Securities and Exchange Commission v. Nadel et al

Filing 833

MOTION for leave to file Reply Receivers Opposed Motion For Leave To Reply To Limited Objection Of Wells Fargo Bank, N.A.In Opposition To Receivers Unopposed Motion To (1) Approve First Interim Distribution, (2) Establish Reserves, And (3) Approve Revisions To Certain Claims Determinations by Burton W. Wiand. (Cohen, Jonathan)

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.
_______________________________________/
RECEIVER’S OPPOSED MOTION FOR LEAVE TO REPLY TO LIMITED
OBJECTION OF WELLS FARGO BANK, N.A. IN OPPOSITION TO RECEIVER’S
UNOPPOSED MOTION TO (1) APPROVE FIRST INTERIM DISTRIBUTION,
(2) ESTABLISH RESERVES, AND (3) APPROVE REVISIONS TO
CERTAIN CLAIMS DETERMINATIONS
Burton W. Wiand, as Receiver (the “Receiver”), pursuant to Local Rule 3.01(c), seeks
leave to file a reply to the Limited Objection of Wells Fargo Bank, N.A. in Opposition to
Receiver’s Unopposed Motion to (1) Approve First Interim Distribution, (2) Establish Reserves,
and (3) Approve Revisions to Certain Claims Determinations (“Limited Objection”) (Doc. 831)
by 5:00 p.m. on May 7, 2012 and not to exceed ten (10) pages.

1

MEMORANDUM IN SUPPORT
In its Limited Objection, Wells Fargo Bank, N.A. raises issues regarding the reserves
established by the Receiver which warrant a response from the Receiver. The Receiver believes
that a brief reply to the Limited Objection will assist the Court in the resolution of the matters
pending before the Court in connection with the Receiver’s Unopposed Motion to (1) Approve
First Interim Distribution, (2) Establish Reserves, and (3) Approve Revisions to Certain Claims
Determinations. (Doc. 825)
WHEREFORE, the Receiver respectfully requests leave of Court to file a reply to Wells
Fargo Bank, N.A.’s Limited Objection, not to exceed ten (10) pages, by 5:00 p.m. on May 7,
2012.

/s/ Jonathan B. Cohen
Jonathan B. Cohen (FBN 0027620)
JAMES, HOYER, NEWCOMER
& SMILJANICH, P.A.
One Urban Centre, Suite 550
4830 West Kennedy Blvd.
Tampa, FL 33609
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for the Receiver, Burton W. Wiand

LOCAL RULE 3.01(G) CERTIFICATE OF COUNSEL
The undersigned counsel for the Receiver is authorized to represent to the Court that the
SEC does not object to the relief sought by the Receiver in this motion, and that Wells Fargo
Bank, N.A. does object to the relief sought.
/s/ Jonathan B. Cohen
Attorney for the Receiver, Burton W. Wiand
2

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on May 4, 2012, I electronically filed the foregoing with the
Clerk of the Court by using the CM/ECF system.

/s/ Jonathan B. Cohen
Attorney for the Receiver, Burton W. Wiand

3