Securities and Exchange Commission v. Nadel et al

Filing 569

ORDER denying #544 Motion for protective order. Mr. Rowe to produce records to receiver on or before 1/3/2011; granting #562 Motion to withdraw as attorney. The firm of Bush Ross, P.A., are relieved of any further responsibility to represent Mr. and Mrs. Rowe and their related entities in this action; denying as moot #563 Motion to stay. The Court has given Mr. Rowe ample time to hire new counsel before having to produce the subpoenaed records. Signed by Judge Richard A. Lazzara on 12/10/2010. (SKH)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SECURITIES AND EXCHANGE COMMISSION, v. Plaintiff, CASE NO: 8:09-cv-87-T-26TBM

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. /

ORDER UPON DUE CONSIDERATION of the parties' written submissions and oral arguments, and for the reasons announced at the conclusion of the hearing held in this case this day, it is ORDERED AND ADJUDGED as follows: 1) Non-Party Donald H. Rowe's Motion for Protective Order (Dkt. 544) is

denied. Mr. Rowe shall produce to the Receiver the records which are the subject of the subpoena attached to his motion no later than January 3, 2011. If the Receiver contends that the documents withheld based on the attorney-client privilege or the work product

privilege, as detailed on Mr. Rowe's privilege log, do not qualify for protection under those privileges, he may file a motion to compel. Before doing so, however, the Receiver shall confer in good faith with new counsel for Mr. Rowe to resolve any dispute with regard to whether any document withheld qualifies for protection under either of the privileges. 2) The Motion to Withdraw (Dkt. 562) is granted. The law firm of Bush Ross,

P.A., and all of its attorneys, are relieved of any further responsibility to represent Mr. and Mrs. Rowe and their related entities in this case. 3) The Motion to Stay Deadlines Pending Location of New Counsel (Dkt. 563)

is denied as moot inasmuch as the Court has ruled on the Motion for Protective Order and has afforded Mr. Rowe ample time to hire new counsel before having to produce the records subpoenaed by the Receiver. DONE AND ORDERED at Tampa, Florida, on December 10, 2010.

s/Richard A. Lazzara RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:

Counsel of Record

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