Securities and Exchange Commission v. Nadel et al

Filing 1364

Unopposed MOTION for miscellaneous relief, specifically from Injunction Joint Motion with BB&T by Burton W. Wiand. (Attachments: # 1 Exhibit Proposed Order)(Perez, Jared)

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
Before the Court is the Receiver and Branch Banking & Trust’s Unopposed, Joint
Motion for Relief from Injunction (the “Motion”) (Dkt. ___). After careful consideration of
the Motion and the applicable law, the Court concludes that the motion should be
GRANTED. BB&T is granted leave from the injunction imposed by the orders appointing
and reappointing the Receiver to enforce its secured interest through a state court foreclosure
action on the real property titled in the name of Laurel Preserve, LLC and located in
Buncombe County, North Carolina, as described in the Motion.

BB&T is authorized to serve and the Receiver (on behalf of himself, Laurel Preserve,
LLC, and Laurel Mountain Preserve, LLC) is authorized to accept service of process of the
necessary pleadings and notices in BB&T’s state court foreclosure action. All pleadings and
notices intended for the Receiver shall be mailed to him at the following address: Wiand
Guerra King P.A., 5505 W. Gray Street, Tampa, FL 33609.

DONE and ORDERED in chambers in Tampa, Florida this ____ day of
_____________, 2018.

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

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