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.

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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; 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”) 1 (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. 2 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 Michael S. Lamont, FBN 0527122 Jared J. Perez, FBN 0085192 WIAND GUERRA KING P.L. 3000 Bayport Drive, Suite 600 Tampa, FL 33607 Tel: (813) 347-5100 Fax: (813) 347-5198 -andTerry A. Smiljanich, FBN 145349 Jonathan B. Cohen, FBN 0027620 Sean P. Keefe, FBN 413828 JAMES, HOYER, NEWCOMER & SMILJANICH, P.A. One Urban Centre, Suite 550 3 4830 West Kennedy Blvd. Tampa, FL 33609 Tel: (813) 397-2300 Fax: (813) 397-2310 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.: 305-982-6398 Fax: 305-536-4154 Attorney for the Plaintiff Securities and Exchange Commission 4

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