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)

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

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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: [phone]
Facsimile: [phone]
[e-mail]
Attorney for the Receiver, Burton W. Wiand

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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

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