Securities and Exchange Commission v. Nadel et al

Filing 791

Unopposed MOTION for extension of time to file response/reply as to #790 Memorandum in opposition to Wells Fargo's Motion to Disqualify Receiver, Disqualify Wiand Guerra King, and Disallow All Fees for Receiver and His Counsel by Securities and Exchange Commission. (Masel, Scott) 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
Relief Defendants.
/
PLAINTIFF SECURITIES AND EXCHANGE COMMISSION’S
UNOPPOSED MOTION TO ACCEPT RESPONSE AS TIMELY FILED
The Commission, pursuant Rule 6(b), Federal Rules of Civil Procedure, and Local Rule
3.01, respectfully and without opposition moves the Court to accept as timely filed its Response
in Opposition to Wells Fargo’s Motion to Disqualify the Receiver, Disqualify Wiand Guerra
King P.L., and Disallow All Fees Payable to the Receiver and His Counsel (D.E. 790). This
response was due by March 14, 2012, but because of the unexpected illness of his wife and child,
the Commission’s undersigned counsel was unable to file the Response until 1:18 a.m. on March
15. The late filing was due only to the aforementioned illnesses and not based on any attempt to

delay these proceedings or ignore the Court’s deadlines. Accepting the Response as timely will
cause no prejudice to the other litigants, who, as indicated below, have no objection.1
LOCAL RULE 3.01(g) CERTIFICATION OF COUNSEL
The Commission’s counsel has communicated with counsel for Wells Fargo, the
Receiver, and Wiand Guerra, none of whom oppose the requested relief.
WHEREFORE, the Commission respectfully asks the Court to accept its Response and
deem it timely filed.
March 15, 2012

Respectfully submitted,
By:

s/ Scott A. Masel
Scott A. Masel
Senior Trial Counsel
Florida Bar No. 0007110
Direct Dial: [phone]
E-mail: [e-mail]
Lead and Trial Counsel
Attorney for Plaintiff
SECURITIES AND EXCHANGE
COMMISSION
801 Brickell Avenue, Suite 1800
Miami, Florida 33131
Telephone: [phone]
Facsimile: [phone]

CERTIFICATE OF SERVICE
I hereby certify that on March 15, 2012, I electronically filed the foregoing with the Clerk
of the Court by using the CM/ECF system which will send a notice of electronic filing to the
following:
Burton W. Wiand, Esq.
Wiand Guerra King P.L.
3000 Bayport Drive, Suite 600
Tampa, FL 33607
Telephone: [phone]
Facsimile: [phone]
1

We are also filing a corrected Response, since the one filed as Docket Entry 790 has the incorrect title at the
beginning of the document. That is the only change we will make in the Commission’s Response.

2

Court-appointed Receiver for Corporate Defendants
and Relief Defendants
Gianluca Morello, Esq.
Wiand Guerra King P.L.
3000 Bayport Drive, Suite 600
Tampa, FL 33607
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Counsel for Receiver Burton W. Wiand
Sean P. Keefe, Esq.
James, Hoyer, Newcomer, Smiljanich & Yanchunis, PA
Suite 550
4830 W Kennedy Blvd
Tampa, FL 33609
813/286-4100
Fax: [phone]
Email: [e-mail]
Counsel for Receiver Burton W. Wiand
Terry Alan Smiljanich , Esq.
James, Hoyer, Newcomer, Smiljanich & Yanchunis, PA
Suite 550
4830 W Kennedy Blvd
Tampa, FL 33609
813/286-4100
Fax: [phone]
Email: [e-mail]
Counsel for Receiver Burton W. Wiand
Maya M. Lockwood, Esq.
Wiand Guerra King P.L.
3000 Bayport Drive, Suite 600
Tampa, FL 33607
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Co-counsel for Receiver Burton W. Wiand
Louis Joseph Shaheen, Jr. . Esq.
Akerman Senterfitt
Suite 1700
401 E Jackson St
Tampa, FL 33602-5803

3

813-209-5016
Fax: [phone]
Email: [e-mail]
Counsel for Wells Fargo Bank, N.A.
Steven R. Wirth, Esq.
Akerman Senterfitt
Suite 1700
401 E Jackson St
Tampa, FL 33602-5803
813/223-7333
Fax: [phone]
Email: [e-mail]
Counsel for Wells Fargo Bank, N.A.
Ana T. Barnett, Esq.
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA
Suite 2200
150 W Flagler St
Miami, FL 33130
305/789-3514
Fax: [phone]
Email: [e-mail]
Counsel for Wells Fargo Bank, N.A.
Julie Fishman Berkowitz, Esq.
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA
Suite 2200
150 W Flagler St
Miami, FL 33130
305/789-3353
Fax: [phone]
Email: [e-mail]
Counsel for Wells Fargo Bank, N.A.
I further certify that on the same date I mailed the foregoing document and the notice of
electronic filing by U.S. Mail or as indicated below to the following non-CM/ECF participant:
Arthur G. Nadel
Register No. 50690-018
FCI Butner Low - Federal Correctional Institution
P.O. Box 999
Butner, NC 27509
Via U.S. Mail
s/ Scott A. Masel
Scott A. Masel, Esq.

4