Securities and Exchange Commission v. Nadel et al

Filing 993

MOTION for miscellaneous relief, specifically to Expand the Scope of Receivership to Include Quest Energy Management Group, Inc. by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Proposed Order)(Morello, Gianluca)

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EXHIBIT 1   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 IRA FUND, LTD, VICTORY FUND, LTD, VIKING IRA FUND, LLC, VIKING FUND, LLC, AND VIKING MANAGEMENT, LLC. Relief Defendants. / ORDER Upon due consideration of the Receiver’s Motion to Expand the Scope of Receivership to Include Quest Energy Management Group, Inc. (the “Motion”) (Dkt. ___), and the Receiver’s Declaration in support of the Motion (Dkt. ___), for the reasons stated in the Motion it is ordered and adjudged that the Motion is GRANTED. The scope of the Receivership created in this case is expanded to include Quest Energy Management Group, Inc. (“Quest”), and all outstanding shares of stock of Quest are hereby transferred to the Receiver for the benefit of the Receivership estate. Quest is specifically included within the ambit of the Court’s previous orders appointing and reappointing Burton W. Wiand as the Receiver in this case. 1    IT IS FURTHER ORDERED that, upon notice of this Order, Paul Downey, Jeff Downey (collectively, the “Downeys”), and any other Quest shareholders shall deliver to the Receiver any and all share certificates in their possession, custody, or control together with fully executed assignments of those shares and such other documents as may be requested by the Receiver. IT IS FURTHER ORDERED that the Downeys and all other present or former officers, directors, and employees of Quest: refrain from any act which harms Quest’s business or business relationships, including but not limited to any act which would interfere with its referral sources, existing customers or prospective customers, or business opportunities and prospects. IT IS FURTHER ORDERED that the Downeys, and all other present or former officers, directors, and employees of Quest take all reasonable steps to preserve Quest’s assets, property, records, or other materials relating to Quest’s business and make same available to the Receiver upon request, and refrain from removing any such items from Quest’s offices or any other location where Quest maintains or stores any such items. DONE and ORDERED in chambers in Tampa, Florida this ____ day of March, 2013. ____________________________________ RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Counsel of Record 2 

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