Securities and Exchange Commission v. Nadel et al

Filing 759

Unopposed MOTION for leave to file To File Reply To Receiver's Opposition (Doc. No. 755) by Wells Fargo Bank, N.A.. (Wirth, Steven)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SECURITIES AND EXCHANGE
COMMISSION
Plaintiff,
v.
ARTHUR NADEL,
SCOOP CAPITAL, LLC,
SCOOP MANAGEMENT, INC.,
Defendants,

CASE NO.: 8:09-0087-T-26TBM

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.
_______________________________________________/
UNOPPOSED MOTION OF WELLS FARGO BANK, N.A. FOR LEAVE TO FILE
REPLY TO RECEIVER'S OPPOSITION TO MOTION OF WELLS FARGO
BANK, N.A. (I) FOR DETERMINATION THAT THE FILING OF PROOFS OF
CLAIM HEREIN IS NOT NECESSARY TO PRESERVE SECURED
CREDITORS' VALID STATE LAW SECURITY INTERESTS IN, AND CLAIMS
AGAINST, COLLATERAL IN THE RECEIVER'S POSSESSION OR, IN
THE ALTERNATIVE, (II) FOR LEAVE TO FILE LATE CLAIMS
PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 60(b)
Wells Fargo Bank, N.A. ("Wells Fargo"),1 a valid secured creditor and party in
interest herein, recently filed a motion (the "Motion") seeking a determination by this

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Wells Fargo is successor by merger to Wachovia Bank, N.A.

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Court that the filing of proofs of claim in this case is not necessary to preserve certain
secured creditors' valid state law security interests in, and claims against, collateral in the
Receiver's possession or, in the alternative, (ii) leave to file late claims pursuant to
Federal Rule of Civil Procedure 60(b) (Doc. No. 740) (the "Motion"). The Receiver filed
his opposition to the Motion (Doc. No. 755) (the "Opposition").
Wells Fargo seeks leave to file a reply to address various issues raised by the
Opposition because it believes additional briefing will assist the Court with resolving the
Motion.

Specifically, Wells Fargo would like the opportunity to respond to the

Receiver's interpretation of cases cited in the Opposition, and arguments raised in the
Opposition. The issues Wells Fargo seeks to address include the Receiver’s:
(1) incorrect contention that Wells Fargo was required to file a claim to
preserve its security interests in, and claims against, certain receivership
property;
(2) misunderstanding of the receivership and bankruptcy cases discussed
in the Opposition;
(3) incorrect contention that applicable statutes of limitation do not apply
to the Receiver;
(4) incorrect representations about the law governing the untimely filing of
proofs of claims, and that, in reality, applicable law authorizes the late
filing of claims under these circumstances; and
(5) incorrect representations that the untimely filing of Wells Fargo's
claims will impact or otherwise prejudice the receivership estate when, in
reality, no such delay or prejudice exists.
WHEREFORE, Wells Fargo respectfully seeks leave to file a ten-page reply no
later than Wednesday, June 29, 2012.

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LOCAL RULE 3.01(g) CERTIFICATION
Counsel for Wells Fargo has conferred with Counsel for the Receiver and Counsel
for the Securities and Exchange Commission, and each indicated that they did not oppose
the relief requested in this motion.
Dated this 27th day of February, 2012 in Tampa, Florida.
Respectfully submitted,
AKERMAN SENTERFITT
/s/ Steven R. Wirth
L. Joseph Shaheen, Jr.
Florida Bar No.: 212385
Email: [e-mail]
Steven R. Wirth
Florida Bar No.: 170380
Email: [e-mail]
401 East Jackson Street, Suite 1700
Tampa, Florida 33602
Telephone: [phone]
Facsimile: [phone]
Counsel for Wells Fargo, N.A.

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CERTIFICATE OF SERVICE
I hereby certify that on February 27, 2012, I electronically filed the foregoing
with the Clerk of the Court by using the CM/ECF system, which provided notice to all
CM/ECF participants in this case, including:
Gianluca Morello, Esq.
Wiand Guerra King, P.L.
3000 Bayport Drive
Suite 600
Tampa, FL 33607
Counsel for Receiver, Burton W. Wiand
Terry A. Smiljanich, Esq.
James, Hoyer, Newcomer & Smiljanich, P.A.
One Urban Centre, Suite 550
4830 W. Kennedy Blvd.
Tampa, FL 33609
Counsel for Receiver, Burton W. Wiand
Scott A. Masel, Esq.
Andre J. Zamorano, Esq.
Securities & Exchange Commission
Miami Branch Office, SERO
801 Brickell Ave., Suite 1800
Miami, FL 33131
I further certify that I mailed the foregoing document and the notice of electronic
filing by first-class mail to the following:
Arthur G. Nadel
FCI BUTNER LOW
Federal Correctional Institution
P.O. Box 999
Butner, NC 27509
/s/ Steven R. Wirth
Attorney

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