Securities and Exchange Commission v. Nadel et al

Filing 58

MOTION for entry of clerk's default against Arthur Nadel by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Masel, Scott) Motions referred to Magistrate Judge Thomas B. McCoun III.

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'S MOTION FOR ENTRY OF CLERK'S DEFAULT AGAINST DEFENDANT ARTHUR NADEL

Plaintiff, Securities and Exchange Commission, pursuant to Fed R. Civ. P. 55(a), asks the Clerk of Court to enter a default against Defendant Arthur Nadel ("Nadel") for failure to plead or otherwise defend, and states: 1. On January 21, 2009, the Commission filed a Complaint for injunctive and other relief against Nadel (D.E. 1). 2. The Commission served Nadel with a summons and copy of the Commission's Complaint on January 21, 2009 through substitute service at his residence. See Affidavit of Service filed on January 23, 2009 (D.E.14), attached as Exhibit A to this motion.

3. To date, Nadel has not filed a response to the Commission's Complaint as required by Rule 12, Fed. R. Civ. P., thereby failing to plead or otherwise defend against this action. 1 WHEREFORE, the Commission moves the Clerk of Court for entry of a Clerk's Default against Nadel. March 5, 2009 By: Respectfully submitted, s/ Scott A. Masel Scott A. Masel Senior Trial Counsel Florida Bar No. 007110 Direct Dial: [phone] Facsimile: [phone] E-mail: [e-mail] Lead and Trial Counsel

CERTIFICATE OF SERVICE I hereby certify that on March 5, 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

Nadel has written the Commission's counsel stating he is still seeking legal counsel and his criminal defense counsel previously had indicated they would not be appearing for Nadel in the Commission's civil case. The Commission understands Nadel's criminal defense counsel may now be reconsidering appearing, however, the Commission already has waited additional time for an attorney appearance for Mr. Nadel and therefore felt it now must seek a default.

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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 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

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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 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.

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