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)

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.

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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
[e-mail]
Jordan D. Maglich, FBN 0086106
[e-mail]
WIAND GUERRA KING P.A.
5505 West Gray Street
Tampa, Florida 33609
T: [phone]
F: [phone]
Attorneys for the Receiver, Burton W. Wiand

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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

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