Securities and Exchange Commission v. Nadel et al

Filing 1298

Unopposed MOTION for clarification re 1296 Order on Motion for Settlement, 1297 Order pdf by Burton W. Wiand. (Sharp, Susan)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SECURITIES AND EXCHANGE COMMISSION Plaintiff, v. ARTHUR NADEL, SCOOP CAPITAL, LLC, SCOOP MANAGEMENT, INC., Defendants, CASE NO.: 8:09-0087-T-26TBM 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, LLC. Relief Defendants. _______________________________________________/ RECEIVER’S UNOPPOSED MOTION TO CLARIFY ORDER FOR DISBURSEMENT OF THE LA BELLASARA PROPERTY SALE PROCEEDS Burton W. Wiand, as Receiver (the “Receiver”) respectfully requests the Court to enter an order clarifying disbursements to Wells Fargo Bank, N.A. ("Wells Fargo") and La Bellasara Condominium Association (the “Condo Assoc.”) as set forth in the Order (Doc. No. 1296) and Order (Doc. No. 1297) entered on June 21, 2017. In support of this Motion, the Receiver states as follows: 41928439;1 BACKGROUND 1. On June 12, 2017, the Receiver filed 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 “Disbursement Motion”)(Doc. No. 1291).1 2. Attached as Exhibit “E” to the Disbursement Motion was a proposed order granting the Disbursement Motion, which was entered on June 21, 2017 (the “Disbursement Order”)(Doc. No. 1296). 3. Paragraph 3 of the Disbursement Order directs the Receiver to disburse $2,106,140.29 to Wells Fargo on account of the La Bellasara Property. However, as a result of stipulation between Wells Fargo and the Condominium Assoc. (Doc. No. 1295), the amount the Receiver should disburse to Wells Fargo on account of the La Bellasara Property sale proceeds should be $2,003,030.69 since the Receiver is now directed to disburse $103,109.60 directly to the Condo Assoc. pursuant to Order (Doc. No. 1296). WHEREFORE, the Receiver respectfully requests that the Court enter an order in the form attached as Exhibit “A” (i) granting this Motion; (ii) authorizing the Receiver to disburse $2,003,030.69 to Wells Fargo account of the La Bellasara Property, within three days of the Court's Order; and striking paragraph 3 of the Court’s Order (Doc. No. 1296); and (iii) granting such other and further relief as this Court deems just and proper. 1 Undefined capitalized terms used herein shall have the same meaning as described in the Disbursement Motion. 2 41928439;1 LOCAL RULE 3.01(g) CERTIFICATION The undersigned counsel for the Receiver has conferred with counsel for the Wells Fargo and La Bellasara Condominium Association and is authorized to represent to the Court that they have no objection to the relief sought herein. /s/ Susan Heath Sharp Susan Heath Sharp (FBN 716421) Stichter Riedel Blain & Postler, P.A. 110 E. Madison St., Ste. 200 Tampa, FL 33602 Telephone: 813-229-0144 Facsimile: 813-229-1811 Email: And /s/Sean P. Keefe Sean P. Keefe (FBN 413828) James Hoyer, P.A. 4830 West Kennedy Boulevard, Suite 550 Tampa, Florida 33609 Phone: 813-397-2300 Fax: 813-397-2310 Email: Attorneys for the Receiver CERTIFICATE OF SERVICE I hereby certify that on June 21, 2017, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system. /s/Susan Heath Sharp Attorney 3 41928439;1

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