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)

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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 tsmiljanich@jameshoyer.com Jonathan B. Cohen, FBN 0027620 jcohen@jameshoyer.com JAMES, HOYER, NEWCOMER & SMILJANICH, P.A. One Urban Centre, Suite 550 4830 West Kennedy Blvd. Tampa, FL 33609 Tel: (813) 397-2300 Fax: (813) 397-2310 Attorneys for the Receiver, Burton W. Wiand

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