Securities and Exchange Commission v. Nadel et al

Filing 510

MOTION for Gregory P. Brown to withdraw as attorney by Managed Capital, LLC. (Brown, Gregory)

Securities and Exchange Commission v. Nadel et al

Doc. 510

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, Relief Defendants. _________________________________________/ MOTION FOR LEAVE TO WITHDRAW AND INCORPORATED MEMORANDUM OF LAW Pursuant to Local Rule for the Middle District of Florida 2.03(b), the law firm of Hill Ward Henderson (the "Firm") hereby moves for the entry of an order allowing it to withdraw as counsel of record for Managed Capital, LLC (the "Client"), and in support thereof states as follows: 1. Irreconcilable differences have arisen between the Client and the Firm, Case No. 8:09-cv-87-T-26TBM

which render the Firm unable to represent the Client.

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2.

The Client has notified the Firm that it has engaged replacement counsel,

and the Firm has shared replacement counsel's contact information with opposing counsel. 3. On October 19, 2010, the Firm filed and served a notice of intent to

withdraw pursuant to Local Rule 2.03(b). 4. Undersigned counsel has served a copy of this Motion for Leave to

Withdraw on the Client at its last known address: 16970 San Carlos Boulevard, Suite 3233, Fort Myers, Florida 33908, and has discussed its withdrawal with the principal for the Client, who does not object to the Firm's motion. WHEREFORE, the undersigned respectfully requests this Court enter an order allowing the Firm to withdraw as counsel of record for the Client together with such other and further relief as the Court may deem appropriate. MEMORANDUM OF LAW A motion to permissively withdraw is a matter solely within the discretion of the Court. Obermaier v. Driscoll, 2000 WL 33175446 at * 1 (M.D. Fla. December 13, 2000). A Court may permit withdrawal, provided that such withdrawal does not cause delay in the case. Id. The Firm's involvement in this matter has been limited. The Firm does not represent any party in this matter, and was engaged for the purpose of responding to a July 8, 2010 subpoena. The Client has provided to the Firm all the documents it believes are responsive to the subpoena, and the Firm has shared all of those documents with opposing counsel. Replacing the Firm with successor counsel should not

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cause any unreasonable delay in the case. Consequently, in light of the irreconcilable conflict that now exists, this Court should grant the Firm's Motion to Withdraw. RULE 3.01(g) CERTIFICATE OF GOOD FAITH I hereby certify that counsel has conferred with all parties who may be affected by the Withdrawal and that they do not oppose the Court entering an Order permitting the Firm to withdraw as counsel of record for the Client. Dated: October 29, 2010 /s/ Gregory P. Brown Gregory P. Brown, Esquire, FBN 098760 HILL WARD HENDERSON 101 E. Kennedy Boulevard, Suite 3700 Tampa, Florida 33601 [phone] [phone] FAX Attorney for Managed Capital, LLC

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Motion for Leave to Withdraw has been filed electronically with the Clerk of the Court using the CM/ECF system. I further certify that I mailed the foregoing Motion and the notice of electronic filing by first-class mail to the following non-CM/ECF participant on this 29th day of October, 2010: Managed Capital, LLC Attn: James D. Risher 16970 San Carlos Boulevard Suite 3-233 Fort Myers, Florida 33908 /s/ Gregory P. Brown Gregory P. Brown, Esquire FBN 098760 HILL WARD HENDERSON 101 E. Kennedy Boulevard, Suite 3700 Tampa, Florida 33601 [phone] [phone] FAX [e-mail] Attorney for Managed Capital, LLC

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