Securities and Exchange Commission v. Nadel et al

Filing 1316

NOTICE of compliance re 1315 Order on Motion to Strike by Burton W. Wiand (Lamont, Michael)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Case No. 8:09-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, AND VIKING MANAGEMENT, Relief Defendants. / NOTICE OF COMPLIANCE WITH COURT ORDER DATED OCTOBER 4, 2017 On September 15, 2017, Burton W. Wiand, as Receiver (the “Receiver”) filed a Motion to Enforce Constructive Trust Through Turnover of Real Property, or in The Alternative, Through Foreclosure of The Receiver’s Equitable Lien (Doc. 1310) (the “Motion”), along with his Declaration in support of the Motion (Doc. 1311). Prior to filing the Motion, counsel for the Receiver conferred with counsel for the Lee’s, Mr. Benjamin Martin, regarding the Motion. Mr. Martin, on behalf of the Lee’s, confirmed in writing that they objected to the relief sought. That same day, the Motion and Declaration were sent via 1 U.S. Mail and email to Mr. Martin. At no point did Mr. Martin indicate that he did not represent the Lee’s or that the Motion should be served directly to them. On October 4, 2017, the Court entered an Order (Doc. 1315) directing the Receiver to immediately send a copy of the Motion (Doc. 1310) and his Declaration (Doc. 1311) to Vernon Lee and Manon Summers-Lee to their address of 4018 Via Mirada, Sarasota, Florida 34238. The Receiver hereby files this notice to inform the Court that he has complied with the Order. On October 4, 2017, counsel for the Receiver sent a copy of the Motion and Declaration to Vernon Lee and Manon Sommers-Lee via Federal Express to the aforementioned address. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on October 4, 2017, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system. s/Michael Lamont Michael S. Lamont FBN 0527122 Jared J. Perez, FBN 0085192 Wiand Guerra King P.L. 3000 Bayport Drive, Suite 600 Tampa, FL 33607 Tel: (813) 347-5100 Fax: (813) 347-5198 Attorneys for the Receiver, Burton W. Wiand 2

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