Securities and Exchange Commission v. Nadel et al

Filing 1283

Unopposed MOTION to extend time to May 5, 2017 to submit supplemental briefing regarding Hatchett Lease by Burton W. Wiand. (Maglich, Jordan) Modified text on 4/26/2017 (KMM).

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 SECOND UNOPPOSED 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 ten days, through
and including May 5, 2017. The requested extension is unopposed by all relevant parties and,
as set forth below, the Receiver submits that an extension is warranted given that: (1) the parties
have begun discussions about a potential resolution of this matter; (2) Mr. Hatchett, a Hatchett

Ranch lessor, has been in trial; and (3) Mr. Carney, a Hatchett Ranch lessor, is currently
hospitalized.
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 Court
subsequently granted the Receiver’s motion to enlarge the deadline from April 19, 2017 to April
26, 2017, due to the withdrawal of the Receiver’s lead trial counsel (Doc. 1281).
Recently, the Receiver and two of the Hatchett Ranch lessors have engaged in
preliminary discussions regarding the potential resolution of this dispute, and it would seem
prudent to devote the parties’ resources to seeing whether or not a resolution is possible. These
discussions have been preliminary as Mr. Hatchett has, until recently, been in trial. Additionally,
the Receiver’s counsel was informed on April 25, 2017, that Mr. John Carney, a Hatchett Ranch
lessor, is currently in the hospital and unable to meet the Briefing Deadline. Given these issues,
the Receiver respectfully seeks a ten-day extension of the Briefing Deadline to allow the parties
to explore resolution. The extension is not sought for purposes of delay. Further, both Messrs.
Hatchett and Carney have indicated that they do not oppose this request for enlargement.

2

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 May 5, 2017.
LOCAL RULE 3.01(g) CERTIFICATION
The undersigned counsel for the Receiver conferred with counsel for the SEC on April
25, 2017, and the SEC does not object to the relief sought in this Motion. The undersigned
counsel also conferred with Byron Hatchett on April 25, 2017, who has indicated both he and
Mr. John Carney do not object to the relief sought in this Motion.

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

3

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on April 26, 2017, I electronically filed the foregoing with
the Clerk of the Court by using the CM/ECF system.
I FURTHER CERTIFY that on April 26, 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