Securities and Exchange Commission v. Nadel et al

Filing 778

Unopposed MOTION for extension of time to file response/reply as to #766 MOTION to disqualify (I) Receiver, (II) Disqualify Wiand Guerra King, P.L. and (III) Disallow All Fees Payable to the Receiver and His Counsel MOTION to disqualify (I) Receiver, (II) Disqualify Wiand Guerra King, P.L. and (III) Disallow All Fees Payable to the Receiver and His Counsel by Wiand Guerra King P.L., The Securities and Exchange Commission, and by Burton W. Wiand. (Morello, Gianluca) 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, LLC,
Relief Defendants.
____________________________________/
THE RECEIVER’S, WIAND GUERRA KING P.L.’S, AND
THE SECURITY AND EXCHANGE COMMISSION’S UNOPPOSED JOINT
MOTION FOR AN EXTENSION OF TIME TO RESPOND TO MOTION
OF WELLS FARGO BANK, N.A. (I) TO DISQUALIFY RECEIVER,
(II) TO DISQUALIFY WIAND GUERRA KING P.L. AND (III) TO DISALLOW
ALL FEES PAYABLE TO THE RECEIVER AND HIS COUNSEL
Pursuant to Rule 6(b), Federal Rules of Civil Procedure, and Local Rule 3.01, Burton
W. Wiand, as Receiver (the “Receiver”), Wiand Guerra King P.L. (“WGK”), and the
Securities and Exchange Commission (“SEC”) respectfully move the Court for a brief
extension of time to respond to the Motion Of Wells Fargo Bank, N.A. (“Wells Fargo”)

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(I) To Disqualify Receiver, (II) To Disqualify Wiand Guerra King P.L. And (III) To
Disallow All Fees Payable To The Receiver And His Counsel (Doc. 766) (the “Motion”).
The Motion was filed on February 29, 2012. At a hearing before the Court on March 2,
2012, the Court set March 9, 2012 as the expedited deadline for the Receiver’s, WGK’s, and
the SEC’s response to the Motion.1 The Receiver, WGK, and the SEC seek a brief threebusiness-day extension of that deadline to Wednesday, March 14, 2012.2
Given the serious nature of the accusations in the Motion and the very broad relief it
seeks, and because of counsel’s other work obligations – some of which relate to this
Receivership – the Receiver, WGK, and the SEC need a brief extension of time to prepare
and finalize responses. Because the Court granted the Receiver’s claims determination
motion as to all claimants except Wells Fargo (and its affiliate TRSTE, Inc.) (see Doc. 776),
and the Receiver has begun implementing the procedures set forth in that motion, the brief
extension will not delay that process in any way and thus will not impact those claimants.
LOCAL RULE 3.01(g) CERTIFICATION OF COUNSEL
The Receiver’s counsel has communicated with counsel for Wells Fargo, and Wells
Fargo does not oppose the relief requested in this motion.

1

Although WGK is not a party to this action, at the hearing the Court gave WGK
permission to file a response to the Motion.
2

Because the Receiver, WGK, and the SEC would ordinarily have had until March 19,
2012 to file a response to the Motion under the relevant rules (including those governing
additional days for mailing and deadlines that fall on weekends), the requested extension still
represents an expedited briefing schedule.

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on March 7, 2012, I electronically filed the foregoing
with the Clerk of the Court by using the CM/ECF system.
I FURTHER CERTIFY that on March 7, 2012, I will email the foregoing document
and the notice of electronic filing by first-class mail to the following non-CM/ECF
participants:
Arthur G. Nadel
Register No. 50690-018
Butner Low
Federal Correctional Institution
P.O. Box 999
Butner, NC 27509
s/Gianluca Morello
Gianluca Morello (Trial Counsel)
Florida Bar No. 034997
[e-mail]
Michael S. Lamont, FBN 0527122
[e-mail]
Jared J. Perez, FBN 0085192
[e-mail]
WIAND GUERRA KING P.L.
3000 Bayport Drive, Suite 600
Tampa, FL 33607
Tel: [phone]
Fax: [phone]
-andTerry A. Smiljanich, FBN 145349
[e-mail]
Jonathan B. Cohen, FBN 0027620
[e-mail]
Sean P. Keefe, FBN 413828
[e-mail]
JAMES, HOYER, NEWCOMER &
SMILJANICH, P.A.
One Urban Centre, Suite 550

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4830 West Kennedy Blvd.
Tampa, FL 33609
Tel: [phone]
Fax: [phone]
Attorneys for the Receiver, Burton W. Wiand
-ands/Scott A. Masel
Scott A. Masel, FBN 0007110
Senior Trial Counsel
Division of Enforcement
Securities and Exchange Commission
801 Brickell Ave., Suite 1800
Miami, FL 33131
Tel.: [phone]
Fax: [phone]
Attorney for the Plaintiff Securities and
Exchange Commission

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