Securities and Exchange Commission v. Nadel et al

Filing 1314

Motion to strike 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 Motion to Strike filed by Vernon M. Lee. (Martin, Benjamin) Modified relief and text on 10/4/2017 (KMM).

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION In re: SECURITIES AND EXCHANGE COMMISSION Plaintiff v. Case No. 9:09-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, VIKING MANAGEMENT, LLC. Relief Defendants. / MOTION TO STRIKE 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 COMES NOW the Defendants, VERNON LEE, and MANON SOMMERS-LEE, by and through the undersigned attorney, and file this motion to strike 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. 1310) and state the following: 1. 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 was sent by email to the undersigned counsel. 2. Although the undersigned counsel represents the defendant and his wife in his bankruptcy case, Case No. 8:15-bk-01038-KRM, he has not represented them before this court by filing a notice of appearance or otherwise. 3. The defendants have not authorized the undersigned to accept service of any papers on their behalf in this case. 4. 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. was not properly served upon the defendants. 5. The defendants are in the process of obtaining representation in this case, and until such time as they have counsel, any and all papers should be required to be served on them in person. CONCLUSION For the foregoing reasons the Defendants pray that this Court enter an order striking 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 for improper service. LOCAL RULE 3.01(g) CERTIFICATION Counsel has attempted to confer with counsel for the Receiver and has not yet received a reply regarding his agreement or opposition to this motion. Counsel will supplement this motion with a response as expeditiously as possible. Dated this 3rd day of October, 2017. /s/ Benjamin G. Martin Benjamin G. Martin Attorney for Appellants 1620 Main Street - Suite 1 Sarasota, Florida 34236 (941) 951-6166 (941) 951-2076 Facsimile Florida Bar No. 464661 skipmartin@verizon.net CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Motion to Strike has been served electronically or by regular U.S. Mail to Michael Lamont, Attorney for Burton W. Wiand, Receiver, Wiand Guerra King P.A., 5505 West Gray Street, Tampa, FL 33609, this 3rd day of October, 2017. /s/ Benjamin G. Martin Benjamin G. Martin Attorney for Appellants 1620 Main Street - Suite 1 Sarasota, Florida 34236 (941) 951-6166 Florida Bar No. 464661 skipmartin@verizon.net

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