Securities and Exchange Commission v. Nadel et al

Filing 1292

MOTION for Extension of Time to File Response/Reply as to 1291 Unopposed MOTION for Settlement with Wells Fargo; Entry of an Order Authorizing Disbursement of Sale Proceeds to Wells Fargo; and Relief from Injunction, Permitting Wells Fargo to Foreclose on the Laurel Mountain Property by La Bellasara Condominium Association, Inc.. (Garcia, Martin)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
Case No.: 8:09-cv-87-T-26TBM
v.
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, LTC; VICTORY
FUND, LTD; VIKING IRA FUND, LLC;
VIKING FUND, LLC; and VIKING
MANAGEMENT, LLC,

LA BELLASARA CONDOMINIUM ASSOCIATION's
MOTION FOR TIME TO FILE POTENTIAL OBJECTION
La Bellasara Condominium Association, Inc. ("Association") moves the Court
for an Order granting it a period of time of at least seven (7) days to file a potential
objection to the RECEIVER’S UNOPPOSED MOTION FOR: (I) APPROVAL OF
SETTLEMENT WITH WELLS FARGO, N.A; (II) ENTRY OF AN ORDER
AUTHORIZING DISBURSEMENT OF SALE PROCEEDS TO WELLS FARGO,
N.A.; (III) AND RELIEF FROM INJUNCTION, PERMITTING WELLS FARGO
TO FORECLOSE ON THE LAUREL MOUNTAIN PROPERTY (the "Receiver's
Motion) and states:

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1.

On June 12, 2017, the Receiver's Motion (D.E. 1291) was filed.

Notably, the motion indicates it was "unopposed."

Prior to filing its Motion,

however, the Receiver did not confer with the Association as to whether it had any
objections as to the relief sought in the Receiver's Motion.
2.

The Association has a claim for a significant amount of unpaid

condominium assessments and related expenses concerning the "La Bellasara
Property" and believes its claim may in fact be superior to the seconday Wells Fargo
interest in the property identified in the Receiver's Motion.
3.

It was the Association's understanding that monies from the sale of the

"La Bellasara Property" would not be disbursed without consideration of the claims to
such monies posed by the Association. Therefore, the Association seeks a period of
time to respond before the Court might grant the "unopposed" motion filed by the
Receiver.
4.

Primary counsel for the Association is currently in South America for

a wedding and will not return to the office until June 15th.
5.

Accordingly, the Association requests that it be granted at least a seven

(7) day period to file an objection to the Receiver's Motion or, alternatively, it will
file a notice that it poses no objection to the motion.
WHEREFORE, the Association requests the entry of an Order granting it a
minimum of seven (7) days to file a potential objection to the Receiver's Motion.
LOCAL RULE 3.01(g) CERTIFICATION

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Given the urgency of filing a response to the "unopposed" motion of the Receiver
before the Court might enter an Order thereupon, the undersigned has not had the opportunity
to confer with other counsel as of the time of filing this motion. The undersigned will
undertake to confer and update this certification as expeditiously as possible.
Respectfully submitted,

s/Josh R. Dell
Florida Bar No: 0092341
[e-mail]
MATTHEWS EASTMOORE
1626 Ringling Blvd, Suite 300
Sarasota, FL 34236
[phone]
[phone] Facsimile
Attorneys for La Bellasara Condominium
Association, Inc.

CERTIFICATE OF SERVICE
I CERTIFY that on this 12th day of June, 2017, I electronically filed the foregoing
with the Clerk of Court by using the CM/ECF system, which will send a notice of electronic
filing to counsel of record.

s/Josh R. Dell

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