Securities and Exchange Commission v. Nadel et al

Filing 672

ORDER ATTACHED granting #671 Receiver's Motion for Permission to Appeal. Signed by Judge Richard A. Lazzara on 11/22/2011. (CCB)

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.
/

ORDER

The receiver has filed a second motion for permission to appeal three subsequent
orders compelling arbitration entered by United States District Judge Elizabeth A.
Kovachevich in what are commonly referred to as “clawback” lawsuits.1 As with the
1

The Court entered an order on October 31, 2011, at docket 669, approving the
Receiver’s request for permission to appeal similar orders entered by Judge Kovachevich. At
that time, Plaintiff’s counsel had no position on that request. Plaintiff’s counsel has now advised
the Court in a notice filed November 21, 2011, at docket 670, that Plaintiff has no objection to
the Receiver appealing these orders.

earlier order granting the Receiver’s request for permission to appeal, the Court will
grant the motion and permit the receiver to appeal Judge Kovachevich’s latest orders
compelling arbitration to the Eleventh Circuit Court of Appeals but with the
understanding that this Court reserves the jurisdiction to later direct the Receiver to
dismiss these appeals in the event the Court becomes convinced that pursuing the appeals
would not be in the best interest of the receivership estate and the defrauded investors.
Accordingly, it is ordered and adjudged that the Receiver’s Second Unopposed Motion
for Permission to Appeal (Dkt. 671) is granted.
DONE AND ORDERED at Tampa, Florida, on November 22, 2011.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO:

Counsel of Record

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