Securities and Exchange Commission v. Nadel et al

Filing 775

ORDER ATTACHED granting in part 739 Motion to Appoint Appraisers and directing filings on 3/9/2012, and denying 765 Motion to Continue Hearing. Responses to 766 Motion to Disqualify due on or before 3/9/2012. Signed by Judge Richard A. Lazzara on 3/2/2012. (CCB)

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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 UPON DUE CONSIDERATION of the parties’ written submissions and oral arguments, and for the reasons stated on the record at the hearing held in this case this day, it is ORDERED AND ADJUDGED as follows: 1) The Motion of Wells Fargo Bank, N.A., for the Court to Continue the Hearing Scheduled for March 2, 2012, on Pending Motions (Dkt. 765) is denied. 2) The Receiver’s Motion to Appoint Appraisers Pursuant to 28 U.S.C. § 2001 to Appraise Receivership Real Property in Graham, North Carolina (Dkt. 739) is granted to the following extent: (a) Thomas J. Skeahan is appointed as one of the three appraisers; (b) Wells Fargo Bank, N.A. shall file with this Court on or before Friday, March 9, 2012, the name of the second appraiser it has selected to appraise the property at issue; and (c) the Receiver shall file with this Court on or before Friday, March 9, 2012, the name of the third appraiser he has selected to appraise the property at issue. 3) All responses to Wells Fargo Bank, N.A.’s Motion to Disqualify Receiver, to Disqualify Wiand Guerra King, P.L., and to Disallow All Fees Payable to the Receiver and his Counsel shall be filed on or before Friday, March 9, 2012. DONE AND ORDERED at Tampa, Florida, on March 2, 2012. s/Richard A. Lazzara RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Counsel of Record -2-

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