Securities and Exchange Commission v. Nadel et al

Filing 456

MOTION for Hearing and for Instructions by E. John Lopez, Norton Hammersley Lopez & Skokos. (Chapman, John)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. ARTHUR NADEL; SCOOP CAPITAL, LLC; and 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. / MOTION FOR INSTRUCTIONS AND EX PARTE HEARING Movants, NORTON, HAMMERSLEY, LOPEZ & SKOKOS, P.A., and E. JOHN LOPEZ, move this Court for an order for instructions pursuant to this Court's Orders appointing receiver (Docs. #8, 140, 316) (collectively "Order Appointing Receiver"), and says 1. Recently, Movants received a communication, the subject of which may be Case No. 8:09-cv-87-T-26TBM

required to be disclosed to the Receiver, pursuant to this Court's Order Appointment Receiver. 2. It is Movants' belief that the communication is protected by the attorney-client

privilege, and therefore, cannot be disclosed to any party, without the consent of the client. 3. While not wanting to violate this Court's Order Appointing Receiver, the

Movants have a seemingly conflicting duty to preserve the confidence of the communication.

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4.

Movants request this Court to conduct an in-camera hearing/inspection, and

instruct Movants with regard to their obligations regarding this communication and the Court's Order Appointing Receiver. WHEREFORE, Movants, NORTON, HAMMERSLEY, LOPEZ & SKOKOS, P.A., and E. JOHN LOPEZ, move this Court for an order setting an in-camera hearing/inspection to advise Movants as to the applicability of the Court's Order Appointing Receiver, together with such other and further relief as this Court deems just and proper. Respectfully submitted, _/s/ John Chapman John W. Chapman, Jr. Florida Bar No. 0846820 [e-mail] NORTON, HAMMERSLEY, LOPEZ & SKOKOS, P.A. 1819 Main Street, Suite 610 Sarasota, Florida 34236 Ph: [phone] Fx: [phone] Attorney for Movants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished either electronically or by U.S. mail on August 17, 2010 to the following: Arthur G. Nadel Register No. 50690-018 Metropolitan Correction Center, New York 150 Park Row New York, New York 10007

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Marguerite Nadel 3966 Country View Drive Sarasota, Florida 34233 Gianluca Morello, Esq. Wiand Guerra King P.L. 3000 Bayport Drive, Suite 600 Tampa, Florida 33607 [e-mail]

NORTON, HAMMERSLEY, LOPEZ & SKOKOS P.A. 1819 Main Street, Suite 610 Sarasota, FL 34236 [phone]/telephone [phone]/facsimile By: _/s/ John Chapman__________ John W. Chapman, Jr. Florida Bar No. 0846820 [e-mail]

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