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).

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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 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 Jordan D. Maglich, FBN 0086106 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 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

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