Securities and Exchange Commission v. Nadel et al

Filing 182

Unopposed MOTION for leave to file Reply in Support of Receiver's Motion to Enjoin State Court Proceedings and for Possession of Jewelry by Burton W. Wiand. (Nelson, Carl)

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Securities and Exchange Commission v. Nadel et al Doc. 18 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, 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. ____________________________________/ UNOPPOSED RECEIVER'S MOTION FOR LEAVE TO REPLY TO LOUIS PAOLINO'S RESPONSE TO THE RECEIVER'S MOTION TO ENJOIN AND FOR POSSESSION Burton W. Wiand, as Receiver ("the Receiver"), under Local Rule 3.01(c) and by his undersigned counsel, moves the Court for an order granting the Receiver leave to file a reply to Louis Paolino's Response to Receiver's Motion to Enjoin State Court Proceedings and for Possession of Jewelry (Doc. 181) in further support of the Receiver's motion (Doc. 177). Case No. 8:09-cv-0087-T-26TBM MEMORANDUM IN SUPPORT The issues raised by the Receiver's motion (Doc. 177) are significant to all defrauded investors, for whose benefit the Receiver was appointed. See Order Reappointing Receiver, Doc. 140 at 2. The Receiver seeks not only jewelry with significant value--he also seeks to prevent depletion of other assets acquired with funds transferred from Receivership Entities to Neil V. Moody and Christopher D. Moody. The Receiver believes a reply would assist the Court in the resolution of the issues currently before the Court by clarifying the applicable law and facts. LOCAL RULE 3.01(g) CERTIFICATION OF COMPLIANCE The undersigned counsel for the receiver has conferred with counsel for Mr. Paolino and is authorized to represent that Mr. Paolino has no objection to the Receiver's filing a reply. CERTIFICATE OF SERVICE I hereby certify that on August 27, 2009, I electronically filed this document with the Clerk of the Court by using the CM/ECF system. This will send a Notice of Filing to all counsel who have appeared in this action, including Paolino's counsel, Morgan R. Bentley. I further certify that I also served this document on the non-CM/ECF recipients listed below in the manner indicated: Arthur G. Nadel (by mail) Register No. 50690-018 Metropolitan Correctional Center, New York 150 Park Row New York, NY 10007 2 The Honorable Charles E. Williams (by email to his assistant: Lisa Fudge-Schustik []) 2000 Main Street Room 108 Sarasota, Florida 34237 Robert Elliot (State Court Receiver) (by fax 941-798-3163) s/ Carl R. Nelson Carl R. Nelson, FBN 0280186 Gianluca Morello, FBN 034997 Maya M. Lockwood, FBN 0175481 Ashley Bruce Trehan, FBN 0043411 FOWLER WHITE BOGGS P.A. P.O. Box 1438 Tampa, FL 33601 T: (813) 228-7411 F: (813) 229-8313 Attorneys for the Receiver, Burton W. Wiand 42317162v1 3

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