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)

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: [phone]
E-mail: [e-mail]
Attorney for Plaintiff
Securities and Exchange Commission

2

801 Brickell Avenue, Suite 1800
Miami, Florida 33131
Telephone: [phone]
Facsimile: [phone]
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: [phone]
Facsimile: [phone]
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: [phone]
Facsimile: [phone]
Email: [e-mail]
Counsel for Receiver Burton W. Wiand
Raymond J. Rotella, Esq.
Kosto & Rotella, P.A.
P.O. Box 113
Orlando, FL 32802
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Counsel for First National Bank of Albany
s/ Robert K. Levenson
Robert K. Levenson, Esq.

3