Securities and Exchange Commission v. Nadel et al

Filing 664

Unopposed MOTION for leave to file excess pages in connection with the Claims Determination Motion by Burton W. Wiand. (Morello, Gianluca)

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; 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.
/
RECEIVER’S UNOPPOSED MOTION FOR
LEAVE TO EXCEED PAGE LIMITATION
Burton W. Wiand, as Receiver, moves the Court for leave to exceed the page
limitation set forth in Local Rule 3.01(a) in connection with his upcoming motion to approve
determination of claims, pool receivership assets and liabilities, approve plan of distribution,
and establish objection procedure (the “Claims Determination Motion”). On April 20,
2010, the Receiver filed an Unopposed Motion to (1) Approve Procedure to Administer
Claims and Proof of Claim Form, (2) Establish Deadline for Filing Proofs of Claim, and (3)

Permit Notice by Mail and Publication (the “Claims Form Motion”) (Doc. 390). On April
21, 2010, the Court granted that motion (Doc. 391). Since then, the Receiver has executed
the procedures set forth in the Claims Form Motion and in the Court’s Order on that motion.
As part of the claims process established pursuant to that motion and Order, the
Receiver received 627 separate Proof of Claim Forms relating to 504 separate claims. In
turn, the Receiver carefully reviewed and evaluated each of those claim forms and, to the
extent necessary, investigated relevant information and had additional communications with
claimants to reach a determination with respect to each of the 627 Proof of Claim Forms.
The Receiver has essentially finished that process, and is preparing the Claims Determination
Motion, which will be filed in the near future. Aside from discussing the determination of
claims, a procedure for claimants’ objections to those determinations, the pooling of
receivership assets and liabilities, and a plan for distribution of receivership assets, the
Claims Determination Motion will also discuss the Receiver’s intention to make an interim
distribution of a significant portion of the money held by the Receivership Estate to
qualifying claimants.
Local Rule 3.01(a) provides that no party shall file any brief or legal memorandum
longer than 25 pages without permission from the Court. The Claims Determination Motion,
however, will address a number of topics, a significant volume of claims, and a wide range of
legal and equitable principles. For some claims, the motion will have to delve into a fair
amount of specifics to support the Receiver’s determination. The Receiver will need more
than 25 pages to properly address all those matters, and accordingly seeks leave to exceed the
page limitation set forth in Local Rule 3.01(a). Because the Claims Determination Motion is

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still being finalized, at this point the Receiver’s counsel cannot predict the ultimate length of
that motion. However, counsel’s goal is to submit a Claims Determination Motion that is as
concise as possible under the circumstances.
WHEREFORE, the Receiver respectfully requests leave to exceed the page limitation
in connection with the Claims Determination Motion.
LOCAL RULE 3.01(G) CERTIFICATE OF COUNSEL
Counsel for the Receiver has conferred with counsel for the Securities and Exchange
Commission (the “SEC”) and is authorized to represent to the Court that the SEC has no
objection to the relief sought in this motion.

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on October 20, 2011, I electronically filed the foregoing
with the Clerk of the Court by using the CM/ECF system.
I FURTHER CERTIFY that on October 20, 2011, I mailed the foregoing document
and the notice of electronic filing by first-class mail to the following non-CM/ECF
participant(s):
Arthur Nadel
Register No. 50690-018
FMC Butner
Federal Medical Center
P.O. Box 1600
Butner, NC 27509

s/Gianluca Morello
Gianluca Morello, FBN 034997
Email: [e-mail]
Michael S. Lamont, FBN 0527122
Email: [e-mail]
WIAND GUERRA KING P.L.
3000 Bayport Drive
Suite 600
Tampa, FL 33607
Tel. [phone]
Fax [phone]
Attorneys for the Receiver, Burton W. Wiand

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