Securities and Exchange Commission v. Nadel et al

Filing 785

NOTICE by Burton W. Wiand that Receiver has Provided Notice of Approval of Receiver's Claims Determination Motion (Morello, Gianluca)

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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, Relief Defendants. / NOTICE THAT RECEIVER HAS PROVIDED NOTICE OF APPROVAL OF RECEIVER’S CLAIMS DETERMINATION MOTION On December 7, 2011, Burton W. Wiand, as Receiver (the “Receiver”), filed his Unopposed Motion To (1) Approve Determination And Priority Of Claims, (2) Pool Receivership Assets And Liabilities, (3) Approve Plan Of Distribution, And (4) Establish Objection Procedure (Doc. 675) (the “Claims Determination Motion”). On March 2, 2012, the Court entered an Order (Doc. 776) (the “Order”) approving the Receiver’s Claims Determination Motion with respect to all claims submitted as part of the claims process 1 except for one claim submitted by Wells Fargo Bank, N.A. In the Order, the Court specifically approved the Receiver’s Proposed Objection Procedure as detailed in Section V of the Claims Determination Motion, which required the Receiver to provide notice of the Order to claimants. This procedure included (1) posting a copy of the Order to the Receivership website at within three (3) business days of the date of the Order, and (2) mailing letters to claimants by United States First Class Mail within ten (10) days of the date of the Order. This Notice is being filed to inform the Court that the Order was posted to the Receivership website on March 2, 2012, and that letters to claimants were deposited with the United States Postal Service on March 8, 2012 for delivery by U.S. First Class Mail.1   CERTIFICATE OF SERVICE I HEREBY CERTIFY that on March 9, 2012, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system. I FURTHER CERTIFY that on March 9, 2012, I mailed 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 FCI BUTNER LOW Federal Correctional Institution P.O. Box 999 Butner, NC 27509 1 A letter was not mailed to Wells Fargo Bank, N.A. because the Court reserved ruling on its claim. 2 s/Gianluca Morello Gianluca Morello, FBN 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 Attorneys for the Receiver, Burton W. Wiand 3

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