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).
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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