Securities and Exchange Commission v. Nadel et al

Filing 1280

MOTION for Extension of Time to File Supplemental Briefing Regarding Harchett Lease by Burton W. Wiand. (Maglich, Jordan)

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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-0087-T-26TBM ARTHUR NADEL, SCOOP CAPITAL, LLC, 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, Relief Defendants. ____________________________________/ RECEIVER’S MOTION FOR ENLARGEMENT OF TIME TO SUBMIT SUPPLEMENTAL BRIEFING REGARDING HATCHETT LEASE Burton W. Wiand, in his capacity as Receiver for Quest Energy Management Group, Inc. (the “Receiver”), moves this Court for entry of an order enlarging the deadline pursuant to which the Receiver and various parties with interests in the Hatchett Lease must submit briefing reflecting their respective positions on the expiration of the Hatchett Lease by seven days, through and including April 26, 2017. The Receiver filed his Verified (1) Emergency Motion to Enjoin/Stay Texas Railroad Commission Administrative Proceeding against Receivership Entity Quest Energy Management Group, Inc. and (2) 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 (the “Motion”) (Doc. 1261) on March 3, 2017. Following a hearing on the Motion on March 22, 2017, that was attended by the Receiver, the Receiver’s counsel, and several parties with an interest in the Hatchett Lease, the Court entered an Order requiring the parties to submit briefing on or before April 19, 2017 (the “Briefing Deadline”), regarding their respective positions on whether the Hatchett Lease had expired (Doc. 1272). The Receiver’s lead trial counsel, Gianluca Morello, recently left Wiand Guerra King P.A., and the Court entered an Order on April 11, 2017, granting Mr. Morello’s motion to withdraw from this matter as counsel for the Receiver (Doc. 1278). Given Mr. Morello’s familiarity with the issues and his role as lead trial counsel, the Receiver respectfully seeks a one-week extension of the Briefing Deadline to allow his remaining counsel to adequately address the instant issues. The extension is not sought for purposes of delay. Further, Mr. Byron Hatchett, one of the leaseholders in the Hatchett Ranch, has communicated to the undersigned that he does not oppose this request for enlargement. The Receiver’s counsel has attempted to contact Mr. John Carney, another Hatchett Ranch leaseholder, by both phone and email but has not received a response as of the time this motion was filed. WHEREFORE, Burton W. Wiand, as Receiver, seeks the entry of an order enlarging the time in which the parties may submit briefing regarding their respective positions on the expiration of the Hatchett Lease through and including April 26, 2017. 2 LOCAL RULE 3.01(g) CERTIFICATION The undersigned counsel for the Receiver conferred with counsel for the SEC on April 12, 2017, and the SEC does not object to the relief sought in this Motion. The undersigned counsel also conferred with Byron Hatchett on April 12, 2017, who has indicated he does not object to the relief sought in this Motion. The undersigned has attempted to contact Mr. John Carney by both email and telephone on April 12, 2017, but has not received a response as of the time of the filing of this motion. In the event that Mr. Carney subsequently communicates his position, the undersigned will supplement this certification accordingly. Respectfully submitted, /s/ Jordan D. Maglich Michael Lamont, FBN 527122 mlamont@wiandlaw.com Jordan D. Maglich, FBN 0086106 jmaglich@wiandlaw.com WIAND GUERRA KING P.A. 5505 West Gray Street Tampa, Florida 33609 T: (813) 347-5100 F: (813) 347-5199 Attorneys for the Receiver, Burton W. Wiand 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on April 12, 2017, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system. I FURTHER CERTIFY that on April 12, 2017, a true and correct copy of the foregoing was provided via U.S. First Class Mail to the following: John H. Carney, Esq. John H. Carney & Associates 5005 Greenville Ave., Suite 200 Dallas, Texas 75206 Byron W. Hatchett Hatchett Law Firm P.O. Box 3374 Abilene, Texas 79510 /s/ Jordan D. Maglich Attorney 4

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