Securities and Exchange Commission v. Nadel et al

Filing 474

ORDER ATTACHED denying without prejudice for failure to comply with Local Rule 3.01(g) #473 Motion to Compel, directing parties to confer on or before 9/3/2010, and directing the clerk to send copy of attached order to nonparty counsel. Signed by Judge Richard A. Lazzara on 8/31/2010. (CCB)

Securities and Exchange Commission v. Nadel et al

Doc. 474

UNITED STATES DISTRICT COURT M I D D L E DISTRICT OF FLORIDA T A M P A DIVISION

S E C U R IT IE S AND EXCHANGE COMMISSION, P la in tif f , v. A R T H U R NADEL, SCOOP CAPITAL, LLC, S C O O P MANAGEMENT, INC., D e f e n d a n ts, S C O O P REAL ESTATE, L.P., V A L H A L L A INVESTMENT PARTNERS, L.P., V A L H A L L A MANAGEMENT, INC., V IC T O R Y IRA FUND, LTD., V IC T O R Y FUND, LTD., V IK IN G IRA FUND, LLC, V IK IN G FUND, LLC, and V IK IN G MANAGEMENT, LLC, R e lie f Defendants. / C A S E NO: 8:09-cv-87-T-26TBM

ORDER Upon due consideration of the Receiver's submissions, it is ordered and adjudged that the Motion to Compel (Dkt. 473) is denied without prejudice for failure to comply with the requirement of Local Rule 3.01(g). The sending of a letter to opposing counsel followed by no response before filing the motion does not comply with the rule. This Court requires that counsel confer personally with opposing counsel before filing the motion. Accordingly, counsel for the

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parties are directed to confer personally on or before September 3, 2010, in a good faith effort to resolve the issues raised in the motion. In the event they are unable to do so, the Receiver's counsel may refile the motion, following which the Court will direct an expedited response and schedule an expedited hearing. Counsel are put on notice that this Court will impose sanctions on a party or attorney who has failed to act in good faith. T h e clerk is directed to send a copy of this order to Gregory Brown, counsel for n o n p a rty Managed Capital, LLC, at the following address: [e-mail]. D O N E AND ORDERED at Tampa, Florida, on August 31, 2010.

s/Richard A. Lazzara RICHARD A. LAZZARA U N I T E D STATES DISTRICT JUDGE

COPIES FURNISHED TO:

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