Securities and Exchange Commission v. Nadel et al

Filing 1400

MOTION for Extension of Time to File /Serve Objecting Claimants with Notification of Receiver's Evaluation of Objections by Burton W. Wiand. (Perez, Jared)

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-33CPT

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.

/

RECEIVER’S MOTION FOR FOURTEEN-DAY EXTENSION
OF DEADLINE TO SERVE OBJECTING CLAIMANTS WITH
NOTIFICATION OF RECEIVER’S EVALUATION OF OBJECTIONS
Burton W. Wiand, as receiver (the “Receiver”) for Quest Energy Management
Group, Inc. (“Quest”), respectfully moves the Court to extend the deadline for serving
notifications of the Receiver’s evaluation of objections from June 3, 2019 to June 17, 2019.
On March 7, 2019, the Receiver filed his Motion to (1) Approve Determinations and
Priority of Claims, (2) Pool Receivership Assets and Liabilities, (3) Approve Plan of

Distribution, and (4) Establish Objection Procedure (the “Motion”) (Doc. 1383). The Court
granted the Motion on March 15, 2019 (the “Order”) (Doc. 1384). Pursuant to the Order,
claimants had until April 19, 2019 to submit an objection to the Receiver’s determination of
their respective claims, claim priority, or plan of distribution.
The Receiver received objections from claimants in connection with eleven claims
(Claim Numbers 1, 2, 3, 4, 5, 17, 72, 73, 74, 75, and 79). See also Receiver’s Notice of
Objections Regarding Claims Process for Quest Energy Management Group, Inc. (Doc.
1395). The next step in the objection procedure approved by the Court requires the Receiver
to evaluate the objections and to notify the objecting claimants of his evaluations by June 3,
2019 (the “Notifications”). A brief extension of this deadline is necessary because the
Receiver is completing the sale of most Quest assets and is preparing a motion to approve the
sale, which he anticipates filing shortly. While the Receiver has done substantial work
toward completing the Notifications, due to the efforts needed to complete the sale of Quest’s
assets, the Receiver requires additional time to finalize and serve the Notifications. The
requested extension is not being sought to delay the proceedings or for any other improper
reason, and no party will be prejudiced by the brief extension.
WHEREFORE, the Receiver respectfully requests a fourteen-day extension of the
deadline for serving Notifications of the Receiver’s evaluation of objections from June 3,
2019 to June 17, 2019.

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CERTIFICATE UNDER LOCAL RULE 3.01(g)
Undersigned counsel for the Receiver has conferred with counsel for the SEC and is
authorized to represent to the Court that the SEC does not oppose the relief requested in this
motion. Counsel for the Receiver has not conferred with the nonparty claimants.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on May 30, 2019, I electronically filed the foregoing
with the Clerk of the Court by using the CM/ECF system.
s/Jared J. Perez
Jared J. Perez, FBN 0085192
[e-mail]
WIAND GUERRA KING P.A.
5505 W. Gray Street
Tampa, FL 33609
Tel: [phone]
Fax: [phone]
Attorney for the Receiver

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