Securities and Exchange Commission v. Nadel et al

Filing 781

NOTICE by Burton W. Wiand re #775 Order on Motion for Miscellaneous ReliefOrder on motion to continue The Receivers Notice Of Selection Of Appraiser Pursuant To Court Order Dated March 2, 2012 (Smiljanich, Terry)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.
ARTHUR NADEL,
SCOOP CAPITAL, LLC,
SCOOP MANAGEMENT, INC.,
CASE NO.: 8:09-cv-0087-T-26TBM
Defendants,
SCOOP REAL ESTATE, L.P.,
VALHALLA INVESTMENT PARTNERS, L.P.,
VALHALLA MANAGEMENT, INC.,
VICTORY FUND, LTD,
VIKING IRA FUND, LLC,
VIKING FUND, LLC, AND
VIKING MANAGEMENT, LLC.
Relief Defendants.
_______________________________________/

THE RECEIVER’S NOTICE OF SELECTION OF APPRAISER
PURSUANT TO COURT ORDER DATED MARCH 2, 2012
Pursuant to the Court’s Order entered on March 2, 2012 (Doc. 775), Burton W. Wiand, as
Receiver (the “Receiver”) hereby submits this Notice of Selection of Appraiser and states the
following in support.
1.

On March 2, 2012, this Court granted the Receiver’s Motion to Appoint

Appraisers Pursuant to 28 U.S.C. § 2001 to Appraise Receivership Real Property in Graham,
North Carolina (Doc. 739), to the extent that: (a) Thomas J. Skeahan was appointed as one of the

three appraisers to appraise the real property at issue located at 841 South Main Street in the City
of Graham, Alamance County, North Carolina (the “Property”); (b) Wells Fargo Bank, N.A.
was directed to file the name of the second appraiser to appraise the Property with this Court on
or before Friday, March 9, 2012; and (c) the Receiver was directed to file the name of the third
appraiser to appraise the Property with this Court on or before Friday, March 9, 2012.
2.

The Receiver submits Roscoe W. Shiplett, MAI (Managing Director, Grubb &

Ellis Landauer Valuation Advisory Services, LLC) as the third qualified appraiser to be
appointed to provide the required appraisal for the Property, so that the Receiver may proceed
with seeking approval of a private sale of the Property.
WHEREFORE, the Receiver respectfully requests that this Court enter an order pursuant
to 28 U.S.C. § 2001(b) appointing Roscoe W. Shiplett as the third appraiser to appraise the
Property located at 841 South Main Street in the City of Graham, Alamance County, North
Carolina.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on March 8, 2012, I electronically filed the foregoing with
the Clerk of the Court by using the CM/ECF system.
I FURTHER CERTIFY that on March 8, 2012, I will mail 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/Terry A. Smiljanich
Terry A. Smiljanich, FBN 145349
[e-mail]
Jonathan B. Cohen, FBN 0027620
[e-mail]
JAMES, HOYER, NEWCOMER & SMILJANICH,
P.A.
One Urban Centre, Suite 550
4830 West Kennedy Blvd.
Tampa, FL 33609
Tel: [phone]
Fax: [phone]
Attorneys for the Receiver, Burton W. Wiand