Securities and Exchange Commission v. Nadel et al

Filing 50

STATUS REPORT by Securities and Exchange Commission. (Masel, Scott)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. CASE NO. 8:09-cv-87-T-26TBM 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 Relief Defendants. / PLAINTIFF SECURITIES AND EXCHANGE COMMISSION'S STATUS REPORT Plaintiff Securities and Exchange Commission files this status report on its intent to move for default against Defendant Arthur Nadel. Defendant Nadel's response to the Commission's Complaint (D.E. 1) is past due, and the Commission intends to seek a default against him. The Commission is aware of Rules 1.07 and 7.02 of the Local Rules for the United States District Court for the Middle District of Florida and intends to comply fully with them. Because Nadel is presently unrepresented and incarcerated, having moved from prison facilities in Florida and Oklahoma to New York, the Commission's undersigned counsel has sent a letter to Nadel asking him to inform the Commission by March 2, 2009 regarding his intentions for a response. If the

Commission receives no communication by that date, the Commission will quickly move for default against Nadel. February 20, 2009 By: Respectfully submitted, s/ Scott A. Masel Scott A. Masel Senior Trial Counsel Florida Bar No. 0007110 Direct Dial: [phone] E-mail: [e-mail] Lead and Trial Counsel Attorney for Plaintiff SECURITIES AND EXCHANGE COMMISSION 801 Brickell Avenue, Suite 1800 Miami, Florida 33131 Telephone: [phone] Facsimile: [phone] CERTIFICATE OF SERVICE I hereby certify that on February 20, 2009, 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. Fowler White Boggs, P.A. 501 East Kennedy Blvd., Suite 1700 Tampa, FL 33602 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Court-appointed Receiver for Corporate Defendants and Relief Defendants Carl R. Nelson, Esq. Fowler White Boggs, P.A. 501 East Kennedy Blvd., Suite 1700 Tampa, FL 33602 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Counsel for Receiver Burton W. Wiand

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Gianluca Morello, Esq. Fowler White Boggs, P.A. 501 East Kennedy Blvd., Suite 1700 Tampa, FL 33602 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Co-counsel for Receiver Burton W. Wiand Ashley Bruce Trehan, Esq. Fowler White Boggs, P.A. 501 East Kennedy Blvd., Suite 1700 Tampa, FL 33602 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Co-counsel for Receiver Burton W. Wiand Maya M. Lockwood, Esq. Fowler White Boggs, P.A. 501 East Kennedy Blvd., Suite 1700 Tampa, FL 33602 Telephone: [phone] Facsimile: [phone] Co-counsel for Receiver Burton W. Wiand Donald R. Kirk, Esq. Fowler White Boggs, P.A. 501 East Kennedy Blvd., Suite 1700 Tampa, FL 33602 Telephone: [phone] Facsimile: [phone] Co-counsel for Receiver Burton W. Wiand I further certify that on the same date I mailed the foregoing document and the notice of electronic filing by U.S. Mail or as indicated below to the following non-CM/ECF participant: Arthur G. Nadel and Register No. 50690-018 MCC New York - Metropolitan Correctional Center 150 Park Row New York, NY 10007 Via U.S. Mail s/ Scott A. Masel Scott A. Masel, Esq. 3966 Countryview Drive Sarasota, FL 34233 Via U.S. Mail

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