Securities and Exchange Commission v. Nadel et al

Filing 562

MOTION for Edward O. Savitz, Anne-Leigh Gaylord Moe, Karen S. Cox to withdraw as attorney by Donald H. Rowe. (Moe, Anne-Leigh)

Securities and Exchange Commission v. Nadel et al

Doc. 562

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SECURITIES AND EXCHANGE COMMISSION, Plaintiff, Case No.: 8:09-cv-00087-RAL-TBM v. ARTHUR NADEL, SCOOP CAPITAL, LLC, SCOOP MANAGEMENT, INC., 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, VIKING MANAGEMENT, LLC, Defendants. ________________________________________/ MOTION TO WITHDRAW BUSH ROSS, P.A., Edward O. Savitz, Esq., Anne-Leigh Gaylord Moe, Esq., and Karen S. Cox, Esq. (hereinafter, collectively "Bush Ross") move this Court for leave to withdraw as counsel for non-parties Donald H. Rowe, Joyce A. Rowe, Carnegie Asset Management, Inc., and Wall Street Digest, Inc. (hereinafter, collectively "the Rowe Non-Parties"), pursuant to Local Rule 2.03, and state: 1. The relationship between Bush Ross and the Rowe Non-Parties has become

irretrievably broken such that Bush Ross is unable to further represent the Rowe Non-Parties in this matter.

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2.

Withdrawal is proper under Local Rule 2.03 and Rule 4.1.16(b) of the Rules

Regulating the Florida Bar. 3. 6, 2010. 4. 5. Bush Ross has notified counsel for receiver Burton Wiand its intent to withdraw. The Rowe Non-Parties will likely require additional time to retain new counsel to Bush Ross notified the Rowe Non-Parties of its intent to withdraw on December

represent them in this matter. A stay of thirty (30) days is expected to be sufficient to allow them to retain new counsel and for such counsel to file a notice of appearance with this Court. 6. This motion is not being filed for the purpose of delay.

WHEREFORE, Bush Ross respectfully requests that within ten (10) days of the date of this filing this Honorable Court enter an Order granting Bush Ross, P.A., Edward O. Savitz, Esq., Anne-Leigh Gaylord Moe, Esq., and Karen S. Cox, Esq. leave to withdraw as counsel for the Rowe Non-Parties, ordering that Bush Ross, P.A., Edward O. Savitz, Esq., Anne-Leigh Gaylord Moe, Esq., and Karen S. Cox, Esq. are no longer counsel of record for the Rowe NonParties in this matter, and staying this case for a period of thirty days to allow the Rowe NonParties to retain new counsel. Certificate of Compliance with Local Rule 3.01(g) Pursuant to Local Rule 3.01(g), the undersigned certifies she has attempted to confer in good faith with counsel for Burton Wiand. Counsel for Mr. Wiand does not oppose the motion to withdraw; however, he does oppose the request to continue any deadline or hearing date in this case while the Rowe Non-Parties endeavor to secure new counsel. DATED: December 7, 2010.

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s/ Anne-Leigh Moe__________ Edward O. Savitz Florida Bar No. 0183867 [e-mail] Anne-Leigh Gaylord Moe Florida Bar No. 18409 [e-mail] Karen Cox Florida Bar No. 456667 [e-mail] BUSH ROSS, P.A. 1801 North Highland Avenue Tampa, FL 33602 Ph.: [phone] Fax: [phone] Attorneys for Donald H. Rowe

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on December 7, 2010, I electronically filed the foregoing with the Clerk of the court by using the CM/ECF system. I FURTHER CERTIFY that I mailed the foregoing document and the notice of electronic filing by first-class U.S. Mail to the following non-CM/ECF participants: Donald H. Rowe Joyce A. Rowe Carnegie Asset Management, Inc. The Wall Street Digest, Inc. 1350 Main Street Sarasota, FL 34236-5642 Arthur Nadel, #50690-018, Metropolitan Correctional CenterNew York 150 Park Row New York, New York 10007 s/ Anne-Leigh Moe

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