Securities and Exchange Commission v. Nadel et al
STIPULATION re 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, 1293 Order on Motion for Extension of Time to File Response/Reply by La Bellasara Condominium Association, Inc.. (Garcia, Martin)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
SECURITIES AND EXCHANGE
Case No.: 8:09-cv-87-T-26TBM
ARTHUR NADEL; SCOOP CAPITAL,
LLC; SCOOP MANAGEMENT, INC.
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
STIPULATION BETWEEN LA BELLASARA CONDOMINIUM ASSOCIATION,
INC. AND WELLS FARGO, N.A. IN RESPONSE TO COURT’S ORDER OF
JUNE 13, 2017(DKT. 1293)
In response to this Court’s Order dated June 13, 2017, La Bellasara
Condominium Association, Inc., and Wells Fargo, N.A,. by and through their
undersigned counsel, hereby file the following stipulation as to the Receiver’s Unopposed
Motion filed on June 12, 2017(Dkt. 1291):
On June 12, 2017, Burton W. Wiand, as Receiver filed Receiver's
Unopposed Motion for: (I) Approval of Settlement with Wells Fargo, N.A.; (II) Entry of
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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 [Doc 1291].
La Bellasara Condominium Association, Inc. ("La Bellasara") filed a
Motion for Time to File Potential Objection [Doc 1292].
On June 13, 2017, the Court entered an Order granting La Bellasara's
Motion and ordered that La Bellasara file its potential objection on or before June 20,
La Bellasara Condominium Association does not object to the relief
requested in the Unopposed Motion, except the proposed disbursement to Wells Fargo
from the sale of the LaBellasara Property in the amount of $2,106,140.29 (the “Sale
Proceeds”). Wells Fargo and La Bellasara Condominium Association agree and stipulate
to the Receiver disbursing $103,109.60 (the “Association Funds”) to La Bellasara
Condominium Association from the Sale Proceeds in full and complete satisfaction of La
Bellasara Condominium Association’s claim for past due assessments, interest, fees and
expenses against the La Bellasara Property while the Receiver owned the La Bellasara
Property. After payment of the Association Funds, the remaining Sale Proceeds shall be
disbursed to Wells Fargo.
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LOCAL RULE 3.01(g) CERTIFICATION
The undersigned counsel for La Bellasara has conferred with counsel for the
Receiver and counsel for the Securities and Exchange Commission and is authorized to
represent that they do not object to the disbursement agreed upon by La Bellasara and
Wells Fargo as reflected in this Stipulation.
/s/ Steven R. Wirth_______________________
Steven R. Wirth, FBN: 170380
401 E. Jackson Street, Ste. 1700
Tampa, FL 33602
Telephone ~ (813) 223-7333
Facsimile ~ (813) 223-7837
Attorneys for Wells Fargo, N.A.
/s/ Martin Garcia ______________________
Martin Garcia, FBN: 0817597
1626 Ringling Blvd., Ste. 300
Sarasota, FL 34236
Telephone ~ (941) 366-8888
Facsimile ~ (941) 954-7777
Attorneys for La Bellasara Condominium
CERTIFICATE OF SERVICE
I CERTIFY that on this 20th 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/ Martin Garcia
Martin Garcia, FBN: 0817597
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