Securities and Exchange Commission v. Nadel et al

Filing 1310

Verified MOTION for miscellaneous relief, specifically to Enforce Constructive Trust through Turnover of Real Property, or in the Alternative, through Foreclosure of the Receiver's Equitable Lien by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Proposed Order)(Lamont, Michael)

EXHIBIT 1

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-cv-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.
/
ORDER ON THE RECEIVER’S VERIFIED MOTION
TO ENFORCE CONSTRUCTIVE TRUST THROUGH TURNOVER
OF REAL PROPERTY, OR IN THE ALTERNATIVE,
THROUGH FORECLOSURE OF THE RECEIVER’S EQUITABLE LIEN
THIS CAUSE having come before the Court on the Receiver’s Verified Motion To
Enforce Constructive Trust Through Turnover Of Real Property, Or In The Alternative,
Through Foreclosure Of The Receiver’s Equitable Lien [Doc. No. ____], with Vernon M.
Lee and Manon Sommers-Lee, having been duly noticed and having an opportunity to be
heard, the Court, being fully advised in the premises, hereby

ORDERS AND ADJUDGES AS FOLLOWS:
1.

All right, title and interest of Vernon M. Lee and Manon Sommers-Lee, in and

to the below described real property, is hereby conveyed and transferred from Vernon M. Lee
and Manon Sommers-Lee, to Burton W. Wiand, as Receiver:
LOT 71, MARBELLA, ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 33, PAGES 33 THROUGH 33J, OF THE PUBLIC RECORDS OF
SARASOTA COUNTY, FLORIDA
2.

Title to the Property is conveyed and transferred to Burton W. Wiand, as

Receiver, “subject to” all existing liens and mortgages of record.
3.

The Receiver is granted authority to immediately list, market, and sell the

property, with any sale subject to the approval of the Court.
4.

While this Order shall constitute an immediate and automatic conveyance and

transfer of the property to Burton W. Wiand, as Receiver, Vernon M. Lee and Manon
Sommers-Lee are directed to cooperate with the Receiver by signing any documents that may
be required to effectuate this Order, which the Receiver or any title company may reasonably
require.
5.

Vernon M. Lee, Manon Sommers-Lee, and anyone else residing at the

property with them are directed to vacate the property and remove their furnishings and
personal possessions from it no later than 30 days from the date of this Order.

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6.

If Vernon M. Lee, Manon Sommers-Lee, or anyone else residing at the

property with them do not vacate the house and remove their furnishings and personal
possessions by 30 days from the date of this Order, the U.S. Marshal is directed to take any
and all necessary action to remove any resident or furnishings and possessions from the
house.
DONE AND ORDERED in Chambers in Tampa, Hillsborough County, Florida this
____ day of _________, 2017.
___
UNITED STATES DISTRICT COURT JUDGE

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