions for Leave to File Suit and for Declaratory Relief against the Receiver
Individually and in his Capacity as Receiver for Quest Energy Management Group, Inc. (Dkts.
1269 & 1271) are denied.
4) The parties shall submit memoranda of law no later than April 19, 2017, addressing
whether “The Hatchett Lease” did or did not expire on April 15, 2016.

DONE AND ORDERED at Tampa, Florida, on March 22, 2017.

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

Counsel of Record

-2-