Securities and Exchange Commission v. Nadel et al

Filing 1392

Unopposed MOTION to Continue April 29, 2019 Hearing by Securities and Exchange Commission. (Attachments: # 1 Notice of Deposition of Darice Lang)(Levenson, Robert)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SECURITIES AND EXCHANGE COMMISSION, v. Plaintiff, ARTHUR NADEL, SCOOP CAPITAL, LLC, SCOOP MANAGEMENT, INC. CASE NO. 8:09-cv-87-T-26TBM 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. / PLAINTIFF’S UNOPPOSED MOTION TO RESCHEDULE APRIL 29, 2019 HEARING Plaintiff Securities and Exchange Commission respectfully requests that the Court reschedule the hearing it noticed for April 29, 2019 on the First National Bank of Albany’s Motion to Alter or Amend Judgment or Order (“Motion”) until either May 8 or May 16, 2019 due to a previously scheduled conflict. Neither the Bank nor the Receiver oppose this motion, and counsel for both have indicated they are available on the two requested dates. In support, the Commission states as follows: On April 3, 2019, the Court noticed a hearing for April 29, 2019 at 1:30 p.m. (DE 1390) on the Bank’s Motion (DE 1387). Undersigned counsel for the Commission had for the same day previously scheduled a deposition of a third-party witness in another case in which the undersigned is primary counsel involving four parties in addition to the witness and several attorneys. A copy of the notice is attached. Undersigned counsel has been the only Commission lawyer assigned to this case for the last several years and is the only Commission attorney with knowledge of the issues raised in the Motion, the subsequent Court order addressing the Motion (DE 1388) and in the Commission’s joint response with the Receiver (DE 1391). Given the Court’s concern in DE 1388 with the procedure the Receiver employed in his claims determination motion and the Commission’s participation in the joint response, the undersigned regards it as extremely important to attend the hearing and answer any of the Court’s questions concerning the procedure in this case, general Receivership procedures, and how the Bank’s claim is addressed through those procedures. Accordingly, the Commission requests that the Court reschedule the hearing until either May 8 or 16, 2019 – dates both the Receiver’s counsel and the Bank’s counsel have represented they are available. CERTIFICATE OF CONFERRAL Pursuant to Middle District of Florida Local Rule 3.01(g), the Commission has conferred with counsel for the Receiver and the Bank, both of whom do not oppose this motion and also request one of the two dates in the motion if the Court grants it. Date: April 12, 2019 Respectfully submitted, By: s/Robert K. Levenson____ Robert K. Levenson Senior Trial Counsel Florida Bar No. 0089771 Direct Dial: (305) 982-6341 E-mail: Attorney for Plaintiff Securities and Exchange Commission 2 801 Brickell Avenue, Suite 1800 Miami, Florida 33131 Telephone: (305) 982-6300 Facsimile: (305) 536-4154 CERTIFICATE OF SERVICE I hereby certify that on April 12, 2019, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to the following: Burton W. Wiand, Esq. Wiand Guerra King P.L. 5505 West Gray Street Tampa, FL 33609 Telephone: (813) 347-5100 Facsimile: (813) 347-5199 Court-appointed Receiver for Corporate Defendants and Relief Defendants Jared Perez, Esq. Wiand Guerra King P.L. 5505 West Gray Street Tampa, FL 33609 Telephone: (813) 347-5100 Facsimile: (813) 347-5199 Email: Counsel for Receiver Burton W. Wiand Raymond J. Rotella, Esq. Kosto & Rotella, P.A. P.O. Box 113 Orlando, FL 32802 Telephone: (407) 425-3456 Facsimile: (407) 423-5498 Email: Counsel for First National Bank of Albany s/ Robert K. Levenson Robert K. Levenson, Esq. 3

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