Securities and Exchange Commission v. Nadel et al

Filing 996

ORDER deferring ruling on 979 Receiver's Motion to Enjoin Court Proceedings subject to being reopened after Judge Scriven rules on the motions for summary judgment in case 8:11-cv-516-MSS-EAJ. Signed by Judge Richard A. Lazzara on 3/28/2013. (SKH)

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;
and 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, LLC,
Relief Defendants.
/
ORDER
Pending before the Court for resolution is the Receiver’s Motion to Enjoin Court
Proceedings in which he seeks an order enjoining Plaintiffs from any further prosecution
of their case against Defendants in the case of Formica, et al. v. Rowe, et al., case number
8:11-cv-516-MSS-EAJ (M.D. Fla.). An examination of the case docket reflects that there
are two pending motions for summary judgment filed by Defendants against Plaintiffs
and that the assigned United States District Judge, the Honorable Mary S. Scriven,
rendered an Endorsed Order on February 5, 2013, at docket 134, based on a joint motion

filed by the parties, staying all pretrial deadlines and the trial of the case pending
resolution of the pending motions for summary judgment. In light of that fact, and in the
interest of preserving client and judicial resources, the Court will defer ruling on the
Receiver’s motion to enjoin pending the outcome of Judge Scriven’s resolution of the
motions for summary judgment. If she grants the motions, the Receiver’s motion in this
case may become moot. ACCORDINGLY, ruling on the Receiver’s Motion to Enjoin
Court Proceedings [Dkt. 979] is deferred subject to being reopened after Judge Scriven
rules on the motions for summary judgment in her case.1
DONE AND ORDERED at Tampa, Florida, on March 28, 2013.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:

Counsel of Record

1

The Court notes that it followed this same procedure of deferring ruling on a motion
until the outcome of related civil proceedings in an order entered January 17, 2013, at docket
955.

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