Securities and Exchange Commission v. Nadel et al

Filing 798

NOTICE to the Courts to take judicial notice regarding actual docketed court filings characterized in the Receiver's Response in Opposition to Wells Fargo's Motion for Leave to Reply by Wells Fargo Bank, N.A.. (Attachments: # 1 Composite Exhibit A)(Wirth, Steven)

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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., Defendants, CASE NO.: 8:09-0087-T-26TBM 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. _______________________________________________/ WELLS FARGO BANK'S REQUEST THAT THIS COURT TAKE JUDICIAL NOTICE OF ACTUAL DOCKETED COURT FILINGS CHARACTERIZED IN THE RECEIVER'S RESPONSE IN OPPOSITION TO WELLS FARGO'S MOTION FOR LEAVE TO REPLY Pursuant to Federal Rule of Evidence 201, Wells Fargo Bank N.A. ("Wells Fargo") respectfully requests the Court take judicial notice of the following pleadings/matters from the dockets of the noted cases. In the Receiver and Wiand Guerra King ("WGK") Response in Opposition to Wells Fargo's Motion for Leave to Reply in Support of its Motion to Disqualify (Doc 795) (the "Response"), the Receiver characterizes the actions taken by Michael Goldberg, a partner at Akerman Senterfitt, in an SEC receivership case. Undersigned counsel contacted counsel for the {23832001;2} Receiver and WGK requested that the Receiver and WGK correct this characterization to the Court, and provided counsel for the Receiver and WGK with a pleadings from the record so they could correct their Response. The Receiver and WGK have filed an Amended Response (Doc. 797), but the Amended Response fails to adequately correct their mischaracterizations of the record, and fails to inform the Court as to any of the reasons why they are filing an Amended Response. Accordingly, Wells Fargo requests the Court take judicial notice of the following: 1. The Receiver's Response initially claimed that Akerman lawyer Michael Goldberg acted as Receiver in the case of SEC v. M. Lauer et al, No. 03-80612-cv-Marra (S.D. Fla.). (See Response, Doc. 795, footnote 2). Wells Fargo requests the Court to take judicial notice of the actual docket in that case to confirm that no Akerman lawyer was receiver in that case. 2. Mr. Goldberg was receiver in the case of SEC v. Latin Am. Servcs Co., No. 99- 2360-cv (S.D. Fla.). His actions were mis-described in the Opposition and Amended Opposition. Wells Fargo Bank requested that copies of the actual motion and order referenced be included. The Receiver refused. Wells Fargo Bank respectfully asks the Court to take judicial notice of the attached actual docketed court filings from SEC v. Latin Am. Servcs Co., No. 99-2360-cv (S.D. Fla.), (Doc. Nos. 118, 120, 153, 155, 285, 289) (attached hereto as composite Exhibit "A") which accurately depict the proceedings leading to the appointment of an ancillary receiver in that case. {23832001;2} Dated this 15th day of March, 2012 in Tampa, Florida. Respectfully submitted, AKERMAN SENTERFITT /s/ Steven R. Wirth L. Joseph Shaheen, Jr. Florida Bar No.: 212385 Email: Steven R. Wirth Florida Bar No.: 170380 Email: 401 East Jackson Street, Suite 1700 Tampa, Florida 33602 Telephone: (813) 223-7333 Facsimile: (813) 223-2837 Counsel for Wells Fargo, N.A. 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 provided notice to all CM/ECF participants in this case. I further certify that I mailed the foregoing document and the notice of electronic filing by first-class mail to the following on March 16, 2012: Arthur G. Nadel FCI BUTNER LOW Federal Correctional Institution P.O. Box 999 Butner, NC 27509 de la Parte & Gilbert, P.A. Richard A. Gilbert Patrick A. McNamara Eric D. Nowak Post Office Box 2350 Tampa, Florida 33601-2350 /s/ Steven R. Wirth Attorney {23832001;2}

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