Securities and Exchange Commission v. Nadel et al

Filing 95

First MOTION to extend time to Conduct Case Management Meeting by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Masel, Scott)

Securities and Exchange Commission v. Nadel et al

Doc. 95

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'S UNOPPOSED MOTION FOR A FORTY-DAY EXTENSION OF TIME TO CONDUCT CASE MANAGEMENT MEETING Plaintiff Securities and Exchange Commission, moves the Court for a forty-day extension of time to allow the parties to conduct the case management meeting required under Local Rule 3.05(c)(2)(B). The parties are required to meet for a case management conference by today, March 23, 2009. On March 6, 2009, the Court denied the Commission's Motion for Clerk's Default against Nadel and reset to April 6 the time for Nadel to respond the Commission's Complaint through counsel or acting pro se (D.E. 60). As the Court is also aware, Counsel for Defendant Arthur Nadel just recently made a limited appearance to seek a modification of the

Dockets.Justia.com

existing freeze of Nadel's assets to continue representing him in this case and a parallel criminal prosecution in the Southern District of New York. The Court denied the motion to modify the asset freeze, Nadel's counsel have made only a limited appearance, and Nadel is still incarcerated in New York, making Nadel's current representation status unclear. The Commission therefore moves the Court to enter an Order granting a forty-day extension of time or until May 4, 2009, for the parties to conduct the case management meeting. Depending on whether and how Nadel responds, this extension would enable the Commission to determine whom to contact regarding a case management conference and whether any special arrangements are necessary. Certification of Compliance with Local Rule 3.01(g) Pursuant to Middle District of Florida Local Rule 3.01(g), undersigned counsel has conferred with counsel for the Court-appointed Receiver and Nadel's counsel, neither of whom opposes this motion. WHEREFORE for the foregoing reasons, the Commission respectfully requests the Court extend the time for the parties to conduct the case management meeting by forty days, through May 4, 2009.

March 23, 2009 By:

Respectfully submitted, 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

2

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 23, 2009, 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. Fowler White Boggs, P.A. 501 East Kennedy Blvd., Suite 1700 Tampa, FL 33602 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Court-appointed Receiver for Corporate Defendants and Relief Defendants Carl R. Nelson, Esq. Fowler White Boggs, P.A. 501 East Kennedy Blvd., Suite 1700 Tampa, FL 33602 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Counsel for Receiver Burton W. Wiand Gianluca Morello, Esq. Fowler White Boggs, P.A. 501 East Kennedy Blvd., Suite 1700 Tampa, FL 33602 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Co-counsel for Receiver Burton W. Wiand Ashley Bruce Trehan, Esq. Fowler White Boggs, P.A. 501 East Kennedy Blvd., Suite 1700 Tampa, FL 33602 Telephone: [phone] Facsimile: [phone]

3

Email: [e-mail] Co-counsel for Receiver Burton W. Wiand Maya M. Lockwood, Esq. Fowler White Boggs, P.A. 501 East Kennedy Blvd., Suite 1700 Tampa, FL 33602 Telephone: [phone] Facsimile: [phone] Co-counsel for Receiver Burton W. Wiand Donald R. Kirk, Esq. Fowler White Boggs, P.A. 501 East Kennedy Blvd., Suite 1700 Tampa, FL 33602 Telephone: [phone] Facsimile: [phone] Co-counsel for Receiver Burton W. Wiand Barry A. Cohen, Esq. Todd A. Foster, Esq. Michael L. Rubinstein, Esq. Cohen Jayson & Foster, P.A. 201 E. Kennedy Boulevard, Suite 1000 Tampa, Florida 33602 Telephone: [phone] Facsimile: [phone] Counsel for Arthur Nadel Pursuant to Notice of Limited Appearance

s/ Scott A. Masel Scott A. Masel, Esq.

4