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)

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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 2

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