Securities and Exchange Commission v. Nadel et al
| Securities and Exchange Commission |
| Arthur Nadel, Scoop Capital, LLC, Scoop Management, Inc., 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 |
| Burton W. Wiand |
| 8:2009cv00087 |
| January 21, 2009 |
| US District Court for the Middle District of Florida |
| Securities/Commodities Office |
| Sarasota |
| Richard A. Lazzara |
| Thomas B. McCoun III |
| None |
| U.S. Government Plaintiff |
| 15:0078m(a) Securities Exchange Act |
Docket Report
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This docket was last retrieved on August 9, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 1432 STATUS report in Response to the Court's Order Regarding the Quest Receivership and the Nadel Receivership by Burton W. Wiand. (Perez, Jared) |
Filing 1431
ENDORSED ORDER: Approximately five months ago, this Court directed the Receiver to file a status report regarding the status of the proceedings and the necessity for further judicial involvement in this matter. (Doc. # 1408). The Receiver identified several remaining issues, including the contemplated sale of Quest Energy Management Group, Inc., which never came to pass, and certain motions that the Receiver has since filed and which the Court has ruled upon. (Doc. # 1413). The Receiver also identified certain asset sales related to the Nadel receivership that were outstanding. (Id.). Upon a review of the docket, the Court directs the Receiver to file an updated status report regarding the status of the proceedings and the necessity for further judicial involvement in this matter on or before January 17, 2020. Signed by Judge Virginia M. Hernandez Covington on 1/8/2020. (SGM)
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Filing 1430
ENDORSED ORDER granting Receiver's Unopposed Motion to Vacate (Doc. # 1429). For the reasons stated in the Motion, and pursuant to Federal Rule of Civil Procedure 60(b)(6), the Court's prior Order approving the sale of assets of Quest Energy Management Group, Inc., to Archer Petroleum (Doc. # 1407) is VACATED. Signed by Judge Virginia M. Hernandez Covington on 12/10/2019. (SGM)
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| Filing 1429 Unopposed MOTION to Vacate 1407 Order on Motion for Miscellaneous Relief Specifically to Vacate Order Approving the Private Sale of Assets of Quest Energy Group, Inc. to Archer Pertoleum by Burton W. Wiand. (Perez, Jared) |
| Filing 1428 NOTICE of compliance re 1427 Order on Motion for Miscellaneous Relief Receiver's Return of $100,000 Deposit to Archer Petroleum by Burton W. Wiand (Perez, Jared) |
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Filing 1427
ORDER: The Receiver's Verified Motion to Authorize the Receiver to Retain a $100,000 Earnest Money Deposit (Doc. # 1419) is DENIED. The Receiver is directed to immediately return to Archer its $100,000 earnest money deposit and, when that has been completed, file a notice with this Court confirming that it has done so. Signed by Judge Virginia M. Hernandez Covington on 11/26/2019. (SGM)
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| Filing 1426 DECLARATION of Burton W. Wiand re 1425 Reply to Response to Motion by Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Perez, Jared) |
| Filing 1425 REPLY to Response to Motion re 1419 Verified MOTION for miscellaneous relief, specifically to Authorize The Receiver to Retain a $100,000 Earnest Money Deposit Due to the Purchaser's Failure to Close the Court-Approved Sale of Quest Assets and in Response to 1423 Archer's Response in Opposition filed by Burton W. Wiand. (Perez, Jared) |
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Filing 1424
ENDORSED ORDER: The Receiver is directed to file a reply brief in support of its Motion to Authorize the Receiver to Retain a $100,000 Earnest Money Deposit (Doc. # 1419) and responding to the arguments raised in Archer Petroleum's response in opposition (Doc. # 1423). The reply is due on November 4, 2019, and should not exceed 8 pages in length. Signed by Judge Virginia M. Hernandez Covington on 10/28/2019. (SGM)
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| Filing 1423 RESPONSE to Motion re 1419 Verified MOTION for miscellaneous relief, specifically to Authorize The Receiver to Retain a $100,000 Earnest Money Deposit Due to the Purchaser's Failure to Close the Court-Approved Sale of Quest Assets Memorandum of Points and Authority filed by Archer Petroleum. (Attachments: # 1 Appendix Index of Exhibits A-G, # 2 Exhibit A-Asset Purchase Agreement, # 3 Exhibit B-Email from Wiand, # 4 Exhibit C-Wire Transfer Receipts, # 5 Exhibit D-Emails Exchanged Wiand and Hudson, # 6 Exhibit E-Affidavit of Andrew Hudson, # 7 Exhibit F-Letter from Archer Petroleum to Wiand Cancelling Asset Purchase Agreement, # 8 Exhibit G-Order Granting Approval of Sale)(Krieger, Edwin) |
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Filing 1422
ORDER granting 1421 Receiver's Motion to Approve (1) settlement of objection, (2) waiver of objections, and (3) amended claim determinations. Signed by Judge Virginia M. Hernandez Covington on 10/21/2019. (SGM)
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| Filing 1421 MOTION for miscellaneous relief, specifically to Approve (1) Settlement of Objection, (2) Waiver of Objections, and (3) Amended Claim Determinations by Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Perez, Jared) |
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Filing 1420
ENDORSED ORDER: On October 3, 2019, the Receiver in this case filed a Motion seeking the Court's authorization to allow the Receiver to retain a $100,000 earnest money deposit that was paid to the Receiver by Archer Petroleum, Ltd. as part of the anticipated sale of Quest Energy Management Group, Inc. (Doc. # 1419). If Archer wishes to file a response in opposition to the Motion, it may do so by October 25, 2019. The parties are cautioned that, under the Local Rules, failure to file a response will indicate to the Court that the Motion is unopposed. See Local Rule 3.01(b), M.D. Fla. The Clerk is directed to send a copy of this Order to Maria Wormington, counsel for Archer, and to Drew Hudson at Archer, using the email and mailing addresses listed on the Certificate of Service filed with the Motion. Signed by Judge Virginia M. Hernandez Covington on 10/4/2019. (SGM)
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| Filing 1419 Verified MOTION for miscellaneous relief, specifically to Authorize The Receiver to Retain a $100,000 Earnest Money Deposit Due to the Purchaser's Failure to Close the Court-Approved Sale of Quest Assets by Burton W. Wiand. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Perez, Jared) |
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Filing 1418
ENDORSED ORDER granting 1417 Unopposed Motion for Withdrawal of Former Attorneys of James Hoyer, P.A. as Counsel for the Receiver. Attorneys Jonathan Betten Cohen, Megan Elizabeth Davis, and Terry Alan Smiljanish terminated. Signed by Magistrate Judge Christopher P. Tuite on 9/23/2019. (AHA)
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| Filing 1417 Unopposed MOTION to Withdraw of Former Attorneys of James Hoyer, P.A. as Counsel for the Receiver by Burton W. Wiand. (Hoyer, Jessica) |
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Filing 1416
ENDORSED ORDER granting the Receiver's Motion to Overrule Objection to Claim 17 (Doc. # 1412). The Claimant, Ruth Artisuk, did not file a response in opposition to the Receiver's Motion. Thus, the motion is unopposed and is due to be granted. Furthermore, the Court has reviewed the Receiver's Motion and attached exhibits and determines that Claimant has failed to meet her burden of proof in this matter. See (Doc. # 1383 at 43-44). For the reasons set forth in the Receiver's Motion, the Court believes that it is fair and equitable to treat Claim 17 in the same manner as other similarly situated claimants. Signed by Judge Virginia M. Hernandez Covington on 9/9/2019. (SGM)
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| Filing 1415 NOTICE by Burton W. Wiand re 1412 MOTION for miscellaneous relief, specifically to Overrule Objection to Claim 17 of filing Redacted Exhibits 1 and 5 (Attachments: # 1 Exhibit 1, # 2 Exhibit 5)(Perez, Jared) |
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Filing 1414
ENDORSED ORDER: On August 16, 2019, the Receiver filed a Motion to Overrule Objection to Claim 17, along with six supporting exhibits. (Doc. # 1412). The Court observes multiple instances of personal information being left unredacted in Exhibits 1 and 5. Accordingly, Exhibits 1 and 5 to the Receiver's Motion (Doc. ## [1412-1], [1412-5]) are stricken. The Receiver is directed to re-file the exhibits by August 30, 2019, after a careful review and redaction of all sensitive personal information. Signed by Judge Virginia M. Hernandez Covington on 8/28/2019. (SGM)
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| Filing 1413 STATUS report Regarding Quest Energy Management Group, Inc. by Burton W. Wiand. (Perez, Jared) |
| Filing 1412 MOTION for miscellaneous relief, specifically to Overrule Objection to Claim 17 by Burton W. Wiand. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Perez, Jared) Modified on 8/29/2019 Exh 1 and 5 stricken, per 141 Order (BES). |
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Filing 1411
ENDORSED ORDER granting 1409 Unopposed Motion for Extension of Time. The Receiver's Status Report is due August 21, 2019. Signed by Judge Virginia M. Hernandez Covington on 8/15/2019. (SGM)
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| Filing 1410 STATUS report in Response to Court's Order (DE 1408) by Securities and Exchange Commission. (Levenson, Robert) |
| Filing 1409 Unopposed MOTION for Extension of Time to File Receiver's Status Report by Burton W. Wiand. (Perez, Jared) |
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Filing 1408
ENDORSED ORDER: Having granted the Receiver's motion to approve settlements of claims and objections and his motion for approval of private sale of the assets of Quest Energy Management Group, Inc., (Doc. ## 1406, 1407), the parties are directed to file a status report by August 16, 2019, regarding the status of the proceedings and the necessity of further judicial involvement, especially as it concerns judicial involvement following completion of the contemplated sale of Quest Energy Management Group, Inc. Signed by Judge Virginia M. Hernandez Covington on 8/9/2019. (SGM)
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Filing 1407
ORDER granting 1403 Verified Motion for miscellaneous relief, specifically for Approval of Private Sale of Assets of Quest Energy Management Group, Inc. Signed by Judge Virginia M. Hernandez Covington on 8/9/2019. (SGM)
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Filing 1406
ORDER granting 1402 Verified Motion for miscellaneous relief, specifically to Approve Settlements of Claims and Objections with Certain Secured Creditors. Signed by Judge Virginia M. Hernandez Covington on 8/9/2019. (SGM)
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| Filing 1405 NOTICE by Burton W. Wiand re 1403 Verified MOTION for miscellaneous relief, specifically for Approval of Private Sale of Assets of Quest Energy Management Group, Inc. Re: No Bona Fide Offers or Oppositions Filed (Perez, Jared) |
| Filing 1404 NOTICE by Burton W. Wiand re 1403 Verified MOTION for miscellaneous relief, specifically for Approval of Private Sale of Assets of Quest Energy Management Group, Inc. (Attachments: # 1 Exhibit A - Certificate of Publishing)(Perez, Jared) |
| Filing 1403 Verified MOTION for miscellaneous relief, specifically for Approval of Private Sale of Assets of Quest Energy Management Group, Inc. by Burton W. Wiand. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Perez, Jared) |
| Filing 1402 Verified MOTION for miscellaneous relief, specifically to Approve Settlements of Claims and Objections with Certain Secured Creditors by Burton W. Wiand. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Perez, Jared) |
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Filing 1401
ENDORSED ORDER granting 1400 Motion for Extension of Time to File. The Receiver is granted a fourteen-day extension of the deadline for serving Notifications of the Receiver's evaluation of objections from June 3, 2019 to June 17, 2019.Signed by Judge Virginia M. Hernandez Covington on 5/30/2019. (Covington, Virginia)
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| Filing 1400 MOTION for Extension of Time to File /Serve Objecting Claimants with Notification of Receiver's Evaluation of Objections by Burton W. Wiand. (Perez, Jared) |
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Filing 1397
ENDORSED ORDER: For the reasons stated on the record at the hearing conducted on April 29, 2019, the Court's order (Doc. # 1384) entered on March 15, 2019, was not a final order. Specifically, the Receiver's determinations on the claims of First National Bank of Albany/Breckenridge and the other objecting claimants (Doc. ## 1395, 1396) are not final. The Receiver's determinations of claims for claimants that failed to object before the April 19, 2019, deadline are final. Any objections to the Receiver's determinations will be resolved using the procedures outlined by the Receiver. (Doc. ## 1383, 1384). Additionally, the Receiver is directed to produce the written evidence outlined in pages 17 and 18 of its motion (Doc. # 1383 at 17-18) to First National Bank of Albany/Breckenridge by May 14, 2019. First National Bank of Albany/Breckenridge's Motion to Alter Judgment or Order, and alternatively for relief from Judgment or Order (Doc. # 1387) is granted in part and denied in part as stated herein and at the hearing conducted on April 29, 2019. Signed by Judge Virginia M. Hernandez Covington on 4/30/2019. (DLB)
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| Filing 1399 Minute Entry. Proceedings held before Judge Virginia M. Hernandez Covington: MOTION HEARING held on 4/29/2019 re 1387 MOTION to Alter Judgment or Order, and alternatively for relief from Judgment or Order and Memorandum of Law in support of Motion filed by First National Bank of Albany/Breckenridge. Court Reporter: Scott N. Gamertsfelder (TWL) |
| Sealed Document S-1398. (BES) |
| Filing 1396 NOTICE by Burton W. Wiand of filing Amended Exhibit E to 1383 Receiver's Motion to (1) Approve Determinations and Priority of Claims, (2) Pool Receivership Assets and Liabilities, (3) Approve Plan of Distribution, and (4) Establish Objection Procedure (Attachments: # 1 Exhibit E - Amended)(Perez, Jared) |
| Filing 1395 NOTICE by Burton W. Wiand re 1384 Order on Motion for Miscellaneous Relief of Objections Regarding Claims Process for Quest Energy Management Group, Inc. (Perez, Jared) |
| Filing 1394 SATISFACTION of judgment re 1132 Judgment by Burton W. Wiand. (Perez, Jared) |
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Filing 1393
ENDORSED ORDER denying without prejudice 1392 Motion to Continue. The Court is not available the two dates that counsel for the SEC suggested. Counsel for the SEC can appear by telephone at the hearing. He should contact the Courtroom Deputy, Tamecika Lee, for arrangements. Signed by Judge Virginia M. Hernandez Covington on 4/12/2019. (Covington, Virginia)
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| Filing 1392 Unopposed MOTION to Continue April 29, 2019 Hearing by Securities and Exchange Commission. (Attachments: # 1 Notice of Deposition of Darice Lang)(Levenson, Robert) |
| Filing 1391 RESPONSE re 1387 MOTION to Alter Judgment or Order, and alternatively for relief from Judgment or Order and Memorandum of Law in support of Motion Joint Response by Securities and Exchange Commission, Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Perez, Jared) |
| Filing 1390 NOTICE of hearing on motion re 1387 MOTION to Alter Judgment or Order, and alternatively for relief from Judgment or Order and Memorandum of Law in support of Motion. Motion Hearing set for 4/29/2019 at 01:30 PM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. (DLB) |
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Filing 1389
ENDORSED ORDER: The Clerk is directed to schedule oral argument on First National Bank of Albany/Breckenridge's Motion to Alter Judgment or Order, and Alternatively for Relief from Judgment or Order (Doc. # 1387 ) for April 29, 2019, at 1:30 p.m. Signed by Judge Virginia M. Hernandez Covington on 4/3/2019. (DLB)
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Filing 1388
ENDORSED ORDER: In its previous motion, the Receiver included a Local Rule 3.01(g) certification, which stated the Securities & Exchange Commissioner (SEC) had no objection to the relief sought. (Doc. # 1383 at 49). Now, an entity with a secured claim essentially objects to the Receiver's motion and states the Receiver's certification omitted the creditors. (Doc. # 1387 ). The Receiver and the SEC are therefore directed to file a joint response addressing the arguments raised in First National Bank of Albany's Motion to Alter Judgment. In particular, the Receiver and the SEC should address the right of those with secured claims like First National Bank of Albany to respond/object to the Receiver's motion. Additionally, they should clarify why the certification in the Receiver's previous motion only included information regarding the SEC. Their joint response is due by April 3, 2019. Signed by Judge Virginia M. Hernandez Covington on 3/27/2019. (DLB)
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| Filing 1387 MOTION to Alter Judgment or Order, and alternatively for relief from Judgment or Order and Memorandum of Law in support of Motion by First National Bank of Albany/Breckenridge. (Rotella, Raymond) |
| Filing 1386 NOTICE regarding claim by Ruth Astisuk (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(BES) |
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Filing 1385
ENDORSED ORDER: The Court has received a letter from Ruth Artisuk regarding her and her husband's investment in Quest Energy Management Group, Inc. In her letter, she requests a call with this Court to discuss her treatment as a senior secured lender. The Court is sympathetic to the needs of Mrs. Artisuk and her husband but is constrained by the judicial code of conduct from speaking with her over the phone about this case. The Court is also not authorized to grant her any relief without the filing of a formal motion. Nonetheless, the Clerk is directed to file Mrs. Artisuk's letter and accompanying attachments on the record of this case. The Clerk is also directed to send a copy of this Order to Mrs. Artisuk at the following address: 1920 Dawn Point, Davis, Illinois 61019. After the Clerk files Mrs. Artisuk's letter on the record, the Receiver is directed to proceed accordingly as if the letter had been filed in accordance with the Receiver's objection procedure approved by the Court. (Doc. # 1384 ). Signed by Judge Virginia M. Hernandez Covington on 3/15/2019. (DLB)
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Filing 1384
ORDER granting 1383 Motion for miscellaneous relief, specifically to (1) Approve Determinations and Priority of Claims, (2) Pool Receivership Assets and Liabilities, (3) Approve Plan of Distribution, and (4) Establish Objection Procedure. Signed by Judge Virginia M. Hernandez Covington on 3/15/2019. (DLB)
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| Filing 1383 MOTION for miscellaneous relief, specifically to (1) Approve Determinations and Priority of Claims, (2) Pool Receivership Assets and Liabilities, (3) Approve Plan of Distribution and (4) Establish Objection Procedure by Burton W. Wiand. (Attachments: # 1 Exhibit A - Quest Blank Proof of Claim Form, # 2 Exhibit B - Secured Tax, # 3 Exhibit C - Secured, # 4 Exhibit D - Allowed, # 5 Exhibit E - Allowed in Part, # 6 Exhibit F - NI Allowed, # 7 Exhibit G - Denied, # 8 Exhibit H - NI Denied)(Perez, Jared) |
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Filing 1382
ENDORSED ORDER granting 1379 Unopposed Motion for Withdrawal of Jordan D. Maglich as Counsel for the Receiver. Attorney Jordan D. Maglich terminated. Signed by Magistrate Judge Christopher P. Tuite on 2/12/2019. (AMM)
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Filing 1381
ORDER granting 1380 Unopposed Motion for Settlement Approval. Signed by Judge Virginia M. Hernandez Covington on 2/8/2019. (DLB)
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| Filing 1380 Unopposed MOTION for Settlement Approval by Burton W. Wiand. (Attachments: # 1 Exhibit A - Settlement Agreement Fully Executed)(Perez, Jared) |
| Filing 1379 Unopposed MOTION for Jordan D. Maglich to withdraw as attorney for the Receiver by Burton W. Wiand. (Perez, Jared) Motions referred to Magistrate Judge Christopher P. Tuite. |
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Filing 1378
ORDER granting 1377 Unopposed Motion for Attorney Fees. Signed by Judge Virginia M. Hernandez Covington on 12/17/2018. (DLB)
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| Filing 1377 Unopposed MOTION for Attorney Fees Receiver's Twenty-Fourth Interim by Burton W. Wiand. (Attachments: # 1 Exhibit 1 -Standardized Fund Accounting Report, # 2 Exhibit 2 -Receiver's Twenty-Third Interim Report, # 3 Exhibit 3 - Prior Listing of Interim Motions, # 4 Exhibit 4 - Scoop Receivership - Representation of Scoop Receivership, # 5 Exhibit 5 - Scoop Receivership - Recovery from Investors, # 6 Exhibit 6 - Scoop Receivership - Recovery of Assets from Neil and Chris Moody, # 7 Exhibit 7 - Scoop Receivership - Quest Energy Management Group, Inc, # 8 Exhibit 8 - Categorization and Summary of all WGK Costs, # 9 Exhibit 9 - Attorney Fee Schedule, # 10 Exhibit 10 - Scoop Legal Team - Scoop Capital, LLC Receivership, # 11 Exhibit 11 - Scoop Legal Team - Recovery from Investors, # 12 Exhibit 12 - Scoop Legal Team - Recover of Assets from Neil and Chris Moody, # 13 Exhibit 13 - Scoop Legal Team - Quest Energy Management Group, Inc, # 14 Exhibit 14 - PDR Certified Public Accountants, # 15 Exhibit 15 - E-Hounds, Inc, # 16 Exhibit 16 - The RWJ Group, LLC, # 17 Exhibit 17 - Stichter Riedel Blain & Postler PA, # 18 Exhibit 18 - Proposed Order)(Perez, Jared) |
| Filing 1376 STATUS report Receiver's Twenty-Third Interim Report by Burton W. Wiand. (Attachments: # 1 Exhibit A - Standardized Fund Accounting Report, # 2 Exhibit B - Receivership Assets Sold or Otherwise Disposed, # 3 Exhibit C - Chris Moody's Assets, # 4 Exhibit D - Neil Moody's Assets)(Perez, Jared) |
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Filing 1375
ORDER granting 1374 Unopposed Motion for miscellaneous relief, specifically to Approve the Sale of a Sunlake Living Systems Trailer. Signed by Judge Virginia M. Hernandez Covington on 12/10/2018. (DLB)
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| Filing 1374 Unopposed MOTION for miscellaneous relief, specifically to Approve the Sale of a Sunlake Living Systems Trailer by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Proposed Order, # 2 Exhibit 2 - Orders)(Perez, Jared) |
| Filing 1373 STATUS report pursuant to Court's November 19, 2018 Order requiring status report (DE 1371) by Securities and Exchange Commission. (Levenson, Robert) |
| Filing 1372 STATUS report by Burton W. Wiand. (Perez, Jared) |
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Filing 1371
ENDORSED ORDER: This action was initiated nearly ten years ago, on January 21, 2009 (Doc. # 1), and the receivership proceedings have continued since then. On October 2, 2018, this case was transferred from Judge Richard Lazzara. (Doc. # 1367). The parties are therefore directed to file a status report by November 26, 2018, regarding the status of the proceedings and the necessity of further judicial involvement. Signed by Judge Virginia M. Hernandez Covington on 11/19/2018. (DLB)
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Filing 1370
ORDER granting 1368 Motion for miscellaneous relief, specifically Approval of Private Sale of Six Parcels Of Undeveloped Land Located in Buncombe County, North Carolina. Signed by Judge Virginia M. Hernandez Covington on 10/4/2018. (TWL)
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Filing 1369
ORDER granting 1366 Motion for Attorney Fees. Signed by Judge Virginia M. Hernandez Covington on 10/4/2018. (TWL)
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| Filing 1368 Unopposed MOTION for miscellaneous relief, specifically Approval of Private Sale of Six Parcels Of Undeveloped Land Located in Buncombe County, North Carolina Verified by Burton W. Wiand. (Attachments: # 1 Exhibit Proposed Order, # 2 Exhibit Property Maps, # 3 Exhibit PSA, # 4 Exhibit Bell Opinion, # 5 Exhibit Receiver's Deed)(Perez, Jared) |
| Filing 1367 Case Reassigned to Judge Virginia M. Hernandez Covington. New case number: 8:09-cv-87-T-33CPT. Judge Richard A. Lazzara no longer assigned to the case. (KE) |
| Filing 1366 Unopposed MOTION for Attorney Fees Receiver's Twenty-Third Interim by Burton W. Wiand. (Attachments: # 1 Exhibit Standardized Fund Accounting Report, # 2 Exhibit Receiver's Twenty-Second Interim Report, # 3 Exhibit Prior Listing of Interim Motions, # 4 Exhibit Scoop Receivership-Representation of Scoop Receivership, # 5 Exhibit Scoop Receivership - Recovery from Investors, # 6 Exhibit Scoop Receivership - Quest Energy Management Group, Inc, # 7 Exhibit Categorization and Summary of all WGK Costs, # 8 Exhibit Attorney Fee Schedule, # 9 Exhibit Scoop Legal Team - Scoop Capital, LLC Receivership, # 10 Exhibit Scoop Legal Team - Recovery from Investors, # 11 Exhibit Scoop Legal Team - Recovery of Assets from Neil and Chris Moody, # 12 Exhibit James Hoyer, P.A, # 13 Exhibit Scoop Legal Team - Quest Energy Management Group, Inc, # 14 Exhibit PDR Certified Public Accountants, # 15 Exhibit E-Hounds, Inc., # 16 Exhibit The RWJ Group, LLC, # 17 Exhibit Stichter Riedel Blain & Postler PA, # 18 Exhibit Scott Douglas McConnico, # 19 Exhibit Proposed Order)(Perez, Jared) |
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Filing 1365
ORDER granting 1364 Motion for Relief from Injunction in accord with the attached order. Signed by Judge Richard A. Lazzara on 10/1/2018. (CCB)
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| Filing 1364 Unopposed MOTION for miscellaneous relief, specifically from Injunction Joint Motion with BB&T by Burton W. Wiand. (Attachments: # 1 Exhibit Proposed Order)(Perez, Jared) |
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Filing 1363
ORDER granting 1362 Motion to Seal. Signed by Judge Richard A. Lazzara on 9/28/2018. (CCB)
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| Filing 1362 Unopposed MOTION for leave to file under seal Claimant Information for Quest Energy Management Group, Inc.'s Claims Process by Burton W. Wiand. (Perez, Jared) |
| Filing 1361 STATUS report Receiver's Twenty-Second Interim Report by Burton W. Wiand. (Attachments: # 1 Exhibit A - Standardized Fund Accounting Report, # 2 Exhibit B - Receivership Assets Sold or Otherwise Disposed, # 3 Exhibit C - Chris Moody's Assets, # 4 Exhibit D - Neil Moody's Assets)(Perez, Jared) |
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Filing 1359
ORDER regarding letter received as to Quest and directing clerk to file letter only and return enclosed documents in accord with the attached order. Signed by Judge Richard A. Lazzara on 6/12/2018. (CCB) (LSS).
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| Filing 1360 NOTICE/Letter received from Dolores Serdar. (Attachments: # 1 Mailing Envelope)(LSS) |
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Filing 1358
ENDORSED ORDER granting 1357 Motion to Withdraw as Attorney. Attorney Michael S. Lamont terminated. Signed by Judge Richard A. Lazzara on 4/3/2018. (CCB)
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| Filing 1357 Unopposed MOTION for Michael S. Lamont to withdraw as attorney by Burton W. Wiand. (Perez, Jared) |
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Filing 1356
ORDER granting 1355 Motion for Approval to Sell Land in Thomas County, Georgia, in accord with the attached order. Signed by Judge Richard A. Lazzara on 4/2/2018. (CCB)
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| Filing 1355 Unopposed MOTION for miscellaneous relief, specifically FOR APPROVAL TO SELL OR OTHERWISE DISPOSE OF UNDEVELOPED LAND LOCATED IN THOMAS COUNTY, GEORGIA by Burton W. Wiand. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Perez, Jared) |
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Filing 1354
ORDER ATTACHED granting 1332 Motion for Turnover of Rents, and granting in part and denying in part 1334 Motion for Attorney Fees and Costs. Signed by Judge Richard A. Lazzara on 2/20/2018. (CCB)
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| Filing 1353 Case Reassigned to Magistrate Judge Christopher P. Tuite. New case number: 8:09-cv-87-T-26CPT. Magistrate Judge Thomas B. McCoun III no longer assigned to the case. (BSN) |
| Filing 1352 RESPONSE re 1349 Reply to Response to Motion for Payment of Fees and Costs filed by Burton W. Wiand. (Sharp, Susan) |
| Filing 1351 RESPONSE re 1350 Reply to Response to Motion for Turnover of Rents filed by Burton W. Wiand. (Sharp, Susan) |
| Filing 1350 REPLY to Response to Motion re 1332 MOTION for miscellaneous relief, specifically for an Order Directing Receiver to Turnover Rents from Rite Aid Property filed by Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, N.A.. (Attachments: # 1 Exhibit 1 - Affidavit of Indebtedness)(Wirth, Steven) |
| Filing 1349 REPLY to Response to Motion re 1334 MOTION for Attorney Fees and Costs as Administrative Expenses filed by Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, N.A.. (Wirth, Steven) |
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Filing 1348
ORDER granting [1346 & 1347] Motions for Leave to File Replies no later than 1/12/2018 of no more than 10 pages. Receiver's responses to replies to be filed of no more than 10 pages no later than 1/26/2018 in accord with the attached order. Signed by Judge Richard A. Lazzara on 12/29/2017. (CCB)
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| Filing 1347 MOTION for leave to file Reply in Support of its Dec. 1, 2017 Motion for Payment of Certain Fees and Costs as Administrative Expenses [Doc. 1334] by Wells Fargo Bank, N.A.. (Wirth, Steven) |
| Filing 1346 MOTION for leave to file Reply in Support of its Motion for Order Directing Receiver to Turnover Rents from Rite Aid Property (Doc. 1332) by Wells Fargo Bank, N.A.. (Wirth, Steven) |
| Filing 1345 NOTICE to the Courts to take judicial notice regarding a certified transcript of the 12.8.16 oral argument before the US Court of Appeals for the 11th Circuit in a related proceeding by Wells Fargo Bank, N.A.. (Attachments: # 1 Exhibit A)(Wirth, Steven) |
| Filing 1344 NOTICE of supplemental authority by Wells Fargo Bank, N.A.. (Attachments: # 1 Supplement Authority)(Wirth, Steven) |
| Filing 1343 OBJECTION re 1333 MOTION for Attorney Fees and Costs of Administrative Expenses, 1334 MOTION for Attorney Fees and Costs as Administrative Expenses Receiver's Objection to Wells Fargo's Motion for Payment of Certain Fees and Costs as Administrative Expenses. (Sharp, Susan) |
| Filing 1342 OBJECTION re 1332 MOTION for miscellaneous relief, specifically for an Order Directing Receiver to Turnover Rents from Rite Aid Property . (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Sharp, Susan) |
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Filing 1341
ORDER granting 1340 Motion to Extend Time to File Response/Objections to 1332 Motion for an Order Directing Receiver to Turnover Rents from Rite Aid Property and 1334 Motion for Attorney Fees and Costs as Administrative Expenses on or before 12/22/2017. Signed by Judge Richard A. Lazzara on 12/15/2017. (CCB)
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| Filing 1340 MOTION to extend time to Respond to Motions Filed by Wells Fargo Bank, N.A. , MOTION for Extension of Time to File Response/Reply as to 1334 MOTION for Attorney Fees and Costs as Administrative Expenses, 1332 MOTION for miscellaneous relief, specifically for an Order Directing Receiver to Turnover Rents from Rite Aid Property by Burton W. Wiand. (Sharp, Susan) |
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Filing 1339
ENDORSED ORDER granting 1338 Motion to Withdraw as Attorney. Sean P. O'Keefe is relieved of any further responsibility in the case. Signed by Judge Richard A. Lazzara on 12/11/2017. (SKH)
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| Filing 1338 Unopposed MOTION for Sean P. Keefe to withdraw as attorney for the Receiver by Burton W. Wiand. (Keefe, Sean) |
| Filing 1337 NOTICE of Appearance by John L. Dicks, II on behalf of Wells Fargo Bank, N.A. (Dicks, John) |
| Filing 1336 NOTICE of unavailability of counsel by Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, N.A. from December 18 - December 29, 2017; and January 10 - January 16, 2018 to January 17, 2018. (Shaheen, Louis) |
| Filing 1335 NOTICE of unavailability of counsel by Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, N.A. from December 13, 14 and 15, 22 - 29, 2017, January 4 and 5, 17 and 18, 2018 to January 19, 2018. (Wirth, Steven) |
| Filing 1334 MOTION for Attorney Fees and Costs as Administrative Expenses by Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, N.A.. (Attachments: # 1 Exhibit 1 - Affidavit as to Attorneys' Fees and Costs, # 2 Exhibit 2 - Affidavit as to Reasonableness of Attorneys' Fees and Costs, # 3 Exhibit 3 - Proposed Order, # 4 Exhibit 4 - Excerpts of Applicable Attorneys' Fee Provision)(Wirth, Steven) |
| Filing 1333 MOTION for Attorney Fees and Costs of Administrative Expenses by Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, N.A.. (Attachments: # 1 Exhibit 1 - Affidavit as to Attorneys' Fees and Costs, # 2 Exhibit 2 - Affidavit as to Reasonableness of Attorneys' Fees and Costs, # 3 Exhibit 3 - Proposed Order, # 4 Exhibit 4 - Excerpts of Applicable Attorneys' Fee Provision)(Wirth, Steven) Modified on 12/4/2017 refiled with corrected pleading at 1334 Motion (BES). |
| Filing 1332 MOTION for miscellaneous relief, specifically for an Order Directing Receiver to Turnover Rents from Rite Aid Property by Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, N.A.. (Attachments: # 1 Exhibit 1 - Promissory Note, # 2 Exhibit 2 - Deed of Trust & Security Agreement, # 3 Exhibit 3 - Assignment of Rents & Leases, # 4 Exhibit 4 - Proposed Order)(Wirth, Steven) |
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Filing 1331
ORDER granting 1330 Receiver's Twenty-Second Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs to Receiver and His Professionals. Signed by Judge Richard A. Lazzara on 11/17/2017. (SKH)
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| Filing 1330 Unopposed MOTION for Attorney Fees Twenty-Second Interim by Burton W. Wiand. (Attachments: # 1 Exhibit Standardized Fund Accounting Report, # 2 Exhibit Rec's 1st Interim Report, # 3 Exhibit Prior Listing of Interim Motions, # 4 Exhibit Scoop Receivership - Representation of Scoop Receivership, # 5 Exhibit Scoop Receivership - Quest Energy Management Group, Inc, # 6 Exhibit Categorization and Summary of all WGK Costs, # 7 Exhibit Attorney Fee Schedule, # 8 Exhibit Scoop Legal Team - Scoop Capital, LLC Receivership, # 9 Exhibit Scoop Legal Team - Recovery from Investors, # 10 Exhibit James Hoyer, PA - Claims Administration and Objections, # 11 Exhibit James Hoyer, PA - Asset Analysis & Recovery, # 12 Exhibit Scoop Legal Team - Quest Energy Management Group, Inc, # 13 Exhibit PDR Certified Public Accountants, # 14 Exhibit E-Hounds, Inc., # 15 Exhibit The RWJ Group, LLC, # 16 Exhibit Stichter Riedel Blain & Postler PA, # 17 Exhibit Scott Douglas McConnico, # 18 Exhibit Proposed Order)(Lamont, Michael) |
| Filing 1329 NOTICE cancelling hearing on Motion to Enforce Constructive Trust scheduled for 11/3/2017 at 10:00 a.m. (CCB) |
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Filing 1328
ORDER ATTACHED denying without prejudice 1310 Motion to Enforce Constructive Trust and other relief and cancelling hearing. Signed by Judge Richard A. Lazzara on 11/1/2017. (CCB)
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Filing 1327
ENDORSED ORDER re: Those individuals who requested to participate in the hearing by telephone are directed to call the reserved conference toll free number at 1-888-684-8852. The access code to enter the telephone conference for all participants is: 8384691 followed by the # (pound) key. Participants will then be prompted to enter the participant security code of 19870 followed by the # (pound) key. This conference will be activated at 9:30 a.m. so the status conference may start promptly at 10:00 a.m. Signed by Judge Richard A. Lazzara on 11/1/2017. (MSS)
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| Filing 1326 NOTICE of unavailability by Manon Sommers-Lee from 10/27/2017 to 11/6/2017. (LSS) |
| Filing 1325 NOTICE of unavailability by Vernon M. Lee from 10/27/2017 to 11/6/2017. (Attachments: # 1 Mailing Envelope)(LSS) |
| Filing 1324 RESPONSE in Opposition re 1310 Verified MOTION for miscellaneous relief, specifically to Enforce Constructive Trust through Turnover of Real Property, or in the Alternative, through Foreclosure of the Receiver's Equitable Lien filed by Manon Sommers-Lee. (Attachments: # 1 Mailing Envelope)(LSS) |
| Filing 1323 NOTICE of hearing on 1310 Verified Motion to Enforce Constructive Trust through Turnover of Real Property, or in the Alternative, through Foreclosure of the Receiver's Equitable Lien set for 11/3/2017 at 10:00 a.m. in Tampa Courtroom 15 B before Judge Richard A. Lazzara. (CCB) |
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Filing 1322
ORDER ATTACHED directing the Receiver to reply to the response 1321 to 1310 the Verified Motion to Enforce Constructive Trust through Turnover of Real Property, or in the Alternative, through Foreclosure of the Receiver's Equitable Lien no later than 11/1/2017. Signed by Judge Richard A. Lazzara on 10/25/2017. (CCB) (LSS).
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| Filing 1321 RESPONSE in Opposition re 1310 Verified MOTION for miscellaneous relief, specifically to Enforce Constructive Trust through Turnover of Real Property, or in the Alternative, through Foreclosure of the Receiver's Equitable Lien filed by Vernon M. Lee. (Attachments: # 1 Mailing Envelope)(LSS) |
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Filing 1320
ORDER denying Vernon Lee's pro se construed motion for production of documents and extension of time 1139 for the reasons set forth in the attached order. Signed by Judge Richard A. Lazzara on 10/18/2017. (CCB)
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| Filing 1319 Remark: Letter addressed to Judge Lazzara, received from Vernon Lee. (Attachments: # 1 Mailing Envelope) (LSS) |
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Filing 1318
ENDORSED ORDER granting 1317 McIntyre Thanasides Bringgold Elliot Grimaldi & Guito, P.A.'s Motion to Withdraw as Attorney for Lee and Meeker. Attorney Paul B. Thanasides terminated. Signed by Judge Richard A. Lazzara on 10/6/2017. (CCB)
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| Filing 1317 MOTION for Paul Thanasides to withdraw as attorney for Vernon M. Lee and Brian L. Meeker by Vernon M. Lee, Brian L. Meeker. (Thanasides, Paul) |
| Filing 1316 NOTICE of compliance re 1315 Order on Motion to Strike by Burton W. Wiand (Lamont, Michael) |
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Filing 1315
ORDER denying 1314 Motion to Strike 1310 Verified Motion to Enforce Constructive Trust through Turnover of Real Property, or in the Alternative, through Foreclosure of the Receiver's Equitable Lien. Receiver to send Motion to Strike 1310 and certify same in accordance with the attached order. Response due on or before 10/25/2017. The clerk is directed to send order as noted in the attached order. Signed by Judge Richard A. Lazzara on 10/4/2017. (CCB)
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| Filing 1314 Motion to strike 1310 Verified MOTION for miscellaneous relief, specifically to Enforce Constructive Trust through Turnover of Real Property, or in the Alternative, through Foreclosure of the Receiver's Equitable Lien Motion to Strike filed by Vernon M. Lee. (Martin, Benjamin) Modified relief and text on 10/4/2017 (KMM). |
| Filing 1313 NOTICE of LIMITED Appearance by Benjamin G. Martin on behalf of Vernon M. Lee (Martin, Benjamin) |
| Filing 1312 NOTICE by Burton W. Wiand Notice of Receipt (Sharp, Susan) . |
| Filing 1311 DECLARATION of Burton W. Wiand re 1310 Verified MOTION for miscellaneous relief, specifically to Enforce Constructive Trust through Turnover of Real Property, or in the Alternative, through Foreclosure of the Receiver's Equitable Lien by Burton W. Wiand. (Attachments: # 1 Exhibit A - Doc 29 Order granting partial motion for summary judgment, # 2 Exhibit B - Final Judgment, # 3 Exhibit C - BK Case Doc 39 Order Granting Motion to Confirm Termination or Absence of Stay or Alternatively Relief From the Automatic Stay, # 4 Exhibit D - AQ Doc 115 Motion to transfer, # 5 Exhibit E - AQ Doc 182 ORDER granting 115 Motion to transfer; granting 117 Motion to transfer, # 6 Exhibit F - AQ Doc 184 Turnover Order, # 7 Exhibit G - 1 (pages 1-25) - AQ Doc 258 MOTION for confirmation of sale of Realty - with exhibits, # 8 Exhibit G - 2 (pages 25-50) - AQ Doc 258 MOTION for confirmation of sale of Realty - with exhibits-2, # 9 Exhibit G - 3 (pages 51-101) - AQ Doc 258 MOTION for confirmation of sale of Realty - with exhibits-2, # 10 Exhibit H - AQ Doc 263 FINAL JUDGMENT CONFIRMING RECEIVER'S SALE OF REALTY, # 11 Exhibit I - Hudgins Doc 264 Order Approving Sale of Real Propert)(Lamont, Michael) |
| Filing 1310 Verified MOTION for miscellaneous relief, specifically to Enforce Constructive Trust through Turnover of Real Property, or in the Alternative, through Foreclosure of the Receiver's Equitable Lien by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Proposed Order)(Lamont, Michael) |
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Filing 1309
ORDER granting 1308 Unopposed Motion for miscellaneous relief, specifically to approve Seventh Interim Distribution by Burton W. Wiand. Signed by Judge Richard A. Lazzara on 9/15/2017. (SKH)
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| Filing 1308 Unopposed MOTION for miscellaneous relief, specifically to approve Seventh Interim Distribution by Burton W. Wiand. (Attachments: # 1 Exhibit A - Distribution Amounts, # 2 Exhibit B - Reserves, # 3 Exhibit C - Proposed Order)(Lamont, Michael) |
| Filing 1307 NOTICE by Arthur Nadel Request to Stop Electronic Notifications (Foster, Todd) |
| Filing 1306 NOTICE by William F Bishop Request to Stop Electronic Notifications (Essenson, James) |
| Filing 1305 NOTICE by World Opportunity Fund, L.P. Request to Stop Electronic Notification and Notice of Removal of Counsel for Interested Party (Connelly, James) |
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Filing 1304
ORDER granting 1302 Unopposed Motion for APPROVAL OF THE SALE OF (1) CERTAIN ASSETS OF QUEST ENERGY MANAGEMENT, INC., and (2) DISPOSITION OF OTHER ASSETS OF QUEST ENERGY MANAGEMENT, INC. WITHOUT FURTHER ORDER FROM THE COURT by Burton W. Wiand. Signed by Judge Richard A. Lazzara on 8/17/2017. (SKH)
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| Filing 1303 NOTICE by La Bellasara Condominium Association, Inc. to Stop Electronic Notification (Garcia, Martin) |
| Filing 1302 Unopposed MOTION for APPROVAL OF THE SALE OF (1) CERTAIN ASSETS OF QUEST ENERGY MANAGEMENT, INC. AND (2) DISPOSITION OF OTHER ASSETS OF QUEST ENERGY MANAGEMENT, INC. WITHOUT FURTHER ORDER FROM THE COURT by Burton W. Wiand. (Attachments: # 1 Exhibit Ex 1 - Order, # 2 Exhibit Ex 2 - Hatchett Equipment Inventory, # 3 Exhibit Ex 3 - Copies of Orders)(Perez, Jared) Modified relief and text on 8/15/2017 (KMM). |
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Filing 1301
ORDER granting 1300 Receiver's Verified Motion for Approval of Sale of Undeveloped Land Located in Buncombe County, North Carolina. Signed by Judge Richard A. Lazzara on 7/7/2017. (SKH)
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| Filing 1300 MOTION for an order approving sale of undeveloped land in Buncombe County, North Carolina by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Order, # 2 Exhibit 2 - Appraisal - March 2015, # 3 Exhibit 3 - Purchase and Sale Agreement, # 4 Exhibit 4 - Receiver's Deed)(Perez, Jared) Modified relief and text on 7/6/2017 (KMM). |
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Filing 1299
ORDER granting 1298 Motion for Clarification. Within three business days the Receiver shall disburse the funds as set forth in the attached Order (see order for further details). Signed by Judge Richard A. Lazzara on 6/22/2017. (SKH)
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| Filing 1298 Unopposed MOTION for clarification re 1296 Order on Motion for Settlement, 1297 Order pdf by Burton W. Wiand. (Sharp, Susan) |
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Filing 1297
ORDER ATTACHED directing the Receiver to disburse to La Bellasara $103,109.60 from the sale proceeds of the La Bellasara property. Signed by Judge Richard A. Lazzara on 6/21/2017. (SKH)
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Filing 1296
ORDER granting 1291 Unopposed Motion for Settlement with Wells Fargo. Signed by Judge Richard A. Lazzara on 6/21/2017. (SKH)
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| Filing 1295 STIPULATION re 1291 Unopposed MOTION for Settlement with Wells Fargo; Entry of an Order Authorizing Disbursement of Sale Proceeds to Wells Fargo; and Relief from Injunction, Permitting Wells Fargo to Foreclose on the Laurel Mountain Property, 1293 Order on Motion for Extension of Time to File Response/Reply by La Bellasara Condominium Association, Inc.. (Garcia, Martin) |
| Filing 1294 NOTICE of change of address by Sean P. Keefe (Keefe, Sean) |
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Filing 1293
ORDER ATTACHED granting 1292 Motion for Extension of Time to File Response/Reply to 1291 Unopposed Motion for Settlement with Wells Fargo; Entry of an Order Authorizing Disbursement of Sale Proceeds to Wells Fargo; and Relief from Injunction, Permitting Wells Fargo to Foreclose on the Laurel Mountain Property. The response is due on or before 6/20/2017, and the Reply is due on or before 6/27/2017. Signed by Judge Richard A. Lazzara on 6/13/2017. (CB)
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| Filing 1292 MOTION for Extension of Time to File Response/Reply as to 1291 Unopposed MOTION for Settlement with Wells Fargo; Entry of an Order Authorizing Disbursement of Sale Proceeds to Wells Fargo; and Relief from Injunction, Permitting Wells Fargo to Foreclose on the Laurel Mountain Property by La Bellasara Condominium Association, Inc.. (Garcia, Martin) |
| Filing 1291 Unopposed MOTION for Settlement with Wells Fargo; Entry of an Order Authorizing Disbursement of Sale Proceeds to Wells Fargo; and Relief from Injunction, Permitting Wells Fargo to Foreclose on the Laurel Mountain Property by Burton W. Wiand. (Attachments: # 1 Composite Exhibit A, # 2 Composite Exhibit B, # 3 Composite Exhibit C, # 4 Composite Exhibit D, # 5 Exhibit E)(Sharp, Susan) |
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Filing 1290
ORDER ATTACHED regarding the Hatchett Lease involving Quest. Receiver has 90 days to retrieve the equipment without interference. Signed by Judge Richard A. Lazzara on 6/1/2017. (CCB)
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| Filing 1289 STATUS report Receiver's Twenty-First Interim Report by Burton W. Wiand. (Attachments: # 1 Exhibit A - Standardized Fund Accounting Report, # 2 Exhibit B - Receivership Assets Sold or Otherwise Disposed, # 3 Exhibit C - Chris Moody's Assets, # 4 Exhibit D - Neil Moody's Assets)(Lamont, Michael) |
| Mail returned as Undeliverable re: 1284 Order on motion to extend time. Sent to 6500 Lakeview Dr., Falls Church, VA 22041. Return to sender; attempted not known; unable to forward to Chester Vincentz. (LMD) |
| Filing 1288 BRIEF on the status of the Hatchett Lease filed by John Hatchett Carney. (KMM) |
| Filing 1287 BRIEF filed by Byron W. Hatchett. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Mailing Envelope)(KMM) |
| Filing 1286 DECLARATION of Jeffrey C. Rizzo re 1285 Memorandum in support by Burton W. Wiand. (Attachments: # 1 Exhibit Exhibit 1 - RE Quest Oil Lease, # 2 Exhibit Exhibit 2 - State Bar of Texas _ Find A Lawyer _ John Hatchett Carney, # 3 Exhibit Exhibit 3 - FW Hatchett Ranch oil revenue suspense, # 4 Exhibit Exhibit 4 - RE. Big Problem, # 5 Exhibit Exhibit 5 - FW Fax Hatchett, # 6 Exhibit Exhibit 6 - FW. W-9 and Gryska POA, # 7 Exhibit Exhibit 7 - Letter - Carney re. $1500 check for Hatchett Ranch for new well, # 8 Exhibit Exhibit 8 - Letter to Receiver's attorneys, # 9 Exhibit Exhibit 9 - Hatchett Lease)(Maglich, Jordan) |
| Filing 1285 MEMORANDUM in support re 1272 Order on motion to stayOrder on Motion for Order to Show CauseOrder on Motion for Leave to File Receiver's Supplemental Brief filed by Burton W. Wiand. (Attachments: # 1 Exhibit Exhibit A - SEC v Nadel Hearing Transcript of 03-22-17 Hearing)(Maglich, Jordan) |
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Filing 1284
ENDORSED ORDER granting 1283 Motion to Extend Time to File Supplemental Briefing on or before May 5, 2017. Signed by Judge Richard A. Lazzara on 4/26/2017. (CCB)
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| Filing 1283 Unopposed MOTION to extend time to May 5, 2017 to submit supplemental briefing regarding Hatchett Lease by Burton W. Wiand. (Maglich, Jordan) Modified text on 4/26/2017 (KMM). |
| Filing 1282 MANDATE of USCA: Reversed and Remanded as to 1226 Notice of appeal filed by Wells Fargo Bank, N.A. Issued as Mandate: 4/19/17 USCA number: 16-10942-GG. (JNB) |
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Filing 1281
ENDORSED ORDER granting 1280 Motion for Extension of Time to File Supplemental Briefs on or before April 26, 2017. Signed by Judge Richard A. Lazzara on 4/13/2017. (CCB)
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| Filing 1280 MOTION for Extension of Time to File Supplemental Briefing Regarding Harchett Lease by Burton W. Wiand. (Maglich, Jordan) |
| Filing 1279 NOTICE of Appearance by Jordan D. Maglich on behalf of Burton W. Wiand (Maglich, Jordan) |
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Filing 1278
ENDORSED ORDER granting 1277 Motion to Withdraw Attorney Gianluca Morello only as counsel for Receiver. Attorney Gianluca Morello terminated. The Clerk is directed to change the docket accordingly. Signed by Judge Richard A. Lazzara on 4/11/2017. (CCB)
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| Filing 1277 Unopposed MOTION for Gianluca Morello to withdraw as attorney for Plaintiff-Receiver by Burton W. Wiand. (Lamont, Michael) |
| Filing 1276 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT of March 22, 2017 motion hearing. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. (DJC) |
| Filing 1275 TRANSCRIPT of motion hearing held on March 22, 2017 before the Honorable Judge Richard A. Lazzara. Court Reporter David J. Collier, Telephone number (813) 301-5575. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 4/21/2017, Redacted Transcript Deadline set for 5/1/2017, Release of Transcript Restriction set for 6/29/2017. (DJC) |
| Filing 1274 Respondent's Exhibit List by John Hatchett Carney. (Attachments: Exhibit # 1 - Photograph of Pit.) (CAB) |
| Filing 1273 Minute Entry. Proceedings held before Judge Richard A. Lazzara: MOTION HEARING held on 3/22/2017 re: 1261 Emergency MOTION to stay /enjoin Texas Railroad Commission Administrative Proceeding filed against Receivership Entity Quest Energy Management Group, Inc. and MOTION for order to show cause why sanctions should not be imposed against Hatchett Leaseholders and their Representatives for failure to comply with the Court's Order Appointing Receiver filed by Burton W. Wiand. Court Reporter: David Collier (CAB) |
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Filing 1272
ORDER ATTACHED granting 1261 Motion to Stay; denying 1261 Motion for Order to Show Cause; denying [1269 & 1271] Motions for Leave to File Suit; and directing the parties to file legal memoranda no later than April 19, 2017. Signed by Judge Richard A. Lazzara on 3/22/2017. (CCB)
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| Filing 1271 MOTION for leave to file suit for damages and declaratory relief against receiver by John Hatchett Carney. (KMM) |
| Filing 1270 RESPONSE to Motion re 1261 Emergency MOTION to stay /enjoin Texas Railroad Commission Administrative Proceeding filed against Receivership Entity Quest Energy Management Group, Inc. and MOTION for order to show cause why sanctions should not be imposed against Hatchett Leaseholders and their Representatives for failure to comply with the Court's Order Appointing Receiver filed by John Hatchett Carney. (KMM) |
| Filing 1269 MOTION for leave to file suit for damages and declaratory relief against receiver by Byron W. Hatchett. (Attachments: # 1 Exhibit)(KMM) |
| Filing 1268 RESPONSE to Motion re 1261 Emergency MOTION to stay /enjoin Texas Railroad Commission Administrative Proceeding filed against Receivership Entity Quest Energy Management Group, Inc. and MOTION for order to show cause why sanctions should not be imposed against Hatchett Leaseholders and their Representatives for failure to comply with the Court's Order Appointing Receiver filed by Byron W. Hatchett. (Attachments: # 1 Exhibit)(KMM) |
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Filing 1267
ORDER granting 1266 Motion, specifically to Abandon Contents of Torrance, CA, Storage Unit and give possession of same to the Securities and Exchange Commission by Burton W. Wiand. Signed by Judge Richard A. Lazzara on 3/8/2017.(SKH)
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| Filing 1266 Unopposed MOTION for miscellaneous relief, specifically to Abandon Contents of Torrance, CA., Storage Unit and Give Possession of Same to the Securities and Exchange Commission by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Proposed Order, # 2 Exhibit 2 - CMA Storage Unit Inventory)(Morello, Gianluca) |
| Filing 1265 NOTICE of compliance re 1263 Order directing response to motion by Burton W. Wiand (Morello, Gianluca) |
| Filing 1264 NOTICE of Hearing on 1261 Emergency Motion to Stay/enjoin Texas Railroad Commission Administrative Proceeding filed against Receivership Entity Quest Energy Management Group, Inc. and Motion for Order to Show Cause for 3/22/2017 at 11:00 AM in Tampa Courtroom 15 B before Judge Richard A. Lazzara. (CCB) |
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Filing 1263
ORDER ATTACHED setting hearing for Wednesday, March 22, 2017, at 11:00 a.m. in Courtroom 15B on 1261 Emergency Motion to Stay/enjoin Texas Railroad Commission Administrative Proceeding filed against Receivership Entity Quest Energy Management Group, Inc. and Motion for Order to show cause why sanctions should not be imposed against Hatchett Leaseholders and their Representatives for failure to comply with the Court's Order Appointing Receiver; and directing response to same no later than 3/20/2017. Signed by Judge Richard A. Lazzara on 3/6/2017. (CCB)
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| Filing 1262 DECLARATION of Burton W. Wiand, as Receiver re 1261 Emergency MOTION to stay /enjoin Texas Railroad Commission Administrative Proceeding filed against Receivership Entity Quest Energy Management Group, Inc. and MOTION for order to show cause why sanctions should not be imposed against Hatchett Leaseholders and their Representatives for failure to comply with the Court's Order Appointing Receiver by Burton W. Wiand. (Morello, Gianluca) |
| Filing 1261 Emergency MOTION to stay /enjoin Texas Railroad Commission Administrative Proceeding filed against Receivership Entity Quest Energy Management Group, Inc. and, MOTION for order to show cause why sanctions should not be imposed against Hatchett Leaseholders and their Representatives for failure to comply with the Court's Order Appointing Receiver by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Letter to Hatchett Ranch enclosing Receivership Orders, # 2 Exhibit 2 - Letter to Bill Hatchett, # 3 Exhibit 3 - Quest EMG 8-20-13, # 4 Exhibit 4 - QUEST - Letter to Hatchett and Gilmore 8-27-13, # 5 Exhibit 5 - Letter to Receiver's attorneys, # 6 Exhibit 6 - Letter to J. Carney re. Hatchett Ranch, # 7 Exhibit 7 - Quest-Hatchett Ranch. Railroad Commission of Texas Letter 11.29.16, # 8 Exhibit 8 - Letter 12-28-16, # 9 Exhibit 9 - Notice of Filing Correspondence and Receivership Orders, # 10 Exhibit 10 - Letter from RRC 1.19.17)(Morello, Gianluca) |
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Filing 1260
OPINION/ORDER of USCA: Reversed and Remanded as to 1226 Notice of appeal filed by Wells Fargo Bank, N.A.. EOD: 2/22/17; Mandate to issue at a later date. USCA number: 16-10942-GG. (JNB)
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Filing 1259
ORDER ATTACHED granting 1253 Receiver's Motion to Approve Sixth Interim Distribution and to Increase Certain Reserves. Signed by Judge Richard A. Lazzara on 1/10/2017. (CCB)
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| Filing 1258 REPLY to Response to Motion re 1253 Unopposed MOTION for miscellaneous relief, specifically to approve Sixth Interim Distribution filed by Burton W. Wiand. (Keefe, Sean) |
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Filing 1257
ENDORSED ORDER granting 1256 unopposed motion for extension of time to file response/reply as to 1254 memorandum in opposition to Receiver's unopposed motion to approve sixth interim distribution and increase certain reserves by Burton W. Wiand. An extension of time for filing is granted until January 9, 2017. Signed by Judge Richard A. Lazzara on 12/27/2016.(DMB)
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| Filing 1256 Unopposed MOTION for Extension of Time to File Response/Reply as to 1254 Memorandum in opposition to Receiver's unopposed motion to approve sixth interim distribution and increase certain reserves by Burton W. Wiand. (Keefe, Sean) |
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Filing 1255
ENDORSED ORDER directing Burton W. Wiand to respond to Wells Fargo Bank, N.A.'s Limited Objection 1254 to Unopposed Motion to Approve Sixth Interim Distribution and Increase Certain Reserves on or before January 5/2017. Signed by Judge Richard A. Lazzara on 12/21/2016. (CCB)
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| Filing 1254 MEMORANDUM in opposition re 1253 Motion for Miscellaneous Relief to Receiver's Unopposed Motion to (1) Approve Sixth Interim Distribution and (2) Increase Certain Reserves filed by Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, N.A.. (Wirth, Steven) |
| Filing 1253 Unopposed MOTION for miscellaneous relief, specifically to approve Sixth Interim Distribution by Burton W. Wiand. (Attachments: # 1 Exhibit Distribution Schedule, # 2 Exhibit Reserves, # 3 Exhibit Proposed Order)(Morello, Gianluca) |
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Filing 1252
ENDORSED ORDER granting Request by Intervenor GE Capital Corp. to Stop Electronic Notification 1251 . The Clerk is directed to term Bush Ross, P.A. and to remove them from electronic notification. Signed by Judge Richard A. Lazzara on 10/24/2016. (CCB)
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| Filing 1251 NOTICE by General Electric Capital Corporation to Stop Electronic Notification (Kasten, Arthur) |
| Filing 1250 NOTICE by Burton W. Wiand of Filing Final Judgments Against Paul R. Downey, Jeffry P. Downey, and John M. Leonard (Attachments: # 1 Exhibit Composite Exhibit A, # 2 Exhibit Composite Exhibit B)(Morello, Gianluca) |
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Filing 1249
ORDER granting 1245 Twenty-First Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs to Receiver and His Professionals. Signed by Judge Richard A. Lazzara on 10/6/2016. (SKH)
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Filing 1248
ORDER ATTACHED denying 1244 First National Bank's Motion to Intervene and Go Free of Stay. Signed by Judge Richard A. Lazzara on 9/27/2016. (CCB)
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| Filing 1247 RESPONSE in Opposition re 1244 MOTION to intervene [Renewed] and MOTION for miscellaneous relief, specifically Relief from Stay to Enforce its Security Interest in Assets of Quest Energy Management Group, Inc. and Memorandum of Law filed by Securities and Exchange Commission. (Levenson, Robert) |
| Filing 1246 RESPONSE in Opposition re 1244 MOTION to intervene [Renewed] and MOTION for miscellaneous relief, specifically Relief from Stay to Enforce its Security Interest in Assets of Quest Energy Management Group, Inc. and Memorandum of Law filed by Burton W. Wiand. (Attachments: # 1 Exhibit First National Bank's Proof of Claim Form)(Morello, Gianluca) |
| Filing 1245 Unopposed Twenty-First Interim MOTION for Attorney Fees by Burton W. Wiand. (Attachments: # 1 Exhibit Standardized Fund Accounting Report, # 2 Exhibit Rec's 20th Interim Report, # 3 Exhibit Prior Listing of Interim Motions, # 4 Exhibit Representation of Scoop Receivership, # 5 Exhibit Recovery from Investors, # 6 Exhibit Recovery of Assets from N. and C. Moody, # 7 Exhibit Quest Energy Management Group, Inc., # 8 Exhibit Categorization and Summary of all WGK Costs, # 9 Exhibit Attorney Fee Schedule, # 10 Exhibit Scoop Capital, LLC Receivership, # 11 Exhibit Recovery from Investors, # 12 Exhibit Recovery of Assets from N. and C. Moody, # 13 Exhibit Recovery of Commissions, # 14 Exhibit James Hoyer, PA - Claims Administration and Objections, # 15 Exhibit James Hoyer, PA - Asset Analysis & Recovery, # 16 Exhibit Quest Energy Management Group, Inc., # 17 Exhibit PDR Certified Public Accountants, # 18 Exhibit E-Hounds, Inc, # 19 Exhibit The RWJ Group, LLC, # 20 Exhibit Yip Associates, # 21 Exhibit Goetz, Baldwin & Geddes P.C., # 22 Exhibit Stichter Riedel Blain & Postler PA, # 23 Exhibit Law Office of D. Harris and Law Office of A. Anderson, # 24 Exhibit Proposed Order)(Morello, Gianluca) Modified text on 9/20/2016 (KMM). |
| Filing 1244 MOTION to intervene [Renewed] and, MOTION for miscellaneous relief, specifically Relief from Stay to Enforce its Security Interest in Assets of Quest Energy Management Group, Inc. and Memorandum of Law by First National Bank of Albany/Breckenridge. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Rotella, Raymond) Motions referred to Magistrate Judge Thomas B. McCoun III. |
| Filing 1243 STATUS report Receiver's Twentieth Interim Report by Burton W. Wiand. (Attachments: # 1 Exhibit A - Standardized Fund Accounting Report, # 2 Exhibit B - Receivership Assets Sold or Otherwise Disposed, # 3 Exhibit C - Chris Moody's Assets, # 4 Exhibit D - Neil Moody's Assets)(Morello, Gianluca) |
| Filing 1242 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: 1226 Notice of appeal. The following documents will be forwarded in paper format upon the request for the record on appeal by the USCA in addition to the electronic record. Volume of pleadings: 1 volume USCA number: 16-10942-GG (KMM) (KMM). |
| TRANSMITTAL to USCA forwarding 1 volume of pleadings re 1226 Notice of appeal USCA number: 16-10942-GG. (KMM) |
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Filing 1241
ORDER granting 1240 Unopposed Motion to (1) approve procedure to administer claims and proof of claim form (2) establish deadline for filing proofs of claim, and (3) Permit notice by mail and publication. Signed by Judge Richard A. Lazzara on 6/17/2016. (MSS)
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| Filing 1240 Unopposed MOTION for miscellaneous relief, specifically (1) Approve Procedure to Administer Claims and Proof of Claim Form, (2) Establish Deadline for Filing Proofs of Claim, and (3) Permit Notice by Mail and Publication for Receivership Entity Quest by Burton W. Wiand. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Morello, Gianluca) |
| Filing 1239 NOTICE by Van Operating, Ltd. of Substitution of Counsel (Lieb, Stephanie) |
| Filing 1238 NOTICE by Burton W. Wiand re 1230 Order on Motion for Order of SaleOrder on Motion for Order to Show Cause - Return of Service on Thomas Walbridge (Attachments: # 1 Exhibit Thomas Walbridge Return of Service)(Morello, Gianluca) |
| Filing 1237 NOTICE by Burton W. Wiand re 1230 Order on Motion for Order of SaleOrder on Motion for Order to Show Cause - Return of Service on Anne Nadel Walbridge (Attachments: # 1 Exhibit Anne Nadel Walbridge Return of Service)(Morello, Gianluca) |
| Filing 1236 NOTICE of compliance re 1235 Notice canceling hearing by Burton W. Wiand (Morello, Gianluca) |
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Filing 1235
ORDER/NOTICE canceling Show Cause hearing scheduled for Friday, March 25, 2016, at 11:00 a.m. Receiver to notify Anne Nadel Walbridge and Thomas Walbridge that they are no longer required to appear before the Court. (SKH)
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| Filing 1234 SUPPLEMENT re 1230 Order on Motion for Order of SaleOrder on Motion for Order to Show Cause (Supplement to Rec's Unopposed Motion at Docket 1229) by Burton W. Wiand. (Morello, Gianluca) |
| Filing 1233 *** Terminated- Counsel notified to properly file document with the case number and style listed on the document *** CERTIFICATE of service by Burton W. Wiand re 1229 MOTION for Order of Sale MOTION for order to show cause, 1230 Order on Motion for Order of SaleOrder on Motion for Order to Show Cause (Service on Thomas Walbridge). (Morello, Gianluca) Modified text and NEF regenerated on 3/24/2016 (KMM). |
| Filing 1232 *** Terminated- Counsel notified to properly file document with the case number and style listed on the document *** CERTIFICATE of service by Burton W. Wiand re 1229 MOTION for Order of Sale MOTION for order to show cause, 1230 Order on Motion for Order of SaleOrder on Motion for Order to Show Cause (Service on Anne Nadel Walbridge). (Morello, Gianluca) Modified text and NEF regenerated on 3/24/2016 (KMM). |
| Filing 1231 NOTICE OF HEARING: Show Cause Hearing scheduled 3/25/2016 at 11:00 a.m., in Tampa Courtroom 10B before Judge Richard A. Lazzara. (Note change in Courtroom due to construction.) (SKH) |
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Filing 1230
ORDER granting 1229 Receiver's Unopposed Verified Motion for Approval of Sale and scheduling Show Cause Hearing for FRIDAY, MARCH 25, 2016, at 11:00 a.m., in COURTROOM 10B, before the undersigned, in the event that Anne Nadel Walbridge and Thomas Walbridge do not forthwith execute the quit claim deed transferring any and all interests they may have in the subject property in Vermont to the Receiver. Signed by Judge Richard A. Lazzara on 3/16/2016. (SKH)
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| Filing 1229 Unopposed MOTION for Approval of Sale of Real Property Located in Marshfield, Washington County, Vermont and for Order to Show Cause by Burton W. Wiand. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Morello, Gianluca) . Modified on 3/16/2016 (KMM). |
| Filing 1228 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 1226 Notice of appeal. (KMM) |
| TRANSMITTAL to USCA forwarding copy of docket entry re: receipt for appeal filing fee re 1226 Notice of appeal USCA number: unknown. (KMM) |
| USCA appeal fees received $ 505 receipt number tpa35272 re 1226 Notice of appeal filed by Wells Fargo Bank, N.A. (ARC) |
| Filing 1227 TRANSCRIPT information form filed by Wells Fargo Bank, N.A. re 1226 Notice of appeal. (Wirth, Steven) |
| Filing 1226 NOTICE OF APPEAL as to 1222 Order on Motion for Miscellaneous Relief by Wells Fargo Bank, N.A.. Filing fee not paid. (Attachments: # 1 Exhibit A)(Wirth, Steven) |
| Filing 1225 COUNSEL NOTIFIED TO REFILE USING CORRECT EVENT CODE UNDER APPEAL DOCUMENTS NOTICE by Wells Fargo Bank, N.A. of Appeal (Attachments: # 1 Exhibit A)(Wirth, Steven) Modified on 3/3/2016 (BSN). |
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Filing 1224
ORDER denying without prejudice 1223 Pro-Se Motion for miscellaneous relief, specifically to utilize CM/ECF by Paul Downey. Mr. Downey may resubmit his request with a detailed explanation as to why he needs to access this case through the CM/ECF system. Signed by Judge Richard A. Lazzara on 2/18/2016. (SKH)
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| Filing 1223 Pro-Se MOTION for miscellaneous relief, specifically to utilize CM/ECF by Paul Downey. (Attachment # 1 Mailing Envelope) (KMM) |
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Filing 1222
ORDER ATTACHED granting 1209 Receiver's Motion Determination that Wells Fargo's Failure to Comply with this Court's Claims Administration Process Extinguished Interests, as set forth in the attached order. Signed by Judge Richard A. Lazzara on 2/2/2016. (CCB)
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| Filing 1221 REPLY to Response to Motion re 1209 MOTION for miscellaneous relief, specifically Determination that Wells Fargo Bank, N.A.'s Failure to Comply with this Court's Claims Administration Process Extinguished Its Purported Interests in Receivership Properties filed by Burton W. Wiand. (Keefe, Sean) |
| Filing 1220 NOTICE of unavailability of counsel by Wells Fargo Bank, N.A. from January 22, 2016 to through January 29, 2016. (Wirth, Steven) |
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Filing 1219
ENDORSED ORDER directing the Receiver Burton W. Wiand to REPLY to Response in Opposition re 1209 Motion to determine that Wells Fargo Bank's failure to comply with this Court's Claims Administration Process extinguished its purported interests in receivership properties and for lease of proceeds of sale of Sarasota property. Reply due by 1/11/2016. Signed by Judge Richard A. Lazzara on 12/28/2015. (SKH)
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Filing 1218
ORDER granting 1211 Unopposed Receiver's Twentieth Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs to Receiver and his Professionals. Signed by Judge Richard A. Lazzara on 12/28/2015. (SKH)
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| Filing 1217 REQUEST for oral argument re 1216 Response in Opposition to Motion for Determination that Wells Fargo Bank, N.A.'s Failure to Comply with this Court's Claims Administration Process Extinguished its Purported Interest In Receivership Properties, and for Release of Proceeds of Sale of Sarasota Property by Wells Fargo Bank, N.A.. (Wirth, Steven) |
| Filing 1216 RESPONSE in Opposition re 1209 MOTION for miscellaneous relief, specifically Determination that Wells Fargo Bank, N.A.'s Failure to Comply with this Court's Claims Administration Process Extinguished Its Purported Interests in Receivership Properties and for Release of Proceeds of Sale of Sarasota Property filed by Wells Fargo Bank, N.A.. (Wirth, Steven) |
| Filing 1215 NOTICE of unavailability of counsel by Wells Fargo Bank, N.A. from December 23, 2015 to January 7, 2016. (Wirth, Steven) |
| Filing 1214 NOTICE of unavailability of counsel by Wells Fargo Bank, N.A. from December 23, 2015 to January 7, 2016. (Shaheen, Louis) |
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Filing 1213
ORDER granting 1212 Unopposed MOTION for miscellaneous relief, specifically to approve fifth interim distribution by Burton W. Wiand. Signed by Judge Richard A. Lazzara on 12/15/2015. (SKH)
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| Filing 1212 Unopposed MOTION for miscellaneous relief, specifically to approve fifth interim distribution by Burton W. Wiand. (Attachments: # 1 Exhibit Distribution Schedule, # 2 Exhibit Reserves, # 3 Exhibit Proposed Order)(Morello, Gianluca) |
| Filing 1211 Unopposed MOTION for Attorney Fees (Twentieth Motion) by Burton W. Wiand. (Attachments: # 1 Exhibit Standardized Fund Accounting Report, # 2 Exhibit Rec's 19th Interim Report, # 3 Exhibit Prior Listing of Interim Motions, # 4 Exhibit Representation of Scoop Receivership, # 5 Exhibit Recovery from Investors, # 6 Exhibit Recovery of Assets from N. and C. Moody, # 7 Exhibit Recovery of Commissions, # 8 Exhibit Quest Energy Management Group, Inc., # 9 Exhibit Appeal of R. Schneiderman, et al, # 10 Exhibit Categorization and Summary of all WGK Costs, # 11 Exhibit Attorney Fee Schedule, # 12 Exhibit Scoop Capital, LLC Receivership, # 13 Exhibit Recovery from Investors, # 14 Exhibit Recovery of Assets from N. and C. Moody, # 15 Exhibit Recovery of Commissions, # 16 Exhibit James Hoyer Newcomer & Smiljanich PA, # 17 Exhibit James Hoyer Newcomer & Smiljanich PA re appeal, # 18 Exhibit Quest Energy Management Group, Inc., # 19 Exhibit Appeal of R. Schneiderman, et al, # 20 Exhibit PDR Certified Public Accountants, # 21 Exhibit E-Hounds, Inc., # 22 Exhibit The RWJ Group, Inc., # 23 Exhibit Yip Associates, # 24 Exhibit Brannock & Humphries, # 25 Exhibit Scott Douglass McConnico, # 26 Exhibit Stichter Riedel Blain & Postler PA, # 27 Exhibit Law Office of D. Harris and Law Office of A. Anderson, # 28 Exhibit FedReceiver, # 29 Exhibit Proposed Order)(Morello, Gianluca) |
| Filing 1210 DECLARATION of Burton W. Wiand, as Receiver re 1209 MOTION for miscellaneous relief, specifically Determination that Wells Fargo Bank, N.A.'s Failure to Comply with this Court's Claims Administration Process Extinguished Its Purported Interests in Receivership Properties by Burton W. Wiand. (Attachments: # 1 Exhibit Laurel Preserve Loan Invoice, # 2 Exhibit Letter from Wells Fargo Bank, N.A.)(Keefe, Sean) |
| Filing 1209 MOTION for miscellaneous relief, specifically Determination that Wells Fargo Bank, N.A.'s Failure to Comply with this Court's Claims Administration Process Extinguished Its Purported Interests in Receivership Properties by Burton W. Wiand. (Keefe, Sean) |
| Filing 1208 STATUS report The Receiver's Nineteenth Interim Report (5/1/15 - 10/31/15) by Burton W. Wiand. (Attachments: # 1 Exhibit A - Standardized Fund Accounting Report, # 2 Exhibit B - Receivership Assets Sold or Otherwise Disposed, # 3 Exhibit C - Chris Moody's Assets, # 4 Exhibit D - Neil Moody's Assets)(Morello, Gianluca) |
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Filing 1207
ENDORSED ORDER granting 1206 Motion to Substitute Attorney Martin Garcia for La Bellasara Condominium. Attorney Hunter Wyman Carroll terminated. The clerk is directed to effectuate the substitution. Signed by Judge Richard A. Lazzara on 11/6/2015. (CCB)
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| Filing 1206 Consent MOTION to Substitute Attorney by La Bellasara Condominium Association, Inc.. (Attachments: # 1 Exhibit)(Garcia, Martin) |
| Filing 1205 NOTICE of Appearance by Martin Garcia on behalf of La Bellasara Condominium Association, Inc. (Garcia, Martin) |
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Filing 1204
ORDER ATTACHED granting 1199 Receiver's Motion to Overrule Objection to Determination of Claim Number 469. Signed by Judge Richard A. Lazzara on 10/1/2015. (CCB)
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Filing 1203
ORDER ATTACHED granting 1202 Receiver's Motion for Permission to Prosecute Appeal. Signed by Judge Richard A. Lazzara on 9/29/2015. (CCB)
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| Filing 1202 Unopposed MOTION for miscellaneous relief, specifically Permission to Prosecute Appeal by Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Morello, Gianluca) |
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Filing 1201
ORDER granting 1196 Unopposed Receiver's Nineteenth Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs to Receiver and his Professionals. Signed by Judge Richard A. Lazzara on 9/18/2015. (SKH)
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| Filing 1200 NOTICE Of filing Amended Certificate of Service as to by Burton W. Wiand re 1199 MOTION for miscellaneous relief, specifically Overrule Objection to Determination of Claim Number 469 filed by MMG Bank (Morello, Gianluca) Modified on 9/17/2015 (BSN). |
| Filing 1199 MOTION for miscellaneous relief, specifically Overrule Objection to Determination of Claim Number 469 filed by MMG Bank by Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Morello, Gianluca) |
| Mail returned as Undeliverable re: 1185 Order on Motion for Settlement. Unable to forward mail to Donald Rowe. (KMM) |
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Filing 1198
ORDER ATTACHED accepting docket 1195 as a timely filed response and concluding that Claimants' objections should remain overruled. Signed by Judge Richard A. Lazzara on 9/2/2015. (CCB)
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| Filing 1197 RESPONSE to Motion re 1190 MOTION for miscellaneous relief, specifically Motion to Overrule Objections to Claims 403, 404, 405, 406, 407, 408, and 477 filed by Chester Vincentz. (KMM) |
| Filing 1196 Nineteenth Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs to Receiver and His Professionals (November 1, 2014 through April 30, 2015) by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Standardized Fund Accounting Report, # 2 Exhibit 2 - The Receiver's Eighteenth Interim Report, # 3 Exhibit 3 - Prior Interim Motions for Orders Awarding Fees, # 4 Exhibit 4 - Scoop Receivership-Representation of Scoop Receivership, # 5 Exhibit 5 - Scoop Receivership-Recovery from Investors, # 6 Exhibit 6 - Scoop Receivership-Recovery of Commissions, # 7 Exhibit 7 - Scoop Receivership-Quest Energy Management Group, Inc., # 8 Exhibit 8 - Scoop Receivership-Appeal of R. Schneiderman, et al., # 9 Exhibit 9 - Categorization and Summary of all WGK Costs, # 10 Exhibit 10 - Attorney Fee Schedule, # 11 Exhibit 11 - Scoop Legal Team-Scoop Capital, LLC Receivership, # 12 Exhibit 12 - Scoop Legal Team-Recovery from Investors, # 13 Exhibit 13 - Scoop Legal Team-Recovery of Assets from N. and C. Moody, # 14 Exhibit 14 - Scoop Legal Team-Recovery of Commissions, # 15 Exhibit 15 - James, Hoyer, Newcomer & Smiljanich, P.A., # 16 Exhibit 16 - James, Hoyer, Newcomer & Smiljanich, P.A. re appeal, # 17 Exhibit 17 - Scoop Legal Team-Quest Energy Management Group, Inc., # 18 Exhibit 18 - Scoop Legal Team-Appeal of R. Schneiderman, et al., # 19 Exhibit 19 - PDR Certified Public Accountants, # 20 Exhibit 20 - E-Hounds, Inc., # 21 Exhibit 21 - The RWJ Group, LLC, # 22 Exhibit 22 - Yip Associates, # 23 Exhibit 23 - Brannock & Humphries, # 24 Exhibit 24 - Scott Douglass & McConnico LLP, # 25 Exhibit 25 - Law Office of D. Harris and Law Office of A. Anderson, # 26 Exhibit 26 - Proposed Order)(Morello, Gianluca) Modified text on 8/28/2015 (KMM). |
| Filing 1195 Pro Se RESPONSE to Motion re 1190 MOTION for miscellaneous relief, specifically Motion to Overrule Objections to Claims 403, 404, 405, 406, 407, 408, and 477 filed by Chester Vincentz. (KMM) |
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Filing 1194
ORDER granting 1190 Motion to Overrule Objections to Claims. Signed by Judge Richard A. Lazzara on 8/27/2015. (SKH)
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Filing 1193
ORDER of USCA: Motion to dismiss case with prejudice filed by Appellant Branch Banking & Trust Co. Successor to Colonial Bank NA is GRANTED. [7547898-2] Parties are to bear their own costs and attorneys' fees as to 1178 Notice of appeal filed by Branch Banking & Trust Co. Successor to Colonial Bank NA. EOD: 8/19/15; USCA number: 15-12097-AA. (JNB)
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| Filing 1192 Declaration of M. Yip by Burton W. Wiand re 1190 MOTION for miscellaneous relief, specifically Motion to Overrule Objections to Claims 403, 404, 405, 406, 407, 408, and 477 Notice of Filing Declaration of Maria Yip (Attachments: # 1 Exhibit M. Yip Declaration, # 2 Exhibit Ex. 1 to M. Yip Declaration, # 3 Exhibit Ex. 2 to M. Yip Declaration, # 4 Exhibit Ex. 3 to M. Yip Declaration, # 5 Exhibit Ex. 4 to M. Yip Declaration, # 6 Exhibit Ex. 5 to M. Yip Declaration, # 7 Exhibit Ex. 6 to M. Yip Declaration, # 8 Exhibit Ex. 7 to M. Yip Declaration, # 9 Exhibit Ex. 8 to M. Yip Declaration, # 10 Exhibit Ex. 9 to M. Yip Declaration, # 11 Exhibit Ex. 10-1 to M. Yip Declaration, # 12 Exhibit Ex. 10-2 to M. Yip Declaration, # 13 Exhibit Ex. 11 to M. Yip Declaration, # 14 Exhibit Ex. 12 to M. Yip Declaration, # 15 Exhibit Ex. 13 to M. Yip Declaration, # 16 Exhibit Ex. 14 to M. Yip Declaration, # 17 Exhibit Ex. 15 to M. Yip Declaration, # 18 Exhibit Ex. 16 to M. Yip Declaration, # 19 Exhibit Ex. 17 to M. Yip Declaration, # 20 Exhibit Ex. 18 to M. Yip Declaration, # 21 Exhibit Ex. 19 to M. Yip Declaration, # 22 Exhibit Ex. 20 to M. Yip Declaration, # 23 Exhibit Ex. 21 to M. Yip Declaration, # 24 Exhibit Ex. 22 to M. Yip Declaration, # 25 Exhibit Ex. 23 to M. Yip Declaration, # 26 Exhibit Ex. 24 to M. Yip Declaration, # 27 Exhibit Ex. 25 to M. Yip Declaration, # 28 Exhibit Ex. 26 to M. Yip Declaration, # 29 Exhibit Ex. 27 to M. Yip Declaration, # 30 Exhibit Ex. 28 to M. Yip Declaration, # 31 Exhibit Ex. 29 to M. Yip Declaration, # 32 Exhibit Ex. 30 to M. Yip Declaration, # 33 Exhibit Ex. 31 to M. Yip Declaration, # 34 Exhibit Ex. 32 to M. Yip Declaration, # 35 Exhibit Ex. 33 to M. Yip Declaration, # 36 Exhibit Ex. 34 to M. Yip Declaration, # 37 Exhibit Ex. 35 to M. Yip Declaration, # 38 Exhibit Ex. 36 to M. Yip Declaration, # 39 Exhibit Ex. 37 to M. Yip Declaration, # 40 Exhibit Ex. 38 to M. Yip Declaration, # 41 Exhibit Ex. 39 to M. Yip Declaration, # 42 Exhibit Ex. 40 to M. Yip Declaration, # 43 Exhibit Ex. 41 to M. Yip Declaration, # 44 Exhibit Ex. 42 to M. Yip Declaration, # 45 Exhibit Ex. 43 to M. Yip Declaration, # 46 Exhibit Ex. 44 to M. Yip Declaration, # 47 Exhibit Ex. 45 to M. Yip Declaration, # 48 Exhibit Ex. 46 to M. Yip Declaration, # 49 Exhibit Ex. 47 to M. Yip Declaration, # 50 Exhibit Ex. 48 to M. Yip Declaration, # 51 Exhibit Ex. 49 to M. Yip Declaration, # 52 Exhibit Ex. 50 to M. Yip Declaration, # 53 Exhibit Ex. 51 to M. Yip Declaration, # 54 Exhibit Ex. 52 to M. Yip Declaration, # 55 Exhibit Ex. 53 to M. Yip Declaration, # 56 Exhibit Ex. 54 to M. Yip Declaration, # 57 Exhibit Ex. 55 to M. Yip Declaration, # 58 Exhibit Ex. 56 to M. Yip Declaration, # 59 Exhibit Ex. 57 to M. Yip Declaration, # 60 Exhibit Ex. 58 to M. Yip Declaration, # 61 Exhibit Ex. 59 to M. Yip Declaration, # 62 Exhibit Ex. 60 to M. Yip Declaration, # 63 Exhibit Ex. 61 to M. Yip Declaration)(Morello, Gianluca) Modified on 8/12/2015 (KMM). |
| Filing 1191 DECLARATION of Gianluca Morello re 1190 MOTION for miscellaneous relief, specifically Motion to Overrule Objections to Claims 403, 404, 405, 406, 407, 408, and 477 by Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Morello, Gianluca) |
| Filing 1190 MOTION for miscellaneous relief, specifically Motion to Overrule Objections to Claims 403, 404, 405, 406, 407, 408, and 477 by Burton W. Wiand. (Morello, Gianluca) |
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Filing 1189
ORDER granting 1188 Motion specifically for Possession of Certain Bank Accounts Controlled by Arthur Nadel and Partial Modification of Asset Freeze by Burton W. Wiand. Signed by Judge Richard A. Lazzara on 8/4/2015. (SKH)
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| Filing 1188 Unopposed MOTION for miscellaneous relief, specifically for Possession of Certain Bank Accounts Controlled by Arthur Nadel and Partial Modification of Asset Freeze by Burton W. Wiand. (Attachments: # 1 Exhibit A - Proposed Order)(Morello, Gianluca) .(KMM) |
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Filing 1187
ORDER ATTACHED granting 1186 the Receiver's Motion for Settlement with Branch Bank and Trust Company. Signed by Judge Richard A. Lazzara on 7/28/2015. (CCB)
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| Filing 1186 Unopposed MOTION for Settlement re: Branch Banking and Trust Company (BB&T) by Burton W. Wiand. (Attachments: # 1 Exhibit A)(Morello, Gianluca) |
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Filing 1185
ORDER ATTACHED granting 1184 the Receiver's Motion for Settlement with Donald Rowe, individually and as trustee of the Wall Street Digest Pension Plan, Joyce Rowe, and Carnegie Asset Management, and associated with Case No. 8:10-cv-245-T-17MAP. Signed by Judge Richard A. Lazzara on 7/27/2015. (CCB)
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| Filing 1184 Unopposed MOTION for Settlement in Burton W. Wiand, as Receiver v. Rowe, et al. by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Agreement Relating to Payment of Judgment)(Lamont, Michael) |
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Filing 1183
ORDER ATTACHED granting 1182 Receiver's Motion for Settlement with Brian L. Meeker, individually and as trustee of Brian L. Meeker Trust, and associated with Case No. 8:10-cv-166-T-17MAP. Signed by Judge Richard A. Lazzara on 6/12/2015. (CCB)
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| Filing 1182 MOTION for Settlement re: Brian L. Meeker, as trustee of the Brian L. Meeker Trust by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael) |
| Filing 1181 STATUS report The Receiver's Eighteenth Interim Report (11/1/14 - 4/30/15) by Burton W. Wiand. (Attachments: # 1 Exhibit A - Standardized Fund Accounting Report, # 2 Exhibit B - Receivership Assets Sold or Otherwise Disposed, # 3 Exhibit C - Chris Moody's Assets, # 4 Exhibit D - Neil Moody's Assets)(Morello, Gianluca) |
| Filing 1180 TRANSCRIPT information form filed by Branch Banking & Trust Co. Successor to Colonial Bank NA re 1178 Notice of appeal. USCA number: 15-12097-A. (Dombovary, Elizabeth) |
| TRANSMITTAL to USCA forwarding Receipt for appeal filing fee re 1178 Notice of interlocutory appeal USCA number: unknown. (KMB) |
| USCA appeal fees received $ 505 receipt number tpa30129 re 1178 Notice of appeal filed by Branch Banking & Trust Co. Successor to Colonial Bank NA (ARC) |
| Filing 1179 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of interlocutory appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 1178 Notice of appeal. (KMB) |
| Filing 1178 NOTICE OF INTERLOCUTORY APPEAL as to 1174 Order on Motion for Release of Funds by Branch Banking & Trust Co. Successor to Colonial Bank NA. Filing fee not paid. (Attachments: # 1 Exhibit Dkt. 1174 - Order)(Dombovary, Elizabeth) Modified text on 5/13/2015 (KMB). |
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Filing 1177
ORDER granting 1175 Unopposed Amended Motion for Approval of Sale of Real Property Located in Sarasota, Sarasota County, Florida. Signed by Judge Richard A. Lazzara on 4/29/2015. (SKH)
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Filing 1176
ENDORSED ORDER denying as moot 1173 Motion for Order of Sale. Signed by Judge Richard A. Lazzara on 4/15/2015. (CCB)
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| Filing 1175 Unopposed Amended MOTION for Approval of Sale of Real Property Located in Sarasota, Sarasota County, Florida by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Amended Proposed Order, # 2 Exhibit 2 - Appraisal, # 3 Exhibit 3 - Appraisal, # 4 Exhibit 4 - Appraisal, # 5 Exhibit 5 - Purchase and Sale Agreement, # 6 Exhibit 6 - Receiver's Deed)(Morello, Gianluca) Modified relief and text on 4/15/2015 (KMB). |
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Filing 1174
ORDER ATTACHED denying 1159 Motion for Release of Funds. Signed by Judge Richard A. Lazzara on 4/15/2015. (CCB)
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| Filing 1173 Unopposed MOTION for Approval of Sale of Real Property Located in Sarasota, Sarasota County, Florida by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Proposed Order, # 2 Exhibit 2 - Appraisal, # 3 Exhibit 3 - Appraisal, # 4 Exhibit 4 - Appraisal, # 5 Exhibit 5 - Purchase and Sale Agreement, # 6 Exhibit 6 - Receiver's Deed)(Morello, Gianluca) Modified on 4/15/2015 (KMB). |
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Filing 1172
ENDORSED ORDER granting 1171 Motion for Kevin M. Eckhardt to withdraw as attorney by Fulcrum Distressed Opportunities Fund I, LP. Signed by Judge Richard A. Lazzara on 4/10/2015. (SKH)
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| Filing 1171 MOTION for Kevin M. Eckhardt to withdraw as attorney by Fulcrum Distressed Opportunities Fund I, LP. (Eckhardt, Kevin) |
| Filing 1169 RESPONSE in Opposition re 1159 MOTION for Release of Funds Turnover of Sale Proceeds - Sur-reply in Further Support of Response in Opposition to Motion filed by Burton W. Wiand. (Morello, Gianluca) |
| Filing 1170 Remark correspondence as to Chester Vincentz (EJC) |
| Filing 1168 RESPONSE to Motion re 1159 MOTION for Release of Funds Turnover of Sale Proceeds ( BBT's Reply Memorandum on Motion for Turnover of Sale Proceeds of Fairview Property) filed by Branch Banking & Trust Co. Successor to Colonial Bank NA. (Garbett, David) |
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Filing 1167
ORDER ATTACHED granting 1162 Motion for Leave to Appeal. Signed by Judge Richard A. Lazzara on 3/27/2015. (CCB)
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Filing 1166
ENDORSED ORDER granting 1165 Motion for Leave to File Reply on or before March 30, 2015. The Receiver may file a sur-reply of no more than ten (10) pages no later than April 3, 2015. Signed by Judge Richard A. Lazzara on 3/25/2015. (CCB)
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| Filing 1165 MOTION for leave to file Reply in Support of Motion for Turnover by Branch Banking & Trust Co. Successor to Colonial Bank NA. (Garbett, David) |
| Filing 1164 DECLARATION of Gianluca Morello re 1163 Response in Opposition to Motion by Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Morello, Gianluca) |
| Filing 1163 RESPONSE in Opposition re 1159 MOTION for Release of Funds Turnover of Sale Proceeds filed by Burton W. Wiand. (Morello, Gianluca) |
| Filing 1162 Unopposed MOTION for leave to appeal by Burton W. Wiand. (Smiljanich, Terry) |
| Filing 1161 REQUEST for oral argument re 1160 Notice (Other), 1159 MOTION for Release of Funds Turnover of Sale Proceeds by Branch Banking & Trust Co. Successor to Colonial Bank NA. (Garbett, David) |
| Filing 1160 NOTICE by Branch Banking & Trust Co. Successor to Colonial Bank NA re 1159 MOTION for Release of Funds Turnover of Sale Proceeds of Filing in Support of DE 1159 (Attachments: # 1 Exhibit Ex. 1 - Declaration of Richard Miller, # 2 Exhibit Ex. 2 - Declaration of David Hendrix, # 3 Exhibit Ex. 3 - Declaration of Elizabeth B. Dombovary)(Garbett, David) |
| Filing 1159 MOTION for Release of Funds Turnover of Sale Proceeds by Branch Banking & Trust Co. Successor to Colonial Bank NA. (Garbett, David) |
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Filing 1158
ORDER ATTACHED granting 1157 Receiver's Motion for Settlement with Kathryn V. Lawrence and associated with Case No. 8:10-cv-181-T-17MAP. Signed by Judge Richard A. Lazzara on 2/13/2015. (CCB)
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| Filing 1157 Unopposed MOTION for Settlement re: Wiand, as Receiver v. Kathryn Lawrence (8:10-cv-181) by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael) |
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Filing 1156
ORDER ATTACHED granting 1155 Unopposed Receiver's Eighteenth Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs to Receiver and His Professionals. Signed by Judge Richard A. Lazzara on 1/9/2015. (CCB)
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| Filing 1155 Unopposed MOTION for Attorney Fees Receiver's Eighteenth Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs to Receiver and His Professionals (July 1, 2014 through October 31, 2014) by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Standardized Fund Accounting Report, # 2 Exhibit 2 - Part 1 - The Receiver's Seventeenth Interim Report, # 3 Exhibit 2 - Part 2 - The Receiver's Seventeenth Interim Report, # 4 Exhibit 3 - Prior Interim Motions for Orders Awarding Fees, # 5 Exhibit 4 - Scoop Receivership - Representation of Scoop Receivership, # 6 Exhibit 5 - Scoop Receivership - Recovery from Investors, # 7 Exhibit 6 - Scoop Receivership - Recovery of Assets from N. and C. Moody, # 8 Exhibit 7 - Scoop Receivership - Recovery of Commissions, # 9 Exhibit 8 - Scoop Receivership - Quest Energy Management Group, Inc., # 10 Exhibit 9 - Scoop Receivership - Appeal of R. Schneiderman, et al., # 11 Exhibit 10 - Categorization and Summary of All WGK Costs, # 12 Exhibit 11 - Attorney Fee Schedule, # 13 Exhibit 12 - Scoop Legal Team - Scoop Capital, LLC Receivership, # 14 Exhibit 13 - Scoop Legal Team - Recovery from Investors, # 15 Exhibit 14 - Scoop Legal Team - Recovery of Assets from Moodys, # 16 Exhibit 15 - Scoop Legal Team - Recovery of Commissions, # 17 Exhibit 16 - Scoop Legal Team - Quest Energy Management Group, Inc., # 18 Exhibit 17 - Scoop Legal Team - Appeal of R. Schneiderman, et al., # 19 Exhibit 18 - PDR Certified Public Accountants, # 20 Exhibit 19 - E-Hounds, Inc., # 21 Supplement 20 - Riverside Financial Group, # 22 Exhibit 21 - The RWJ Group, LLC, # 23 Exhibit 22 - Yip Associates, # 24 Exhibit 23 - Maples and Calder, # 25 Exhibit 24 - Reminger Co., L.P.A., # 26 Exhibit 25 - Schiff Hardin LLP, # 27 Exhibit 26 - Scott Douglass and McConnico LLP, # 28 Exhibit 27 - Law Office of Dick Harris and Ashton Anderson, # 29 Exhibit 28 - Proposed Order)(Morello, Gianluca) |
| Filing 1154 STATUS report The Receiver's Seventeenth Interim Report (7/1/14 - 10/31/14) by Burton W. Wiand. (Attachments: # 1 Exhibit A-Standardized Fund Accounting Report, # 2 Exhibit B-Receivership Assets Sold or Otherwise Disposed, # 3 Exhibit C-Chris Moody's Assets, # 4 Exhibit D-Neil Moody's Assets)(Morello, Gianluca) |
| Filing 1153 MANDATE of USCA as to 1027 Notice of appeal filed by Quest Energy Management Group, Inc. Issued as Mandate: 12/5/14 USCA number: 13-12778-FF. (JNB) |
| Filing 1152 NOTICE to counsel of Local Rule 2.02 (signed by deputy clerk). (KMB) |
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Filing 1151
ORDER granting 1150 Motion for sale of real property in Fairview, Buncombe County, North Carolina. Signed by Judge Richard A. Lazzara on 11/18/2014. (SKH)
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| Filing 1150 Verified MOTION for Approval of Sale of Real Property Located in Fairview, Buncombe County, North Carolina by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Proposed Order, # 2 Exhibit 2 - Appraisal, # 3 Exhibit 3 - Purchase and Sale Agreement, # 4 Exhibit 4 - Receiver's Deed, # 5 Exhibit 5 - Orders)(Morello, Gianluca) Modified text on 11/18/2014 (KMB). |
| Filing 1149 NOTICE by Van Operating, Ltd. re 1029 Order on motion to appear pro hac vice Notice of Mark A. Platt's Withdrawal from Case and Request to Stop Electronic and E-Mail Notices (Colton, Roberta) |
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Filing 1148
ORDER granting 1144 Motion for Leave to retain Whitehorse Partners, LLC to Market and Sell Quest Energy Management Group, Inc. (Renewed) by Burton W. Wiand. Signed by Judge Richard A. Lazzara on 11/12/2014. (SKH)
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Filing 1147
ENDORSED ORDER granting 1146 Gregory M. Wilkes' Motion to Appear pro hac vice. Signed by Judge Richard A. Lazzara on 11/12/2014. (CCB)
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| Filing 1146 MOTION for Gregory M. Wilkes to appear pro hac vice by Van Operating, Ltd.. (Colton, Roberta) |
| FEES paid by Van Operating, Ltd. (Filing fee $10.00 receipt number TPA26592) Balance due $Greg Wilkes (AG) |
| Filing 1145 Third Interim Report on Quest Energy Management, Inc. (May 24, 2014 to November 4, 2014) by Burton W. Wiand. (Attachments: # 1 Exhibit A - Status of wells, # 2 Exhibit B - Cash Accounting Report)(Morello, Gianluca) Modified text on 11/5/2014 (KMB). |
| Filing 1144 Unopposed MOTION for miscellaneous relief, specifically for leave to retain Whitehorse Partners, LLC to Market and Sell Quest Energy Management Group, Inc. (Renewed) by Burton W. Wiand. (Attachments: # 1 Exhibit A - Marketing Engagement Agreement, # 2 Exhibit B - Additional materials re WhiteHorse)(Morello, Gianluca) |
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Filing 1143
ORDER granting 1140 Receiver's Unopposed Motion for Attorney Fees and Costs. Signed by Judge Richard A. Lazzara on 10/24/2014. (SKH)
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Filing 1142
ENDORSED ORDER granting 1141 Motion to Withdraw as Attorney. Attorney John Austin Rine is relieved of any further responsibility concerning Jeff Downey, Paul Downey, and Quest Energy Management Group, Inc. Signed by Judge Richard A. Lazzara on 10/22/2014. (SKH)
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| Filing 1141 MOTION for John A. Rine to withdraw as attorney by Jeff Downey, Paul Downey, Quest Energy Management Group, Inc.. (Rine, John) |
| Filing 1140 Receiver's Unopposed Seventeenth Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs to Receiver and His Professionals (February 1, 2014 through June 30, 2014 by Burton W. Wiand. (Attachments: # 1 Exhibit 1-Standardized Fund Accounting Report, # 2 Exhibit 2-Part 1-Receiver's Sixteenth Interim Report, # 3 Exhibit 2-Part 2-Receiver's Sixteenth Interim Report, # 4 Exhibit 3-Prior Interim Motions for Orders Awarding Fees, # 5 Exhibit 4-Scoop Receivership-Rep of Scoop Receivership, # 6 Exhibit 5-Scoop Receivership-Recovery from Investors, # 7 Exhibit 6-Scoop Receivership-Recovery of Assets from Moodys, # 8 Exhibit 7-Scoop Receivership-Recovery of Commissions, # 9 Exhibit 8-Scoop Receivership-Quest Energy Mgmt Group, # 10 Exhibit 9-Categorization and Summary of WGK Costs, # 11 Exhibit 10-Attorney Fee Schedule, # 12 Exhibit 11-Scoop Legal Team-Scoop Capital LLC Receivership, # 13 Exhibit 12-Scoop Legal Team-Recovery from Investors, # 14 Exhibit 13-Scoop Legal Team-Recovery of Assets from Moodys, # 15 Exhibit 14-Scoop Legal Team-Recovery of Commissions, # 16 Exhibit 15-Scoop Legal Team-Quest Energy Mgmt Group, # 17 Exhibit 16-PDR Certified Public Accountants, # 18 Exhibit 17-E-Hounds, Inc., # 19 Exhibit 18 Riverside Financial Group, # 20 Exhibit 19-The RWJ Group, LLC, # 21 Exhibit 20-Yip Associates, # 22 Exhibit 21-Brock & Brock PLLC, # 23 Exhibit 22-Maples, # 24 Exhibit 23-Reminger Co., LPA, # 25 Exhibit 24-Schiff Hardin LLP, # 26 Exhibit 25-Scott, Douglas & McConnico, LLP, # 27 Exhibit 26-Proposed Order)(Morello, Gianluca) Modified text on 10/2/2014 (KMB). |
| Filing 1139 PUBLISHED ORDER of USCA: Motion to dismiss appeal for lack of subject matter jurisdiction filed by Appellee Burton W. Wiand is GRANTED as to 1027 Notice of appeal filed by Quest Energy Management Group, Inc.. EOD: 9/26/14; USCA number: 13-12778-FF. (JNB) |
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Filing 1138
ORDER of USCA: Motion for certificate of appealability construed from the notice of appeal filed by Appellant Onique E. White is DENIED. [7115039-2]; Motion to proceed in forma pauperis filed by Appellant Onique E. White is DENIED as MOOT as to 1027 Notice of appeal filed by Quest Energy Management Group, Inc.. EOD: 9/25/14; USCA number: 13-12778-FF. (JNB)
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Filing 1137
ORDER ATTACHED granting 1136 Motion for Permission to Appeal Order in 8:10-cv-245-T-17MAP. Signed by Judge Richard A. Lazzara on 8/19/2014. (CCB)
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| Filing 1136 Unopposed MOTION for miscellaneous relief, specifically for Permission to Appeal Order Granting Summary Judgment Regarding Garnished Annuity in the Rowe action by Burton W. Wiand. (Attachments: # 1 Exhibit A - Order entered July 11, 2014 (Doc. 383))(Morello, Gianluca) |
| Filing 1135 STATUS report The Receiver's Sixteenth Interim Report (2/1/14 - 6/30/14) by Burton W. Wiand. (Attachments: # 1 Exhibit A - Standardized Fund Accounting Report, # 2 Exhibit B - Receivership Assets Sold or Otherwise Disposed, # 3 Exhibit C - Chris Moody's Assets, # 4 Exhibit D - Neil Moody's Assets)(Morello, Gianluca) |
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Filing 1134
ORDER granting 1133 Motion for Possession of Brokerage Accounts Controlled by Arthur Nadel; Authorization to Relinquish Remaining Brokerage Accounts; and Partial Modification of Asset Freeze. Signed by Judge Richard A. Lazzara on 7/28/2014. (SKH)
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| Filing 1133 Unopposed MOTION for miscellaneous relief, specifically for (1) Possession of Brokerage Accounts Controlled by Arthur Nadel; (2) Authorization to Relinquish Remaining Brokerage Accounts; and (3) Partial Modification of Asset Freeze by Burton W. Wiand. (Attachments: # 1 Exhibit A - Proposed Order)(Morello, Gianluca) |
| Filing 1132 JUDGMENT in favor of Burton W. Wiand for the amount of $6,477.30 and against Vernon M. Lee (Signed by Deputy Clerk) (BSN) |
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Filing 1131
ORDER ATTACHED denying 1130 Claimant's Motion for Miscellaneous Relief. The Clerk is directed to enter judgment against Claimant Vernon M. Lee in accordance with the attached order. Signed by Judge Richard A. Lazzara on 7/18/2014. (CCB)
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| Filing 1130 MOTION for miscellaneous relief, specifically Overrule re 1119 Declaration of Ganluca Morello in Support of Attorney Fees and Costs by Vernon M. Lee. (Attachments: # 1 Exhibit A, # 2 Exhibit B pt. 1, # 3 Exhibit B pt. 2, # 4 Exhibit B pt. 3, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K)(BSN) |
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Filing 1129
ORDER ATTACHED granting 1128 Motion for Permission to Prosecute Appeal. Signed by Judge Richard A. Lazzara on 7/16/2014. (CCB)
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| Filing 1128 Unopposed MOTION for miscellaneous relief, specifically for Permission to Prosecute Appeal of the Schneiderman Action by Burton W. Wiand. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Morello, Gianluca) |
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Filing 1127
ORDER granting 1124 Unopposed Receiver's Sixteenth Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs to Receiver and his Professionals. Signed by Judge Richard A. Lazzara on 7/11/2014. (SKH)
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| Filing 1126 NOTICE by Burton W. Wiand re 1125 Declaration Certificate of Service (Morello, Gianluca) |
| Filing 1125 DECLARATION of Gianluca Morello re 1121 Order on Motion for Miscellaneous Relief by Burton W. Wiand. (Attachments: # 1 Exhibit A - Attorney Fee Breakdown)(Morello, Gianluca) |
| Filing 1124 Unopposed MOTION for Attorney Fees Receiver's Sixteenth Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs to Receiver and His Professionals (September 1, 2013 through January 31, 2014) by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Standardized Fund Accounting Report, # 2 Exhibit 2 - Part 1 - The Receiver's Fifteenth Interim Report, # 3 Exhibit 2 - Part 2 - The Receiver's Fifteenth Interim Report, # 4 Exhibit 3 - Prior Interim Motions for Orders Awarding Fees, # 5 Exhibit 4 - Scoop Receivership - Representation of Scoop Receivership, # 6 Exhibit 5 - Scoop Receivership - Recovery from Investors, # 7 Exhibit 6 - Scoop Receivership - Recovery of Assets from N. and C. Moody, # 8 Exhibit 7 - Scoop Receivership - Recovery of Commissions, # 9 Exhibit 8 - Scoop Receivership - Quest Energy Management Group, Inc., # 10 Exhibit 9 - Categorization and Summary of Costs Incurred by WGK, # 11 Exhibit 10 - Attorney Fee Schedule, # 12 Exhibit 11 - Scoop Legal Team - Scoop Capital, LLC Receivership, # 13 Exhibit 12 - Scoop Legal Team - Recovery from Investors, # 14 Exhibit 13 - Scoop Legal Team - Recovery of Assets from N. and C. Moody, # 15 Exhibit 14 - Scoop Legal Team - Recovery of Commissions, # 16 Exhibit 15 - Scoop Legal Team - Quest Energy Management Group, Inc., # 17 Exhibit 16 - PDR Certified Public Accountants, # 18 Exhibit 17 - E-Hounds, Inc., # 19 Exhibit 18 - The RWJ Group, LLC, # 20 Exhibit 19 - Yip Associates, # 21 Exhibit 20 - Kirby Noonan Lance and Hoge, # 22 Exhibit 21 - Reminger Co., L.P.A., # 23 Exhibit 22 - Schiff Hardin LLP, # 24 Exhibit 23 - Brock and Brock, # 25 Exhibit 24 - Rifkin Weiner Livingston Levitan and Silver, LLC, # 26 Exhibit 25 - Maples, # 27 Exhibit 26 - Scott Douglass and McConnico LLP, # 28 Exhibit 27 - Proposed Order)(Morello, Gianluca) |
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Filing 1123
ENDORSED ORDER denying 1122 Motion to Vacate Order on Motion for Miscellaneous Relief 1121 by Vernon M. Lee. Signed by Judge Richard A. Lazzara on 6/24/2014. (SKH)
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| Filing 1122 MOTION to Vacate 1121 Order on Motion for Miscellaneous Relief by Vernon M. Lee. (Attachments: # 1 Mailing Envelope)(BSN) |
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Filing 1121
ORDER ATTACHED granting 1118 Motion for Order Overruling Objections to Determinations of Claim Numbers 462, 463, 464, 465, 466, and 467 and Awarding Sanctions in the Form of Attorney Fees and Costs. In accordance with attached order, Receiver to file documentation on or before 7/2/2014; Claimant to file response to that documentation no later than 7/17/2014; and Clerk to send copy of attached order to Claimant. Signed by Judge Richard A. Lazzara on 6/18/2014. (CCB)
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| Filing 1120 NOTICE of supplemental authority re 1118 MOTION for miscellaneous relief, specifically for Order Overruling Objections to Determinations of Claim Numbers 462, 463, 464, 465, 466, and 467 and Awarding Sanctions in the Form of Attorney Fees and Costs , 1119 Declaration by Burton W. Wiand. (Attachments: # 1 Exhibit A - 11th Circuit Opinion)(Morello, Gianluca) |
| Filing 1119 DECLARATION of Gianluca Morello re 1118 MOTION for miscellaneous relief, specifically for Order Overruling Objections to Determinations of Claim Numbers 462, 463, 464, 465, 466, and 467 and Awarding Sanctions in the Form of Attorney Fees and Costs by Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Morello, Gianluca) |
| Filing 1118 MOTION for miscellaneous relief, specifically for Order Overruling Objections to Determinations of Claim Numbers 462, 463, 464, 465, 466, and 467 and Awarding Sanctions in the Form of Attorney Fees and Costs by Burton W. Wiand. (Morello, Gianluca) |
| Filing 1117 STATUS report re Quest Energy Management Group, Inc. (Second Report) by Burton W. Wiand. (Attachments: # 1 Exhibit A (Well Status Report), # 2 Exhibit B (SFAR))(Morello, Gianluca) |
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Filing 1116
ORDER ATTACHED denying without prejudice 1115 Motion for Leave to Retain Whitehorse Partners LLC to Market and Sell Quest Energy Management Group, Inc. Signed by Judge Richard A. Lazzara on 5/15/2014. (CCB)
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| Filing 1115 Unopposed MOTION for miscellaneous relief, specifically for leave to retain Whitehorse Partners, LLC to Market and Sell Quest Energy Management Group, Inc. by Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Morello, Gianluca) |
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Filing 1114
ORDER granting 1113 Unopposed Motion to Approve Fourth Interim Distribution. Signed by Judge Richard A. Lazzara on 4/24/2014. (SKH)
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| Filing 1113 Unopposed MOTION for miscellaneous relief, specifically to Approve Fourth Interim Distribution and Increase Certain Reserves by Burton W. Wiand. (Attachments: # 1 Exhibit A - Distribution Schedule, # 2 Exhibit B - Reserves, # 3 Exhibit C - Proposed Order)(Morello, Gianluca) |
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Filing 1112
ENDORSED ORDER granting 1111 Motion to Withdraw as Attorney. Raymond J. Rotella of Kosto & Rotella P.A. is relieved of any further representation as attorney by First National Bank of Albany/Breckenridge. Signed by Judge Richard A. Lazzara on 4/10/2014. (SKH)
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| Filing 1111 MOTION for Raymond J. Rotella of Kosto & Rotella P.A. to withdraw as attorney by First National Bank of Albany/Breckenridge. (Rotella, Raymond) |
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Filing 1110
ORDER granting 1109 Receiver's Verified Motion for Approval of Private Sale of the Assets of Tradewind, LLC. Signed by Judge Richard A. Lazzara on 3/27/2014. (SKH)
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| Filing 1109 Unopposed MOTION for miscellaneous relief, specifically for approval of private sale of the assets of Tradewind, LLC by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Proposed Order, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Morello, Gianluca) |
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Filing 1108
ORDER ATTACHED granting 1107 the Receiver's Motion for Settlement with Band Gates, PL, and associated with Case no. 8:10-cv-245-T-17MAP. Signed by Judge Richard A. Lazzara on 3/7/2014. (CCB)
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| Filing 1107 Unopposed MOTION for Settlement re: Wiand, as Receiver v. Donald Rowe, et al. (8:10-cv-245), specifically, settlement with Band Gates, P.L. by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca) |
| Filing 1106 STATUS report Receiver's Fifteenth Interim Report (9/1/13 - 1/31/14) by Burton W. Wiand. (Attachments: # 1 Exhibit A - Standardized Fund Accounting Report, # 2 Exhibit B - Receivership Assets Sold or Otherwise Disposed, # 3 Exhibit C - Chris Moody's Assets, # 4 Exhibit D - Neil Moody's Assets)(Morello, Gianluca) |
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Filing 1105
ORDER ATTACHED granting to a limited extent 1101 Motion for Clarification. Signed by Judge Richard A. Lazzara on 2/4/2014. (CCB)
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| Filing 1104 RESPONSE to Motion re 1101 MOTION for clarification re 1100 Order on Motion for Miscellaneous Relief filed by Burton W. Wiand. (Morello, Gianluca) |
| Filing 1103 FINAL JUDGMENT in favor of Burton W. Wiand against Choice Direct Mail, Inc., Ty Hardin. See judgment for details. (Signed by Deputy Clerk) (BSN) |
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Filing 1102
ORDER granting 1099 Receiver's Motion to Approve Settlement. Signed by Judge Richard A. Lazzara on 2/3/2014. (SKH)
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| Filing 1101 MOTION for clarification re 1100 Order on Motion for Miscellaneous Relief by United States Internal Revenue Service. (Harwell, Lacy) |
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Filing 1100
ORDER granting 1097 Motion for order authorizing the receiver to execute and submit an amended form 1040X income tax return for Arthur Nadel to the IRS. Signed by Judge Richard A. Lazzara on 1/15/2014. (MSS)
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| Filing 1099 Unopposed MOTION for Settlement re: Wiand, as Receiver v. Donald Rowe, et al. (8:10-cv-245), specifically, settlement with Ty Hardin and Choice Direct Mail, Inc. by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Executed Settlement Agreement)(Morello, Gianluca) |
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Filing 1098
ENDORSED ORDER granting 1096 Unopposed Motion for Ana T. Barnett, Esq. to withdraw as attorney by TRSTE, Inc., Wells Fargo Bank, N.A.. Signed by Judge Richard A. Lazzara on 1/2/2014. (DMB)
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| Filing 1097 Unopposed MOTION for miscellaneous relief, specifically for Order (1) Authorizing Receiver to Execute and Submit Amended Tax Return of Arthur Nadel; (2) Directing the IRS to Accept the Tax Return; (3) Directing IRS to Deliver any Tax Return to Receiver; and (4) Authorizing Receiver to Negotiate and Deposit any Tax Refund Payable to Arthur Nadel by Burton W. Wiand. (Attachments: # 1 Exhibit A - Proposed Order)(Morello, Gianluca) |
| Filing 1096 Unopposed MOTION for Ana T. Barnett, Esq. to withdraw as attorney by TRSTE, Inc., Wells Fargo Bank, N.A.. (Barnett, Ana) |
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Filing 1095
ORDER ATTACHED granting 1094 Receiver's Motion for Settlement with multiple parties. Signed by Judge Richard A. Lazzara on 12/26/2013. (CCB)
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| Filing 1094 Unopposed MOTION for Settlement re: (1) Harvey A. Gilbert and Deanne E. Gilbert, as Co-Trustees of the Gilbert Family Trust, (2) Melinda Munson and Mark Munson, (3) Munson Family Partners, Ltd., (4) Peter Roby and Katherine Roby, (5) Rodney Nigel Turner, (6) Louis Wang, (7) Charles Hailey, (8) Paul Swenson, (9) Gregg Weinberg, as Trustee of the Commonwealth Radiology, PC PSP, (10) John D. Whitlock, as Trustee of the W.W. Whitlock PC Pension Trust, and (11) W.W. Whitlock Foundation by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreements)(Lamont, Michael) |
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Filing 1093
ORDER of USCA: Motion to strike filed by Appellant Quest Energy Management Group, Inc. is DENIED as to 1027 Notice of appeal filed by Quest Energy Management Group, Inc. EOD: 12/13/13; USCA number: 13-12778-FF. (JNB)
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Filing 1092
ORDER ATTACHED granting Receiver's Motion to Approve Settlement 1090 . The Court approves the written settlement agreement attached to the motion regarding the K-2 Hideaway action. Signed by Judge Richard A. Lazzara on 11/26/2013. (SKH)
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Filing 1091
ORDER granting 1086 Unopposed Receiver's Fifteenth Interim Motion for Order Awarding Fees, Costs and Reimbursement of Costs to Receiver and His Professionals. Signed by Judge Richard A. Lazzara on 11/26/2013. (SKH)
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| Filing 1090 Unopposed MOTION for Settlement re: Wiand, as Receiver v. Bart Leereveld, Reinhardt D. Damm, Dencora Services and Management Corporation, and K2 Hideaway, LLC, Case No. 12-3774 CA (20th Jud. Cir.) by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca) |
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Filing 1089
ORDER ATTACHED granting 1088 Receiver's Motion for Settlement with Band Weintraub, P.L. and associated with Case no. 8:10-cv-245-T-17MAP. Signed by Judge Richard A. Lazzara on 11/26/2013. (CCB)
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| Filing 1088 Unopposed MOTION for Settlement re: Wiand, as Receiver v. Donald Rowe, et al. (8:10-cv-245), specifically, settlement with Band Weintraub, P.L. by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca) |
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Filing 1087
ORDER granting 1085 Receiver's Motion to Approve Third Interim Distribution. Signed by Judge Richard A. Lazzara on 11/22/2013. (SKH)
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| Filing 1086 Unopposed MOTION for Attorney Fees Receiver's Fifteenth Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs To Receiver and His Professionals by Burton W. Wiand. (Attachments: # 1 Exhibit 1-Standardized Fund Accounting Report, # 2 Exhibit 2-Part 1 of 2-Receiver's 14th Interim Report, # 3 Exhibit 2-Part 2 of 2-Receiver's 14th Interim Report, # 4 Exhibit 3-Listing of Prior Interim Motions for Fees and Costs, # 5 Exhibit 4-Scoop Receivership-Representation of Scoop Receivership, # 6 Exhibit 5-Scoop Receivership-Recovery from Investors, # 7 Exhibit 6-Scoop Receivership-Recovery of Assets from C. and N. Moody, # 8 Exhibit 7-Scoop Receivership-Recovery of Commissions, # 9 Exhibit 8-Scoop Receivership-Quest Energy, # 10 Exhibit 9-Categorization and Summary of WGK Costs, # 11 Exhibit 10-Attorney Fee Schedule, # 12 Exhibit 11-Scoop Legal Team-Scoop Capital, LLC, # 13 Exhibit 12-Scoop Legal Team-Recovery from Investors, # 14 Exhibit 13-Scoop Legal Team-Recovery of Assets from C. and N. Moody, # 15 Exhibit 14-Scoop Legal Team-Recovery of Commissions, # 16 Exhibit 15-Scoop Legal Team-Quest Energy, # 17 Exhibit 16-PDR Certified Public Accountants, # 18 Exhibit 17-Riverside Financial Group, # 19 Exhibit 18-E-Hounds, Inc., # 20 Exhibit 19-The RWJ Group, LLC, # 21 Exhibit 20-Yip Associates, # 22 Exhibit 21-EIM Consulting, LLC, # 23 Exhibit 22-The Taylor Law Offices, PC, # 24 Exhibit 23-Wheeler Fairman & Kelley, CPA, # 25 Exhibit 24-Allen Dell, PA, # 26 Exhibit 25-Kirby Noonan Lance & Hoge, LLP, # 27 Exhibit 26-Klar & Associates, # 28 Exhibit 27-Reminger & Co, LPA, # 29 Exhibit 28-Briggs and Morgan, PA, # 30 Exhibit 29-Brock & Brock, PLLC, # 31 Exhibit 30-Goetz Baldwin and Geddes, # 32 Exhibit 31-Stichter Riedel Blain & Prosser PA, # 33 Exhibit 32-Scott, Douglass & McConnico, LLP, # 34 Exhibit 33-Proposed Order)(Morello, Gianluca) |
| Filing 1085 MOTION for miscellaneous relief, specifically to (1) Approve Third Interim Distribution, (2) Increase Certain Reserves, and (3) Release Certain Other Reserves by Burton W. Wiand. (Attachments: # 1 Exhibit A-Distribution Schedule, # 2 Exhibit B-Reserves, # 3 Exhibit C-Proposed Order)(Morello, Gianluca) |
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Filing 1084
ORDER ATTACHED denying 1076 Motion for Partial Relief from Stay to File Lien. Signed by Judge Richard A. Lazzara on 11/4/2013. (CCB)
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| Filing 1083 RESPONSE in Opposition re 1076 MOTION for miscellaneous relief, specifically Partial Relief from Stay MOTION for leave to file to Permit Filing of a Lien in Public Records filed by Burton W. Wiand. (Morello, Gianluca) |
| Filing 1082 CERTIFICATE OF readiness to USCA: Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: 1027 Notice of appeal. The following documents will be forwarded in paper format upon the request for the record on appeal by the USCA in addition to the electronic record. Volume of pleadings (SEALED): 1. USCA number: 13-12778-FF (BSN) |
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Filing 1081
ORDER ATTACHED granting 1079 Receiver's Motion for Settlement with Donald Rowe et al. and associated with Case No. 8:10-cv-245-T-17MAP. Signed by Judge Richard A. Lazzara on 10/23/2013. (CCB)
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Filing 1080
ORDER granting 1078 Motion for Settlement between the Receiver and Marianne Bollaci Siegal as trustee of the Hardin Family Irrevocable Trust. Signed by Judge Richard A. Lazzara on 10/23/2013. (SKH)
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| Filing 1079 Unopposed MOTION for Settlement re: Wiand, as Receiver v. Donald Rowe, et al. (8:10-cv-245), specifically, settlement with SRB Associates, Inc. by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca) |
| Filing 1078 Unopposed MOTION for Settlement re: Wiand, as Receiver v. Donald Rowe, et al. (8:10-cv-245), specifically, settlement with Marianne Bollaci Siegal, as trustee of the Hardin Family Irrevocable Trust u/a/d January 21, 2013 by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca) |
| Filing 1077 STATUS report Receiver's Fourteenth Interim Report (March 1, 2013 - August 31, 2013) by Burton W. Wiand as to Scoop Real Estate, L.P., E. John Lopez, Victory IRA Fund, Ltd., Marty Huppert, Victory Fund, Ltd., Carrelage Multi-Strategy Offshore Fund, Ltd., Anne Nadel-Walbridge, Viking IRA Fund, LLC, Viking Management, LLC, Kelvin V. Lee, Viking Fund, LLC, Scoop Management, Inc., Valhalla Management, Inc., Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, N.A., Valhalla Investment Partners, L.P., Arthur Nadel, Scoop Capital, LLC. (Attachments: # 1 Exhibit A-Standardized Fund Accounting Report, # 2 Exhibit B-Receivership Assets Sold or Otherwise Disposed, # 3 Exhibit C-Chris Moody's Assets, # 4 Exhibit D-Neil Moody's Assets)(Morello, Gianluca) |
| Filing 1076 MOTION for miscellaneous relief, specifically Partial Relief from Stay , MOTION for leave to file to Permit Filing of a Lien in Public Records by La Bellasara Condominium Association, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Carroll, Hunter) |
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Filing 1075
ORDER granting 1074 Motion to Approve Sale of the Assets of Respiro, Inc. Signed by Judge Richard A. Lazzara on 10/1/2013. (SKH)
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| Filing 1074 Unopposed MOTION for miscellaneous relief, specifically to Approve Sale of the Assets of Respiro, Inc. by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Proposed Order, # 2 Exhibit 2 - Purchase Agreement, # 3 Exhibit 3 - Orders)(Morello, Gianluca) |
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Filing 1073
ORDER ATTACHED denying 1065 Motion to Intervene. Signed by Judge Richard A. Lazzara on 9/27/2013. (CCB)
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Filing 1072
ORDER ATTACHED granting 1071 the Receiver's Motion for Settlement with Daniel A Zak, individually and as Trustee, and Marion Zak as Trustee, and associated with Case Nos. 8:10-cv-161-T-17MAP and 8:10-cv-170-T-17MAP. Signed by Judge Richard A. Lazzara on 9/25/2013. (CCB)
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| Filing 1071 Unopposed MOTION for Settlement re: Daniel A. Zak, individually and as Trustee of the EPMG-NW P.C. MPP & PS Trust and Marian Zak, as Trustee of the Marvin Zak and Marian Lyle Zak Bypass Trust u/d dtd October 16, 1998 by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael) |
| Filing 1070 RESPONSE in Opposition re 1065 MOTION to intervene and to Allow First National Bank of Albany/Breckenridge to go Free of the Stay to Enforce its Security Interest in Assets of Quest Energy Management Group, Inc., and Motion for Immediate Accounting and Memorandum of Law in Suppo filed by Burton W. Wiand. (Attachments: # 1 Exhibit A)(Morello, Gianluca) |
| Filing 1069 RESPONSE to Motion re 1065 MOTION to intervene and to Allow First National Bank of Albany/Breckenridge to go Free of the Stay to Enforce its Security Interest in Assets of Quest Energy Management Group, Inc., and Motion for Immediate Accounting and Memorandum of Law in Suppo - filed by Securities and Exchange Commission. (Levenson, Robert) |
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Filing 1068
ORDER of USCA: Appellee's motion to dismiss the appeal for violation of injunction and lack of jurisdiction is CARRIED WITH THE CASE filed by Appellee Burton W. Wiand. as to 1027 Notice of appeal filed by Quest Energy Management Group, Inc. EOD: 9/17/13; USCA number: 13-12778-FF. (JNB)
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Filing 1067
ORDER ATTACHED granting 1066 Receiver's Motion for Settlement with the Carrswold Partnership and associated with Case No. 8:10-cv-212-T-17MAP. Signed by Judge Richard A. Lazzara on 9/6/2013. (CCB)
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| Filing 1066 Unopposed MOTION for Settlement re: The Carrswold Partnership by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael) |
| Filing 1065 MOTION to intervene and to Allow First National Bank of Albany/Breckenridge to go Free of the Stay to Enforce its Security Interest in Assets of Quest Energy Management Group, Inc., and Motion for Immediate Accounting and Memorandum of Law in Support of the Motion by First National Bank of Albany/Breckenridge. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Rotella, Raymond) Motions referred to Magistrate Judge Thomas B. McCoun III. |
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Filing 1064
ENDORSED ORDER denying 1062 Motion to Intervene as stated on the record in open court. Signed by Judge Richard A. Lazzara on 9/4/2013. (MSS)
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| Filing 1063 Minute Entry. Proceedings held before Judge Richard A. Lazzara: STATUS CONFERENCE held on 9/4/2013. Court Reporter: Sandra K. Provenzano (MSS) |
| Filing 1062 MOTION to intervene and/or to file amicus curiae memorandum by Jeff Downey. (Attachments: # 1 Exhibit A)(Rine, John) Motions referred to Magistrate Judge Thomas B. McCoun III. |
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Filing 1061
ORDER ATTACHED overruling objection to and affirming denial of Claim 445. Signed by Judge Richard A. Lazzara on 8/29/2013. (CCB)
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| Filing 1060 NOTICE of compliance re 1059 Order pdf by Burton W. Wiand (Morello, Gianluca) |
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Filing 1059
ORDER regarding appearances at Status Conference scheduled Wednesday, September 4, 2013, at 9:00 a.m. The Receiver is directed to post this Order on the Receivership's informational website so that interested parties may be informed of the date, time, and place of the Status Conference if they wish to attend, whether personally or via teleconferencing as set forth. Signed by Judge Richard A. Lazzara on 8/28/2013. (SKH)
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| Filing 1058 NOTICE OF RESCHEDULING HEARING: The Status Conference previously scheduled for 9/5/2013 is rescheduled. New scheduling date and time: Status Conference reset for WEDNESDAY, SEPTEMBER 4, 2013, at 9:00 a.m., in Tampa Courtroom 15B before Judge Richard A. Lazzara. (SKH) |
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Filing 1057
ENDORSED ORDER granting 1056 Motion to Continue Status Conference scheduled September 5, 2013. Status Conference rescheduled to WEDNESDAY, SEPTEMBER 4, 2013, at 9:00 a.m. Signed by Judge Richard A. Lazzara on 8/28/2013. (SKH)
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| Filing 1056 Unopposed MOTION to Continue the Status Conference of September 5, 2013 by Securities and Exchange Commission. (Attachments: # 1 Text of Proposed Order)(Levenson, Robert) |
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Filing 1055
ORDER/NOTICE OF HEARING scheduling Status Conference on THURSDAY, SEPTEMBER 5, 2013, at 10:30 a.m., in Tampa Courtroom 15B before Judge Richard A. Lazzara. The Receiver and counsel for the SEC should be prepared to discuss with the Court whether it is financially in the best interest of the Receivership and the defrauded investors to maintain Quest as a receivership entity. The Receiver is directed to post this order on the Receivership's informational website so that interested parties may be informed of the date, time, and place of the Status Conference if they wish to attend. (SKH)
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| Filing 1054 STATUS report Receiver's Interim Report on Quest Energy Management Group, Inc. (May 24, 2013 to August 26, 2013) by Burton W. Wiand as to Scoop Real Estate, L.P., Jeff Downey, E. John Lopez, Victory IRA Fund, Ltd., Marty Huppert, Victory Fund, Ltd., Carrelage Multi-Strategy Offshore Fund, Ltd., Anne Nadel-Walbridge, Viking IRA Fund, LLC, Viking Management, LLC, Kelvin V. Lee, Viking Fund, LLC, Scoop Management, Inc., Valhalla Management, Inc., Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, N.A., Valhalla Investment Partners, L.P., Arthur Nadel, Scoop Capital, LLC. (Attachments: # 1 Exhibit A - Wheeler's Preliminary Report, # 2 Exhibit B - Order, # 3 Exhibit C - September 2011 letter, # 4 Exhibit D - Status Update Memoranda dated September 24, 2012 and October 16, 2012)(Morello, Gianluca) |
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Filing 1053
ENDORSED ORDER granting 1052 Motion for Clarification and permitting counsel to attend the deposition of the Receiver as set forth in the motion. Signed by Judge Richard A. Lazzara on 8/23/2013. (CCB)
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| Filing 1052 Unopposed MOTION for clarification re 822 Order on Motion to Disqualify by Burton W. Wiand. (Morello, Gianluca) |
| Filing 1051 MEMORANDUM in opposition re 1048 Memorandum in support - Receiver's memorandum re. affirming denial of Claim 445 filed by Burton W. Wiand. (Morello, Gianluca) |
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Filing 1050
ORDER granting 1049 Motion to Approve Sale of 2009 BMW 535i. Signed by Judge Richard A. Lazzara on 8/13/2013. (SKH)
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| Filing 1049 MOTION for miscellaneous relief, specifically Approve the sale of 2009 BMW 5351 by Burton W. Wiand. (Attachments: # 1 Text of Proposed Order Exhibit 1, # 2 Exhibit Exhibit 2)(Morello, Gianluca) |
| Filing 1048 MEMORANDUM in support re 1034 Order on Motion for Miscellaneous Relief filed by Fulcrum Distressed Opportunities Fund I, LP. (Eckhardt, Kevin) |
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Filing 1047
ORDER granting 1037 Unopposed Receiver's Fourteenth Interim Motion for Attorney Fees. Signed by Judge Richard A. Lazzara on 7/29/2013. (see order) (MSS)
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Filing 1046
ORDER ATTACHED granting 1045 Receiver's Motion for Settlement with Walter Schwab, associated with Case No. 8:10-cv-185-T-17MAP. Signed by Judge Richard A. Lazzara on 7/26/2013. (CCB)
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| Filing 1045 MOTION for Settlement re: Walter Schwab, et al. by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael) |
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Filing 1044
ORDER granting 1042 Motion for approval of sale of real property located in in Sarasota, Sarasota Florida. Signed by Judge Richard A. Lazzara on 7/18/2013. (see order) (MSS)
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Filing 1043
ORDER granting 1041 Motion for approval of sale of real property located in Evergreen Jefferson County, Colorado. Signed by Judge Richard A. Lazzara on 7/18/2013. (see order) (MSS)
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| Filing 1042 Unopposed MOTION for miscellaneous relief, specifically for Approval of Sale of Real Property Located in Sarasota, Sarasota County, Florida by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Proposed Order, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4 - Part 1 of 2, # 5 Exhibit 4 - Part 2 of 2, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7)(Morello, Gianluca) |
| Filing 1041 Unopposed MOTION for miscellaneous relief, specifically for Approval of Sale of Real Property Located in Evergreen, Jefferson County, Colorado by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Proposed Order, # 2 Exhibit 2 - Part 1 of 2, # 3 Exhibit 2 - Part 2 of 2, # 4 Exhibit 3 - Part 1 of 2, # 5 Exhibit 3 - Part 2 of 2, # 6 Exhibit 4 - Part 1 of 3, # 7 Exhibit 4 - Part 2 of 3, # 8 Exhibit 4 - Part 3 of 3, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7)(Morello, Gianluca) |
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Filing 1040
ORDER ATTACHED denying 1039 Motion to Intervene and Motion for Immediate Accounting. Signed by Judge Richard A. Lazzara on 7/16/2013. (CCB)
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| Filing 1039 MOTION to intervene and for Immediate Accounting by Jeff Downey. (Attachments: # 1 Exhibit A)(Rine, John) Motions referred to Magistrate Judge Thomas B. McCoun III. |
| Filing 1038 NOTICE by Burton W. Wiand re 1034 Order on Motion for Miscellaneous Relief Notice of Filing Joint Statement of Undisputed Facts Relating to Objection to Determination of Claim Number 445 (Attachments: # 1 Main Document Joint Statement of Undisputed Facts Relating to Objection to Determination of Claim Number 445, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V)(Morello, Gianluca) |
| Filing 1037 Unopposed MOTION for Attorney Fees Receiver's Fourteenth Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs to Receiver and His Professionals by Burton W. Wiand. (Attachments: # 1 Exhibit 1-Standardized Fund Accounting Report, # 2 Exhibit 2a-Rec's 13th Interim Report-Part 1, # 3 Exhibit 2b-Rec's 13th Interim Report-Part 2, # 4 Exhibit 3-Prior Interim Motions for Fees and Costs, # 5 Exhibit 4-Scoop Receivership-Rep of Scoop Receivership, # 6 Exhibit 5-Scoop Receivership-Recovery from Investors, # 7 Exhibit 6-Scoop Receivership-Recovery of Assets from N. and C. Moody, # 8 Exhibit 7-Scoop Receivership-Recovery of Commissions, # 9 Exhibit 8-Scoop Receivership-Holland & Knight, # 10 Exhibit 9-Categorization and Summary of WGK Costs, # 11 Exhibit 10-Attorney Fee Schedule, # 12 Exhibit 11-Scoop Legal Team-Scoop Capital, LLC, # 13 Exhibit 12-Scoop Legal Team-Recovery from Investors, # 14 Exhibit 13-Scoop Legal Team-Recovery of Assets from N. and C. Moody, # 15 Exhibit 14-Scoop Legal Team-Recovery of Commissions, # 16 Exhibit 15-Scoop Legal Team-Holland & Knight, # 17 Exhibit 16-James Hoyer et al., # 18 Exhibit 17-PDR Certified Public Accountants, # 19 Exhibit 18-E-Hounds, Inc., # 20 Exhibit 19-The RWJ Group, LLC, # 21 Exhibit 20-Yip Levi, # 22 Exhibit 21-EIM Consulting, LLC, # 23 Exhibit 22-Allen Dell PA, # 24 Exhibit 23- Jones & Keller PC, # 25 Exhibit 24-Briggs and Morgan PA, # 26 Exhibit 25-Goetz, Baldwin et al., # 27 Exhibit 26-Stichter, Riedel et al., # 28 Exhibit 27-Proposed Order)(Morello, Gianluca) |
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Filing 1036
ORDER ATTACHED granting 1035 Receiver's Motion to Approve Settlement with Anne Nadel Walbridge associated with case no. 8:12-cv-2532-T-23TGW. Signed by Judge Richard A. Lazzara on 7/9/2013. (CCB)
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| Filing 1035 MOTION for Settlement re: Anne Nadel Walbridge by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca) |
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Filing 1034
ORDER ATTACHED granting 1033 Motion for Establishing Procedure to Resolve Objection to Claim Number 445 (see attached order for details of procedure). Signed by Judge Richard A. Lazzara on 7/3/2013. (CCB)
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| Filing 1033 Unopposed MOTION for miscellaneous relief, specifically for establishing procedure to resolve objection to claim number 445 by Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Morello, Gianluca) |
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Filing 1032
ORDER ATTACHED granting Receiver's Motion to Approve Settlement 1031 . The Court approves the written settlement agreement attached to the motion entered into between the Receiver and The Carrswold Partnership. Signed by Judge Richard A. Lazzara on 6/27/2013. (SKH)
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| Filing 1031 MOTION for Settlement re: The Carrswold Partnership - AAA Arbitration by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael) |
| Filing 1030 NOTICE of Appearance by Mark A. Platt on behalf of Van Operating, Ltd. (Platt, Mark) |
| TRANSMITTAL to USCA forwarding receipt #TPA-17990 re 1027 Notice of appeal (RFK) |
| USCA appeal fees received $ 455 receipt number tpa17990 re 1027 Notice of appeal filed by Quest Energy Management Group, Inc. (ARC) |
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Filing 1029
ENDORSED ORDER granting 1028 Motion to Appear pro hac vice. Signed by Judge Richard A. Lazzara on 6/20/2013. (CCB)
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| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Mark A. Platt, appearing on behalf of Van Operating, Ltd. (Filing fee $10 receipt number TPA17983.). (JNB) |
| Filing 1028 MOTION for Mark A. Platt to appear pro hac vice by Van Operating, Ltd.. (Colton, Roberta) |
| TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 1027 Notice of appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (BSN) |
| Filing 1027 NOTICE OF APPEAL as to 1024 Order on Motion for Miscellaneous Relief by Quest Energy Management Group, Inc.. Filing fee not paid. (Attachments: # 1 Exhibit A)(Rine, John) |
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Filing 1026
ORDER ATTACHED granting 1025 Receiver's Motion for Settlement with Ellen Schwab associated with Case No. 8:10-cv-130-T-17MAP. Signed by Judge Richard A. Lazzara on 6/5/2013. (CCB)
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| Filing 1025 MOTION for Settlement re: Ellen Schwab by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael) |
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Filing 1024
ORDER ATTACHED granting 993 Motion to Expand Scope of Receivership regarding Quest. Signed by Judge Richard A. Lazzara on 5/24/2013. (CCB)
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Filing 1023
ENDORSED ORDER denying 1022 Motion for Leave to File Sur-reply. Signed by Judge Richard A. Lazzara on 5/24/2013. (CCB)
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| Filing 1022 MOTION for leave to file Sur-reply by Quest Energy Management Group, Inc.. (Rine, John) |
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Filing 1021
ENDORSED ORDER granting 1020 Motion to Prosecute Limited Cross-Appeal. Signed by Judge Richard A. Lazzara on 5/22/2013. (CCB)
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| Filing 1020 Unopposed MOTION for miscellaneous relief, specifically PERMISSION TO PROSECUTE LIMITED CROSS-APPEAL by Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Morello, Gianluca) |
| Filing 1019 NOTICE of Appearance by John Austin Rine on behalf of Quest Energy Management Group, Inc. (Rine, John) |
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Filing 1018
ORDER ATTACHED striking 1017 Motion to Extend Time to Retain Attorney. Signed by Judge Richard A. Lazzara on 5/14/2013. (CCB)
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| Filing 1017 ***STRICKEN PER 1018 ORDER*** MOTION to extend time to retain attorney by Quest Energy Management Group, Inc. (JNB) Modified on 5/15/2013 (JNB). |
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Filing 1016
ORDER granting 1011 Motion for Order of Sale. Any and all claims relating to the real properties that is the subject of this order shall be extinguished at the time of its sale by the receiver. Signed by Judge Richard A. Lazzara on 5/8/2013. (MSS)
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Filing 1015
ORDER ATTACHED granting 1013 Receiver's Motion for Settlement with Edward Steinhauser and Diane Schwab associated with Case no. 8:10-cv-157-T-17MAP. Signed by Judge Richard A. Lazzara on 5/7/2013. (CCB)
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Filing 1014
ORDER ATTACHED granting 1012 Receiver's Motion for Settlement with Dominique Schmidt and Caroline Schwab associated with Case no. 8:10-cv-223-T-17MAP. Signed by Judge Richard A. Lazzara on 5/7/2013. (CCB)
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| Filing 1013 MOTION for Settlement re: Edward Steinhauser and Diane Schwab by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael) |
| Filing 1012 MOTION for Settlement re: Dominique Schmidt and Caroline Schwab by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael) |
| Filing 1011 Unopposed MOTION for Order of Sale of Unencumbered Real Property Located in Thomasville, Thomas County, Georgia by Burton W. Wiand. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Morello, Gianluca) |
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Filing 1010
ENDORSED ORDER: Former counsel for Quest Energy Management Group, Inc., shall furnish a copy of the Court's order allowing counsel to withdraw to Quest no later than the close of business Tuesday, April 30, 2013. Signed by Judge Richard A. Lazzara on 4/29/2013. (CCB)
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Filing 1009
ORDER ATTACHED granting 1008 Motion to Withdraw as Attorney for Quest. Attorneys James E. Felman and Katherine Earle Yanes terminated. Quest shall have until 5/14/2013 for new counsel to enter appearance. Signed by Judge Richard A. Lazzara on 4/29/2013. (CCB)
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| Filing 1008 MOTION for Kynes, Markman & Felman; James E. Felman; and Katherine Earle Yanes to withdraw as attorney by Quest Energy Management Group, Inc.. (Yanes, Katherine) |
| Filing 1007 REPLY to Response to Motion re 993 MOTION for miscellaneous relief, specifically to Expand the Scope of Receivership to Include Quest Energy Management Group, Inc. filed by Burton W. Wiand. (Attachments: # 1 Exhibit A)(Morello, Gianluca) |
| Filing 1006 NOTICE of Appearance by Robert K. Levenson on behalf of Securities and Exchange Commission (Levenson, Robert) |
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Filing 1005
ENDORSED ORDER granting 1004 Motion for Leave to File Reply on or before April 26, 2013. Signed by Judge Richard A. Lazzara on 4/17/2013. (CCB)
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| Filing 1004 MOTION for leave to file Reply to Quest Energy Management Group, Inc.'s Opposition to the Receiver's Motion to Expand The Scope of Receivership by Burton W. Wiand. (Morello, Gianluca) |
| Filing 1003 MEMORANDUM in opposition re 993 Motion for Miscellaneous Relief filed by Quest Energy Management Group, Inc.. (Attachments: # 1 Exhibit A)(Yanes, Katherine) |
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Filing 1002
ORDER ATTACHED denying 980 Motion to Modify. Signed by Judge Richard A. Lazzara on 4/12/2013. (CCB)
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| Filing 1001 STATUS report Receiver's Thirteenth Interim Report (October 1, 2012 - February 28, 2013) by Burton W. Wiand as to Scoop Real Estate, L.P., E. John Lopez, Victory IRA Fund, Ltd., Marty Huppert, Victory Fund, Ltd., Carrelage Multi-Strategy Offshore Fund, Ltd., Anne Nadel-Walbridge, Viking IRA Fund, LLC, Viking Management, LLC, Kelvin V. Lee, Viking Fund, LLC, Scoop Management, Inc., Valhalla Management, Inc., Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, N.A., Valhalla Investment Partners, L.P., Arthur Nadel, Scoop Capital, LLC. (Attachments: # 1 Exhibit A - Standardized Fund Accounting Report, # 2 Exhibit B - Receivership Assets Sold or Otherwise Disposed, # 3 Exhibit C - Chris Moody's Assets, # 4 Exhibit D - Neil Moody's Assets)(Morello, Gianluca) |
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Filing 1000
ENDORSED ORDER granting 999 Motion for Extension of Time to File Response to 993 Motion to Expand the Scope of Receivership to Include Quest Energy Management Group, Inc. Response due on or before 4/15/2013. Signed by Judge Richard A. Lazzara on 4/4/2013. (CCB)
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| Filing 999 MOTION for Extension of Time to File Response/Reply as to 993 MOTION for miscellaneous relief, specifically to Expand the Scope of Receivership to Include Quest Energy Management Group, Inc. by Quest Energy Management Group, Inc.. (Felman, James) |
| Filing 998 NOTICE of Limited Appearance by Katherine Earle Yanes on behalf of Quest Energy Management Group, Inc. (Yanes, Katherine) |
| Filing 997 NOTICE of Limited Appearance by James E. Felman on behalf of Quest Energy Management Group, Inc. (Felman, James) |
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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)
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| Filing 995 REPLY to Response to Motion re 979 MOTION for miscellaneous relief, specifically to enjoin the R. Formica et al. v. D. Rowe et al., Case No. 8:11-cv-516 (M.D. Fla.) and J. Bell, II et al. v. D. Rowe et al., Case No. 2009 CA 4925 NC (Sarasota Cty Cir. Ct.) filed by Burton W. Wiand. (Morello, Gianluca) |
| Filing 994 DECLARATION of Burton W. Wiand re 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 A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Morello, Gianluca) |
| 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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Filing 992
ENDORSED ORDER directing the Receiver to respond to The Formicas' Memorandum of Law in Opposition to the Receiver's Motion to Enjoin Court Proceedings. Responses due by 3/26/2013. Signed by Judge Richard A. Lazzara on 3/19/2013. (SKH)
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| Filing 991 DECLARATION of Gianluca Morello re 990 Response in Opposition to Motion by Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Morello, Gianluca) |
| Filing 990 RESPONSE in Opposition re 980 MOTION to modify Order Disallowing Claim by Elendow LLC filed by Burton W. Wiand. (Morello, Gianluca) |
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Filing 989
ORDER granting 988 Motion for Approval to Transfer Vehicles' Titles. Signed by Judge Richard A. Lazzara on 3/15/2013. (SKH)
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| Filing 988 Unopposed MOTION for miscellaneous relief, specifically for Approval to Transfer Vehicle Titles by Burton W. Wiand. (Attachments: # 1 Exhibit A - Proposed Order, # 2 Exhibit B - Limited Power of Attorney)(Morello, Gianluca) |
| Filing 987 MEMORANDUM in opposition re 979 Motion for Miscellaneous Relief filed by Richard Formica. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Barker, Chris) |
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Filing 986
ORDER ATTACHED enjoining J. Bell, II, et al. v. D. Rowe, et al., No. 2009 CA 4925 pending in the Twelfth Judicial Circuit, and directing Plaintiffs' counsel to notify presiding judge. Signed by Judge Richard A. Lazzara on 3/11/2013. (CCB)
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| Filing 985 NOTICE by Burton W. Wiand re 979 MOTION for miscellaneous relief, specifically to enjoin the R. Formica et al. v. D. Rowe et al., Case No. 8:11-cv-516 (M.D. Fla.) and J. Bell, II et al. v. D. Rowe et al., Case No. 2009 CA 4925 NC (Sarasota Cty Cir. Ct.) (Morello, Gianluca) |
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Filing 984
ORDER granting 983 Motion to Appoint Receiver.. Signed by Judge Richard A. Lazzara on 3/7/2013. (SKH)
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| Filing 983 Unopposed MOTION to Appoint Receiver (Sixth Motion for Reappointment of Receiver) by Burton W. Wiand. (Attachments: # 1 Exhibit A - Proposed Order)(Morello, Gianluca) |
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Filing 982
ORDER granting 981 Receiver's Motion for Permission to Prosecute Cross-Appeals 981 . Signed by Judge Richard A. Lazzara on 3/5/2013. (SKH)
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| Filing 981 Unopposed MOTION for miscellaneous relief, specifically for Permission to Prosecute Limited Cross-Appeals by Burton W. Wiand. (Attachments: # 1 Exhibit A - (Lee) Report and Recommendation, # 2 Exhibit B - (Lee) Order adopting Report and Recommendation, # 3 Exhibit C - (Dancing $) Report and Recommendation, # 4 Exhibit D - (Dancing $) Order adopting Report and Recommendation)(Morello, Gianluca) |
| Filing 980 MOTION to modify Order Disallowing Claim by Elendow LLC. (Attachments: # 1 Affidavit in Support of Claimant Ellendow, LLC's Motion for Reconsideration of Cliam, # 2 Affidavit in Support of Claimant Elendwo LLC's Motion to Modify Oder Disallowing Claim)(Bleil, Joshua) |
| Filing 979 MOTION for miscellaneous relief, specifically to enjoin the R. Formica et al. v. D. Rowe et al., Case No. 8:11-cv-516 (M.D. Fla.) and J. Bell, II et al. v. D. Rowe et al., Case No. 2009 CA 4925 NC (Sarasota Cty Cir. Ct.) by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Formica v. Rowe Operative Complaint, # 2 Exhibit 2 - Bell v. Rowe Operative Complaint)(Morello, Gianluca) |
| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Mark A. Rogers, appearing on behalf of World Opportunity Fund, L.P. (Filing fee $10 receipt number TPA15986.). (JNB) |
| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney James E. Connelly, appearing on behalf of World Opportunity Fund, L.P. (Filing fee $10 receipt number TPA15986.). (JNB) |
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Filing 978
ORDER ATTACHED regarding Order entered at docket 976. Signed by Judge Richard A. Lazzara on 2/20/2013. (CCB)
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| Filing 977 NOTICE cancelling Motion Hearing hearing scheduled for 2/21/2013 at 9:00 a.m. (SKH) |
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Filing 976
ORDER ATTACHED denying 966 Motion to Clarify Settlement Orders and cancelling hearing scheduled Thursday, February 21, 2013, at 9:00 a.m. Signed by Judge Richard A. Lazzara on 2/20/2013. (SKH)
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| Filing 975 RESPONSE in Opposition re 966 MOTION for miscellaneous relief, specifically to clarify certain settlement orders and JOINDER re 973 World Opportunity Fund's Objection to Receiver's Motion "To Clarify Certain Settlement Orders" filed by Peter Roby, Katherine Roby, Charles A. Hailey, Gregg Weinberg, Louis Wang, John D. Whitlock, Rodney Nigel Turner, W.W. Whitlock Foundation, Paul Swenson, Harvey A. Gilbert, Deanne E. Gilbert, Thomas Luck, Mark Munson, Melinda Munson, Munson Family Partners, Ltd.. (Warren, Jeffrey) |
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Filing 974
ENDORSED ORDER granting 972 James E. Connelly and Mark A. Rogers' motion to appear pro hac vice. Signed by Judge Richard A. Lazzara on 2/19/2013. (SKH)
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| Filing 973 RESPONSE to Motion re 966 MOTION for miscellaneous relief, specifically to clarify certain settlement orders filed by World Opportunity Fund, L.P.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rogers, Mark) |
| Filing 972 Unopposed MOTION for James E. Connelly and Mark A. Rogers to appear pro hac vice by World Opportunity Fund, L.P.. (Schrils, Frederick) |
| Filing 971 NOTICE by Burton W. Wiand re 966 MOTION for miscellaneous relief, specifically to clarify certain settlement orders Notice of Filing Amended Local Rule 3.01(g) Certification (Lamont, Michael) |
| Filing 970 NOTICE by Burton W. Wiand re 966 MOTION for miscellaneous relief, specifically to clarify certain settlement orders Notice of Filing Amended Local Rule 3.01(g) Certification (Lamont, Michael) |
| Filing 969 NOTICE of hearing on 966 Motion to Clarify Certain Settlement Orders set for 2/21/2013 at 09:00 AM in Tampa Courtroom 15 B before Judge Richard A. Lazzara. (CCB) |
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Filing 968
ORDER ATTACHED directing World Opportunity Fund, L.P. to respond to 966 Motion to Clarify Certain Settlement Orders on or before 2/19/2013. Signed by Judge Richard A. Lazzara on 2/15/2013. (CCB)
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| Filing 967 DECLARATION of Burton W. Wiand re 966 MOTION for miscellaneous relief, specifically to clarify certain settlement orders by Burton W. Wiand. (Morello, Gianluca) |
| Filing 966 MOTION for miscellaneous relief, specifically to clarify certain settlement orders by Burton W. Wiand. (Attachments: # 1 Exhibit A - profiteer's brief, # 2 Exhibit B - settlement orders, # 3 Exhibit C - proposed order)(Morello, Gianluca) |
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Filing 965
ORDER ATTACHED granting 964 Receiver's Motion to Approve Agreement with Samuel R. Morgan, III, associated with Case No. 8:10-cv-205-T-17MAP. Signed by Judge Richard A. Lazzara on 2/8/2013. (CCB)
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| Filing 964 MOTION for miscellaneous relief, specifically to Approve Agreement Relating to Payment of Judgment re: Samuel Ross Morgan, III by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Agreement)(Morello, Gianluca) |
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Filing 963
ATTACHED ORDER granting 960 Receiver's Motion for Settlement with Joyce and Donald Rowe associated with Case No. 8:10-cv-245-T-17MAP. Signed by Judge Richard A. Lazzara on 2/5/2013. (CCB)
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Filing 962
ORDER ATTACHED granting 961 Receiver's Motion for Settlement with Henry M. Buhl associated with Case No. 10-cv-75-T-17MAP. Signed by Judge Richard A. Lazzara on 2/4/2013. (CCB)
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| Filing 961 MOTION for Settlement re: Henry M. Buhl by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca) |
| Filing 960 MOTION for Settlement re: Donald Rowe, individually and as Trustee of the Wall Street Digest Defined Benefit Pension Plan, Joyce Rowe, and Carnegie Asset Management, Inc. by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca) |
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Filing 959
ORDER that Plaintiff's disgorgement claims against the Relief Defendants are dismissed with prejudice. Signed by Judge Richard A. Lazzara on 1/31/2013. (SKH)
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| Filing 958 NOTICE by Securities and Exchange Commission of Voluntary Dismissal with Prejudice of its Disgorgement Claims Against Relief Defendants (Masel, Scott) |
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Filing 957
ORDER ATTACHED granting 956 Receiver's Motion to Approve Settlement with Steve Ellis associated with Case No. 8:10-cv-233-T-17MAP. Signed by Judge Richard A. Lazzara on 1/23/2013. (CCB)
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| Filing 956 MOTION for Settlement re: Steve Ellis by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Executed Settlement Agreement)(Morello, Gianluca) |
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Filing 955
ORDER ATTACHED deferring ruling on the motion at docket 740 pending resolution of Case No. 8:12-cv-557-T-27EAJ. Signed by Judge Richard A. Lazzara on 1/17/2013. (CCB)
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| Filing 954 FINAL JUDGMENT as to defendants Scoop Capital, LLC and Scoop Management, Inc. Signed by Judge Richard A. Lazzara on 12/19/2012. (CEK) |
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Filing 953
ORDER granting 952 Motion for Final Judgment as to Defendants Scoop Capital, LLC, and Scoop Management, Inc. Signed by Judge Richard A. Lazzara on 12/19/2012. (SKH)
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| Filing 952 MOTION for miscellaneous relief, specifically for Entry of Final Judgment of Permanent Injunction and Other Relief and Notice of Filing Consent of Defendants Scoop Capital, LLC, and Scoop Management, Inc. by Securities and Exchange Commission. (Attachments: # 1 Consent of Defendants Scoop Capital, LLC, and Scoop Management, Inc., # 2 Text of Proposed Order)(Masel, Scott) |
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Filing 951
ORDER ATTACHED granting 950 Unopposed Receiver's Thirteenth Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs to Receiver and his Professionals. Signed by Judge Richard A. Lazzara on 12/14/2012. (SKH)
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| Filing 950 Unopposed MOTION for attorney fees Receiver's Thirteenth Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs to Receiver and His Professionals by Burton W. Wiand. (Attachments: # 1 Exhibit 1-Standardized Fund Accounting Report, # 2 Exhibit 2-Part 1-Receiver's Twelfth Interim Report, # 3 Exhibit 2-Part 2-Receiver's Twelfth Interim Report, # 4 Exhibit 3-Scoop Receivership-Representation of Scoop Receivership, # 5 Exhibit 4-Scoop Receivership-Recovery from Investors, # 6 Exhibit 5-Scoop Receivership-Recovery of Assets from Moodys, # 7 Exhibit 6-Scoop Receivership-Recovery of Commissions, # 8 Exhibit 7-Scoop Receivership-Holland & Knight, # 9 Exhibit 8-Categorization and Summary of WGK Costs, # 10 Exhibit 9-Attorney Fee Schedule, # 11 Exhibit 10-Part 1-Scoop Legal Team-Scoop Capital, LLC, # 12 Exhibit 10-Part 2-Scoop Legal Team-Scoop Capital, LLC, # 13 Exhibit 11-Scoop Legal Team-Recovery from Investors, # 14 Exhibit 12-Scoop Legal Team-Recovery of Assets from Moodys, # 15 Exhibit 13-Scoop Legal Team-Recovery of Commissions, # 16 Exhibit 14-Scoop Legal Team-Holland & Knight, # 17 Exhibit 15-Nadel Receivership-Wells Fargo, # 18 Exhibit 16-James Hoyer, # 19 Exhibit 17-Part 1-PDR Certified Public Accountants, # 20 Exhibit 17-Part 2-PDR Certified Public Accountants, # 21 Exhibit 18-Riverside Financial Group, # 22 Exhibit 19-E-Hounds, Inc., # 23 Exhibit 20-The RWJ Group, LLC, # 24 Exhibit 21-Yip Levi, # 25 Exhibit 22-John M. Fedders, # 26 Exhibit 23-The Taylor Law Offices, P.C., # 27 Exhibit 24-EIM Consulting LLC, # 28 Exhibit 25-Orrick, # 29 Exhibit 26-Kirby Noonan Lance & Hoge LLP, # 30 Exhibit 27-Cheney, Brock & Saudek, P.C., # 31 Exhibit 28-Jones & Keller, P.C., # 32 Exhibit 29-Proposed Order)(Morello, Gianluca) |
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Filing 949
ENDORSED ORDER denying without prejudice 936 Motion for possession of title of real estate as stated on the record in open court. Signed by Judge Richard A. Lazzara on 11/30/2012. (MSS)
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| Filing 948 Minute Entry. Proceedings held before Judge Richard A. Lazzara: Motion Hearing held on 11/30/2012 re 936 MOTION for miscellaneous relief, specifically for Possession of and Title to Real Property Located in Marshfield, VT filed by Burton W. Wiand. Court Reporter: Claudia Spangler-Fry (MSS) |
| Filing 947 RESPONSE in opposition re 936 MOTION for miscellaneous relief, specifically for Possession of and Title to Real Property Located in Marshfield, VT filed by Anne Nadel-Walbridge. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B)(Farmer, Matthew) |
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Filing 946
ORDER granting 945 Motion to approve second interim distribution, to approve revisions to certain claim determinations, to increase certain reserved and to release certain other reserves. (see order). Signed by Judge Richard A. Lazzara on 11/16/2012. (MSS)
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| Filing 945 Unopposed MOTION for miscellaneous relief, specifically (1) Approve Second Interim Distribution, (2) Approve Revisions to Certain Claim Determinations, (3) Increase Certain Reserves, and (4) Release Certain Other Reserves by Burton W. Wiand. (Attachments: # 1 Exhibit A - Distribution Schedule, # 2 Exhibit B - Reserves, # 3 Exhibit C - Proposed Order)(Morello, Gianluca) |
| Filing 944 NOTICE of Hearing on 936 Motion for miscellaneous relief, specifically for Possession of and Title to Real Property Located in Marshfield, VT continued to 11/30/2012 at 10:00 AM in Tampa Courtroom 15 B before Judge Richard A. Lazzara. (CCB) |
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Filing 943
ORDER ATTACHED granting 942 Motion for Extension of Time to File Response to Motion for Possession of and Title to Real Property Located in Marshfield, VT on or before 11/28/2012 and granting 942 Motion to Continue. Signed by Judge Richard A. Lazzara on 11/13/2012. (CCB)
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| Filing 942 Unopposed MOTION for extension of time to file response/reply as to 936 MOTION for miscellaneous relief, specifically for Possession of and Title to Real Property Located in Marshfield, VT, Unopposed MOTION to continue Hearing by Anne Nadel-Walbridge. (Farmer, Matthew) |
| Filing 941 NOTICE of Appearance by Matthew P. Farmer on behalf of Anne Nadel-Walbridge (Farmer, Matthew) |
| Filing 940 NOTICE of compliance re 938 Order directing response to motion Receiver's Notice of Providing Court Filings to Anne Nadel by Burton W. Wiand (Morello, Gianluca) |
| Filing 939 NOTICE of Hearing on 936 Motion for Possession of and Title to Real Property Located in Marshfield, VT set for 11/15/2012 at 09:30 AM in Tampa Courtroom 15 B before Judge Richard A. Lazzara. (CCB) |
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Filing 938
ORDER ATTACHED directing to Anne Nadel to respond to 936 Motion for Possession of and Title to Real Property Located in Marshfield, VT, on or before 11/13/2012. The Clerk and the Receiver are directed to send notice in accord with the attached order. Signed by Judge Richard A. Lazzara on 11/1/2012. (CCB)
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| Filing 937 DECLARATION of Burton W. Wiand re 936 MOTION for miscellaneous relief, specifically for Possession of and Title to Real Property Located in Marshfield, VT by Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK)(Morello, Gianluca) |
| Filing 936 MOTION for miscellaneous relief, specifically for Possession of and Title to Real Property Located in Marshfield, VT by Burton W. Wiand. (Attachments: # 1 Exhibit A - Proposed Order, # 2 Exhibit B - Anne Nadel letter)(Morello, Gianluca) |
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Filing 935
ORDER granting 934 Motion to Reappoint Receiver. Signed by Judge Richard A. Lazzara on 10/29/2012. (SKH)
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| Filing 934 Unopposed MOTION for miscellaneous relief, specifically Reappoint Receiver by Burton W. Wiand. (Attachments: # 1 Exhibit A - Proposed Order)(Morello, Gianluca) |
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Filing 933
ORDER granting 931 Motion to dismiss with prejudice; granting 931 Motion authorizing the Receiver to deposit into the receivership estate tax refunds made payable to defendant Nadel. Signed by Judge Richard A. Lazzara on 10/26/2012. (MSS) Modified on 10/29/2012 (CEK).
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Filing 932
ORDER granting 930 Motion for leave to pay Arbitrators' hourly fees from Receivership Estate. Signed by Judge Richard A. Lazzara on 10/26/2012. (MSS) Modified on 10/29/2012 (CEK).
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| Filing 931 Unopposed MOTION to dismiss with Prejudice Plaintiff's Disgorgement and Civil Penalty Claims as to Defendant Nadel, Joint MOTION for miscellaneous relief, specifically for an Order Authorizing the Receiver to Deposit into the Receivership Estate Tax Refunds Made Payable to Defendant Nadel by Securities and Exchange Commission. (Attachments: # 1 Text of Proposed Order)(Masel, Scott) |
| Filing 930 Unopposed MOTION for miscellaneous relief, specifically for leave to pay arbitrators' hourly fees directly from Receivership Estate by Burton W. Wiand. (Morello, Gianluca) |
| Filing 929 STATUS REPORT Receiver's Twelfth Interim Report (4/1/12 - 9/30/12) by Burton W. Wiand. (Attachments: # 1 Exhibit A - Standardized Fund Accounting Report, # 2 Exhibit B - Receivership Assets, # 3 Exhibit C - Chris Moody's Assets, # 4 Exhibit D - Neil Moody's Assets)(Morello, Gianluca) |
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Filing 928
ORDER ATTACHED denying 927 E. Zack's Motion for relief from receivership. Signed by Judge Richard A. Lazzara on 10/23/2012. (CCB)
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| Filing 927 MOTION for miscellaneous relief, specifically to intervene as a victim seeking relief from the receivership by Emelie Zack. (Attachments: # 1 Mailing Envelope)(BSN) |
| Filing 926 NOTICE of Apperance Appearance by Paul B. Thanasides on behalf of Vernon M. Lee (Thanasides, Paul) |
| Filing 925 NOTICE of Appearance Appearance by Lorien Smith Johnson on behalf of Vernon M. Lee (Johnson, Lorien) |
| Filing 924 JUDGMENT granting Receiver's Motion to Approve Settlment (Doc. 898 ) between Receiver and Holland & Knight LLP and Scott R. MacLeod. (Signed by Deputy Clerk) (CEK) |
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Filing 923
ORDER ATTACHED granting 920 Motion to Approve Settlement with Catholic Charities, Diocese of Venice, Inc., et al., associated with Case nos. 8:10-cv-247-T-17MAP and 8:10-cv-246-T-17MAP. Signed by Judge Richard A. Lazzara on 10/2/2012. (CCB)
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Filing 922
ORDER granting 898 Receiver's Motion to Approve Settlement Agreement between the Receiver and Holland & Knight LLP and Scott R. MacLeod. Signed by Judge Richard A. Lazzara on 10/2/2012. (SKH)
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Filing 921
ORDER re Receiver's motion to approve settlement with the law firm of Holland & Knight LLP. The Court is of the opinion that the analysis and rationale of the Court's order approving the settlement with Goldman Sachs should apply to the resolution of the pending motion to approve the settlement with H&K and MacLeod. Therefore, based on that analysis and rationale, the objection to the Receiver's motion is overruled, and the Court will grant the motion by entering, by separate docket entry, the order proposed by the Receiver. Signed by Judge Richard A. Lazzara on 10/2/2012. (SKH)
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| Filing 920 MOTION to Approve Settlement re: Catholic Charities, Diocese of Venice, Inc. and Bishop Frank J. Dewane, as Corporation Sole of the Diocese of Venice in Florida and Diocese of Venice in Florida, an unincorporated religious organization by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael) |
| Filing 919 OBJECTION re 898 MOTION to Approve Settlement with Holland & Knight LLP and Scott R. MacLeod. (Thanasides, Paul) |
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Filing 918
ORDER ATTACHED granting 917 Receiver's Motion to Approve Settlement with Sarasota Opera Association, Inc., in connection with 8:10-cv-248-T-17MAP. Signed by Judge Richard A. Lazzara on 9/27/2012. (CCB)
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| Filing 917 MOTION to Approve Settlement re: Sarasota Opera Association, Inc. by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael) |
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Filing 916
ORDER granting 904 Motion to expand the scope of receivership to include Respiro, Inc. Signed by Judge Richard A. Lazzara on 9/21/2012. (see order) (MSS)
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| Filing 915 Minute Entry. Proceedings held before Judge Richard A. Lazzara: Motion Hearing held on 9/21/2012 re 904 MOTION for miscellaneous relief, specifically to Expand the Scope of Receivership to Include Respiro, Inc. filed by Burton W. Wiand. Court Reporter: Claudia Spangler-Fry (MSS) |
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Filing 914
ORDER granting 897 Unopposed receiver's twelfth interim Motion for attorney fees. Signed by Judge Richard A. Lazzara on 9/13/2012. (see order) (MSS)
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| Filing 913 NOTICE of compliance re 907 Order directing response to motion by Burton W. Wiand (Morello, Gianluca) |
| Filing 912 PROOF OF PUBLICATION filed by Burton W. Wiand. Newspaper: The Wall Street Journal and the Sarasota Herald Tribune Date(s) of publication August 31, 2012 and September 4, 2012 re settlement with Holland & Knight LLP and Scott R. MacLeod. (Attachments: # 1 Exhibit A - Declaration of Guy M. Burns, Esq. with Proof of Publications)(Morello, Gianluca) |
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Filing 911
ORDER granting 909 Motion to Expand Receivership to include Summer Place Development Corporation. Signed by Judge Richard A. Lazzara on 9/12/2012. (SKH)
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| Filing 910 DECLARATION of Burton W. Wiand re 909 Unopposed MOTION for miscellaneous relief, specifically to Expand Receivership to Include Summer Place Development Corporation by Burton W. Wiand. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Morello, Gianluca) |
| Filing 909 Unopposed MOTION for miscellaneous relief, specifically to Expand Receivership to Include Summer Place Development Corporation by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Proposed Order)(Morello, Gianluca) |
| Filing 908 NOTICE of Hearing on 904 Motion to Expand the Scope of Receivership to Include Respiro, Inc., set for 9/21/2012 at 9:00 AM in Tampa Courtroom 15 B before Judge Richard A. Lazzara. (CCB) |
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Filing 907
ORDER ATTACHED directing response to 904 Motion to Expand the Scope of Receivership to Include Respiro, Inc., on or before 9/19/2012, with directions to the Clerk and to Counsel for the Receiver. Signed by Judge Richard A. Lazzara on 9/10/2012. (CCB)
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| Filing 906 AFFIDAVIT of Christopher D. Moody re: 904 MOTION for miscellaneous relief, specifically to Expand the Scope of Receivership to Include Respiro, Inc. by Burton W. Wiand. (Morello, Gianluca) |
| Filing 905 DECLARATION of Burton W. Wiand re 904 MOTION for miscellaneous relief, specifically to Expand the Scope of Receivership to Include Respiro, Inc. by Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Morello, Gianluca) |
| Filing 904 MOTION for miscellaneous relief, specifically to Expand the Scope of Receivership to Include Respiro, Inc. by Burton W. Wiand. (Morello, Gianluca) |
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Filing 903
ORDER granting 902 Receiver's Unopposed Verified Motion for Approval of Agreement Regarding Sale of Securities of Endai Marketing Growth. Signed by Judge Richard A. Lazzara on 8/31/2012. (SKH)
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| Filing 902 Unopposed MOTION for miscellaneous relief, specifically for Approval of Agreement Regarding Sale of Securities of Endai Marketing Growth, Inc. Verified by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Proposed Order, # 2 Exhibit 2 - Agreement)(Morello, Gianluca) |
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Filing 901
ENDORSED ORDER granting 900 Motion to Approve Proposed Notice of Settlement. Signed by Judge Richard A. Lazzara on 8/29/2012. (CCB)
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| Filing 900 MOTION for miscellaneous relief, specifically to approve proposed notice of settlement with Holland & Knight LLP and Scott R. MacLeod by Burton W. Wiand. (Attachments: # 1 Exhibit A - Proposed Notice of Settlement)(Morello, Gianluca) |
| Filing 899 AFFIDAVIT of Burton W. Wiand re: 898 MOTION to Approve Settlement with Holland & Knight LLP and Scott R. MacLeod by Burton W. Wiand. (Morello, Gianluca) |
| Filing 898 MOTION to Approve Settlement with Holland & Knight LLP and Scott R. MacLeod by Burton W. Wiand. (Attachments: # 1 Exhibit A - Settlement Agreement, # 2 Exhibit B - Proposed Order Approving Settlement Agreement)(Morello, Gianluca) |
| Filing 897 Unopposed MOTION for attorney fees Receiver's Twelfth Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs To Receiver and His Professionals by Burton W. Wiand. (Attachments: # 1 Exhibit 1-Standardized Fund Accounting Report, # 2 Exhibit 2-Receiver's Eleventh Interim Report, # 3 Exhibit 3-Scoop Receivership-Representation of Scoop Receivership, # 4 Exhibit 4-Scoop Receivership-Recovery from Investors, # 5 Exhibit 5-Scoop Receivership-Recovery of Assets from Moodys, # 6 Exhibit 6-Scoop Receivership-Holland & Knight, # 7 Exhibit 7-Categorization and Summary of WGK Costs, # 8 Exhibit 8-Attorney Fee Schedule, # 9 Exhibit 9-Scoop Legal Team - Scoop Capital LLC Receivership, # 10 Exhibit 10-Scoop Legal Team - Recovery from Investors, # 11 Exhibit 11-Scoop Legal Team - Recovery from Moodys, # 12 Exhibit 12-Scoop Legal Team - Recovery of Commissions, # 13 Exhibit 13-Scoop Legal Team - Holland & Knight, # 14 Exhibit 14-Litigation Involving Wells Fargo, # 15 Exhibit 15-James, Hoyer, et al., # 16 Exhibit 16-de la Parte & Gilbert, P.A., # 17 Exhibit 17-PDR Certified Public Accountants, # 18 Exhibit 18-Riverside Financial Group, # 19 Exhibit 19-E-Hounds, Inc., # 20 Exhibit 20-The RWJ Group, LLC, # 21 Exhibit 21-Yip Levi, # 22 Exhibit 22-Orrick, Herrington & Sutcliffe (Europe) LLP, # 23 Exhibit 23-Kirby Noonan Lance & Hoge LLP, # 24 Exhibit 24-Proposed Order)(Morello, Gianluca) |
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Filing 896
ORDER ATTACHED granting 895 Motion to Approve Settlement with Richard E. Russell, individually and as Trustee of the Richard E. Russell Revocable Living Trust, and associated with Case 8:10-cv-176-T-17MAP. Signed by Judge Richard A. Lazzara on 8/23/2012. (CCB)
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| Filing 895 MOTION to Approve Settlement re: Richard E. Russell, individually and as Trustee of the Richard E. Russell Revocable Living Trust by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael) |
| Filing 894 NOTICE of unavailability of counsel byWells Fargo Bank, N.A. from August 22, 2012 to September 3, 2012. (Shaheen, Louis) |
| Filing 893 NOTICE of unavailability of counsel byWells Fargo Bank, N.A. from August 21, 2012 to September 4, 2012. (Wirth, Steven) |
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Filing 892
ORDER granting 891 Unopposed Motion to approve sale of Yamaha Baby Grand Piano. Signed by Judge Richard A. Lazzara on 8/2/2012. (MSS)
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| Filing 891 Unopposed MOTION for miscellaneous relief, specifically to approve the sale of a Yamaha Baby Grand Piano by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Proposed Order)(Morello, Gianluca) |
| Filing 890 MEDIATION REPORT Hearing held on 07/19/2012 Hearing outcome: adjourned(Cohen, Jonathan) |
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Filing 889
ORDER ATTACHED granting 888 Motion to Approve Settlement. Signed by Judge Richard A. Lazzara on 7/19/2012. (CCB)
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| Filing 888 MOTION to Approve Settlement re: EFG Bank f/k/a EFG Private Bank SA and D&E Unit Trust Associates by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael) |
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Filing 887
ORDER ATTACHED granting 886 Motion for Clarification. Signed by Judge Richard A. Lazzara on 7/17/2012. (SKH)
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| Filing 886 MOTION for clarification re 884 Order on Motion for Miscellaneous Relief by Burton W. Wiand. (Attachments: # 1 Exhibit A - Proposed Order)(Morello, Gianluca) |
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Filing 885
ORDER ATTACHED granting 882 Motion to Approve Settlement between the Receiver and Geofco Holdings, Inc., Michael G. Edgecombe, and Barbara Edgecombe, in the amount of and within the time period provided for in the agreement. Signed by Judge Richard A. Lazzara on 7/12/2012. (SKH) Modified on 7/12/2012 (SKH).
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Filing 884
ENDORSED ORDER denying 871 Motion for relief from freeze of assets. Signed by Judge Richard A. Lazzara on 7/12/2012. (MSS)
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| Filing 883 Minute Entry. Proceedings held before Judge Richard A. Lazzara: Motion Hearing held on 7/12/2012 re 871 MOTION for miscellaneous relief, specifically of non-party Marguerite J. Nadel for relief from freeze on assets (oral hearing requested). Court Reporter: Claudia Spangler-Fry (MSS) |
| Filing 882 MOTION to Approve Settlement by Burton W. Wiand. (Attachments: # 1 Exhibit A - Settlement Agreement)(Lamont, Michael) |
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Filing 881
ORDER ATTACHED granting 880 Motion to Approve Settlement with Girls, Inc. of Sarasota County. Signed by Judge Richard A. Lazzara on 7/6/2012. (CCB)
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| Filing 880 MOTION to Approve Settlement by Burton W. Wiand. (Attachments: # 1 Exhibit Exhibit A - Settlement Agreement)(Lamont, Michael) |
| Filing 879 RESPONSE in opposition re 871 MOTION for miscellaneous relief, specifically of non-party Marguerite J. Nadel for relief from freeze on assets (oral hearing requested) Verified Opposition filed by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - G. Morello Declaration, # 2 Exhibit 2 - B. Wiand Declaration, # 3 Exhibit 3 - W. Price Declaration, # 4 Exhibit 4 - Indictment and Nadel's agreement to plead guilty)(Morello, Gianluca) |
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Filing 878
ORDER ATTACHED granting 877 Motion for Leave to Pay Arbitration Filing Fees Directly From Receivership Estate. Signed by Judge Richard A. Lazzara on 6/29/2012. (CCB)
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| Filing 877 Unopposed MOTION for miscellaneous relief, specifically to pay filing fees for arbitration proceedings directly from funds in the Receivership Estate by Burton W. Wiand. (Morello, Gianluca) |
| Filing 876 NOTICE of Hearing on 871 Motion for miscellaneous relief, specifically of non-party Marguerite J. Nadel for relief from freeze on assets. (Hearing on July 6th 873 cancelled and rescheduled.) Hearing SET for Thursday, July 12, 2012 at 09:45 AM in Tampa Courtroom 15 B before Judge Richard A. Lazzara. The Clerk is directed to send a copy of this notice to Marguerite Nadel.(CCB) |
| Filing 875 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Sandra K. Provenzano (SKP) |
| Filing 874 TRANSCRIPT of Motion Hearing held on 05/15/12 before Judge Richard A. Lazzara. Court Reporter/Transcriber Sandra K. Provenzano,Telephone number 813/301-5699. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 7/16/2012, Redacted Transcript Deadline set for 7/26/2012, Release of Transcript Restriction set for 9/24/2012. (SKP) |
| Filing 873 NOTICE of Hearing on Motion 871 for miscellaneous relief, specifically of non-party Marguerite J. Nadel, for relief from freeze on assets: Motion Hearing set for 7/6/2012 at 11:30 a.m. in Courtroom 15B before Judge Richard A. Lazzara. (SKH) |
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Filing 872
ORDER directing response and scheduling hearing on Marguerite Nadel's Motion for Relief from Freeze on Assets. The receiver shall file a response on or before 7/3/2012. Hearing scheduled 7/6/2012 at 11:30 a.m., before the undersigned, in Courtroom 15B. Signed by Judge Richard A. Lazzara on 6/22/2012. (SKH)
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| Filing 871 MOTION for miscellaneous relief, specifically of non-party Marguerite J. Nadel for relief from freeze on assets (oral hearing requested). (Attachments: # 1 Mailing Envelope)(LD) |
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Filing 870
ORDER appointing Howard A. Tescher as mediator in this action. Mediation Conference scheduled for July 19-20, 2012 at 9:30 a.m. each day. Said mediation shall not be cancelled/continued without leave of Court. Signed by Judge Richard A. Lazzara on 6/6/2012. (SKH)
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Filing 869
ORDER granting 868 Motion to extend time to complete mediation. Signed by Judge Richard A. Lazzara on 6/5/2012. (SKH)
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| Filing 868 Unopposed MOTION to extend time to complete mediation by Burton W. Wiand. (Attachments: # 1 Text of Proposed Order)(Cohen, Jonathan) |
| Filing 867 NOTICE of mediation conference/hearing to be held on July 19 and 20, 2012 at 9:30 A.M. before Howard A. Tescher. (Cohen, Jonathan) |
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Filing 866
ORDER ATTACHED directing parties to file notice of mediation within 7 days in accord with the attached order. Signed by Judge Richard A. Lazzara on 6/1/2012. (CCB)
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Filing 865
ORDER ATTACHED granting 864 Receiver's Motion to Approve Settlement with Benjamin Linstead. Signed by Judge Richard A. Lazzara on 6/1/2012. (CCB)
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| Filing 864 MOTION to Approve Settlement re: Benjamin Linstead by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael) |
| Filing 863 STATUS REPORT Receiver's Eleventh Interim Report (12/1/11 - 3/31/12) by Burton W. Wiand. (Attachments: # 1 Exhibit A - Standardized Fund Accounting Report, # 2 Exhibit B - Receivership Assets Sold or Otherwise Disposed, # 3 Exhibit C - Chris Moody's Assets)(Morello, Gianluca) |
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Filing 862
ORDER ATTACHED denying without prejudice for failure to comply with Local Rule 3.01(g) 861 Motion for Relief from Freeze on Assets. The movant and Receiver are directed to confer within 7 days. Signed by Judge Richard A. Lazzara on 5/24/2012. (CCB)
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Filing 860
ORDER granting 859 Unopposed Receiver's Eleventh Interim Motion for awarding fees, costs and reimbursement of costs to receiver and his professionals. Signed by Judge Richard A. Lazzara on 5/24/2012. (see order) (MSS)
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| Mail returned as Undeliverable re: 840 Order, 806 Order on Motion for Miscellaneous Relief. Mail NO LONGER TO BE RESENT to Arthur Nadel. (SAH) |
| Filing 861 MOTION for miscellaneous relief, specifically non-party for relief from freeze on assets by Marguerite J. Nadel. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Mailing Envelope)(SAH) |
| Filing 859 Unopposed MOTION for attorney fees Receiver's Eleventh Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs to Receiver and His Professionals by Burton W. Wiand. (Attachments: # 1 Exhibit 1-Standardized Fund Accounting Report, # 2 Exhibit 2-Receiver's Tenth Interim Report, # 3 Exhibit 3-Scoop Receivership-Representation of Scoop Receivership, # 4 Exhibit 4-Scoop Receivership-Recovery from Investors, # 5 Exhibit 5Scoop Receivership-Recovery of Assets from N. and C. Moody, # 6 Exhibit 6-Scoop Receivership-Recovery of Commissions, # 7 Exhibit 7-Categorization and Summary of All Costs Incurred by WGK, # 8 Exhibit 8-Attorney Fee Schedule, # 9 Exhibit 9-Scoop Legal Team-Scoop Capital, LLC Receivership, # 10 Exhibit 10-Fowler White Boggs, # 11 Exhibit 11-Scoop Legal Team-Recovery from Investors, # 12 Exhibit 12-Scoop Legal Team-Recovery of Assets from N. and C. Moody, # 13 Exhibit 13-Scoop Legal Team-Recovery of Commissions, # 14 Exhibit 14-Scoop Legal Team-Holland & Knight, # 15 Exhibit 15-PDR Certified Public Accountants, # 16 Exhibit 16-Riverside Financial Group, # 17 Exhibit 17-The RWJ Group, LLC, # 18 Exhibit 18-Orrick, # 19 Exhibit 19-Proposed Order)(Morello, Gianluca) |
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Filing 858
ORDER granting 857 Motion to approve first interim distribution and approval revisions to certain claim determinations. Signed by Judge Richard A. Lazzara on 5/17/2012. (see order) (MSS)
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| Filing 857 Supplemental MOTION for miscellaneous relief, specifically Unopposed Motion to Approve First Interim Distribution and Approve Revisions to Certain Claim Determinations by Burton W. Wiand. (Attachments: # 1 Exhibit A - Revised Distribution Schedule, # 2 Exhibit B - Proposed Order)(Morello, Gianluca) |
| Filing 856 NOTICE by LandMark Bank of Florida of Attorney Hoeck's Request to be Removed from Mailing Matrix (Hoeck, Kathryn) |
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Filing 855
ORDER ATTACHED denying 853 Emergency Motion for Reconsideration. Signed by Judge Richard A. Lazzara on 5/15/2012. (CCB)
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| Filing 854 Minute Entry. Proceedings held before Judge Richard A. Lazzara: Status Conference held on 5/15/2012. Court Reporter: Sandra K. Provenzano (MSS) |
| Mail returned as Undeliverable (Defendant deceased) re: 824 OrderOrder directing response to motion. Mail NO LONGER TO BE RESENT to Arthur Nadel. (BSN) |
| Filing 853 Emergency MOTION for reconsideration re 840 Order, 842 Order on Motion for Miscellaneous Relief (Limited Emergency Motion) by Wells Fargo Bank, N.A.. (Attachments: # 1 Exhibit A)(Wirth, Steven) |
| Filing 852 NOTICE of Hearing: Status Conference set for 5/15/2012 at 09:00 AM in Tampa Courtroom 15 B before Judge Richard A. Lazzara. (CCB) |
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Filing 851
ENDORSED ORDER: In view of the two Notices filed by the Receiver at dockets 843 and 850 with regard to the sale of the "Rite Aid Property," counsel for the Receiver and counsel for Wells Fargo are directed to appear before the Court for an expedited status conference on Tuesday, May 15, 2012, at 9:00 a.m. Signed by Judge Richard A. Lazzara on 5/14/2012. (CCB)
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| Filing 850 NOTICE by Burton W. Wiand re 843 Notice (Other)Notice (Other) Notice Of Additional Factual Development Regarding Sale Of Real Property Located In Graham, Alamance County, North Carolina (Cohen, Jonathan) |
| Filing 849 NOTICE canceling hearing scheduled for June 1, 2012. (CCB) |
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Filing 848
ENDORSED ORDER: The motion for referral of mediation at docket 845 is denied as moot. In view of the Court's order referring the parties to mediation, the hearing scheduled for Friday June 1, 2012, at 9:30 a.m. is cancelled. Signed by Judge Richard A. Lazzara on 5/14/2012. (CCB)
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Filing 847
ORDER granting 846 Amended Motion for referral to mediation. The Receiver and Wells Fargo are directed to select and agreed-upon mediator, date, time and location to occur withint 45 days. Parties are to appear at the mediation personally by counsel and corporate officers. The receiver is directed to notify the Court of the selected mediator, date, time and location of the medication. Signed by Judge Richard A. Lazzara on 5/14/2012. (see order) (MSS)
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| Filing 846 Amended MOTION for referral to mediation Receiver's Corrected And Unopposed Motion For Order Directing Mediation by Burton W. Wiand. (Attachments: # 1 Text of Proposed Order)(Cohen, Jonathan) |
| Filing 845 Unopposed MOTION for referral to mediation Receiver's Unopposed Motion For Order Directing Mediation by Burton W. Wiand. (Attachments: # 1 Text of Proposed Order)(Cohen, Jonathan) |
| Filing 844 NOTICE of Hearing on Motion for Leave to File Late Claims (Dkt. 740) set for 6/1/2012 at 09:30 AM in Tampa Courtroom 15 B before Judge Richard A. Lazzara. (CCB) |
| Filing 843 NOTICE by Burton W. Wiand re 840 Order, 842 Order on Motion for Miscellaneous Relief Notice Of Factual Development Regarding Sale Of Real Property Located In Graham, Alamance County, North Carolina (Attachments: # 1 Exhibit 1)(Cohen, Jonathan) |
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Filing 842
ORDER granting 823 Receiver's Verified Motion to Approve the Sale of Real Property Located in Graham, Alamance County, North Carolina. Signed by Judge Richard A. Lazzara on 5/8/2012. (SKH)
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Filing 841
ENDORSED ORDER denying as moot 719 Motion to Compel. Signed by Judge Richard A. Lazzara on 5/8/2012. (CCB)
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Filing 840
ORDER ATTACHED regarding the sale of the Graham, North Carolina (Rite-Aid) property referenced at docket 823. Signed by Judge Richard A. Lazzara on 5/8/2012. (CCB)
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| Mail returned as Undeliverable re: 822 Order on motion to disqualify. Mail not resent to Arthur Nadel, 820 suggestion of death. (SAH) |
| Mail returned as Undeliverable re: 819 Order on Motion for Miscellaneous Relief. Mail not resent to Arhur Nadel, 820 suggestion of death. (SAH) |
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Filing 839
ORDER granting 825 Unopposed Motion to approve first interim distribution, establish reserved and approve revision to certain claim determinations. Signed by Judge Richard A. Lazzara on 5/7/2012. (see order) (MSS)
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Filing 838
ORDER ATTACHED regarding approval of first interim distribution referenced at docket 825. Signed by Judge Richard A. Lazzara on 5/7/2012. (CCB)
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| Filing 837 NOTICE by Burton W. Wiand of Filing April 24, 2012, Order Entered in United States v. A. Nadel, Case No. 09-cr-433 (JGK) (S.D.N.Y.) (Attachments: # 1 Exhibit A - Order)(Morello, Gianluca) |
| Filing 836 RESPONSE re 831 Objection Receivers Reply To Limited Objection Of Wells Fargo Bank, N.A. In Opposition To ReceiversUnopposed Motion To (1) Approve First Interim Distribution, (2) Establish Reserves, And (3)Approve Revisions To Certain Claims Determinations filed by Burton W. Wiand. (Cohen, Jonathan) |
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Filing 835
ORDER granting 803 Motion to Approve Settlement regarding Shoreline Trading Group, LLC. Signed by Judge Richard A. Lazzara on 5/4/2012. (SKH)
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Filing 834
ENDORSED ORDER granting 833 Motion for Leave to File Reply to Wells Fargo Bank's Limited Objection at docket 831 on or before 5:00 p.m. today, May 4, 2012. Signed by Judge Richard A. Lazzara on 5/4/2012. (CCB)
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| Filing 833 MOTION for leave to file Reply Receivers Opposed Motion For Leave To Reply To Limited Objection Of Wells Fargo Bank, N.A.In Opposition To Receivers Unopposed Motion To (1) Approve First Interim Distribution, (2) Establish Reserves, And (3) Approve Revisions To Certain Claims Determinations by Burton W. Wiand. (Cohen, Jonathan) |
| Filing 832 MEMORANDUM in opposition re 823 Motion for miscellaneous relief filed by Wells Fargo Bank, N.A.. (Attachments: # 1 Exhibit A - Declaration of Carol Lomax Fortenberry, MAI, # 2 Exhibit B - Standard & Poors, Ratings for Rite Aid Corp.)(Wirth, Steven) |
| Filing 831 OBJECTION re 825 Unopposed MOTION for miscellaneous relief, specifically to (1) Approve First Interim Distribution, (2) Establish Reserves, and (3) Approve Revisions to Certain Claim DeterminationsUnopposed MOTION for miscellaneous relief, specifically to (1) Approve First Interim Distribution, (2) Establish Reserves, and (3) Approve Revisions to Certain Claim Determinations (LIMITED OBJECTION AND MEMORANDUM OF LAW) by Wells Fargo Bank, N.A. by Wells Fargo Bank, N.A.. (Wirth, Steven) |
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Filing 830
ORDER ATTACHED granting 829 Receiver's Motion to Approve Settlement with John V. Cloud and Catherine S. Cloud associated with Case No. 8:10-cv-165-17MAP. Signed by Judge Richard A. Lazzara on 5/1/2012. (CCB)
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| Filing 829 MOTION to Approve Settlement re: John V. Cloud and Catherine S. Cloud, as Co-Trustees of the Mary Anne Cloud Revocable Trust dtd 03/13/1987 by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael) |
| Filing 828 NOTICE by Burton W. Wiand of (1) Publication of Receiver's Court-Approved Notice of Sale and (2) That No Additional Offer to Purchase Real Property Located in Tazewell, TN Has Been Received (Morello, Gianluca) |
| Filing 827 NOTICE by General Electric Capital Corporation, VFS Financing, Inc. Notice of Request to be Removed from Mailing Matrix (Kasten, Arthur) |
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Filing 826
ENDORSED ORDER directing expedited response by Wells Fargo Bank, N.A. to 825 Unopposed Motion to (1) Approve First Interim Distribution, (2) Establish Reserves, and (3) Approve Revisions to Certain Claim Determinations. Response due on or before 5/2/2012. Signed by Judge Richard A. Lazzara on 4/27/2012. (CCB)
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| Filing 825 Unopposed MOTION for miscellaneous relief, specifically to (1) Approve First Interim Distribution, (2) Establish Reserves, and (3) Approve Revisions to Certain Claim Determinations by Burton W. Wiand. (Attachments: # 1 Exhibit A - Distribution Schedule, # 2 Exhibit B - Reserves, # 3 Exhibit C - Revisions to Certain Claim Determinations, # 4 Exhibit D - Proposed Order)(Morello, Gianluca) |
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Filing 824
ENDORSED ORDER directing expedited response by Wells Fargo Bank, N.A. to respond to 823 Receiver's Verified Renewed Motion To Approve The Sale Of Real Property Located In Graham, Alamance County, North Carolina. Response due on or before 5/2/2012. Signed by Judge Richard A. Lazzara on 4/27/2012. (CCB)
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| Filing 823 MOTION for miscellaneous relief, specifically To Approve The Sale Of Real Property Receivers Verified Renewed Motion To Approve The Sale Of Real Property Located In Graham, Alamance County, North Carolina by Burton W. Wiand. (Attachments: # 1 Exhibit 1 Proposed Order, # 2 Exhibit 2 Agreement of Sale and Purchase, # 3 Exhibit 3 CBRE Appraisal, # 4 Exhibit 4 Grubb & Ellis Appraisal, # 5 Exhibit 5 Fortenberry Appraisal, # 6 Exhibit 6 Publication - Notice of Sale, # 7 Exhibit 7 SEC v Mutual Benefits, # 8 Exhibit 8 Email July 22, 2009)(Cohen, Jonathan) |
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Filing 822
ORDER ATTACHED denying 766 Motion to Disqualify in all respects. Signed by Judge Richard A. Lazzara on 4/25/2012. (CCB)
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| Filing 821 NOTICE by William Gordon and Brian Gordon on SEC Receivership Action (Attachments: # 1 Mailing Envelope)(SAH) |
| Filing 820 SUGGESTION of Death of Defendant Arthur Nadel bySecurities and Exchange Commission. (Masel, Scott) |
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Filing 819
ORDER granting 817 Motion for Order Approving Sale of Property located in Raleigh, Wake County, North Carolina, to Tri-Arc Food Systems, Inc. Signed by Judge Richard A. Lazzara on 4/17/2012. (SKH)
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| Filing 818 RESPONSE in opposition re 766 MOTION to disqualify (I) Receiver, (II) Disqualify Wiand Guerra King, P.L. and (III) Disallow All Fees Payable to the Receiver and His Counsel MOTION to disqualify (I) Receiver, (II) Disqualify Wiand Guerra King, P.L. and (III) Disallow All Fees Payable to the Receiver and His Counsel The Receivers Corrected Response In Opposition to Motion To Disqualify Receiver filed by Burton W. Wiand. (Cohen, Jonathan) |
| Filing 817 Verified MOTION for miscellaneous relief, specifically for an order approving the sale of Property To Tri-Arc by Burton W. Wiand. (Attachments: # 1 Text of Proposed Order Exhibit 1, # 2 Exhibit 2)(Morello, Gianluca) |
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Filing 816
ORDER granting 813 Receiver's Unopposed Verified Motion for Approval of Agreement Regarding Repayment of Debt, Termination of Rights, and Repurchase of Securities Relating to Bond.com. Signed by Judge Richard A. Lazzara on 4/13/2012. (SKH)
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| Filing 815 NOTICE by Burton W. Wiand of Publication of Receiver's Court-Approved Notice of Settlement with Shoreline Trading Group, LLC (Morello, Gianluca) |
| Filing 814 DECLARATION of Burton W. Wiand, as Receiver re 813 Unopposed MOTION for miscellaneous relief, specifically for Approval of Agreement Regarding Repayment of Debt, Termination of Rights and Repurchase of Securities Relating to Bonds.com by Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Morello, Gianluca) |
| Filing 813 Unopposed MOTION for miscellaneous relief, specifically for Approval of Agreement Regarding Repayment of Debt, Termination of Rights and Repurchase of Securities Relating to Bonds.com by Burton W. Wiand. (Attachments: # 1 Exhibit A - Proposed Order, # 2 Exhibit B)(Morello, Gianluca) |
| Filing 812 NOTICE by Burton W. Wiand Notice Of Filing Appraisals Of Receivership Real Property Located In Graham, Alamance County, North Carolina (Attachments: # 1 Exhibit A - Jeffrey Skeahan Rite Aid Appraisal, # 2 Exhibit B - Roscoe Shiplett Rite Aid Appraisal)(Cohen, Jonathan) |
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Filing 811
ORDER granting 810 Motion for Approval of Sale of Real Property. Signed by Judge Richard A. Lazzara on 4/5/2012. (SKH)
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| Filing 810 MOTION for miscellaneous relief, specifically Unopposed Verified Motion for Approval of Sale of Real Property Located in Tazewell, TN by Burton W. Wiand. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Summary Appraisal Report, # 3 Exhibit Search Results, # 4 Exhibit Purchase Agreement, # 5 Exhibit Composite Exhibit, # 6 Exhibit Notice of Sale)(Morello, Gianluca) |
| Filing 809 NOTICE by Burton W. Wiand re 806 Order on Motion for Miscellaneous Relief - Notice of Receiver's Mailing of Court-Approved Notice of Settlement With Shoreline Trading Group, LLC (Morello, Gianluca) |
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Filing 808
ORDER ATTACHED granting 807 Receiver's Motion to Approve Settlement with the YMCA Foundation of Sarasota, Inc. Signed by Judge Richard A. Lazzara on 4/2/2012. (CCB)
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| Filing 807 Unopposed MOTION to Approve Settlement re: YMCA Foundation of Sarasota, Inc. by Burton W. Wiand. (Attachments: # 1 Exhibit A)(Morello, Gianluca) |
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Filing 806
ORDER ATTACHED granting 805 Motion to Approve Proposed Notice of Settlement. Signed by Judge Richard A. Lazzara on 3/30/2012. (CCB)
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| Filing 805 Unopposed MOTION for miscellaneous relief, specifically to approve proposed notice of settlement relating to Docket 803 by Burton W. Wiand. (Attachments: # 1 Exhibit A - Proposed Notice)(Morello, Gianluca) |
| Filing 804 DECLARATION of Burton W. Wiand re 803 Unopposed MOTION to Approve Settlement regarding Shoreline Trading Group, LLC ("Shoreline")Unopposed MOTION to Approve Settlement regarding Shoreline Trading Group, LLC ("Shoreline") by Burton W. Wiand. (Morello, Gianluca) |
| Filing 803 Unopposed MOTION to Approve Settlement regarding Shoreline Trading Group, LLC ("Shoreline") by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement, # 2 Exhibit B - CFTC v. Equity Fin. Grp., Rec's Memo of Law, # 3 Exhibit C - Proposed Order)(Morello, Gianluca) |
| Filing 802 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Sherrill L. Jackson (SJ) |
| Filing 801 TRANSCRIPT of Motion Hearing held on 3/2/12 before Judge Richard A. Lazzara. Court Reporter Sherrill L. Jackson, FPR, RPR,Telephone number 813/301-5041. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 4/10/2012, Redacted Transcript Deadline set for 4/20/2012, Release of Transcript Restriction set for 6/18/2012. (SJ) |
| Filing 800 RESPONSE re 798 Notice to the Courts to take judicial notice filed by Burton W. Wiand. (Cohen, Jonathan) |
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Filing 799
ENDORSED ORDER denying 794 Motion for leave to file Reply to Opposition of Receiver. Signed by Judge Richard A. Lazzara on 3/16/2012. (SKH)
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| Filing 798 NOTICE to the Courts to take judicial notice regarding actual docketed court filings characterized in the Receiver's Response in Opposition to Wells Fargo's Motion for Leave to Reply by Wells Fargo Bank, N.A.. (Attachments: # 1 Composite Exhibit A)(Wirth, Steven) |
| Filing 797 RESPONSE in opposition (AMENDED) to Wells Fargo Motion Docket No. 794 filed by Burton W. Wiand, Wiand Guerra King P.L.. (Cohen, Jonathan) |
| Filing 796 RESPONSE in opposition to Wells Fargo Bank's Motion for Leave to File Reply filed by Securities and Exchange Commission. (Masel, Scott) |
| Filing 795 RESPONSE in opposition to Wells Fargo Motion Docket No. 794 filed by Burton W. Wiand. (Cohen, Jonathan) |
| Filing 794 MOTION for leave to file (To File Reply To Opposition of Receiver, Wiand Guerra King, P.L. and The Securities and Exchange Commission to Motion of Wells Fargo Bank, N.A. (I) To Disqualify Receiver, (II) To Disqualify Wiand Guerra King, P.L. and (III) To Disallow All Fees Payable to the Receiver and His Counsel) by Wells Fargo Bank, N.A.. (Wirth, Steven) |
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Filing 793
ENDORSED ORDER granting 791 Motion for extension of time to file response. Signed by Judge Richard A. Lazzara on 3/15/2012. (SKH)
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| Filing 792 RESPONSE in opposition re 766 MOTION to disqualify (I) Receiver, (II) Disqualify Wiand Guerra King, P.L. and (III) Disallow All Fees Payable to the Receiver and His Counsel MOTION to disqualify (I) Receiver, (II) Disqualify Wiand Guerra King, P.L. and (III) Disallow All Fees Payable to the Receiver and His Counsel (Corrected Version) filed by Securities and Exchange Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Masel, Scott) |
| Filing 791 Unopposed MOTION for extension of time to file response/reply as to 790 Memorandum in opposition to Wells Fargo's Motion to Disqualify Receiver, Disqualify Wiand Guerra King, and Disallow All Fees for Receiver and His Counsel by Securities and Exchange Commission. (Masel, Scott) Motions referred to Magistrate Judge Thomas B. McCoun III. |
| Filing 790 MEMORANDUM in opposition re 766 Motion to disqualify Receiver and Wiand Guerra King filed by Securities and Exchange Commission. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Masel, Scott) |
| Filing 789 DECLARATION of George L. Guerra re 788 Memorandum in opposition by Wiand Guerra King P.L.. (McNamara, Patrick) |
| Filing 788 MEMORANDUM in opposition re 766 Motion to disqualify filed by Wiand Guerra King P.L.. (McNamara, Patrick) |
| Filing 787 DECLARATION of Burton W. Wiand re 786 Response in opposition to motion by Burton W. Wiand. (Cohen, Jonathan) |
| Filing 786 RESPONSE in opposition re 766 MOTION to disqualify (I) Receiver, (II) Disqualify Wiand Guerra King, P.L. and (III) Disallow All Fees Payable to the Receiver and His Counsel MOTION to disqualify (I) Receiver, (II) Disqualify Wiand Guerra King, P.L. and (III) Disallow All Fees Payable to the Receiver and His Counsel filed by Burton W. Wiand. (Attachments: # 1 Exhibit A Hearing Transcript March 2, 2012)(Cohen, Jonathan) |
| Filing 785 NOTICE by Burton W. Wiand that Receiver has Provided Notice of Approval of Receiver's Claims Determination Motion (Morello, Gianluca) |
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Filing 784
ORDER appointing additional appraisers for property located at 841 South Main Street, Graham, North Carolina. Signed by Judge Richard A. Lazzara on 3/9/2012. (SKH)
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| Filing 783 NOTICE by Wells Fargo Bank, N.A. of Submission of Appraiser (Wirth, Steven) |
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Filing 782
ORDER granting 780 Motion to Approve Public Sale of Unencumbered Real Property Located in Raleigh, Wake County, North Carolina. Signed by Judge Richard A. Lazzara on 3/8/2012. (SKH)
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| Filing 781 NOTICE by Burton W. Wiand re 775 Order on Motion for Miscellaneous ReliefOrder on motion to continue The Receivers Notice Of Selection Of Appraiser Pursuant To Court Order Dated March 2, 2012 (Smiljanich, Terry) |
| Filing 780 Unopposed MOTION for miscellaneous relief, specifically to Approve Public Sale of Unencumbered Real Property Located in Raleigh, Wake County, North Carolina by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Proposed Order, # 2 Exhibit 2 - Notice of Sale, # 3 Exhibit 3 - Engagement Letter)(Morello, Gianluca) |
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Filing 779
ENDORSED ORDER granting 778 Motion for extension of time to file response to Motion to Disqualify (I) Receiver, (II) Disqualify Wiand Guerra King, P.L. and (III) Disallow All Fees Payable to the Receiver and His Counsel. Deadline extended to 3/14/2012. Signed by Judge Richard A. Lazzara on 3/7/2012. (SKH)
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| Filing 778 Unopposed MOTION for extension of time to file response/reply as to 766 MOTION to disqualify (I) Receiver, (II) Disqualify Wiand Guerra King, P.L. and (III) Disallow All Fees Payable to the Receiver and His Counsel MOTION to disqualify (I) Receiver, (II) Disqualify Wiand Guerra King, P.L. and (III) Disallow All Fees Payable to the Receiver and His Counsel by Wiand Guerra King P.L., The Securities and Exchange Commission, and by Burton W. Wiand. (Morello, Gianluca) Motions referred to Magistrate Judge Thomas B. McCoun III. |
| Filing 777 NOTICE by Securities and Exchange Commission of Withdrawal of Government Counsel (Cream, Anita) |
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Filing 776
ORDER ATTACHED granting 675 Motion to Approve Determination and Priority of Claims, etc., as provided in the attached order. Ruling reserved on [719 & 740] Motion for Relief from Injunction and Motion regarding filing Proofs of Claim. Signed by Judge Richard A. Lazzara on 3/2/2012. (CCB)
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Filing 775
ORDER ATTACHED granting in part 739 Motion to Appoint Appraisers and directing filings on 3/9/2012, and denying 765 Motion to Continue Hearing. Responses to 766 Motion to Disqualify due on or before 3/9/2012. Signed by Judge Richard A. Lazzara on 3/2/2012. (CCB)
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| Filing 774 Minute Entry. Proceedings held before Judge Richard A. Lazzara: Motion Hearing held on 3/2/2012. Court Reporter: Sherrill L. Jackson (MSS) |
| Filing 773 RESPONSE re 733 Order filed by Securities and Exchange Commission. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Cream, Anita) |
| Filing 772 RESPONSE in opposition re 765 MOTION to continue Hearing Scheduled for March 2, 2012 on Pending Motions filed by Securities and Exchange Commission. (Masel, Scott) |
| Filing 771 NOTICE by Wells Fargo Bank, N.A. re 766 MOTION to disqualify (I) Receiver, (II) Disqualify Wiand Guerra King, P.L. and (III) Disallow All Fees Payable to the Receiver and His Counsel MOTION to disqualify (I) Receiver, (II) Disqualify Wiand Guerra King, P.L. and (III) Disallow All Fees Payable to the Receiver and His Counsel (Of Filing Replacement Exhibit E) (Attachments: # 1 Exhibit E)(Shaheen, Louis) |
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Filing 770
ENDORSED ORDER: The Court will hear oral argument on Wells Fargo's Motion to Continue on Friday, March 2, 2012, at 9:00 a.m. Signed by Judge Richard A. Lazzara on 3/1/2012. (CCB)
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| Filing 769 NOTICE by Securities and Exchange Commission (Attachments: # 1 Motion to Vacate, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Cream, Anita) |
| Filing 768 NOTICE by Burton W. Wiand re 757 Response Notice of Filing (Attachments: # 1 Governments Application for an Order Vacating the Preliminary Order of Forfeiture)(Cohen, Jonathan) |
| Filing 767 RESPONSE in opposition re 765 MOTION to continue Hearing Scheduled for March 2, 2012 on Pending Motions filed by Burton W. Wiand. (Smiljanich, Terry) |
| Filing 766 MOTION to disqualify (I) Receiver, (II) Disqualify Wiand Guerra King, P.L. and (III) Disallow All Fees Payable to the Receiver and His Counsel by Wells Fargo Bank, N.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Shaheen, Louis) |
| Filing 765 MOTION to continue Hearing Scheduled for March 2, 2012 on Pending Motions by Wells Fargo Bank, N.A.. (Shaheen, Louis) |
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Filing 764
ORDER granting 763 Motion to allow laptop computer. Signed by Judge Richard A. Lazzara on 2/29/2012. (SKH)
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| Filing 763 Unopposed MOTION to allow electronic equipment, specifically laptop computer for the hearing scheduled on March 2, 2012 at 9:00 a.m. by Burton W. Wiand. (Morello, Gianluca) |
| Filing 762 RESPONSE To Opposition to Late Claim Motion filed by Wells Fargo Bank, N.A.. (Wirth, Steven) |
| Filing 761 NOTICE by LandMark Bank of Florida of Intent to Rely on Briefs (Hoeck, Kathryn) |
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Filing 760
ENDORSED ORDER granting 759 Motion for Leave to File on or before Tuesday, February 28, 2012, at 5:00 p.m. Signed by Judge Richard A. Lazzara on 2/27/2012. (CCB)
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| Filing 759 Unopposed MOTION for leave to file To File Reply To Receiver's Opposition (Doc. No. 755) by Wells Fargo Bank, N.A.. (Wirth, Steven) |
| Filing 758 NOTICE of Limited Appearance by Megan Elizabeth Davis on behalf of Burton W. Wiand (Davis, Megan) |
| Filing 757 RESPONSE re 733 Order Receiver's Memorandum on Jurisdiction and Response to Wells Fargo Bank and Trste's Memorandum on Jurisdiction filed by Burton W. Wiand. (Cohen, Jonathan) |
| Filing 756 DECLARATION of of Jonathan Cohen in Support of the Receiver's Opposition to Motion of Wells Fargo Bank, N.A. (I) for Determination That the Filing of Proofs of Claim Herein Is Not Necessary to Preserve Secured Creditors' Valid State Law Security Interests In, and Claims Against, Collateral in the Receiver's Possession, or in the Alternative, (II) for Leave to File Late Claims re 755 Response in opposition to motion by Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Cohen, Jonathan) |
| Filing 755 RESPONSE in opposition to Motion of Wells Fargo Bank, N.A. (I) for Determination re Proofs of Claims filed by Burton W. Wiand. (Attachments: # 1 Exhibit A - Part 1 of 2, # 2 Exhibit A - Part 2 of 2)(Cohen, Jonathan) |
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Filing 754
ORDER ATTACHED granting 751 Receiver's Motion to Approve Settlement with Neil V. Moody in connection with 8:10-cv-249-T-17MAP. Signed by Judge Richard A. Lazzara on 2/23/2012. (CCB)
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| Filing 753 RESPONSE re 745 Response, 733 Order filed by Securities and Exchange Commission. (Masel, Scott) |
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Filing 752
ENDORSED ORDER granting 750 Motion to extend time to file memo. Deadline extended to 3/1/2012. Signed by Judge Richard A. Lazzara on 2/23/2012. (SKH)
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| Filing 751 MOTION to Approve Settlement by Burton W. Wiand. (Attachments: # 1 Exhibit 1)(Morello, Gianluca) |
| Filing 750 Unopposed MOTION to extend time to file Memorandum by Securities and Exchange Commission. (Cream, Anita) |
| Filing 749 NOTICE of Appearance by Anita M. Cream on behalf of Securities and Exchange Commission (Cream, Anita) |
| Filing 748 NOTICE of compliance re 741 Order and Counter-Submission of Appraisers by Wells Fargo Bank, N.A., Wells Fargo Bank, N.A. (Attachments: # 1 Exhibit Composite A)(Wirth, Steven) |
| Filing 747 NOTICE of compliance re 739 MOTION for miscellaneous relief, specifically to Appoint Appraisers Receivers Motion to Appoint AppraisersPursuant to 28 U.S.C. §2001 to Appraise Receivership Real Property In Graham, North Carolina, 741 Order Local Rule 3.01(G) Certification For Docket Entry #739 by Burton W. Wiand (Keefe, Sean) |
| Filing 746 LETTER to the Court dated 2/7/12from Diane Pezick (JLH) |
| Filing 745 RESPONSE re 733 Order filed by Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, N.A.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Barnett, Ana) |
| Filing 744 JUDGMENT per settlement agreement order at doc. 742. (Signed by Deputy Clerk) (JLH) |
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Filing 743
ORDER ATTACHED directing the Receiver to Respond to docket 740 on or before 2/23/2012. Signed by Judge Richard A. Lazzara on 2/10/2012. (CCB)
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Filing 742
ORDER ATTACHED granting 679 Receiver's Motion to Approve Settlement With Goldman Sachs Execution & Clearing, L.P. See written order for complete details. Clerk is directed to enter the order as a final judgment. Signed by Judge Richard A. Lazzara on 2/10/2012. (DMB)
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Filing 741
ORDER ATTACHED regarding obligations of attorneys with regard to motion to appoint appraisers at docket 739. Signed by Judge Richard A. Lazzara on 2/9/2012. (CCB)
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| Filing 740 MOTION for leave to file To File Late Claims (Wells Fargo Bank, N.A. (1) For Determination that the filing of Proofs of Claim Herein is not Necessary to Preserve Secured Creditors' Valid State Law Security Interests In, and Claims against, Collateral In the Receiver's Possession or, In the Alternative, (ii) For Leave to File Late Claims Pursuant to FRCP 60(b) by Wells Fargo Bank, N.A.. (Attachments: # 1 Exhibit Composite Exh. A, # 2 Exhibit Composite Exh. B, # 3 Exhibit Composite Exh. C, # 4 Exhibit Comosite Exh. D, # 5 Exhibit Exhibit E)(Wirth, Steven) |
| Filing 739 MOTION for miscellaneous relief, specifically to Appoint Appraisers pursuant to 28 U.S.C. §2001 to Appraise Receivership Real Property In Graham, North Carolina by Burton W. Wiand. (Attachments: # 1 Exhibit A - Qualifications of Thomas J. Skeahan, # 2 Exhibit B - Qualifications of Roscoe W. Shiplett, # 3 Exhibit C - Qualifications of Mark A. Morgan)(Keefe, Sean) |
| Filing 738 NOTICE of Limited Appearance by Sean P. Keefe on behalf of Burton W. Wiand (Keefe, Sean) |
| Filing 737 NOTICE of Limited Appearance by Jonathan Betten Cohen on behalf of Burton W. Wiand (Cohen, Jonathan) |
| Filing 736 NOTICE of Limited Appearance by Terry Alan Smiljanich on behalf of Burton W. Wiand (Smiljanich, Terry) |
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Filing 735
ORDER ATTACHED setting all objections to docket 675 for oral argument on March 2, 2012. Signed by Judge Richard A. Lazzara on 2/6/2012. (CCB)
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| Filing 734 NOTICE of Hearing on 675 Unopposed Motion for Miscellaneous Relief, specifically to (1) Approve Determination And Priority Of Claims, (2) Pool Receivership Assets And Liabilities, (3) Approve Plan Of Distribution, and (4) Establish Objection Procedure, set for 3/2/2012 at 9:00 AM in Tampa Courtroom 15 B before Judge Richard A. Lazzara. (CCB) |
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Filing 733
ORDER ATTACHED setting hearing on docket 675 and ordering briefing schedule. The Clerk is directed to serve copies of this order in accordance with the attached order. Signed by Judge Richard A. Lazzara on 2/3/2012. (CCB)
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| Filing 732 AFFIDAVIT of Burton W. Wiand re: 731 Reply to response to motion by Burton W. Wiand. (Morello, Gianluca) |
| Filing 731 REPLY to response to motion re 679 Unopposed MOTION to Approve Settlement regarding Goldman Sachs Execution & Clearing, L.P. ("GSEC")Unopposed MOTION to Approve Settlement regarding Goldman Sachs Execution & Clearing, L.P. ("GSEC") filed by Burton W. Wiand. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Morello, Gianluca) |
| Filing 730 NOTICE by Burton W. Wiand of Filing letter from the Receiver to the Court relating to matters between the Receivership in this case and Wells Fargo Bank, N.A. (Morello, Gianluca) |
| Filing 729 DECLARATION of Burton W. Wiand re 728 Response in opposition to motion by Burton W. Wiand. (Morello, Gianluca) |
| Filing 728 RESPONSE in opposition re 719 MOTION to compel (Receiver to Abandon The Property Located at 841 South Main Street, Graham, North Carolina) filed by Burton W. Wiand. (Attachments: # 1 Exhibit A)(Morello, Gianluca) |
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Filing 727
ENDORSED ORDER directing Receiver to file an expedited response to 719 Motion to Compel Receiver to Abandon The Property Located at 841 South Main Street, Graham, North Carolina)on or before 2/1/2012. Signed by Judge Richard A. Lazzara on 1/24/2012. (CCB)
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Filing 726
ORDER ATTACHED denying 706 Verified Motion to Approve the Sale of Real Property in Graham, Alamance County, North Carolina. Signed by Judge Richard A. Lazzara on 1/24/2012. (CCB)
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| Filing 725 NOTICE of compliance re 698 Order by Securities and Exchange Commission (Masel, Scott) |
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Filing 724
ENDORSED ORDER granting 723 Motion for Leave to File Reply. Signed by Judge Richard A. Lazzara on 1/23/2012. (CCB)
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| Filing 723 Unopposed MOTION for leave to file to respond to objections to motion to approve settlement (Doc. 679) with Goldman Sachs Execution & Clearing, L.P. by Burton W. Wiand. (Morello, Gianluca) |
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Filing 722
ENDORSED ORDER granting [720 & 721] Motions to Appear Pro Hac Vice. Signed by Judge Richard A. Lazzara on 1/23/2012. (CCB)
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| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Howard Schiffman appearing on behalf of Goldman Sachs Execution & Clearing, L.P. (Filing fee $10 receipt number TPA9312.) (JNB) |
| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Eric A. Bensky appearing on behalf of Goldman Sachs Execution & Clearing, L.P. (Filing fee $10 receipt number TPA9312.) (JNB) |
| Filing 721 MOTION for Eric A. Bensky to appear pro hac vice by Goldman Sachs Execution & Clearing, L.P.. (Weber, Janelle) |
| Filing 720 MOTION for Howard Schiffman to appear pro hac vice by Goldman Sachs Execution & Clearing, L.P.. (Weber, Janelle) |
| Filing 719 MOTION to compel (Receiver to Abandon The Property Located at 841 South Main Street, Graham, North Carolina) by Wells Fargo Bank, N.A., Wells Fargo Bank, N.A.. (Attachments: # 1 Exhibit Composite Exh. A)(Shaheen, Louis) |
| Filing 718 OBJECTION re 706 Verified MOTION for miscellaneous relief, specifically to Approve the Sale of Real Property Located In Graham, Alamance County, North Carolina by Wells Fargo Bank, N.A., Wells Fargo Bank, N.A. by Wells Fargo Bank, N.A., Wells Fargo Bank, N.A.. (Attachments: # 1 Exhibit A)(Shaheen, Louis) |
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Filing 717
ORDER granting 697 Motion for attorney fees. Signed by Judge Richard A. Lazzara on 1/18/2012. (see order for details) (MSS)
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| Filing 716 RESPONSE in opposition re 679 Unopposed MOTION to Approve Settlement regarding Goldman Sachs Execution & Clearing, L.P. ("GSEC")Unopposed MOTION to Approve Settlement regarding Goldman Sachs Execution & Clearing, L.P. ("GSEC") filed by Marty Huppert. (Hightower, John) |
| Filing 715 RESPONSE in opposition re 679 Unopposed MOTION to Approve Settlement regarding Goldman Sachs Execution & Clearing, L.P. ("GSEC")Unopposed MOTION to Approve Settlement regarding Goldman Sachs Execution & Clearing, L.P. ("GSEC") filed by Vernon M. Lee, Brian L. Meeker, Samuel Ross Morgan III. (Hightower, John) |
| Filing 714 REPLY to response to motion re 675 Unopposed MOTION for miscellaneous relief, specifically to (1) Approve Determination And Priority Of Claims, (2) Pool Receivership Assets And Liabilities, (3) Approve Plan Of Distribution, And (4) Establish Objection ProcedureUnopposed MOTION for miscellaneous relief, specifically to (1) Approve Determination And Priority Of Claims, (2) Pool Receivership Assets And Liabilities, (3) Approve Plan Of Distribution, And (4) Establish Objection ProcedureUnopposed MOTION for miscellaneous relief, specifically to (1) Approve Determination And Priority Of Claims, (2) Pool Receivership Assets And Liabilities, (3) Approve Plan Of Distribution, And (4) Establish Objection ProcedureUnopposed MOTION for miscellaneous relief, specifically to (1) Approve Determination And Priority Of Claims, (2) Pool Receivership Assets And Liabilities, (3) Approve Plan Of Distribution, And (4) Establish Objection Procedure Reply to Wells Fargo Bank, N.A.'s Objection to Receiver's Motion to Approve Determination and Priority of Claims (Doc. 689) filed by Burton W. Wiand. (Attachments: # 1 Exhibit A)(Morello, Gianluca) |
| Filing 713 DECLARATION of Gianluca Morello re 712 Reply to response to motion by Burton W. Wiand. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11 - Part 1 of 2, # 12 Exhibit 11 - Part 2 of 2, # 13 Exhibit 12, # 14 Exhibit 13)(Morello, Gianluca) |
| Filing 712 REPLY to response to motion re 675 Unopposed MOTION for miscellaneous relief, specifically to (1) Approve Determination And Priority Of Claims, (2) Pool Receivership Assets And Liabilities, (3) Approve Plan Of Distribution, And (4) Establish Objection ProcedureUnopposed MOTION for miscellaneous relief, specifically to (1) Approve Determination And Priority Of Claims, (2) Pool Receivership Assets And Liabilities, (3) Approve Plan Of Distribution, And (4) Establish Objection ProcedureUnopposed MOTION for miscellaneous relief, specifically to (1) Approve Determination And Priority Of Claims, (2) Pool Receivership Assets And Liabilities, (3) Approve Plan Of Distribution, And (4) Establish Objection ProcedureUnopposed MOTION for miscellaneous relief, specifically to (1) Approve Determination And Priority Of Claims, (2) Pool Receivership Assets And Liabilities, (3) Approve Plan Of Distribution, And (4) Establish Objection Procedure Reply to TRSTE, Inc.'s and Wells Fargo Bank, N.A.'s Objection and Opposition to Receiver's Motion to Approve Determination and Priority of Claims (Doc. 690) filed by Burton W. Wiand. (Morello, Gianluca) |
| Filing 711 OBJECTION re 679 Unopposed MOTION to Approve Settlement regarding Goldman Sachs Execution & Clearing, L.P. ("GSEC")Unopposed MOTION to Approve Settlement regarding Goldman Sachs Execution & Clearing, L.P. ("GSEC") by Tyna Gaylor. (JLH) |
| Filing 710 OBJECTION re 679 Unopposed MOTION to Approve Settlement regarding Goldman Sachs Execution & Clearing, L.P. ("GSEC")Unopposed MOTION to Approve Settlement regarding Goldman Sachs Execution & Clearing, L.P. ("GSEC") by Diane Pezick. (JLH) |
| Filing 709 OBJECTION re 679 Unopposed MOTION to Approve Settlement regarding Goldman Sachs Execution & Clearing, L.P. ("GSEC")Unopposed MOTION to Approve Settlement regarding Goldman Sachs Execution & Clearing, L.P. ("GSEC") by Kelvin V. Lee, Trustee, Nancy Lee Trust (JLH) |
| Filing 708 OBJECTION re 679 Unopposed MOTION to Approve Settlement regarding Goldman Sachs Execution & Clearing, L.P. ("GSEC")Unopposed MOTION to Approve Settlement regarding Goldman Sachs Execution & Clearing, L.P. ("GSEC") by Kelvin V. Lee. (JLH) |
| Filing 707 OBJECTION re 679 Unopposed MOTION to Approve Settlement regarding Goldman Sachs Execution & Clearing, L.P. ("GSEC")Unopposed MOTION to Approve Settlement regarding Goldman Sachs Execution & Clearing, L.P. ("GSEC") filed by Barbara Meeker. (JLH) |
| Filing 706 Verified MOTION for miscellaneous relief, specifically to Approve the Sale of Real Property Located In Graham, Alamance County, North Carolina by Burton W. Wiand. (Attachments: # 1 Exhibit 1-Proposed Order, # 2 Exhibit 2-Agreement of Sale of Purchase, # 3 Exhibit 3-SEC v. Mutual Benefits Corp. Order)(Morello, Gianluca) |
| Filing 705 NOTICE of Appearance by Carol A. Kalish on behalf of YMCA Foundation of Sarasota, Inc. (Kalish, Carol) |
| Filing 704 NOTICE of Appearance by Kevin Michael Eckhardt on behalf of Fulcrum Distressed Opportunities Fund I, LP (Eckhardt, Kevin) |
| Filing 703 NOTICE of compliance re 698 Order by Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, N.A. (Berkowitz, Julie) |
| Filing 702 NOTICE of compliance re 698 Order by Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, N.A. (Barnett, Ana) |
| Filing 701 NOTICE of Appearance by Julie Fishman Berkowitz on behalf of TRSTE, Inc. (Berkowitz, Julie) |
| Filing 700 NOTICE of Appearance by Julie Fishman Berkowitz on behalf of Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, N.A. (Berkowitz, Julie) |
| Filing 699 NOTICE by Burton W. Wiand of Publication of Receiver's Court-Approved Notice of Settlement with GSEC (Morello, Gianluca) |
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Filing 698
ENDORSED ORDER ENDORSED ORDER that pursuant to the USDC - Middle District of Florida's Administrative Procedures for Electronic Filing in Civil and Criminal Cases, Section I(A) "... all documents filed in civil and criminal cases in this District... shall be filed electronically." Therefore, it is ORDERED AND ADJUDGED that counsel of record in this case shall register for CM/ECF, enter an email address in their CM/ECF account, and electronically file a notice of compliance with this Court's Order within 30 days. Failure to comply with this Order as directed will result in counsel being terminated from the docket sheet without further notice. If counsel is an out of state attorney who needs to apply to be admitted pro hac vice in this case, the motion to appear pro hac vice and designation of local counsel (pursuant to Local Rule 2.02), the special admission form and appropriate fee shall be submitted to the Court before CM/ECF access will be granted. Signed by Judge Richard A. Lazzara on 1/3/2012. (DMB)
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| Filing 697 Unopposed MOTION for attorney fees Receiver's Unopposed Tenth Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs to Receiver and His Professionals by Burton W. Wiand. (Attachments: # 1 Exhibit 1-Standardized Fund Accounting Report, # 2 Exhibit 2-Receiver's Tenth Interim Report, # 3 Exhibit 3-Scoop Receivership-Rep of Scoop Receivership, # 4 Exhibit 4-Scoop Receivership-HFH v. B. Bishop, # 5 Exhibit 5-Scoop Receivership-Recovery from Investors, # 6 Exhibit 6-Scoop Receivership-Recovery of Assets from N. and C. Moody, # 7 Exhibit 7-Scoop Receivership-Holland & Knight, # 8 Exhibit 8-Categorization and Summary of WGK Costs, # 9 Exhibit 9-Attorney Fee Schedule, # 10 Exhibit 10-Scoop Legal Team-Scoop Capital, LLC Receivership, # 11 Exhibit 11-Fowler White, # 12 Exhibit 12-Scoop Legal Team-HFH v. B. Bishop, # 13 Exhibit 13-Scoop Legal Team-Carolina Mtn Land Conservancy, # 14 Exhibit 14-Scoop Legal Team-Recovery from Investors, # 15 Exhibit 15-Johnson, Pope, # 16 Exhibit 16-Scoop Legal Team-Recovery of Assets from N. and C. Moody, # 17 Exhibit 17-Scoop Legal Team-Recovery of Commissions, # 18 Exhibit 18-Scoop Legal Team-Holland & Knight, # 19 Exhibit 19-PDR, # 20 Exhibit 20-Riverside Financial Group, # 21 Exhibit 21-E-Hounds, Inc., # 22 Exhibit 22-RWJ Group, LLC, # 23 Exhibit 23-Wheeler, Fairman & Kelley, # 24 Exhibit 24-Leonard Starr, PC, # 25 Exhibit 25-Proposed Order)(Morello, Gianluca) |
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Filing 696
ORDER ATTACHED granting 691 Motion to Retain the James Hoyer law firm. Signed by Judge Richard A. Lazzara on 12/27/2011. (CCB)
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Filing 695
ENDORSED ORDER granting [693 & 694] Motion for Leave to File Reply on or before January 17, 2012. Signed by Judge Richard A. Lazzara on 12/27/2011. (CCB)
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| Filing 694 Unopposed MOTION for leave to file Reply To TRSTE, Inc.'s And Wells Fargo Bank, N.A.'s (As Successor To Wachovia Bank, N.A.) Objection Relating To Laurel Mountain, N.C., Property by Burton W. Wiand. (Morello, Gianluca) |
| Filing 693 Unopposed MOTION for leave to file Reply To Wells Fargo Bank, N.A.'s (as Successor To Wachovia Bank, N.A.) Objection Relating To Claim Relating To Loan On Graham, N.C. Building by Burton W. Wiand. (Morello, Gianluca) |
| Filing 692 RESPONSE re 677 Objection filed by LandMark Bank filed by Burton W. Wiand. (Morello, Gianluca) |
| Filing 691 Unopposed MOTION for miscellaneous relief, specifically for leave to retain the James Hoyer law firm to pursue claims against Wachovia Bank, N.A. n/k/a Wells Fargo Bank, N.A. by Burton W. Wiand. (Attachments: # 1 Exhibit A - Contingency Fee Agreement)(Morello, Gianluca) |