Securities and Exchange Commission v. Nadel et al

Filing 868

Unopposed MOTION to extend time to complete mediation by Burton W. Wiand. (Attachments: # 1 Text of Proposed Order)(Cohen, Jonathan)

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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-cv-0087-T-26TBM 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 UNOPPOSED MOTION FOR EXTENSION OF TIME TO COMPLETE MEDIATION Burton W. Wiand, as Receiver (the "Receiver"), by and through his undersigned attorneys, hereby moves this Court for entry of an Order extending the time in which to complete the mediation of unresolved issues pending between the Receiver and Wells Fargo Bank, N.A. ("Wells Fargo" or the "Bank") until July 20, 2012, and states the following in support. 1. On May 14, 2012, the Court entered an order directing the Receiver and Wells Fargo to mediate all unresolved matters pending between them within forty-five (45) days of the order, which is June 28, 2012. (Doc. 847) 2. While the Receiver attempted to schedule the mediation conference to occur prior to 1 June 28, 2012, the earliest two consecutive dates upon which the Receiver, the Bank, and the agreed-upon mediator are collectively available are July 19 and 20, 2012. WHEREFORE, the Receiver respectfully requests that the Court enter an order extending the time for the Receiver and Wells Fargo Bank, N.A. to complete the mediation until July 20, 2012. Dated: June 5, 2012 Respectfully submitted, /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: (813) 397-2300 Facsimile: (813) 397-2310 jcohen@jameshoyer.com Attorney for the Receiver, Burton W. Wiand 2 LOCAL RULE 3.01(g) CERTIFICATION Counsel for the Receiver has conferred with counsel for Wells Fargo Bank, N.A. and is authorized to represent to the Court that this Motion is unopposed. /s/ Jonathan B. Cohen Attorney for the Receiver, Burton W. Wiand CERTIFICATE OF SERVICE I HEREBY CERTIFY that on June 5, 2012, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which will send an electronic copy of this Motion to L. Joseph Shaheen, Jr., Esquire and Steven R. Wirth, Esquire of Akerman Senterfitt, counsel for Wells Fargo Bank, N.A., successor-in-interest to Wachovia Bank, N.A. /s/ Jonathan B. Cohen Attorney for the Receiver, Burton W. Wiand 3

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