Securities and Exchange Commission v. Nadel et al

Filing 1340

MOTION to extend time to Respond to Motions Filed by Wells Fargo Bank, N.A. , MOTION for Extension of Time to File Response/Reply as to 1334 MOTION for Attorney Fees and Costs as Administrative Expenses, 1332 MOTION for miscellaneous relief, specifically for an Order Directing Receiver to Turnover Rents from Rite Aid Property by Burton W. Wiand. (Sharp, Susan)

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.
_______________________________________________/
AGREED MOTION FOR EXTENSION OF TIME FOR RECEIVER
TO RESPOND TO MOTIONS FILED BY WELLS FARGO BANK, N.A.
Burton W. Wiand, as Receiver (the “Receiver”) for Valhalla Investment Partners, L.P.;
Viking Fund, LLC; Viking IRA Fund, LLC; Victory Fund, Ltd.; Victory IRA Fund, Ltd.; and
Scoop Real Estate, L.P., seeks an extension of time to file its responses to Wells Fargo’s Motion
for Payment of Certain Fees and Costs as Administrative Expenses (Doc. No. 1334) and Wells
Fargo’s Motion for Order Directing Receiver to Turnover Rents from Rite Aid Property (Doc. No.
1332) (collectively, the “Motions”). Counsel for Wells Fargo has agreed to the relief requested in
this Motion. In support, the Receiver states:

1.

Wells Fargo Bank N.A. (“Wells Fargo”) filed the Motions on December 1, 2017.

2.

The 14-day deadline for the Receiver to file responses to the Motions under Local

Rule 3.01(b) falls on December 15, 2017 (the “Deadline”).
3.

The Receiver seeks a 7-day extension of the Deadline, such that the extended

deadline would fall on Friday, December 22, 2017.
WHEREFORE, the Receiver respectfully requests that the Court enter an order,
substantially in the form as the proposed order attached as Exhibit A: (i) granting this Motion; (ii)
extending the Receiver’s deadline under Local Rule 3.01(b) to December 22, 2017; and (iii)
granting such other and further relief as this Court deems just and proper.
LOCAL RULE 3.01(g) CERTIFICATION
The undersigned has conferred in good faith with counsel for Wells Fargo regarding the
relief requested in this motion. Counsel for Wells Fargo has agreed to the extension requested in
this motion.
/s/ Susan Heath Sharp
Susan Heath Sharp (FBN 716421)
Matthew B. Hale (FBN 0110600)
Stichter Riedel Blain & Postler, P.A.
110 E. Madison St., Ste. 200
Tampa, FL 33602
Telephone: [phone]
Facsimile:
813-229-1811
Email: [e-mail]
[e-mail]
CERTIFICATE OF SERVICE
I hereby certify that on December 14, 2017, I electronically filed the foregoing with the
Clerk of the Court by using the CM/ECF system.
/s/Susan Heath Sharp
Attorney

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EXHIBIT A

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.
_______________________________________________/
ORDER
This cause comes before the Court for consideration of Agreed Motion for Extension of
Time for Receiver to Respond to Motions filed by Wells Fargo Bank, N.A. (the “Motion”)1(Doc.
No. _____). Counsel for the Receiver has represented that Wells Fargo, N.A. has consented to the
relief requested. The Court having considered the Motion and being fully advised in the premises
finds that the Motion should be granted. Accordingly, it is
ORDERED that:

1

All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Motion.

41928439;1

1.

The Motion is Granted.

2.

The deadline under Local Rule 3.01(b) for the Receiver to filed responses and/or

objections to Wells Fargo’s Motion for Payment of Certain Fees and Costs as Administrative
Expenses (Doc. No. 1334) and/or Wells Fargo’s Motion for Order Directing Receiver to Turnover
Rents from Rite Aid Property (Doc. No. 1332) is extended to December 22, 2017.
DONE and ORDERED in chambers in Tampa, Florida this ___________day of
_________, 2017.

/s/
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:
Counsel of Record

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41928439;1