Securities and Exchange Commission v. Nadel et al Featured Case
Plaintiff: United States Securities and Exchange Commission
Defendant: Choice Direct Mail, Inc., 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, Viking Management, LLC, E. John Lopez, Carrelage Multi-Strategy Offshore Fund, Ltd., Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, N.A., Kelvin V. Lee, Marty Huppert, Anne Nadel-Walbridge, Carnegie Marketing Associates, Inc. and Branch Banking & Trust Co. Successor to Colonial Bank NA
Petitioner: R. Craig Harrison, Gary Musser, Earl Niemoth, Thomas J. Neff, Donald H. Rowe, Norton Hammersley Lopez & Skokos, IBERIABANK, Managed Capital, LLC, Marguerite J. Nadel, Richard T. Williams, Barbara Meeker, Diane Pezick, Tyna Gaylor, Quest Energy Management Group, Inc., Jeff Downey, Paul Downey, First National Bank of Albany/Breckenridge, United States Internal Revenue Service and Ruth Astisuk
Respondent: City of Venice, John Hatchett Carney and Byron W. Hatchett
Intervenor Plaintiff: Bruce Bell, Carri Bell, Beatrice Bienaime, Jean-Jacques Bienaime, Charles Daukas, Angela Daukas, Worth Helms, Harvey Hinrichs, Bettye Hinrichs, David Ingalls, Harold Johnson, Krista Toomre, Barrant Merrill, Adams Moore, Patrick Peavy, Donna Pickard, Louis Paolino, Ronald Rennick, Scott Shumway, Celt, Inc., Lineberger & Co., LLC and Robert Wilkes
Interpleader: Ty Hardin
Claimant: Elendow LLC
Intervenor: General Electric Capital Corporation, VFS Financing, Inc. and William F Bishop
Interested Party: LandMark Bank of Florida, Wells Fargo Bank, N.A., Fulcrum Distressed Opportunities Fund I, LP, YMCA Foundation of Sarasota, Inc., Vernon M. Lee, Brian L. Meeker, Samuel Ross Morgan, III, Goldman Sachs Execution & Clearing, L.P., Wiand Guerra King P.L., Emelie Zack, World Opportunity Fund, L.P., 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., Richard Formica, Marilynn Formica, Ami Marie Formica, Matthew Francis Formica, Kevin Francis Formica, Van Operating, Ltd., Chester Vincentz, Manon Sommers-Lee and Archer Petroleum
Not Classified By Court: Howard Tescher and TRSTE, Inc.
Receiver: Burton W. Wiand
Case Number: 8:2009cv00087
Filed: January 21, 2009
Court: US District Court for the Middle District of Florida
Office: Securities/Commodities Office
County: Sarasota
Presiding Judge: Virginia M Hernandez Covington
Referring Judge: Christopher P Tuite
Nature of Suit: Securities/Commodities
Cause of Action: U.S. Government Plaintiff
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 18, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 17, 2020 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)
January 8, 2020 Opinion or Order 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)
December 10, 2019 Opinion or Order 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)
December 10, 2019 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)
December 5, 2019 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)
November 26, 2019 Opinion or Order 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)
November 4, 2019 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)
November 4, 2019 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)
October 28, 2019 Opinion or Order 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)
October 25, 2019 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)
October 21, 2019 Opinion or Order 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)
October 4, 2019 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)
October 4, 2019 Opinion or Order 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)
October 3, 2019 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)
September 23, 2019 Opinion or Order 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)
September 20, 2019 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)
September 9, 2019 Opinion or Order 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)
August 29, 2019 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)
August 28, 2019 Opinion or Order 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)
August 21, 2019 Filing 1413 STATUS report Regarding Quest Energy Management Group, Inc. by Burton W. Wiand. (Perez, Jared)
August 16, 2019 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).
August 15, 2019 Opinion or Order 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)
August 15, 2019 Filing 1410 STATUS report in Response to Court's Order (DE 1408) by Securities and Exchange Commission. (Levenson, Robert)
August 15, 2019 Filing 1409 Unopposed MOTION for Extension of Time to File Receiver's Status Report by Burton W. Wiand. (Perez, Jared)
August 9, 2019 Opinion or Order 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)
August 9, 2019 Opinion or Order 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)
August 9, 2019 Opinion or Order 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)
August 8, 2019 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)
July 26, 2019 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)
July 24, 2019 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)
July 24, 2019 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)
May 30, 2019 Opinion or Order 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)
May 30, 2019 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)
April 30, 2019 Opinion or Order 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)
April 29, 2019 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)
April 29, 2019 Sealed Document S-1398. (BES)
April 25, 2019 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)
April 25, 2019 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)
April 22, 2019 Filing 1394 SATISFACTION of judgment re 1132 Judgment by Burton W. Wiand. (Perez, Jared)
April 12, 2019 Opinion or Order 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)
April 12, 2019 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)
April 3, 2019 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)
April 3, 2019 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)
April 3, 2019 Opinion or Order 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)
March 27, 2019 Opinion or Order 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)
March 26, 2019 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)
March 15, 2019 Filing 1386 NOTICE regarding claim by Ruth Astisuk (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(BES)
March 15, 2019 Opinion or Order 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)
March 15, 2019 Opinion or Order 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)
March 7, 2019 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)
February 12, 2019 Opinion or Order 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)
February 8, 2019 Opinion or Order Filing 1381 ORDER granting 1380 Unopposed Motion for Settlement Approval. Signed by Judge Virginia M. Hernandez Covington on 2/8/2019. (DLB)
February 7, 2019 Filing 1380 Unopposed MOTION for Settlement Approval by Burton W. Wiand. (Attachments: # 1 Exhibit A - Settlement Agreement Fully Executed)(Perez, Jared)
February 6, 2019 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.
December 17, 2018 Opinion or Order Filing 1378 ORDER granting 1377 Unopposed Motion for Attorney Fees. Signed by Judge Virginia M. Hernandez Covington on 12/17/2018. (DLB)
December 14, 2018 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)
December 11, 2018 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)
December 10, 2018 Opinion or Order 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)
December 7, 2018 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)
November 26, 2018 Filing 1373 STATUS report pursuant to Court's November 19, 2018 Order requiring status report (DE 1371) by Securities and Exchange Commission. (Levenson, Robert)
November 26, 2018 Filing 1372 STATUS report by Burton W. Wiand. (Perez, Jared)
November 19, 2018 Opinion or Order 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)
October 4, 2018 Opinion or Order 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)
October 4, 2018 Opinion or Order Filing 1369 ORDER granting 1366 Motion for Attorney Fees. Signed by Judge Virginia M. Hernandez Covington on 10/4/2018. (TWL)
October 2, 2018 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)
October 2, 2018 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)
October 2, 2018 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)
October 1, 2018 Opinion or Order 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)
October 1, 2018 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)
September 28, 2018 Opinion or Order Filing 1363 ORDER granting 1362 Motion to Seal. Signed by Judge Richard A. Lazzara on 9/28/2018. (CCB)
September 28, 2018 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)
August 21, 2018 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)
June 12, 2018 Opinion or Order 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).
June 11, 2018 Filing 1360 NOTICE/Letter received from Dolores Serdar. (Attachments: # 1 Mailing Envelope)(LSS)
April 3, 2018 Opinion or Order 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)
April 3, 2018 Filing 1357 Unopposed MOTION for Michael S. Lamont to withdraw as attorney by Burton W. Wiand. (Perez, Jared)
April 2, 2018 Opinion or Order 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)
March 30, 2018 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)
February 20, 2018 Opinion or Order 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)
February 6, 2018 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)
January 26, 2018 Filing 1352 RESPONSE re 1349 Reply to Response to Motion for Payment of Fees and Costs filed by Burton W. Wiand. (Sharp, Susan)
January 26, 2018 Filing 1351 RESPONSE re 1350 Reply to Response to Motion for Turnover of Rents filed by Burton W. Wiand. (Sharp, Susan)
January 12, 2018 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)
January 12, 2018 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)
December 29, 2017 Opinion or Order 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)
December 27, 2017 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)
December 27, 2017 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)
December 27, 2017 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)
December 27, 2017 Filing 1344 NOTICE of supplemental authority by Wells Fargo Bank, N.A.. (Attachments: # 1 Supplement Authority)(Wirth, Steven)
December 22, 2017 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)
December 22, 2017 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)
December 15, 2017 Opinion or Order 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)
December 14, 2017 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)
December 11, 2017 Opinion or Order 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)
December 11, 2017 Filing 1338 Unopposed MOTION for Sean P. Keefe to withdraw as attorney for the Receiver by Burton W. Wiand. (Keefe, Sean)
December 7, 2017 Filing 1337 NOTICE of Appearance by John L. Dicks, II on behalf of Wells Fargo Bank, N.A. (Dicks, John)
December 4, 2017 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)
December 4, 2017 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)
December 1, 2017 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)
December 1, 2017 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).
December 1, 2017 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)
November 17, 2017 Opinion or Order 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)
November 3, 2017 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)
November 1, 2017 Filing 1329 NOTICE cancelling hearing on Motion to Enforce Constructive Trust scheduled for 11/3/2017 at 10:00 a.m. (CCB)
November 1, 2017 Opinion or Order 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)
November 1, 2017 Opinion or Order 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)
October 30, 2017 Filing 1326 NOTICE of unavailability by Manon Sommers-Lee from 10/27/2017 to 11/6/2017. (LSS)
October 30, 2017 Filing 1325 NOTICE of unavailability by Vernon M. Lee from 10/27/2017 to 11/6/2017. (Attachments: # 1 Mailing Envelope)(LSS)
October 25, 2017 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)
October 25, 2017 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)
October 25, 2017 Opinion or Order 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).
October 25, 2017 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)
October 18, 2017 Opinion or Order 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)
October 16, 2017 Filing 1319 Remark: Letter addressed to Judge Lazzara, received from Vernon Lee. (Attachments: # 1 Mailing Envelope) (LSS)
October 6, 2017 Opinion or Order 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)
October 6, 2017 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)
October 4, 2017 Filing 1316 NOTICE of compliance re 1315 Order on Motion to Strike by Burton W. Wiand (Lamont, Michael)
October 4, 2017 Opinion or Order 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)
October 3, 2017 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).
October 3, 2017 Filing 1313 NOTICE of LIMITED Appearance by Benjamin G. Martin on behalf of Vernon M. Lee (Martin, Benjamin)
September 26, 2017 Filing 1312 NOTICE by Burton W. Wiand Notice of Receipt (Sharp, Susan) .
September 15, 2017 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)
September 15, 2017 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)
September 15, 2017 Opinion or Order 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)
August 31, 2017 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)
August 23, 2017 Filing 1307 NOTICE by Arthur Nadel Request to Stop Electronic Notifications (Foster, Todd)
August 23, 2017 Filing 1306 NOTICE by William F Bishop Request to Stop Electronic Notifications (Essenson, James)
August 23, 2017 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)
August 17, 2017 Opinion or Order 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)
August 15, 2017 Filing 1303 NOTICE by La Bellasara Condominium Association, Inc. to Stop Electronic Notification (Garcia, Martin)
August 15, 2017 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).
July 7, 2017 Opinion or Order 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)
July 6, 2017 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).
June 22, 2017 Opinion or Order 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)
June 21, 2017 Filing 1298 Unopposed MOTION for clarification re 1296 Order on Motion for Settlement, 1297 Order pdf by Burton W. Wiand. (Sharp, Susan)
June 21, 2017 Opinion or Order 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)
June 21, 2017 Opinion or Order Filing 1296 ORDER granting 1291 Unopposed Motion for Settlement with Wells Fargo. Signed by Judge Richard A. Lazzara on 6/21/2017. (SKH)
June 20, 2017 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)
June 14, 2017 Filing 1294 NOTICE of change of address by Sean P. Keefe (Keefe, Sean)
June 13, 2017 Opinion or Order 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)
June 12, 2017 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)
June 12, 2017 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)
June 1, 2017 Opinion or Order 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)
May 12, 2017 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)
May 9, 2017 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)
May 8, 2017 Filing 1288 BRIEF on the status of the Hatchett Lease filed by John Hatchett Carney. (KMM)
May 5, 2017 Filing 1287 BRIEF filed by Byron W. Hatchett. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Mailing Envelope)(KMM)
May 5, 2017 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)
May 5, 2017 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)
April 26, 2017 Opinion or Order 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)
April 26, 2017 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).
April 21, 2017 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)
April 13, 2017 Opinion or Order 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)
April 12, 2017 Filing 1280 MOTION for Extension of Time to File Supplemental Briefing Regarding Harchett Lease by Burton W. Wiand. (Maglich, Jordan)
April 12, 2017 Filing 1279 NOTICE of Appearance by Jordan D. Maglich on behalf of Burton W. Wiand (Maglich, Jordan)
April 11, 2017 Opinion or Order 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)
April 11, 2017 Filing 1277 Unopposed MOTION for Gianluca Morello to withdraw as attorney for Plaintiff-Receiver by Burton W. Wiand. (Lamont, Michael)
March 31, 2017 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)
March 31, 2017 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)
March 22, 2017 Filing 1274 Respondent's Exhibit List by John Hatchett Carney. (Attachments: Exhibit # 1 - Photograph of Pit.) (CAB)
March 22, 2017 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)
March 22, 2017 Opinion or Order 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)
March 21, 2017 Filing 1271 MOTION for leave to file suit for damages and declaratory relief against receiver by John Hatchett Carney. (KMM)
March 21, 2017 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)
March 21, 2017 Filing 1269 MOTION for leave to file suit for damages and declaratory relief against receiver by Byron W. Hatchett. (Attachments: # 1 Exhibit)(KMM)
March 21, 2017 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)
March 8, 2017 Opinion or Order 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)
March 8, 2017 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)
March 7, 2017 Filing 1265 NOTICE of compliance re 1263 Order directing response to motion by Burton W. Wiand (Morello, Gianluca)
March 6, 2017 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)
March 6, 2017 Opinion or Order 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)
March 3, 2017 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)
March 3, 2017 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)
February 22, 2017 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)
January 10, 2017 Opinion or Order 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)
January 9, 2017 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)
December 27, 2016 Opinion or Order 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)
December 26, 2016 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)
December 21, 2016 Opinion or Order 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)
December 21, 2016 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)
December 20, 2016 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)
October 24, 2016 Opinion or Order 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)
October 24, 2016 Filing 1251 NOTICE by General Electric Capital Corporation to Stop Electronic Notification (Kasten, Arthur)
October 19, 2016 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)
October 6, 2016 Opinion or Order 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)
September 27, 2016 Opinion or Order 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)
September 27, 2016 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)
September 26, 2016 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)
September 19, 2016 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).
September 9, 2016 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.
August 30, 2016 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)
July 19, 2016 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).
July 19, 2016 TRANSMITTAL to USCA forwarding 1 volume of pleadings re 1226 Notice of appeal USCA number: 16-10942-GG. (KMM)
June 17, 2016 Opinion or Order 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)
June 15, 2016 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)
April 14, 2016 Filing 1239 NOTICE by Van Operating, Ltd. of Substitution of Counsel (Lieb, Stephanie)
March 25, 2016 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)
March 25, 2016 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)
March 23, 2016 Filing 1236 NOTICE of compliance re 1235 Notice canceling hearing by Burton W. Wiand (Morello, Gianluca)
March 23, 2016 Opinion or Order 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)
March 23, 2016 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)
March 23, 2016 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).
March 23, 2016 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).
March 16, 2016 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)
March 16, 2016 Opinion or Order 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)
March 15, 2016 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).
March 4, 2016 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)
March 4, 2016 TRANSMITTAL to USCA forwarding copy of docket entry re: receipt for appeal filing fee re 1226 Notice of appeal USCA number: unknown. (KMM)
March 3, 2016 Filing 1227 TRANSCRIPT information form filed by Wells Fargo Bank, N.A. re 1226 Notice of appeal. (Wirth, Steven)
March 3, 2016 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)
March 3, 2016 USCA appeal fees received $ 505 receipt number tpa35272 re 1226 Notice of appeal filed by Wells Fargo Bank, N.A. (ARC)
March 2, 2016 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).
February 18, 2016 Opinion or Order 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)
February 18, 2016 Filing 1223 Pro-Se MOTION for miscellaneous relief, specifically to utilize CM/ECF by Paul Downey. (Attachment # 1 Mailing Envelope) (KMM)
February 2, 2016 Opinion or Order 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)
January 11, 2016 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)
January 8, 2016 Filing 1220 NOTICE of unavailability of counsel by Wells Fargo Bank, N.A. from January 22, 2016 to through January 29, 2016. (Wirth, Steven)
December 28, 2015 Opinion or Order 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)
December 28, 2015 Opinion or Order 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)
December 23, 2015 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)
December 23, 2015 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)
December 22, 2015 Filing 1215 NOTICE of unavailability of counsel by Wells Fargo Bank, N.A. from December 23, 2015 to January 7, 2016. (Wirth, Steven)
December 22, 2015 Filing 1214 NOTICE of unavailability of counsel by Wells Fargo Bank, N.A. from December 23, 2015 to January 7, 2016. (Shaheen, Louis)
December 15, 2015 Opinion or Order 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)
December 11, 2015 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)
December 11, 2015 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)
December 7, 2015 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)
December 7, 2015 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)
December 4, 2015 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)
November 6, 2015 Opinion or Order 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)
November 6, 2015 Filing 1206 Consent MOTION to Substitute Attorney by La Bellasara Condominium Association, Inc.. (Attachments: # 1 Exhibit)(Garcia, Martin)
November 6, 2015 Filing 1205 NOTICE of Appearance by Martin Garcia on behalf of La Bellasara Condominium Association, Inc. (Garcia, Martin)
October 1, 2015 Opinion or Order 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)
September 29, 2015 Opinion or Order 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)
September 28, 2015 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)
September 18, 2015 Opinion or Order 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)
September 16, 2015 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).
September 15, 2015 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)
September 14, 2015 Mail returned as Undeliverable re: 1185 Order on Motion for Settlement. Unable to forward mail to Donald Rowe. (KMM)
September 2, 2015 Opinion or Order 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)
September 2, 2015 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)
August 28, 2015 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).
August 28, 2015 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)
August 27, 2015 Opinion or Order Filing 1194 ORDER granting 1190 Motion to Overrule Objections to Claims. Signed by Judge Richard A. Lazzara on 8/27/2015. (SKH)
August 19, 2015 Opinion or Order 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)
August 12, 2015 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).
August 12, 2015 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)
August 12, 2015 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)
August 4, 2015 Opinion or Order 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)
August 4, 2015 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)
July 28, 2015 Opinion or Order 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)
July 28, 2015 Filing 1186 Unopposed MOTION for Settlement re: Branch Banking and Trust Company (BB&T) by Burton W. Wiand. (Attachments: # 1 Exhibit A)(Morello, Gianluca)
July 27, 2015 Opinion or Order 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)
July 27, 2015 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)
June 12, 2015 Opinion or Order 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)
June 12, 2015 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)
June 4, 2015 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)
June 3, 2015 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)
May 14, 2015 TRANSMITTAL to USCA forwarding Receipt for appeal filing fee re 1178 Notice of interlocutory appeal USCA number: unknown. (KMB)
May 13, 2015 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)
May 13, 2015 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)
May 12, 2015 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).
April 29, 2015 Opinion or Order 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)
April 15, 2015 Opinion or Order Filing 1176 ENDORSED ORDER denying as moot 1173 Motion for Order of Sale. Signed by Judge Richard A. Lazzara on 4/15/2015. (CCB)
April 15, 2015 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).
April 15, 2015 Opinion or Order Filing 1174 ORDER ATTACHED denying 1159 Motion for Release of Funds. Signed by Judge Richard A. Lazzara on 4/15/2015. (CCB)
April 14, 2015 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).
April 10, 2015 Opinion or Order 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)
April 9, 2015 Filing 1171 MOTION for Kevin M. Eckhardt to withdraw as attorney by Fulcrum Distressed Opportunities Fund I, LP. (Eckhardt, Kevin)
April 3, 2015 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)
April 2, 2015 Filing 1170 Remark correspondence as to Chester Vincentz (EJC)
March 30, 2015 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)
March 27, 2015 Opinion or Order Filing 1167 ORDER ATTACHED granting 1162 Motion for Leave to Appeal. Signed by Judge Richard A. Lazzara on 3/27/2015. (CCB)
March 25, 2015 Opinion or Order 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)
March 25, 2015 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)
March 23, 2015 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)
March 23, 2015 Filing 1163 RESPONSE in Opposition re 1159 MOTION for Release of Funds Turnover of Sale Proceeds filed by Burton W. Wiand. (Morello, Gianluca)
March 10, 2015 Filing 1162 Unopposed MOTION for leave to appeal by Burton W. Wiand. (Smiljanich, Terry)
March 5, 2015 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)
March 5, 2015 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)
March 5, 2015 Filing 1159 MOTION for Release of Funds Turnover of Sale Proceeds by Branch Banking & Trust Co. Successor to Colonial Bank NA. (Garbett, David)
February 13, 2015 Opinion or Order 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)
February 12, 2015 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)
January 9, 2015 Opinion or Order 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)
December 22, 2014 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)
December 17, 2014 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)
December 5, 2014 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)
December 3, 2014 Filing 1152 NOTICE to counsel of Local Rule 2.02 (signed by deputy clerk). (KMB)
November 18, 2014 Opinion or Order 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)
November 17, 2014 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).
November 12, 2014 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)
November 12, 2014 Opinion or Order 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)
November 12, 2014 Opinion or Order 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)
November 10, 2014 Filing 1146 MOTION for Gregory M. Wilkes to appear pro hac vice by Van Operating, Ltd.. (Colton, Roberta)
November 5, 2014 FEES paid by Van Operating, Ltd. (Filing fee $10.00 receipt number TPA26592) Balance due $Greg Wilkes (AG)
November 4, 2014 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).
October 28, 2014 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)
October 24, 2014 Opinion or Order 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)
October 22, 2014 Opinion or Order 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)
October 21, 2014 Filing 1141 MOTION for John A. Rine to withdraw as attorney by Jeff Downey, Paul Downey, Quest Energy Management Group, Inc.. (Rine, John)
October 1, 2014 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).
September 26, 2014 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)
September 25, 2014 Opinion or Order 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)
August 19, 2014 Opinion or Order 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)
August 15, 2014 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)
August 12, 2014 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)
July 28, 2014 Opinion or Order 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)
July 25, 2014 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)
July 21, 2014 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)
July 18, 2014 Opinion or Order 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)
July 16, 2014 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)
July 16, 2014 Opinion or Order Filing 1129 ORDER ATTACHED granting 1128 Motion for Permission to Prosecute Appeal. Signed by Judge Richard A. Lazzara on 7/16/2014. (CCB)
July 14, 2014 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)
July 11, 2014 Opinion or Order 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)
June 27, 2014 Filing 1126 NOTICE by Burton W. Wiand re 1125 Declaration Certificate of Service (Morello, Gianluca)
June 27, 2014 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)
June 25, 2014 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)
June 24, 2014 Opinion or Order 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)
June 23, 2014 Filing 1122 MOTION to Vacate 1121 Order on Motion for Miscellaneous Relief by Vernon M. Lee. (Attachments: # 1 Mailing Envelope)(BSN)
June 18, 2014 Opinion or Order 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)
June 4, 2014 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)
May 30, 2014 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)
May 30, 2014 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)
May 23, 2014 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)
May 15, 2014 Opinion or Order 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)
May 14, 2014 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)
April 24, 2014 Opinion or Order Filing 1114 ORDER granting 1113 Unopposed Motion to Approve Fourth Interim Distribution. Signed by Judge Richard A. Lazzara on 4/24/2014. (SKH)
April 10, 2014 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)
April 10, 2014 Opinion or Order 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)
April 9, 2014 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)
March 27, 2014 Opinion or Order 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)
March 13, 2014 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)
March 7, 2014 Opinion or Order 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)
March 7, 2014 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)
March 7, 2014 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)
February 4, 2014 Opinion or Order Filing 1105 ORDER ATTACHED granting to a limited extent 1101 Motion for Clarification. Signed by Judge Richard A. Lazzara on 2/4/2014. (CCB)
February 4, 2014 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)
February 4, 2014 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)
February 3, 2014 Opinion or Order Filing 1102 ORDER granting 1099 Receiver's Motion to Approve Settlement. Signed by Judge Richard A. Lazzara on 2/3/2014. (SKH)
January 28, 2014 Filing 1101 MOTION for clarification re 1100 Order on Motion for Miscellaneous Relief by United States Internal Revenue Service. (Harwell, Lacy)
January 15, 2014 Opinion or Order 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)
January 14, 2014 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)
January 2, 2014 Opinion or Order 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)
December 31, 2013 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)
December 31, 2013 Filing 1096 Unopposed MOTION for Ana T. Barnett, Esq. to withdraw as attorney by TRSTE, Inc., Wells Fargo Bank, N.A.. (Barnett, Ana)
December 26, 2013 Opinion or Order 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)
December 23, 2013 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)
December 17, 2013 Opinion or Order 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)
November 26, 2013 Opinion or Order 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)
November 26, 2013 Opinion or Order 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)
November 26, 2013 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)
November 26, 2013 Opinion or Order 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)
November 25, 2013 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)
November 22, 2013 Opinion or Order Filing 1087 ORDER granting 1085 Receiver's Motion to Approve Third Interim Distribution. Signed by Judge Richard A. Lazzara on 11/22/2013. (SKH)
November 14, 2013 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)
November 6, 2013 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)
November 4, 2013 Opinion or Order 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)
November 1, 2013 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)
October 25, 2013 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)
October 23, 2013 Opinion or Order 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)
October 23, 2013 Opinion or Order 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)
October 22, 2013 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)
October 22, 2013 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)
October 17, 2013 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)
October 15, 2013 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)
October 1, 2013 Opinion or Order 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)
September 30, 2013 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)
September 27, 2013 Opinion or Order Filing 1073 ORDER ATTACHED denying 1065 Motion to Intervene. Signed by Judge Richard A. Lazzara on 9/27/2013. (CCB)
September 25, 2013 Opinion or Order 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)
September 25, 2013 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)
September 23, 2013 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)
September 19, 2013 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)
September 17, 2013 Opinion or Order 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)
September 6, 2013 Opinion or Order 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)
September 5, 2013 Filing 1066 Unopposed MOTION for Settlement re: The Carrswold Partnership by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
September 5, 2013 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.
September 4, 2013 Opinion or Order 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)
September 4, 2013 Filing 1063 Minute Entry. Proceedings held before Judge Richard A. Lazzara: STATUS CONFERENCE held on 9/4/2013. Court Reporter: Sandra K. Provenzano (MSS)
September 3, 2013 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.
August 29, 2013 Opinion or Order Filing 1061 ORDER ATTACHED overruling objection to and affirming denial of Claim 445. Signed by Judge Richard A. Lazzara on 8/29/2013. (CCB)
August 28, 2013 Filing 1060 NOTICE of compliance re 1059 Order pdf by Burton W. Wiand (Morello, Gianluca)
August 28, 2013 Opinion or Order 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)
August 28, 2013 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)
August 28, 2013 Opinion or Order 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)
August 27, 2013 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)
August 27, 2013 Opinion or Order 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)
August 26, 2013 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)
August 23, 2013 Opinion or Order 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)
August 23, 2013 Filing 1052 Unopposed MOTION for clarification re 822 Order on Motion to Disqualify by Burton W. Wiand. (Morello, Gianluca)
August 20, 2013 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)
August 13, 2013 Opinion or Order Filing 1050 ORDER granting 1049 Motion to Approve Sale of 2009 BMW 535i. Signed by Judge Richard A. Lazzara on 8/13/2013. (SKH)
August 12, 2013 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)
July 31, 2013 Filing 1048 MEMORANDUM in support re 1034 Order on Motion for Miscellaneous Relief filed by Fulcrum Distressed Opportunities Fund I, LP. (Eckhardt, Kevin)
July 29, 2013 Opinion or Order 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)
July 26, 2013 Opinion or Order 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)
July 25, 2013 Filing 1045 MOTION for Settlement re: Walter Schwab, et al. by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
July 18, 2013 Opinion or Order 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)
July 18, 2013 Opinion or Order 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)
July 17, 2013 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)
July 16, 2013 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)
July 16, 2013 Opinion or Order 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)
July 15, 2013 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.
July 11, 2013 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)
July 9, 2013 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)
July 9, 2013 Opinion or Order 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)
July 9, 2013 Filing 1035 MOTION for Settlement re: Anne Nadel Walbridge by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca)
July 3, 2013 Opinion or Order 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)
July 2, 2013 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)
June 27, 2013 Opinion or Order 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)
June 26, 2013 Filing 1031 MOTION for Settlement re: The Carrswold Partnership - AAA Arbitration by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
June 20, 2013 Filing 1030 NOTICE of Appearance by Mark A. Platt on behalf of Van Operating, Ltd. (Platt, Mark)
June 20, 2013 Opinion or Order Filing 1029 ENDORSED ORDER granting 1028 Motion to Appear pro hac vice. Signed by Judge Richard A. Lazzara on 6/20/2013. (CCB)
June 20, 2013 USCA appeal fees received $ 455 receipt number tpa17990 re 1027 Notice of appeal filed by Quest Energy Management Group, Inc. (ARC)
June 20, 2013 TRANSMITTAL to USCA forwarding receipt #TPA-17990 re 1027 Notice of appeal (RFK)
June 19, 2013 ***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)
June 19, 2013 Filing 1028 MOTION for Mark A. Platt to appear pro hac vice by Van Operating, Ltd.. (Colton, Roberta)
June 14, 2013 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)
June 14, 2013 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)
June 5, 2013 Opinion or Order 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)
June 5, 2013 Filing 1025 MOTION for Settlement re: Ellen Schwab by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
May 24, 2013 Opinion or Order 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)
May 24, 2013 Opinion or Order Filing 1023 ENDORSED ORDER denying 1022 Motion for Leave to File Sur-reply. Signed by Judge Richard A. Lazzara on 5/24/2013. (CCB)
May 23, 2013 Filing 1022 MOTION for leave to file Sur-reply by Quest Energy Management Group, Inc.. (Rine, John)
May 22, 2013 Opinion or Order Filing 1021 ENDORSED ORDER granting 1020 Motion to Prosecute Limited Cross-Appeal. Signed by Judge Richard A. Lazzara on 5/22/2013. (CCB)
May 22, 2013 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)
May 14, 2013 Filing 1019 NOTICE of Appearance by John Austin Rine on behalf of Quest Energy Management Group, Inc. (Rine, John)
May 14, 2013 Opinion or Order Filing 1018 ORDER ATTACHED striking 1017 Motion to Extend Time to Retain Attorney. Signed by Judge Richard A. Lazzara on 5/14/2013. (CCB)
May 13, 2013 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).
May 8, 2013 Opinion or Order 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)
May 7, 2013 Opinion or Order 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)
May 7, 2013 Opinion or Order 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)
May 7, 2013 Filing 1013 MOTION for Settlement re: Edward Steinhauser and Diane Schwab by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
May 7, 2013 Filing 1012 MOTION for Settlement re: Dominique Schmidt and Caroline Schwab by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
May 6, 2013 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)
April 29, 2013 Opinion or Order 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)
April 29, 2013 Opinion or Order 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)
April 29, 2013 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)
April 26, 2013 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)
April 17, 2013 Filing 1006 NOTICE of Appearance by Robert K. Levenson on behalf of Securities and Exchange Commission (Levenson, Robert)
April 17, 2013 Opinion or Order 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)
April 17, 2013 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)
April 15, 2013 Filing 1003 MEMORANDUM in opposition re 993 Motion for Miscellaneous Relief filed by Quest Energy Management Group, Inc.. (Attachments: # 1 Exhibit A)(Yanes, Katherine)
April 12, 2013 Opinion or Order Filing 1002 ORDER ATTACHED denying 980 Motion to Modify. Signed by Judge Richard A. Lazzara on 4/12/2013. (CCB)
April 8, 2013 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)
April 4, 2013 Opinion or Order 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)
April 4, 2013 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)
April 4, 2013 Filing 998 NOTICE of Limited Appearance by Katherine Earle Yanes on behalf of Quest Energy Management Group, Inc. (Yanes, Katherine)
April 4, 2013 Filing 997 NOTICE of Limited Appearance by James E. Felman on behalf of Quest Energy Management Group, Inc. (Felman, James)
March 28, 2013 Opinion or Order 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)
March 26, 2013 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)
March 21, 2013 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)
March 21, 2013 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)
March 19, 2013 Opinion or Order 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)
March 18, 2013 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)
March 18, 2013 Filing 990 RESPONSE in Opposition re 980 MOTION to modify Order Disallowing Claim by Elendow LLC filed by Burton W. Wiand. (Morello, Gianluca)
March 15, 2013 Opinion or Order Filing 989 ORDER granting 988 Motion for Approval to Transfer Vehicles' Titles. Signed by Judge Richard A. Lazzara on 3/15/2013. (SKH)
March 15, 2013 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)
March 14, 2013 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)
March 11, 2013 Opinion or Order 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)
March 11, 2013 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)
March 7, 2013 Opinion or Order Filing 984 ORDER granting 983 Motion to Appoint Receiver.. Signed by Judge Richard A. Lazzara on 3/7/2013. (SKH)
March 6, 2013 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)
March 5, 2013 Opinion or Order 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)
March 4, 2013 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)
March 1, 2013 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)
February 28, 2013 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)
February 21, 2013 ***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)
February 21, 2013 ***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)
February 20, 2013 Opinion or Order Filing 978 ORDER ATTACHED regarding Order entered at docket 976. Signed by Judge Richard A. Lazzara on 2/20/2013. (CCB)
February 20, 2013 Filing 977 NOTICE cancelling Motion Hearing hearing scheduled for 2/21/2013 at 9:00 a.m. (SKH)
February 20, 2013 Opinion or Order 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)
February 19, 2013 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)
February 19, 2013 Opinion or Order 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)
February 19, 2013 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)
February 19, 2013 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)
February 15, 2013 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)
February 15, 2013 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)
February 15, 2013 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)
February 15, 2013 Opinion or Order 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)
February 14, 2013 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)
February 14, 2013 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)
February 8, 2013 Opinion or Order 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)
February 8, 2013 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)
February 5, 2013 Opinion or Order 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)
February 4, 2013 Opinion or Order 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)
February 4, 2013 Filing 961 MOTION for Settlement re: Henry M. Buhl by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca)
February 4, 2013 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)
January 31, 2013 Opinion or Order 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)
January 30, 2013 Filing 958 NOTICE by Securities and Exchange Commission of Voluntary Dismissal with Prejudice of its Disgorgement Claims Against Relief Defendants (Masel, Scott)
January 23, 2013 Opinion or Order 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)
January 22, 2013 Filing 956 MOTION for Settlement re: Steve Ellis by Burton W. Wiand. (Attachments: # 1 Exhibit 1 - Executed Settlement Agreement)(Morello, Gianluca)
January 17, 2013 Opinion or Order 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)
December 20, 2012 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)
December 19, 2012 Opinion or Order 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)
December 18, 2012 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)
December 14, 2012 Opinion or Order 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)
December 5, 2012 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)
November 30, 2012 Opinion or Order 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)
November 30, 2012 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)
November 28, 2012 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)
November 16, 2012 Opinion or Order 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)
November 14, 2012 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)
November 13, 2012 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)
November 13, 2012 Opinion or Order 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)
November 13, 2012 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)
November 13, 2012 Filing 941 NOTICE of Appearance by Matthew P. Farmer on behalf of Anne Nadel-Walbridge (Farmer, Matthew)
November 5, 2012 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)
November 1, 2012 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)
November 1, 2012 Opinion or Order 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)
October 31, 2012 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)
October 31, 2012 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)
October 29, 2012 Opinion or Order Filing 935 ORDER granting #934 Motion to Reappoint Receiver. Signed by Judge Richard A. Lazzara on 10/29/2012. (SKH)
October 29, 2012 Filing 934 Unopposed MOTION for miscellaneous relief, specifically Reappoint Receiver by Burton W. Wiand. (Attachments: #1 Exhibit A - Proposed Order)(Morello, Gianluca)
October 26, 2012 Opinion or Order 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).
October 26, 2012 Opinion or Order 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).
October 25, 2012 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)
October 25, 2012 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)
October 23, 2012 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)
October 23, 2012 Opinion or Order 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)
October 23, 2012 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)
October 8, 2012 Filing 926 NOTICE of Apperance Appearance by Paul B. Thanasides on behalf of Vernon M. Lee (Thanasides, Paul)
October 8, 2012 Filing 925 NOTICE of Appearance Appearance by Lorien Smith Johnson on behalf of Vernon M. Lee (Johnson, Lorien)
October 4, 2012 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)
October 2, 2012 Opinion or Order 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)
October 2, 2012 Opinion or Order 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)
October 2, 2012 Opinion or Order 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)
October 2, 2012 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)
October 1, 2012 Filing 919 OBJECTION re #898 MOTION to Approve Settlement with Holland & Knight LLP and Scott R. MacLeod. (Thanasides, Paul)
September 27, 2012 Opinion or Order 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)
September 27, 2012 Filing 917 MOTION to Approve Settlement re: Sarasota Opera Association, Inc. by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
September 21, 2012 Opinion or Order 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)
September 21, 2012 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)
September 13, 2012 Opinion or Order 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)
September 12, 2012 Filing 913 NOTICE of compliance re #907 Order directing response to motion by Burton W. Wiand (Morello, Gianluca)
September 12, 2012 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)
September 12, 2012 Opinion or Order 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)
September 11, 2012 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)
September 11, 2012 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)
September 10, 2012 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)
September 10, 2012 Opinion or Order 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)
September 7, 2012 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)
September 7, 2012 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)
September 7, 2012 Filing 904 MOTION for miscellaneous relief, specifically to Expand the Scope of Receivership to Include Respiro, Inc. by Burton W. Wiand. (Morello, Gianluca)
August 31, 2012 Opinion or Order 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)
August 31, 2012 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)
August 29, 2012 Opinion or Order Filing 901 ENDORSED ORDER granting #900 Motion to Approve Proposed Notice of Settlement. Signed by Judge Richard A. Lazzara on 8/29/2012. (CCB)
August 28, 2012 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)
August 28, 2012 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)
August 28, 2012 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)
August 28, 2012 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)
August 23, 2012 Opinion or Order 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)
August 23, 2012 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)
August 13, 2012 Filing 894 NOTICE of unavailability of counsel byWells Fargo Bank, N.A. from August 22, 2012 to September 3, 2012. (Shaheen, Louis)
August 13, 2012 Filing 893 NOTICE of unavailability of counsel byWells Fargo Bank, N.A. from August 21, 2012 to September 4, 2012. (Wirth, Steven)
August 2, 2012 Opinion or Order 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)
August 1, 2012 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)
July 20, 2012 Filing 890 MEDIATION REPORT Hearing held on 07/19/2012 Hearing outcome: adjourned(Cohen, Jonathan)
July 19, 2012 Opinion or Order Filing 889 ORDER ATTACHED granting #888 Motion to Approve Settlement. Signed by Judge Richard A. Lazzara on 7/19/2012. (CCB)
July 19, 2012 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)
July 17, 2012 Opinion or Order Filing 887 ORDER ATTACHED granting #886 Motion for Clarification. Signed by Judge Richard A. Lazzara on 7/17/2012. (SKH)
July 17, 2012 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)
July 12, 2012 Opinion or Order 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).
July 12, 2012 Opinion or Order Filing 884 ENDORSED ORDER denying #871 Motion for relief from freeze of assets. Signed by Judge Richard A. Lazzara on 7/12/2012. (MSS)
July 12, 2012 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)
July 12, 2012 Filing 882 MOTION to Approve Settlement by Burton W. Wiand. (Attachments: #1 Exhibit A - Settlement Agreement)(Lamont, Michael)
July 6, 2012 Opinion or Order 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)
July 5, 2012 Filing 880 MOTION to Approve Settlement by Burton W. Wiand. (Attachments: #1 Exhibit Exhibit A - Settlement Agreement)(Lamont, Michael)
July 3, 2012 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)
June 29, 2012 Opinion or Order 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)
June 29, 2012 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)
June 26, 2012 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)
June 25, 2012 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)
June 25, 2012 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)
June 22, 2012 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)
June 22, 2012 Opinion or Order 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)
June 21, 2012 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)
June 6, 2012 Opinion or Order 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)
June 5, 2012 Opinion or Order Filing 869 ORDER granting #868 Motion to extend time to complete mediation. Signed by Judge Richard A. Lazzara on 6/5/2012. (SKH)
June 5, 2012 Filing 868 Unopposed MOTION to extend time to complete mediation by Burton W. Wiand. (Attachments: #1 Text of Proposed Order)(Cohen, Jonathan)
June 5, 2012 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)
June 1, 2012 Opinion or Order 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)
June 1, 2012 Opinion or Order 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)
May 31, 2012 Filing 864 MOTION to Approve Settlement re: Benjamin Linstead by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
May 31, 2012 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)
May 24, 2012 Opinion or Order 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)
May 24, 2012 Opinion or Order 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)
May 22, 2012 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)
May 22, 2012 Mail returned as Undeliverable re: 840 Order, 806 Order on Motion for Miscellaneous Relief. Mail NO LONGER TO BE RESENT to Arthur Nadel. (SAH)
May 22, 2012 Mail returned as Undeliverable re: #840 Order, #806 Order on Motion for Miscellaneous Relief. Mail NO LONGER TO BE RESENT to Arthur Nadel. (SAH)
May 18, 2012 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)
May 17, 2012 Opinion or Order 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)
May 15, 2012 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)
May 15, 2012 Filing 856 NOTICE by LandMark Bank of Florida of Attorney Hoeck's Request to be Removed from Mailing Matrix (Hoeck, Kathryn)
May 15, 2012 Opinion or Order Filing 855 ORDER ATTACHED denying #853 Emergency Motion for Reconsideration. Signed by Judge Richard A. Lazzara on 5/15/2012. (CCB)
May 15, 2012 Filing 854 Minute Entry. Proceedings held before Judge Richard A. Lazzara: Status Conference held on 5/15/2012. Court Reporter: Sandra K. Provenzano (MSS)
May 14, 2012 Mail returned as Undeliverable (Defendant deceased) re: 824 OrderOrder directing response to motion. Mail NO LONGER TO BE RESENT to Arthur Nadel. (BSN)
May 14, 2012 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)
May 14, 2012 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)
May 14, 2012 Opinion or Order 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)
May 14, 2012 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)
May 14, 2012 Filing 849 NOTICE canceling hearing scheduled for June 1, 2012. (CCB)
May 14, 2012 Opinion or Order 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)
May 14, 2012 Opinion or Order 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)
May 14, 2012 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)
May 14, 2012 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)
May 14, 2012 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)
May 11, 2012 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)
May 8, 2012 Opinion or Order 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)
May 8, 2012 Opinion or Order Filing 841 ENDORSED ORDER denying as moot #719 Motion to Compel. Signed by Judge Richard A. Lazzara on 5/8/2012. (CCB)
May 8, 2012 Opinion or Order 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)
May 7, 2012 Mail returned as Undeliverable re: 819 Order on Motion for Miscellaneous Relief. Mail not resent to Arhur Nadel, 820 suggestion of death. (SAH)
May 7, 2012 Mail returned as Undeliverable re: 822 Order on motion to disqualify. Mail not resent to Arthur Nadel, 820 suggestion of death. (SAH)
May 7, 2012 Mail returned as Undeliverable re: #822 Order on motion to disqualify. Mail not resent to Arthur Nadel, #820 suggestion of death. (SAH)
May 7, 2012 Mail returned as Undeliverable re: #819 Order on Motion for Miscellaneous Relief. Mail not resent to Arhur Nadel, #820 suggestion of death. (SAH)
May 7, 2012 Opinion or Order 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)
May 7, 2012 Opinion or Order 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)
May 4, 2012 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)
May 4, 2012 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)
May 4, 2012 Opinion or Order 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)
May 4, 2012 Opinion or Order 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)
May 4, 2012 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)
May 2, 2012 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)
May 2, 2012 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)
May 1, 2012 Opinion or Order 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)
May 1, 2012 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)
April 30, 2012 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)
April 30, 2012 Filing 827 NOTICE by General Electric Capital Corporation, VFS Financing, Inc. Notice of Request to be Removed from Mailing Matrix (Kasten, Arthur)
April 27, 2012 Opinion or Order 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)
April 27, 2012 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)
April 27, 2012 Opinion or Order 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)
April 26, 2012 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)
April 25, 2012 Opinion or Order Filing 822 ORDER ATTACHED denying #766 Motion to Disqualify in all respects. Signed by Judge Richard A. Lazzara on 4/25/2012. (CCB)
April 19, 2012 Filing 821 NOTICE by William Gordon and Brian Gordon on SEC Receivership Action (Attachments: #1 Mailing Envelope)(SAH)
April 19, 2012 Filing 820 SUGGESTION of Death of Defendant Arthur Nadel bySecurities and Exchange Commission. (Masel, Scott)
April 17, 2012 Opinion or Order 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)
April 17, 2012 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)
April 16, 2012 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)
April 13, 2012 Opinion or Order 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)
April 11, 2012 Filing 815 NOTICE by Burton W. Wiand of Publication of Receiver's Court-Approved Notice of Settlement with Shoreline Trading Group, LLC (Morello, Gianluca)
April 10, 2012 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)
April 10, 2012 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)
April 10, 2012 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)
April 5, 2012 Opinion or Order Filing 811 ORDER granting #810 Motion for Approval of Sale of Real Property. Signed by Judge Richard A. Lazzara on 4/5/2012. (SKH)
April 4, 2012 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)
April 3, 2012 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)
April 2, 2012 Opinion or Order 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)
March 30, 2012 Filing 807 Unopposed MOTION to Approve Settlement re: YMCA Foundation of Sarasota, Inc. by Burton W. Wiand. (Attachments: #1 Exhibit A)(Morello, Gianluca)
March 30, 2012 Opinion or Order Filing 806 ORDER ATTACHED granting #805 Motion to Approve Proposed Notice of Settlement. Signed by Judge Richard A. Lazzara on 3/30/2012. (CCB)
March 29, 2012 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)
March 29, 2012 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)
March 29, 2012 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)
March 20, 2012 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)
March 20, 2012 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)
March 16, 2012 Filing 800 RESPONSE re #798 Notice to the Courts to take judicial notice filed by Burton W. Wiand. (Cohen, Jonathan)
March 16, 2012 Opinion or Order 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)
March 15, 2012 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)
March 15, 2012 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)
March 15, 2012 Filing 796 RESPONSE in opposition to Wells Fargo Bank's Motion for Leave to File Reply filed by Securities and Exchange Commission. (Masel, Scott)
March 15, 2012 Filing 795 RESPONSE in opposition to Wells Fargo Motion Docket No. 794 filed by Burton W. Wiand. (Cohen, Jonathan)
March 15, 2012 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)
March 15, 2012 Opinion or Order 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)
March 15, 2012 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)
March 15, 2012 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.
March 15, 2012 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)
March 14, 2012 Filing 789 DECLARATION of George L. Guerra re #788 Memorandum in opposition by Wiand Guerra King P.L.. (McNamara, Patrick)
March 14, 2012 Filing 788 MEMORANDUM in opposition re #766 Motion to disqualify filed by Wiand Guerra King P.L.. (McNamara, Patrick)
March 14, 2012 Filing 787 DECLARATION of Burton W. Wiand re #786 Response in opposition to motion by Burton W. Wiand. (Cohen, Jonathan)
March 14, 2012 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)
March 9, 2012 Filing 785 NOTICE by Burton W. Wiand that Receiver has Provided Notice of Approval of Receiver's Claims Determination Motion (Morello, Gianluca)
March 9, 2012 Opinion or Order 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)
March 8, 2012 Filing 783 NOTICE by Wells Fargo Bank, N.A. of Submission of Appraiser (Wirth, Steven)
March 8, 2012 Opinion or Order 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)
March 8, 2012 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)
March 7, 2012 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)
March 7, 2012 Opinion or Order 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)
March 7, 2012 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.
March 2, 2012 Filing 777 NOTICE by Securities and Exchange Commission of Withdrawal of Government Counsel (Cream, Anita)
March 2, 2012 Opinion or Order 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)
March 2, 2012 Opinion or Order 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)
March 2, 2012 Filing 774 Minute Entry. Proceedings held before Judge Richard A. Lazzara: Motion Hearing held on 3/2/2012. Court Reporter: Sherrill L. Jackson (MSS)
March 1, 2012 Filing 773 RESPONSE re #733 Order filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Cream, Anita)
March 1, 2012 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)
March 1, 2012 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)
March 1, 2012 Opinion or Order 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)
March 1, 2012 Filing 769 NOTICE by Securities and Exchange Commission (Attachments: #1 Motion to Vacate, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Cream, Anita)
March 1, 2012 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)
March 1, 2012 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)
February 29, 2012 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)
February 29, 2012 Filing 765 MOTION to continue Hearing Scheduled for March 2, 2012 on Pending Motions by Wells Fargo Bank, N.A.. (Shaheen, Louis)
February 29, 2012 Opinion or Order Filing 764 ORDER granting #763 Motion to allow laptop computer. Signed by Judge Richard A. Lazzara on 2/29/2012. (SKH)
February 28, 2012 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)
February 28, 2012 Filing 762 RESPONSE To Opposition to Late Claim Motion filed by Wells Fargo Bank, N.A.. (Wirth, Steven)
February 28, 2012 Filing 761 NOTICE by LandMark Bank of Florida of Intent to Rely on Briefs (Hoeck, Kathryn)
February 27, 2012 Opinion or Order 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)
February 27, 2012 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)
February 24, 2012 Filing 758 NOTICE of Limited Appearance by Megan Elizabeth Davis on behalf of Burton W. Wiand (Davis, Megan)
February 23, 2012 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)
February 23, 2012 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)
February 23, 2012 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)
February 23, 2012 Opinion or Order 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)
February 23, 2012 Filing 753 RESPONSE re #745 Response, #733 Order filed by Securities and Exchange Commission. (Masel, Scott)
February 23, 2012 Opinion or Order 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)
February 22, 2012 Filing 751 MOTION to Approve Settlement by Burton W. Wiand. (Attachments: #1 Exhibit 1)(Morello, Gianluca)
February 22, 2012 Filing 750 Unopposed MOTION to extend time to file Memorandum by Securities and Exchange Commission. (Cream, Anita)
February 22, 2012 Filing 749 NOTICE of Appearance by Anita M. Cream on behalf of Securities and Exchange Commission (Cream, Anita)
February 14, 2012 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)
February 14, 2012 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)
February 13, 2012 Filing 746 LETTER to the Court dated 2/7/12from Diane Pezick (JLH)
February 13, 2012 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)
February 13, 2012 Filing 744 JUDGMENT per settlement agreement order at doc. 742. (Signed by Deputy Clerk) (JLH)
February 10, 2012 Opinion or Order 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)
February 10, 2012 Opinion or Order 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)
February 9, 2012 Opinion or Order 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)
February 8, 2012 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)
February 8, 2012 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)
February 7, 2012 Filing 738 NOTICE of Limited Appearance by Sean P. Keefe on behalf of Burton W. Wiand (Keefe, Sean)
February 7, 2012 Filing 737 NOTICE of Limited Appearance by Jonathan Betten Cohen on behalf of Burton W. Wiand (Cohen, Jonathan)
February 6, 2012 Filing 736 NOTICE of Limited Appearance by Terry Alan Smiljanich on behalf of Burton W. Wiand (Smiljanich, Terry)
February 6, 2012 Opinion or Order 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)
February 3, 2012 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)
February 3, 2012 Opinion or Order 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)
February 2, 2012 Filing 732 AFFIDAVIT of Burton W. Wiand re: #731 Reply to response to motion by Burton W. Wiand. (Morello, Gianluca)
February 2, 2012 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)
February 2, 2012 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)
February 1, 2012 Filing 729 DECLARATION of Burton W. Wiand re #728 Response in opposition to motion by Burton W. Wiand. (Morello, Gianluca)
February 1, 2012 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)
January 24, 2012 Opinion or Order 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)
January 24, 2012 Opinion or Order 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)
January 23, 2012 Filing 725 NOTICE of compliance re 698 Order by Securities and Exchange Commission (Masel, Scott)
January 23, 2012 Opinion or Order Filing 724 ENDORSED ORDER granting #723 Motion for Leave to File Reply. Signed by Judge Richard A. Lazzara on 1/23/2012. (CCB)
January 23, 2012 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)
January 23, 2012 Opinion or Order Filing 722 ENDORSED ORDER granting [720 & 721] Motions to Appear Pro Hac Vice. Signed by Judge Richard A. Lazzara on 1/23/2012. (CCB)
January 20, 2012 ***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)
January 20, 2012 ***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)
January 20, 2012 ***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)
January 20, 2012 ***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)
January 20, 2012 Filing 721 MOTION for Eric A. Bensky to appear pro hac vice by Goldman Sachs Execution & Clearing, L.P.. (Weber, Janelle)
January 20, 2012 Filing 720 MOTION for Howard Schiffman to appear pro hac vice by Goldman Sachs Execution & Clearing, L.P.. (Weber, Janelle)
January 19, 2012 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)
January 19, 2012 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)
January 18, 2012 Opinion or Order Filing 717 ORDER granting #697 Motion for attorney fees. Signed by Judge Richard A. Lazzara on 1/18/2012. (see order for details) (MSS)
January 18, 2012 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)
January 17, 2012 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)
January 17, 2012 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)
January 17, 2012 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)
January 17, 2012 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)
January 17, 2012 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)
January 17, 2012 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)
January 17, 2012 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)
January 17, 2012 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)
January 9, 2012 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)
January 6, 2012 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)
January 5, 2012 Filing 705 NOTICE of Appearance by Carol A. Kalish on behalf of YMCA Foundation of Sarasota, Inc. (Kalish, Carol)
January 5, 2012 Filing 704 NOTICE of Appearance by Kevin Michael Eckhardt on behalf of Fulcrum Distressed Opportunities Fund I, LP (Eckhardt, Kevin)
January 5, 2012 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)
January 4, 2012 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)
January 4, 2012 Filing 701 NOTICE of Appearance by Julie Fishman Berkowitz on behalf of TRSTE, Inc. (Berkowitz, Julie)
January 4, 2012 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)
January 3, 2012 Filing 699 NOTICE by Burton W. Wiand of Publication of Receiver's Court-Approved Notice of Settlement with GSEC (Morello, Gianluca)
January 3, 2012 Opinion or Order 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)
December 28, 2011 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)
December 27, 2011 Opinion or Order 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)
December 27, 2011 Opinion or Order 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)
December 23, 2011 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)
December 23, 2011 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)
December 22, 2011 Filing 692 RESPONSE re #677 Objection filed by LandMark Bank filed by Burton W. Wiand. (Morello, Gianluca)
December 22, 2011 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)
December 21, 2011 Filing 690 RESPONSE in opposition 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 Objection and Opposition to Receiver's Motion to Approve Determination and Priority of Claims and Supporting Memorandum of Law filed by TRSTE, Inc., Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, N.A.. (Attachments: #1 Exhibit Declaration of TRSTE, Inc. records custodian, #2 Exhibit Receiver's February 6, 2009 letter, #3 Exhibit Declaration of Mayda Nahhas, #4 Exhibit SDNY Preliminary Order of Forfeiture/Final Order of Forfeiture, #5 Exhibit SDNY Indictment, #6 Exhibit Declaration of W. Samuel Woodard, Esq.)(Barnett, Ana)
December 21, 2011 Filing 689 OBJECTION 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 (Objection and Memorandum of Law) by Wells Fargo Bank, N.A. by Wells Fargo Bank, N.A.. (Wirth, Steven)
December 21, 2011 Filing 688 NOTICE of Appearance by Ana T. Barnett on behalf of TRSTE, Inc. (Barnett, Ana)
December 20, 2011 Filing 687 NOTICE of Appearance by Ana T. Barnett on behalf of Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, N.A. (Barnett, Ana)
December 16, 2011 Filing 686 NOTICE by Burton W. Wiand Of Mailing Court-Approved Notice Of Settlement With GSEC (Morello, Gianluca)
December 15, 2011 Filing 685 STATUS REPORT Receiver's Tenth Interim Report (5/1/11 - 11/30/11) by Burton W. Wiand. (Attachments: #1 Exhibit A-Standardized Fund Accounting Report (5/1/11 to 8/31/11), #2 Exhibit B-Standardized Fund Accounting Report (9/1/11-11/30/11), #3 Exhibit C-C. Moody's Assets)(Morello, Gianluca)
December 15, 2011 Opinion or Order Filing 684 ENDORSED ORDER granting #683 Motion for Leave to File Response to Landmark Bank's Objection within seven (7) days. Signed by Judge Richard A. Lazzara on 12/15/2011. (CCB)
December 15, 2011 Filing 683 Unopposed MOTION for leave to file to Respond to LandMark Bank's Objection to Proposed Objection Procedure by Burton W. Wiand. (Morello, Gianluca)
December 14, 2011 Opinion or Order Filing 682 ENDORSED ORDER granting #681 Motion to Approve Proposed Notice of Settlement. The proposed Notice to Investors and Others attached as Exhibit A to the motion, the procedures outlined in the exhibit and motion, and the proposed Short Form Notice are hereby approved, and the Receiver may provide notice accordingly. Signed by Judge Richard A. Lazzara on 12/14/2011. (CCB)
December 14, 2011 Filing 681 Unopposed MOTION for miscellaneous relief, specifically to approve proposed notice of settlement relating to Docket 679 by Burton W. Wiand. (Attachments: #1 Exhibit A - Proposed Notice)(Morello, Gianluca)
December 14, 2011 Filing 680 AFFIDAVIT of Burton W. Wiand 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 Burton W. Wiand. (Morello, Gianluca)
December 14, 2011 Filing 679 Unopposed MOTION to Approve Settlement regarding Goldman Sachs Execution & Clearing, L.P. ("GSEC") 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)
December 13, 2011 Filing 678 NOTICE by Burton W. Wiand 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 Of Mailing Letters To Claimants Providing Notice Of Motion And Other Claims Information (Morello, Gianluca)
December 13, 2011 Filing 677 OBJECTION 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. (Hoeck, Kathryn)
December 9, 2011 Filing 676 NOTICE by Burton W. Wiand 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 of Filing Amended Exhibits B & I (Attachments: #1 Exhibit Doc. 675 - Amended Exhibit B, #2 Exhibit 675 - Amended Exhibit I)(Morello, Gianluca)
December 8, 2011 Sealed document S-4. (BSN)
December 7, 2011 Filing 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 by Burton W. Wiand. (Attachments: #1 Exhibit A - Blank Proof of Claim Form, #2 Exhibit B - Investor Claims - Allowed, #3 Exhibit C - Tax Lien Claims - Allowed, #4 Exhibit D - Investor Claims - Allowed In Part, #5 Exhibit E - Non-Investor Secured Claims - Allowed In Part, #6 Exhibit F -Non-Investor Unsecured Claims - Allowed And Allowed In Part, #7 Exhibit G - Investor Claims - Denied, #8 Exhibit H - Secured and Unsecured Non-Investor Claims - Denied, #9 Exhibit I - Investor Claims - Waived, #10 Exhibit J - Non-Investor Claims - Waived, #11 Exhibit K - SEC v. Mutual Benefits Corp. Order 10-23-08, #12 Exhibit L - Proposed Order)(Morello, Gianluca)
November 30, 2011 Opinion or Order Filing 674 ENDORSED ORDER granting #673 Motion to Seal Documents. Signed by Judge Richard A. Lazzara on 11/30/2011. (CCB)
November 30, 2011 Filing 673 Unopposed MOTION to Seal Document specifically, to seal document containing identity of claimants by Burton W. Wiand. (Morello, Gianluca)
November 22, 2011 Opinion or Order Filing 672 ORDER ATTACHED granting #671 Receiver's Motion for Permission to Appeal. Signed by Judge Richard A. Lazzara on 11/22/2011. (CCB)
November 22, 2011 Filing 671 Second MOTION for miscellaneous relief, specifically for Permission to Appeal by Burton W. Wiand. (Attachments: #1 Exhibit A - Munson Order (206), #2 Exhibit B - Munson Family Ptrs Order (221), #3 Exhibit C - Wang Order (112), #4 Exhibit D - Rec's Obj to Pizzo's R&R)(Morello, Gianluca)
November 21, 2011 Filing 670 NOTICE by Securities and Exchange Commission of No Objection to the Receiver Taking an Appeal of the September 29, 2011 Arbitration Order (Masel, Scott)
October 31, 2011 Opinion or Order Filing 669 ORDER ATTACHED granting #668 Motion for Permission to Appeal. Signed by Judge Richard A. Lazzara on 10/31/2011. (SKH)
October 31, 2011 Filing 668 MOTION for miscellaneous relief, specifically for Permission to Appeal by Burton W. Wiand. (Attachments: #1 Exhibit A-Order Adopting Report and Recommendation, #2 Exhibit B-Case List, #3 Exhibit C-Receiver's Objections to Magistrate Judge's Report and Recommendation)(Morello, Gianluca)
October 26, 2011 Filing 667 Minute Entry. Proceedings held before Judge Richard A. Lazzara: Status Conference held on 10/26/2011. Court Reporter: Claudia Spangler-Fry (MSS)
October 24, 2011 Filing 666 NOTICE of Status Conference set for 10/26/2011 at 10:00 AM in Tampa Courtroom 15 B before Judge Richard A. Lazzara. Counsel for the SEC may appear telephonically. (CCB)
October 20, 2011 Opinion or Order Filing 665 ENDORSED ORDER granting #664 Motion for Leave to File Excess Pages. Signed by Judge Richard A. Lazzara on 10/20/2011. (CCB)
October 20, 2011 Filing 664 Unopposed MOTION for leave to file excess pages in connection with the Claims Determination Motion by Burton W. Wiand. (Morello, Gianluca)
October 18, 2011 Opinion or Order Filing 663 ORDER ATTACHED granting #662 Receiver's Second Motion to Approve Settlement with Steven Settlage associated with Case No. 8:10-cv-136-T-17MAP. Signed by Judge Richard A. Lazzara on 10/18/2011. (CCB)
October 18, 2011 Filing 662 Second MOTION to Approve Settlement re: Steven Settlage by Burton W. Wiand. (Attachments: #1 Exhibit A - Amended Settlement Agreement)(Lamont, Michael)
October 18, 2011 Opinion or Order Filing 661 ORDER ATTACHED granting #660 Receiver's Motion to Approve Settlement with Barbara Davis associated with Case No. 8:10-cv-2152-T-17MAP. Signed by Judge Richard A. Lazzara on 10/18/2011. (CCB)
October 18, 2011 Filing 660 MOTION to Approve Settlement re: Barbara Davis et al. by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
October 6, 2011 Opinion or Order Filing 659 ORDER ATTACHED granting #658 Receiver's Motion to Approve Settlement with Steven Settlage and associated with Case No. 8:10-cv-136-T-17MAP. Signed by Judge Richard A. Lazzara on 10/6/2011. (CCB)
October 5, 2011 Filing 658 MOTION to Approve Settlement re: Steven Settlage by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
September 23, 2011 Opinion or Order Filing 657 ORDER granting #652 Unopposed Receiver's Ninth Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs to Receiver and his Professionals. Signed by Judge Richard A. Lazzara on 9/23/2011. (SKH)
September 22, 2011 Opinion or Order Filing 656 ORDER ATTACHED granting #655 Receiver's Motion to Approve Settlement with Jewish Family and Children's Service of Sarasota-Manatee, Inc. Signed by Judge Richard A. Lazzara on 9/22/2011. (CCB)
September 22, 2011 Filing 655 MOTION to Approve Settlement re: Jewish Family and Children's Service of Sarasota-Manatee, Inc. by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca)
September 21, 2011 Opinion or Order Filing 654 ORDER ATTACHED granting #653 Receiver's Motion to Approve Settlement with EFG Bank and associated with Case No. 8:10-cv-242-T-17MAP. Signed by Judge Richard A. Lazzara on 9/21/2011. (CCB)
September 21, 2011 Filing 653 MOTION to Approve Settlement re: EFG Bank and John or Jane Doe by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
September 14, 2011 Filing 652 Unopposed MOTION for attorney fees Receiver's Unopposed Ninth 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 9th Interim Report, #3 Exhibit 3-Scoop Receivership-Rep of Scoop Receivership, #4 Exhibit 4-Scoop Receivership-Carolina Mtn Land Conservancy, #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-Recovery of Commissions, #8 Exhibit 8-Scoop Receivership-Holland & Knight, #9 Exhibit 9-Categorization and Summary of WGK Costs, #10 Exhibit 10-Attorney Fee Schedule, #11 Exhibit 11-Scoop Legal Team-Scoop Capital, LLC Receivership, #12 Exhibit 12-Fowler White, #13 Exhibit 13-Scoop Legal Team-HFH v. B. Bishop, #14 Exhibit 14-Scoop Legal Team-Carolina Mtn Land Conservancy, #15 Exhibit 15-Scoop Legal Team-Recovery from Investors, #16 Exhibit 16-Johnson, Pope, #17 Exhibit 17-Scoop Legal Team-Recovery of Assets from N. and C. Moody, #18 Exhibit 18-Scoop Legal Team-Recovery of Commissions, #19 Exhibit 19-Scoop Legal Team-Holland & Knight, #20 Exhibit 20-PDR, #21 Exhibit 21-E-Hounds, #22 Exhibit 22-The RWJ Group, LLC, #23 Exhibit 23-Cheney, Brock & Saudek, P.C., #24 Exhibit 24-Goosmann Rose Colvard & Cramer, P.A., #25 Exhibit 25-Proposed Order)(Morello, Gianluca)
September 6, 2011 Opinion or Order Filing 651 ORDER granting #650 Unopposed Verified Motion for approval of sale of real property located in Lorain County, Ohio. Signed by Judge Richard A. Lazzara on 9/6/2011. (MSS)
September 2, 2011 Filing 650 Unopposed MOTION for miscellaneous relief, specifically to Approve Sale of Real Property Located in Lorain County, Ohio by Burton W. Wiand. (Attachments: #1 Exhibit 1 - Proposed Order, #2 Exhibit 2 - Quit-Claim Deed, #3 Exhibit 3 - Purchase and Sale Agreement)(Morello, Gianluca)
August 12, 2011 Opinion or Order Filing 649 ORDER ATTACHED granting #648 Receiver's Motion to Approve Settlement with Betty Bry Schwab, Roger Schwab, Mayfair Associates, Inc. et al., associated with case nos. 8:10-cv-179-T-17MAP and 8:10-cv-226-T-17MAP. Signed by Judge Richard A. Lazzara on 8/12/2011. (CCB)
August 12, 2011 Filing 648 MOTION to Approve Settlement re: Mayfair Associates (179) and Betty Bry Schwab, as Trustee of the Betty Bry Schwab Revocable Trust (226) by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca)
July 21, 2011 Filing 647 STATUS REPORT Receiver's Ninth Interim Report (1/1/11 - 4/30/11) by Burton W. Wiand. (Attachments: #1 Exhibit A - Standardized Fund Accounting Report, #2 Exhibit B - C. Moody's Assets)(Morello, Gianluca)
July 8, 2011 Opinion or Order Filing 646 ORDER ATTACHED granting #645 Unopposed Receiver's Eighth Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs to Receiver and His Professionals. Signed by Judge Richard A. Lazzara on 7/8/2011. (SKH)
June 30, 2011 Filing 645 Unopposed MOTION for attorney fees Receiver's Unopposed Eighth Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs to Receiver and His Professionals 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, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30)(Morello, Gianluca)
June 20, 2011 Opinion or Order Filing 644 ORDER ATTACHED granting Receiver's Motion to Approve Settlement #643. The Court approves the written settlement agreement attached to the motion entered into between the Receiver and Renee G. Sheade, as Trustee of the Martin D. Sheade, M.D. Trust (Case No: 8:10-cv-215-T-17MAP). Signed by Judge Richard A. Lazzara on 6/20/2011. (SKH)
June 20, 2011 Filing 643 MOTION to Approve Settlement re: Renee G. Sheade, as Trustee of the Martin D. Sheade, M.D. Trust by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
June 13, 2011 Opinion or Order Filing 642 ORDER ATTACHED granting #641 Receiver's Motion to Approve Settlement with David H. Boshart associated with Case No. 8:10-cv-74-T-17MAP. Signed by Judge Richard A. Lazzara on 6/13/2011. (CCB)
June 13, 2011 Filing 641 MOTION to Approve Settlement re: David H. Boshart by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
June 10, 2011 Opinion or Order Filing 640 ORDER ATTACHED granting #639 Receiver's Motion to Approve Settlement with Wells Fargo Securities International Ltd. and Carrelage Multi-Strategy Offshore Fund, Ltd. associated with Case No. 8:10-cv-243-T-17MAP. Signed by Judge Richard A. Lazzara on 6/10/2011. (CCB)
June 9, 2011 Filing 639 MOTION to Approve Settlement re: Wells Fargo Securities International, Ltd. f/k/a Wachovia Securities International, Ltd. and Carrelage Multi-Strategy Offshore Fund, Ltd. by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
June 9, 2011 Opinion or Order Filing 638 ORDER ATTACHED granting #637 Receiver's Motion to Approve Settlement with Bradford Black associated with Case No. 8:10-cv-77-T-17MAP. Signed by Judge Richard A. Lazzara on 6/9/2011. (CCB)
June 8, 2011 Filing 637 MOTION to Approve Settlement re: Bradford Black by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
June 3, 2011 Opinion or Order Filing 636 ORDER ATTACHED granting #635 Receiver's Motion to Approve Settlement with John Grier Construction Co. and Joseph S. Terrell, et al., associated with Case Nos. 8:10-cv-111-T-17MAP and 8:10-cv-238-T-17MAP. Signed by Judge Richard A. Lazzara on 6/3/2011. (CCB)
June 3, 2011 Filing 635 MOTION to Approve Settlement re: John Grier Construction Co. and Joseph S. Terrell, Jr., et al. by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca)
May 26, 2011 Opinion or Order Filing 634 ORDER ATTACHED granting #632 Receiver's Motion to Approve Settlement with Lee and Donald Douglas. Signed by Judge Richard A. Lazzara on 5/26/2011. (CCB)
May 26, 2011 Opinion or Order Filing 633 ORDER granting #631 Receiver's Unopposed Motion convey certain business assets and real property. Signed by Judge Richard A. Lazzara on 5/26/2011. (see order) (MSS)
May 25, 2011 Filing 632 MOTION to Approve Settlement re: Lee and Donald Douglas by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
May 25, 2011 Filing 631 Unopposed MOTION for miscellaneous relief, specifically to Convey Certain Business Assets and Real Property Located at 599 Lime Avenue, Sarasota, Florida 34237 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, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Morello, Gianluca)
May 18, 2011 Opinion or Order Filing 630 ORDER granting #629 Unopposed Verified Motion for approval of sale of real property located on North Jefferson Avenue in Sarasota County, Florida. Signed by Judge Richard A. Lazzara on 5/18/2011. (MSS)
May 18, 2011 Filing 629 Unopposed MOTION for miscellaneous relief, specifically for Approval of Sale of Real Property Located on North Jefferson Avenue in Sarasota County, Florida by Burton W. Wiand. (Attachments: #1 Exhibit 1 - Proposed Order, #2 Exhibit 2 - Agreement)(Morello, Gianluca)
May 4, 2011 Opinion or Order Filing 628 ORDER ATTACHED granting #627 Receiver's Motion to Approve Settlement with Sam Richter associated with Case No. 8:10-cv-1114-T-17MAP. Signed by Judge Richard A. Lazzara on 5/4/2011. (CCB)
May 4, 2011 Filing 627 MOTION to Approve Settlement re: Sam Richter by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
May 2, 2011 Opinion or Order Filing 626 ORDER granting #625 Unopposed Motion for limited relief from injunction. Signed by Judge Richard A. Lazzara on 5/2/2011. (MSS)
April 29, 2011 Filing 625 Unopposed MOTION for miscellaneous relief, specifically Limited Relief from Injunction by Richard T. Williams. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order Proposed Order)(Gaskill, Jason)
April 26, 2011 Opinion or Order Filing 624 ORDER ATTACHED granting #622 Receiver's Motion to Approve Settlement with Vivian K. Kouvant associated with Case No.8:10-cv-225-T-17MAP. Signed by Judge Richard A. Lazzara on 4/26/2011. (CCB)
April 26, 2011 Opinion or Order Filing 623 ORDER ATTACHED granting #621 Receiver's Motion to Approve Settlement with Tracy Becker, et al., associated with Case No. 8:10-cv-76-T-17MAP. Signed by Judge Richard A. Lazzara on 4/26/2011. (CCB)
April 26, 2011 Filing 622 MOTION to Approve Settlement re: Vivian K. Kouvant by Burton W. Wiand. (Attachments: #1 Exhibit A - Vivian K. Kouvant Settlement Agreement)(Lamont, Michael)
April 26, 2011 Filing 621 MOTION to Approve Settlement re Tracy Becker by Burton W. Wiand. (Attachments: #1 Exhibit A - Tracy Becker Settlement Agreement)(Lamont, Michael)
April 25, 2011 Opinion or Order Filing 620 ORDER granting #619 Motion for approval of sale of undeveloped land located in Grady County, Georgia. Signed by Judge Richard A. Lazzara on 4/25/2011. (MSS)
April 25, 2011 Filing 619 Unopposed MOTION for miscellaneous relief, specifically for Approval of Sale of Undeveloped Land Located in Grady County, Georgia by Burton W. Wiand. (Attachments: #1 Exhibit 1 - Proposed Order, #2 Exhibit 2 - Purchase and Sale Agreement)(Morello, Gianluca)
April 21, 2011 Opinion or Order Filing 618 ORDER granting #617 Unopposed MOTION for miscellaneous relief, specifically for Approval to Serve Proposals for Settlement in Connection with Ancillary Actions by Burton W. Wiand. Signed by Judge Richard A. Lazzara on 4/21/2011. (SKH)
April 20, 2011 Filing 617 Unopposed MOTION for miscellaneous relief, specifically for Approval to Serve Proposals for Settlement in Connection with Ancillary Actions by Burton W. Wiand. (Attachments: #1 Exhibit A - Template of a Proposal for Settlement)(Lamont, Michael)
April 20, 2011 Filing 616 NOTICE of Appearance by Steven R. Wirth on behalf of Wells Fargo Bank, N.A. (Wirth, Steven)
April 4, 2011 Opinion or Order Filing 615 ORDER ATTACHED granting #614 Receiver's Motion to Approve Settlement with Carolina Mountain Land Conservancy associated with Case no. 8:09-cv-2443-T-27MAP. Signed by Judge Richard A. Lazzara on 4/4/2011. (CCB)
April 1, 2011 Filing 614 MOTION to Approve Settlement re: Carolina Mountain Land Conservancy by Burton W. Wiand. (Attachments: #1 Exhibit I - Executed Settlement Agreement)(Morello, Gianluca)
March 30, 2011 Opinion or Order Filing 613 ORDER ATTACHED granting #612 Receiver's Motion to Approve Settlement with Tracy G. Becker, Sharon Reisdorf, Cynthia Baschmann, and Scott Becker associated with Case No. 8:10-cv-76-T-17MAP. Signed by Judge Richard A. Lazzara on 3/30/2011. (CCB)
March 30, 2011 Filing 612 MOTION to Approve Settlement re: Tracy G. Becker, Sharon Reisdorf, Cynthia Baschmann, and Scott Becker by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
March 23, 2011 Opinion or Order Filing 611 ORDER ATTACHED granting Receiver's Motion to Approve Settlement #610. The Court approves the written settlement agreement attached to the motion entered into between the Receiver and Chester Trachtenberg, Foxhaven, LLC, as successor in interest of Ouisa, LLC, and Cherrytoes, LLC, as successor in interest of Beatrice, LLC, (Case No.: 8:10-cv-1257-T-17MAP). Signed by Judge Richard A. Lazzara on 3/23/2011. (SKH)
March 22, 2011 Filing 610 MOTION to Approve Settlement re: Chester Trachtenberg, Foxhaven, LLC, as successor in interest of Ouisa, LLC, and Cherrytoes, LLC, as successor in interest of Beatrice, LLC by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
March 14, 2011 Filing 609 STATUS REPORT Receiver's Eighth Interim Report (10/1/10-12/31/10) by Burton W. Wiand. (Attachments: #1 Exhibit A - Standardized Fund Accounting Report, #2 Exhibit B - C. Moody Spreadsheet)(Morello, Gianluca)
March 11, 2011 Opinion or Order Filing 608 ORDER granting #607 Receiver's Unopposed Motion to approve sale of jewelry by public auction. Signed by Judge Richard A. Lazzara on 3/11/2011. (MSS)
March 10, 2011 Filing 607 Unopposed MOTION for miscellaneous relief, specifically to Approve Sale of Jewelry by Public Auction by Burton W. Wiand. (Attachments: #1 Exhibit 1 - Proposed Order, #2 Exhibit 2 - Description of Jewelry, #3 Exhibit 3 - Agreement)(Morello, Gianluca)
March 10, 2011 Opinion or Order Filing 606 ORDER ATTACHED granting Receiver's Motion to Approve Settlement#605. The Court approves the written settlement agreement attached to the motion entered into between the Receiver and James River Diversified Fund, L.P. (Case No: 10-cv-90-T-17MAP), James River Multi-Strategy Fund, L.P., and Paul Saunders (Case No: 10-cv-159-T-17MAP). Signed by Judge Richard A. Lazzara on 3/10/2011. (SKH)
March 9, 2011 Filing 605 MOTION to Approve Settlement re: James River Diversified Fund, L.P., James River Multi-Strategy Fund, L.P., and Paul Saunders by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement, #2 Exhibit B - Executed Settlement Agreement, #3 Exhibit C - Executed Settlement Agreement)(Morello, Gianluca)
March 7, 2011 Opinion or Order Filing 604 ORDER ATTACHED granting #603 Receiver's Motion to Approve Settlement with James LeTellier associated with Case No. 8:10-cv-2150-T-17MAP. Signed by Judge Richard A. Lazzara on 3/7/2011. (CCB)
March 7, 2011 Filing 603 MOTION to Approve Settlement re: James LeTellier by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
February 22, 2011 Opinion or Order Filing 602 ORDER ATTACHED granting #600 Receiver's Motion to Approve Settlement with Michael Corcione associated with Case No. 8:10-cv-234-T-17MAP. Signed by Judge Richard A. Lazzara on 2/22/2011. (CCB)
February 22, 2011 Opinion or Order Filing 601 ORDER granting #599 Motion approve the Sale of Real Property located at 2433 West Main Street, Tupelo, Lee County, Mississippi 38801; See order for further details.. Signed by Judge Richard A. Lazzara on 2/22/2011. (JLH)
February 21, 2011 Filing 600 MOTION to Approve Settlement re: Michael Corcione by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
February 18, 2011 Filing 599 Unopposed MOTION for miscellaneous relief, specifically approve the Sale of Real Property located at 2433 West Main Street, Tupelo, Lee County, Mississippi 38801 by Burton W. Wiand. (Attachments: #1 Exhibit 1 - Proposed Order, #2 Exhibit 2 - Agreement)(Morello, Gianluca)
February 1, 2011 Opinion or Order Filing 598 ORDER ATTACHED granting #597 Receiver's Motion to Approve Settlement with Paul Farley associated with Case No. 8:10-cv-145-T-17MAP. Signed by Judge Richard A. Lazzara on 2/1/2011. (CCB)
February 1, 2011 Filing 597 MOTION to Approve Settlement re: Paul Farley by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
January 27, 2011 Opinion or Order Filing 596 ORDER ATTACHED granting #595 Receiver's Motion to Approve Settlement with Eric A. Kaye associated with Case No. 8:10-cv-132-T-17MAP. Signed by Judge Richard A. Lazzara on 1/27/2011. (CCB)
January 26, 2011 Filing 595 MOTION to Approve Settlement re: Eric A. Kaye by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
January 26, 2011 Opinion or Order Filing 594 ORDER ATTACHED granting #593 Receiver's Motion to Approve Settlement with Richard Fagin, individually and as Trustee of the Richard Fagin Trust 1994 associated with Case No. 8:10-cv-183-T-17MAP. Signed by Judge Richard A. Lazzara on 1/26/2011. (CCB)
January 25, 2011 Filing 593 MOTION to Approve Settlement re: Richard Fagin, individually and as Trustee of the Richard Fagin Trust 1994 by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
January 19, 2011 Opinion or Order Filing 592 ORDER ATTACHED granting #591 Receiver's Motion to Approve Settlement with Lobdell Multi-Focus Fund, L.P. associated with Case No. 8:10-cv-129-T-17MAP. Signed by Judge Richard A. Lazzara on 1/19/2011. (CCB)
January 19, 2011 Filing 591 MOTION to Approve Settlement re: Lobdell Multi-Focus Fund, L.P. by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
January 18, 2011 Opinion or Order Filing 590 ORDER ATTACHED granting #589 Receiver's Motion to Approve Settlement with James A.W. Cook associated with Case No. 8:10-cv-94-T-17MAP. Signed by Judge Richard A. Lazzara on 1/18/2011. (CCB)
January 18, 2011 Filing 589 MOTION to Approve Settlement re: James A.W. Cook by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
January 12, 2011 Opinion or Order Filing 588 ORDER ATTACHED denying as moot #587 Motion to Quash. Signed by Judge Richard A. Lazzara on 1/12/2011. (CCB)
January 11, 2011 Filing 587 MOTION to quash Subpoena by D&E Unit Trust Associates, Carrelage Multi-Strategy Offshore Fund, Ltd., David Ehrlich. (Attachments: #1 Exhibit, #2 Exhibit)(Holmes, David)
January 10, 2011 Opinion or Order Filing 586 ORDER ATTACHED granting #585 Receiver's Motion to Approve Settlement with Albert R. Gaskill, Jr., as Trustee of the Albar Management Profit Sharing Plan & Trust dtd 08/82 associated with Case No. 8:10-cv-143-T-17MAP. Signed by Judge Richard A. Lazzara on 1/10/2011. (CCB)
January 10, 2011 Filing 585 MOTION to Approve Settlement re: Albert R. Gaskill, Jr., as Trustee of the Albar Management Profit Sharing Plan & Trust dtd 08/82 by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
January 5, 2011 Opinion or Order Filing 584 ORDER ATTACHED granting #583 Receiver's Motion to Approve Settlement with Mark A. Timmick and Winners Circle Fund, L.P., associated with Case No. 8:10-cv-201-T-17MAP. Signed by Judge Richard A. Lazzara on 1/5/2011. (CCB)
January 5, 2011 Filing 583 MOTION to Approve Settlement re: Mark A. Timmick and Winners Circle Fund, L.P. by Burton W. Wiand. (Attachments: #1 Exhibit A)(Lamont, Michael)
December 17, 2010 Opinion or Order Filing 582 ORDER granting #577 Motion for attorney fees. Signed by Judge Richard A. Lazzara on 12/17/2010. (MSS)
December 16, 2010 Opinion or Order Filing 581 ORDER granting #580 Unopposed Verified Motion to approve the sale of 1978 Cessna 152 Aircraft. Signed by Judge Richard A. Lazzara on 12/16/2010. (MSS)
December 16, 2010 Filing 580 Unopposed MOTION for miscellaneous relief, specifically to Approve the Sale of 1978 Cessna 152 Aircraft by Burton W. Wiand. (Attachments: #1 Exhibit A - Proposed Order)(Morello, Gianluca)
December 16, 2010 Opinion or Order Filing 579 ORDER ATTACHED granting #578 Receiver's Motion to Approve Settlement with Gary Hill, associated with Case No. 8:10-cv-109-T-17MAP. Signed by Judge Richard A. Lazzara on 12/16/2010. (CCB)
December 15, 2010 Filing 578 MOTION to Approve Settlement re: Gary Hill by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
December 15, 2010 Filing 577 Unopposed MOTION for attorney fees Receiver's Unopposed Seventh 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 Seventh 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 N and C Moody, #6 Exhibit 6 - Scoop Receivership-Recovery of Commissions, #7 Exhibit 7 - Scoop Receivership-Holland & Knight, #8 Exhibit 8 - Categorization and Summary of All Costs Incurred By WGK, #9 Exhibit 9 - Attorney Fee Schedule, #10 Exhibit 10 - Scoop Legal Team-Scoop Capital, LLC Receivership, #11 Exhibit 11 - Fowler White Invoice, #12 Exhibit 12 - Scoop Legal Team-HFH v. 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 Invoice, #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 Invoices, #20 Exhibit 20 - Riverside Financial Group Invoices, #21 Exhibit 21 - E-Hounds, Inc. Invoices, #22 Exhibit 22 - The RWJ Group, LLC Invoices, #23 Exhibit 23 - Proposed Order)(Morello, Gianluca)
December 14, 2010 Opinion or Order Filing 576 ENDORSED ORDER granting #575 Motion regarding Mediator Fees. Signed by Judge Richard A. Lazzara on 12/14/2010. (CCB)
December 13, 2010 Filing 575 MOTION for miscellaneous relief, specifically for leave to pay the mediator fees for the clawback mediations already conducted, and for those yet to be conducted, directly from funds in the Receivership Estate by Burton W. Wiand. (Morello, Gianluca)
December 13, 2010 Opinion or Order Filing 574 ORDER ATTACHED granting #572 Receiver's Motion to Approve Settlement with KeyBank National Association f/k/a Key Trust Compnay of Ohio, N.A. as Trustee of the William H. Price, II Revocable Dynasty Trust, associated with Case No. 8:10-cv-178-T-17MAP. Signed by Judge Richard A. Lazzara on 12/13/2010. (CCB)
December 13, 2010 Opinion or Order Filing 573 ORDER ATTACHED granting #571 Receiver's Motion to Approve Settlement with Stanley W. Mason, Jr.; Stanley W. Mason Jr. and Doris A. Mason as Trustees; and the Mason Family Limited Partnership associated with Case No. 8:10-cv-219-T-17MAP. Signed by Judge Richard A. Lazzara on 12/13/2010. (CCB)
December 10, 2010 Mail returned as Undeliverable re: 537 Order on Motion to Approve Settlement, 539 Order on Motion for Miscellaneous Relief, 538 Order on Motion to Approve Settlement. Address update per information on BOP website. Mail resent to Arthur Nadel. (CD)
December 10, 2010 Mail returned as Undeliverable re: #537 Order on Motion to Approve Settlement, #539 Order on Motion for Miscellaneous Relief, #538 Order on Motion to Approve Settlement. Address update per information on BOP website. Mail resent to Arthur Nadel. (CD)
December 10, 2010 Filing 572 MOTION to Approve Settlement re: KeyBank National Association f/k/a Key Trust Company of Ohio, N.A. as Trustee of the William H. Price, II Revocable Dynasty Trust by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
December 10, 2010 Filing 571 MOTION to Approve Settlement re: Stanley W. Mason, Jr., individually, Stanley W. Mason, Jr. and Doris A. Mason, as Trustees of the Stanley W. Mason, Jr. and Doris A. Mason Trust Agreement u/a/d September 24, 1998, and the Mason Family Limited Partnership by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
December 10, 2010 Filing 570 NOTICE canceling motion hearing scheduled for 12/13/2010 (MSS)
December 10, 2010 Opinion or Order Filing 569 ORDER denying #544 Motion for protective order. Mr. Rowe to produce records to receiver on or before 1/3/2011; granting #562 Motion to withdraw as attorney. The firm of Bush Ross, P.A., are relieved of any further responsibility to represent Mr. and Mrs. Rowe and their related entities in this action; denying as moot #563 Motion to stay. The Court has given Mr. Rowe ample time to hire new counsel before having to produce the subpoenaed records. Signed by Judge Richard A. Lazzara on 12/10/2010. (SKH)
December 10, 2010 Filing 568 Minute Entry. Proceedings held before Judge Richard A. Lazzara: Motion Hearing held on 12/10/2010 re #544 MOTION for protective order, #563 MOTION to stay Deadlines re #562, MOTION for Edward O. Savitz, Anne-Leigh Gaylord Moe, Karen S. Cox to withdraw as attorney. Court Reporter: Janie Gibbs (MSS)
December 9, 2010 Filing 567 RESPONSE in opposition re #544 MOTION for protective order filed by Burton W. Wiand. (Attachments: #1 Exhibit 1 - Subpoena, #2 Exhibit 2 - Formica v. Rowe et al., Motion to Dismiss)(Morello, Gianluca)
December 9, 2010 Filing 566 RESPONSE in opposition re #563 MOTION to stay Deadlines re #562 MOTION for Edward O. Savitz, Anne-Leigh Gaylord Moe, Karen S. Cox to withdraw as attorney filed by Burton W. Wiand. (Morello, Gianluca)
December 8, 2010 Filing 565 NOTICE of Hearing on #563 Motion to Stay Deadlines and #562 Motion for Edward O. Savitz, Anne-Leigh Gaylord Moe, Karen S. Cox to withdraw as attorney set for Friday, 12/10/2010 at 10:00 AM in Tampa Courtroom 15 B before Judge Richard A. Lazzara. (CCB)
December 8, 2010 Opinion or Order Filing 564 ORDER ATTACHED regarding motions to withdraw and stay. Signed by Judge Richard A. Lazzara on 12/8/2010. (CCB)
December 7, 2010 Filing 563 MOTION to stay Deadlines re #562 MOTION for Edward O. Savitz, Anne-Leigh Gaylord Moe, Karen S. Cox to withdraw as attorney by Donald H. Rowe. (Moe, Anne-Leigh)
December 7, 2010 Filing 562 MOTION for Edward O. Savitz, Anne-Leigh Gaylord Moe, Karen S. Cox to withdraw as attorney by Donald H. Rowe. (Moe, Anne-Leigh)
December 7, 2010 Opinion or Order Filing 561 ORDER ATTACHED granting #557 Receiver's Motion to Approve Settlement with Merlyn W.V. Lofgren, associated with Case No. 8:10-cv-168-T-17MAP. Signed by Judge Richard A. Lazzara on 12/7/2010. (CCB)
December 7, 2010 Opinion or Order Filing 560 ORDER ATTACHED granting #556 Receiver's Motion to Approve Settlement with Kathy C. Humpert, associated with Case No. 8:10-cv-2166-T-17MAP. Signed by Judge Richard A. Lazzara on 12/7/2010. (CCB)
December 7, 2010 Opinion or Order Filing 559 ORDER ATTACHED granting #555 Receiver's Motion to Approve Settlement with Randie Ekenberg, associated with Case No. 8:10-cv-2144-T-17MAP. Signed by Judge Richard A. Lazzara on 12/7/2010. (CCB)
December 6, 2010 Opinion or Order Filing 558 ENDORSED ORDER granting #554 Motion to withdraw as attorney by Mark D. Hildreth. The clerk is directed to remove Mr. Hildreth from electronic notice. Signed by Judge Richard A. Lazzara on 12/6/2010. (SKH)
December 6, 2010 Filing 557 MOTION to Approve Settlement re: Merlyn W.V. Lofgren by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca)
December 6, 2010 Filing 556 MOTION to Approve Settlement re: Kathy C. Humpert by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
December 6, 2010 Filing 555 MOTION to Approve Settlement re: Randie Ekenberg, et al. by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
December 6, 2010 Filing 554 MOTION for Mark D. Hildreth to withdraw as attorney and Request to Stop Electronic Notice by City of Venice. (Hildreth, Mark)
December 3, 2010 Opinion or Order Filing 553 ORDER ATTACHED supplementing order at docket 548. Signed by Judge Richard A. Lazzara on 12/3/2010. (CCB)
December 2, 2010 Opinion or Order Filing 552 ORDER ATTACHED granting Receiver's Motion to Approve Settlement #547. The Court approves the written settlement agreement attached to the motion entered into between the Receiver and Wing Y. Chin and Margaret Chin, as Co-Trustees of the Wing Y. and Margaret Chin Revocable Trust (Case No: 8:10-cv-158-T-17MAP). Signed by Judge Richard A. Lazzara on 12/2/2010. (SKH)
December 2, 2010 Opinion or Order Filing 551 ORDER ATTACHED granting Receiver's Motion to Approve Settlement #546. The Court approves the written settlement agreement attached to the motion entered into between the Receiver and Henry A. Stumpf, John McCord, and Kirk O. Broberg, as Co-Trustees of the Daley Investment Trust (Case No: 8:10-cv-208-T-17MAP). Signed by Judge Richard A. Lazzara on 12/2/2010. (SKH)
December 2, 2010 Opinion or Order Filing 550 ORDER ATTACHED granting Receiver's Motion to Approve Settlement #545. The Court approves the written settlement agreement attached to the motion entered into between the Receiver and Michael Brown (Case No: 8:10-cv-73-T-17MAP). Signed by Judge Richard A. Lazzara on 12/2/2010. (SKH)
December 2, 2010 Filing 549 NOTICE of Hearing on Motion #544 for protective order: Motion Hearing scheduled Monday, December 13, 2010 at 10:00 a.m., in Courtroom 15B before Judge Richard A. Lazzara. (SKH)
December 2, 2010 Opinion or Order Filing 548 ORDER directing Non-Party Rowe to file with this Court on or before 12/6/2010, a detailed privilege log in strict compliance with the Federal Rules of Civil Procedure with regard to the documents and information he claims are protected from disclosure by either the attorney-client privilege or the work product privilege; and ORDER directing the Receiver to respond to #544 Non-Party Rowe's Motion for Protective Order on or before 12/9/2010. The Court will conduct a hearing on the motion on Monday, December 13, 2010, at 10:00 a.m. Signed by Judge Richard A. Lazzara on 12/2/2010. (SKH)
December 2, 2010 Filing 547 MOTION to Approve Settlement re: Wing Y. Chin and Margaret Chin, as Co-Trustees of the Wing Y. and Margaret Chin Revocable Trust by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
December 2, 2010 Filing 546 MOTION to Approve Settlement re: Henry A. Stumpf, John McCord, and Kirk O. Broberg, as Co-Trustees of the Daley Investment Trust by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
December 2, 2010 Filing 545 MOTION to Approve Settlement re: Michael Brown by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
December 2, 2010 Filing 544 MOTION for protective order by Donald H. Rowe. (Attachments: #1 Exhibit Exhibit 1 to Rowe's Motion for Protective Order, #2 Exhibit Composite Exhibit 2 to Rowe's Motion for Protective Order, #3 Exhibit Exhibit 3 to Rowe's Motion for Protective Order, #4 Exhibit Exhibit 4 to Rowe's Motion for Protective Order)(Moe, Anne-Leigh)
December 1, 2010 Filing 543 INCORRECT EVENT CODE; COUNSEL NOTIFIED TO REFILE** NOTICE OF REMOVAL by City of Venice Notice of Withdrawal from Case (Hildreth, Mark) Modified on 12/1/2010 (JLH).
November 22, 2010 Opinion or Order Filing 542 ORDER ATTACHED denying without prejudice #541 Motion to Quash and directing Rowe to comply with the subpoena no later than noon 12/6/2010. Signed by Judge Richard A. Lazzara on 11/22/2010. (CCB)
November 19, 2010 Filing 541 MOTION to quash Subpoena by Donald H. Rowe. (Attachments: #1 Exhibit Exhibit 1 to Motion to Quash Subpoena, #2 Exhibit Exhibit 2 to Motion to Quash Subpoena, #3 Exhibit Exhibit 3 to Motion to Quash Subpoena)(Savitz, Edward)
November 18, 2010 Filing 540 STATUS REPORT Receiver's Seventh Interim Report (5/1/10-9/30/10) by Burton W. Wiand. (Attachments: #1 Exhibit A - Standardized Fund Accounting Report, #2 Exhibit B - Summary of C. Moody Assets)(Morello, Gianluca)
November 18, 2010 Opinion or Order Filing 539 ORDER ATTACHED granting #534 Receiver's Unopposed Motion to Relinquish Possession of Certain Artistic Prints. Signed by Judge Richard A. Lazzara on 11/18/2010. (DMB)
November 18, 2010 Opinion or Order Filing 538 ORDER ATTACHED granting #536 Receiver's Motion to Approve Settlement with Richard Moore associated with Case No. 8:10-cv-209-T-17MAP. Signed by Judge Richard A. Lazzara on 11/18/2010. (CCB)
November 18, 2010 Opinion or Order Filing 537 ORDER ATTACHED granting #535 Receiver's Motion to Approve Settlement with Jeffrey Wilson associated with Case No. 8:10-cv-113-T-17MAP. Signed by Judge Richard A. Lazzara on 11/18/2010. (CCB)
November 17, 2010 Filing 536 Second MOTION to Approve Settlement re: Richard Moore by Burton W. Wiand. (Attachments: #1 Exhibit A - Amended Settlement Agreement)(Lamont, Michael)
November 17, 2010 Filing 535 Second MOTION to Approve Settlement re: Jeffrey Wilson by Burton W. Wiand. (Attachments: #1 Exhibit A - Amended Settlement Agreement)(Lamont, Michael)
November 17, 2010 Filing 534 Unopposed MOTION for miscellaneous relief, specifically to Relinquish Possession of Certain Artistic Prints by Burton W. Wiand. (Attachments: #1 Exhibit A-Part 1, #2 Exhibit A-Part 2, #3 Exhibit A-Part 3, #4 Exhibit A-Part 4, #5 Exhibit B-Appraisal, #6 Exhibit C)(Morello, Gianluca)
November 17, 2010 Opinion or Order Filing 533 ORDER ATTACHED granting #532 Receiver's Motion to Approve Settlement with Mark Neubiesser associated with Case No. 8:10-cv-133-T-17MAP. Signed by Judge Richard A. Lazzara on 11/17/2010. (CCB)
November 17, 2010 Filing 532 MOTION to Approve Settlement re: Mark Neubiesser by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
November 9, 2010 Opinion or Order Filing 531 ORDER ATTACHED granting Receiver's Motion to Approve Settlement (521). The Court approves the written settlement agreement attached to the motion entered into between the Receiver and Jeffrey Wilson. Signed by Judge Richard A. Lazzara on 11/9/2010. (SKH)
November 9, 2010 Opinion or Order Filing 530 ORDER ATTACHED granting Receiver's Motion to Approve Settlement (520). The Court approves the written settlement agreement attached to the motion entered into between the Receiver and Richard Moore. Signed by Judge Richard A. Lazzara on 11/9/2010. (SKH)
November 9, 2010 Opinion or Order Filing 529 ORDER ATTACHED granting Receiver's Motion to Approve Settlement (519). The Court approves the written settlement agreement attached to the motion entered into between the Receiver and Richard Moore, Thomas Moore, Richard DiBerardo, as Co-Trustees of the Family Trust u/w Reverly A. Moore. Signed by Judge Richard A. Lazzara on 11/9/2010. (SKH)
November 9, 2010 Opinion or Order Filing 528 ORDER ATTACHED granting Receiver s Motion to Approve Settlement (518). The Court approves the written settlement agreement attached to the motion entered into between the Receiver and Gaylord Brooks Investment, LLC. Signed by Judge Richard A. Lazzara on 11/9/2010. (SKH)
November 9, 2010 Opinion or Order Filing 527 ORDER ATTACHED granting #524 Receiver's Motion to Approve Settlement with Nicholas Lombardozzi and Lisa Lombardozzi associated with Case No. 8:10-cv-70-T-17MAP. Signed by Judge Richard A. Lazzara on 11/9/2010. (CCB)
November 9, 2010 Opinion or Order Filing 526 ORDER ATTACHED granting #523 Receiver's Motion to Approve Settlement with Kathryn H. Scribner associated with Case No. 8:10-cv-131-T-17MAP. Signed by Judge Richard A. Lazzara on 11/9/2010. (CCB)
November 9, 2010 Opinion or Order Filing 525 ORDER ATTACHED granting #522 Receiver's Motion to Approve Settlement with Currituck Capital, LLC, associated with Case No. 8:10-cv-93-T-17MAP. Signed by Judge Richard A. Lazzara on 11/9/2010. (CCB)
November 8, 2010 Filing 524 MOTION to Approve Settlement re: Nicholas Lombardozzi and Lisa Lombardozzi by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
November 8, 2010 Filing 523 MOTION to Approve Settlement re: Kathryn H. Scribner by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
November 8, 2010 Filing 522 MOTION to Approve Settlement re: Currituck Capital, LLC by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
November 8, 2010 Filing 521 MOTION to Approve Settlement re: Jeffrey Wilson by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
November 8, 2010 Filing 520 MOTION to Approve Settlement re: Richard Moore by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
November 8, 2010 Filing 519 MOTION to Approve Settlement re: Richard Moore, Thomas Moore, and Richard DiBerardo, as Co-Trustees of the Family Trust u/w Reverly A. Moore by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
November 8, 2010 Filing 518 MOTION to Approve Settlement re: Gaylord Brooks Investment, LLC by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
November 8, 2010 Opinion or Order Filing 517 ORDER ATTACHED granting #516 Receiver's Motion to Approve Settlement with Sharon G. Moody, individually and as Trustee of the Sharon G. Moody Revocable Trust, associated with Case No. 8:10-cv-249-T-17MAP. Signed by Judge Richard A. Lazzara on 11/8/2010. (CCB)
November 5, 2010 Filing 516 Unopposed MOTION to Approve Settlement re: Sharon Moody, individually and as Trustee of the Sharon G. Moody Revocable Trust by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca)
November 3, 2010 Opinion or Order Filing 515 ORDER ATTACHED granting #513 Receiver's Motion to Approve Settlement with Ronald Thauer associated with Case No. 8:10-cv-124-T-17MAP. Signed by Judge Richard A. Lazzara on 11/3/2010. (CCB)
November 3, 2010 Opinion or Order Filing 514 ORDER ATTACHED granting #512 Receiver's Motion to Approve Settlement with Yaz Bilimoria associated with Case No. 8:10-cv-78-T-17MAP. Signed by Judge Richard A. Lazzara on 11/3/2010. (CCB)
November 3, 2010 Filing 513 MOTION to Approve Settlement re: Ronald Thauer by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
November 3, 2010 Filing 512 MOTION to Approve Settlement re: Yaz Bilimoria by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
October 29, 2010 Opinion or Order Filing 511 ENDORSED ORDER granting #510 Motion to Withdraw as Attorney. The clerk is directed to term the attorney from the docket. Signed by Judge Richard A. Lazzara on 10/29/2010. (CCB)
October 29, 2010 Filing 510 MOTION for Gregory P. Brown to withdraw as attorney by Managed Capital, LLC. (Brown, Gregory)
October 28, 2010 Filing 509 Minute Entry. Proceedings held before Judge Richard A. Lazzara: Status Conference held on 10/28/2010. Court Reporter: Sandra K. Lee (MSS)
October 20, 2010 Opinion or Order Filing 508 ORDER ATTACHED granting #506 Receiver's Motion to Approve Settlement with Kelvin Lee, et al., associated with Case nos. 8:10-cv-210-T-17MAP, 8:10-cv-211-T-17MAP, and 8:10-cv-251-T-17MAP. Signed by Judge Richard A. Lazzara on 10/20/2010. (CCB)
October 19, 2010 Filing 507 NOTICE of Appearance by Thomas R. Yaegers on behalf of LandMark Bank of Florida (Yaegers, Thomas)
October 19, 2010 Filing 506 MOTION to Approve Settlement re: Kelvin Lee, Individually and as Trustee of the Nancy E. Lee Trust dtd 12/1/1987, and Barbara Lee, Individually by Burton W. Wiand. (Attachments: #1 Exhibit A - Settlement Agreement, #2 Exhibit B - Settlement Agreement)(Lamont, Michael)
October 19, 2010 Filing 505 **INCORRECT EVENT CODE; COUNSEL TO REFILE AS A MOTION** NOTICE by Managed Capital, LLC of Intent to Withdraw (Brown, Gregory) Modified on 10/20/2010 (JLH).
October 19, 2010 Opinion or Order Filing 504 ORDER ATTACHED granting #503 Receiver's Motion to Approve Settlement with Irvin Fagin associated with Case no. 8:10-cv163-T-17MAP. Signed by Judge Richard A. Lazzara on 10/19/2010. (CCB)
October 19, 2010 Filing 503 MOTION to Approve Settlement re: Irvin Fagin by Burton W. Wiand. (Attachments: #1 Exhibit A - Settlement Agreement)(Lamont, Michael)
October 19, 2010 Filing 502 NOTICE of Hearing: Status Conference set for Thursday, 10/28/2010, at 10:00 AM in Tampa Courtroom 15 B before Judge Richard A. Lazzara.(CCB)
October 19, 2010 Opinion or Order Filing 501 ORDER ATTACHED granting #498 Motion for Status Conference. Signed by Judge Richard A. Lazzara on 10/19/2010. (CCB)
October 19, 2010 Opinion or Order Filing 500 ORDER ATTACHED granting #499 Motion for Leave to Agree to Restructuring Transactions with Bonds.com. Signed by Judge Richard A. Lazzara on 10/19/2010. (CCB)
October 18, 2010 Filing 499 MOTION for miscellaneous relief, specifically for Leave to Agree to Restructuring Transactions with Bonds.com by Burton W. Wiand. (Morello, Gianluca)
October 15, 2010 Filing 498 Unopposed MOTION for miscellaneous relief, specifically Status Conference by Burton W. Wiand. (Morello, Gianluca)
October 12, 2010 Opinion or Order Filing 497 ORDER granting #496 Motion for attorney fees. Signed by Judge Richard A. Lazzara on 10/12/2010. (see order) (MSS)
October 7, 2010 Filing 496 Unopposed MOTION for attorney fees Receiver's Unopposed Sixth Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs to Receiver and His Professionals 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, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21)(Morello, Gianluca)
September 24, 2010 Filing 495 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: Claudia Spangler-Fry (CS)
September 24, 2010 Filing 494 TRANSCRIPT of Motion Hearing held on 9/3/10 before Judge Richard A. Lazzara. Court Reporter Claudia Spangler-Fry,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 10/15/2010, Redacted Transcript Deadline set for 10/25/2010, Release of Transcript Restriction set for 12/23/2010. (CS)
September 23, 2010 Opinion or Order Filing 493 ORDER Reappointing receiver. (see order for further details). Signed by Judge Richard A. Lazzara on 9/23/2010. (JLH)
September 23, 2010 Filing 492 Unopposed MOTION for miscellaneous relief, specifically Reappoint Receiver by Burton W. Wiand. (Attachments: #1 Exhibit 1 - Order Reappointing Receiver)(Morello, Gianluca)
September 23, 2010 Opinion or Order Filing 491 ORDER granting #490 Motion to approve sale of 1977 Beech Baron B-55 aircraft. The Receiver is hereby authorized to sell. Signed by Judge Richard A. Lazzara on 9/23/2010. (JLH)
September 22, 2010 Filing 490 MOTION for miscellaneous relief, specifically To Approve The Sale of 1977 Beech Baron B-55 Aircraft by Burton W. Wiand. (Attachments: #1 Exhibit)(Morello, Gianluca)
September 16, 2010 Opinion or Order Filing 489 ORDER ATTACHED granting #487 Motion to Approve Settlement with Daniel M. Fraser associated with 8:10-cv-222-T17MAP. Signed by Judge Richard A. Lazzara on 9/16/2010. (CCB)
September 16, 2010 Opinion or Order Filing 488 ORDER ATTACHED granting #486 Motion to Approve Settlement with Gene Muehring and Karel Muehring associated with 8:10-cv-173-T-17MAP. Signed by Judge Richard A. Lazzara on 9/16/2010. (CCB)
September 15, 2010 Filing 487 MOTION to Approve Settlement by Burton W. Wiand. (Attachments: #1 Exhibit Settlement Agreement)(Lamont, Michael)
September 15, 2010 Filing 486 MOTION to Approve Settlement by Burton W. Wiand. (Attachments: #1 Exhibit Settlement Agreement)(Lamont, Michael)
September 14, 2010 Filing 485 NOTICE by IBERIABANK to Stop Electronic Notice (Rollins, Traci)
September 8, 2010 Opinion or Order Filing 484 ORDER that in this action, Peg Nadel has sent a letter addressed to the undersigned Judge. Upon review, the document is found to be inappropriate for filing in the following respect(s): Letters Not Accepted/Non-filing with Judge: Matters shall not be addressed or presented to the Court in the form of a letter or the like. All documents, in proper form, shall be filed with the Clerk of the Court and not with the Judge thereof. See Local Rule 3.01(f) Signed by Judge Richard A. Lazzara on 9/8/2010. (AG)
September 8, 2010 Opinion or Order Filing 483 ORDER ATTACHED denying #482 Motion for Protective Order. Signed by Judge Richard A. Lazzara on 9/8/2010. (CCB)
September 7, 2010 Filing 482 MOTION for protective order, MOTION to quash Subpoena by Marguerite J. Nadel. (Attachments: #1 Exhibit)(RFK)
September 3, 2010 Opinion or Order Filing 481 ORDER ATTACHED granting #475 Motion to Compel and denying #479 Motion for Protective Order. Signed by Judge Richard A. Lazzara on 9/3/2010. (CCB)
September 3, 2010 Filing 480 Minute Entry. Proceedings held before Judge Richard A. Lazzara: Motion Hearing held on 9/3/2010 #475 MOTION to compel for Production of Documents in Compliance with Non-Party Subpoena filed by Burton W. Wiand and re #479 MOTION for protective order filed by Donald H. Rowe. Court Reporter: Claudia Spangler-Fry (MSS)
September 3, 2010 Filing 479 MOTION for protective order by Donald H. Rowe. (Cox, Karen)
September 2, 2010 Opinion or Order Filing 478 ORDER that this letter is not accepted and matters shall not be addressed or presented to the court in the form of a letter. Al documents in proper form shall be filed the the clerk and not with the Judgment pursuant to Local Rule 3.01(f). The Clerk is direct to return the above referenced document to the submitting party. Signed by Judge Richard A. Lazzara on 9/2/2010. (JLH)
September 1, 2010 Filing 477 NOTICE of Expedited Hearing on Motion #475 to Compel Production of Documents in Compliance with Non-Party Subpoena: Motion Hearing set for 9/3/2010 at 8:30 AM in Tampa Courtroom 15 B before Judge Richard A. Lazzara. (SKH)
September 1, 2010 Opinion or Order Filing 476 ENDORSED ORDER directing Managed Capital, LLC to file an EXPEDITED RESPONSE to #475 Motion to Compel Production of Documents in Compliance with Non-Party Subpoena. Responses due on or before 12:00 p.m. on 9/2/2010. EXPEDITED HEARING scheduled Friday, September 3, 2010, at 8:30 a.m. Signed by Judge Richard A. Lazzara on 9/1/2010. (SKH)
August 31, 2010 Filing 475 MOTION to compel Production of Documents in Compliance with Non-Party Subpoena by Burton W. Wiand. (Attachments: #1 Exhibit A)(Lamont, Michael)
August 31, 2010 Opinion or Order Filing 474 ORDER ATTACHED denying without prejudice for failure to comply with Local Rule 3.01(g) #473 Motion to Compel, directing parties to confer on or before 9/3/2010, and directing the clerk to send copy of attached order to nonparty counsel. Signed by Judge Richard A. Lazzara on 8/31/2010. (CCB)
August 31, 2010 Filing 473 MOTION to compel Production of Documents in Compliance with Non-Party Subpoena by Burton W. Wiand. (Attachments: # 1 Exhibit A)**Attachment A image removed; personal identifiers**(Lamont, Michael) Modified on 9/1/2010 (JLH).
August 31, 2010 Filing 472 NOTICE by E. John Lopez, Norton Hammersley Lopez & Skokos and Request to Stop Electronic Notice (Chapman, John)
August 30, 2010 Opinion or Order Filing 471 ORDER/NOTICE canceling pretrial conference scheduled for 12/2/2010 and trial scheduled for 1/3/2011. (SKH)
August 27, 2010 Filing 470 Minute Entry. Proceedings held before Judge Richard A. Lazzara: Motion Hearing held on 8/27/2010 re #456 MOTION for Hearing and for Instructions filed by E. John Lopez, Norton Hammersley Lopez & Skokos. Court Reporter: Claudia Spangler-Fry (MSS)
August 27, 2010 Sealed document S-2 (JLH)
August 27, 2010 Sealed document S-3 (JLH)
August 23, 2010 Opinion or Order Filing 469 ORDER ATTACHED granting #468 Receiver's Motion to Approve Settlement with Michael Burgess associated with Case No. 8:10-cv-68-T-17MAP. Signed by Judge Richard A. Lazzara on 8/23/2010. (CCB)
August 20, 2010 Filing 468 MOTION to Approve Settlement by Burton W. Wiand. (Attachments: #1 Exhibit A)(Morello, Gianluca)
August 19, 2010 Opinion or Order Filing 467 ORDER ATTACHED denying #463 Motion for protective order and cancelling hearing scheduled on this motion on 8/27/2010 at 8:30 a.m. Signed by Judge Richard A. Lazzara on 8/19/2010. (SKH)
August 19, 2010 Filing 466 NOTICE of Hearing on Motion #463 for Protective Order as to Subpoena Duces Tecum: Motion Hearing scheduled Friday, August 27, 2010 at 8:30 a.m., in Courtroom 15B before Judge Richard A. Lazzara. (SKH)
August 19, 2010 Opinion or Order Filing 465 ENDORSED ORDER directing Burton W. Wiand to respond to #463 Non-Party IberiaBank's Objection and Motion for Protective Order as to Subpoena Duces Tecum. Responses due by 8/26/2010 at 12:00 p.m., and scheduling hearing on the Motion on Friday, August 27, 2010, at 8:30 a.m. Signed by Judge Richard A. Lazzara on 8/19/2010. (SKH)
August 18, 2010 Filing 464 RESPONSE to motion re #456 MOTION for Hearing and for Instructions filed by Burton W. Wiand. (Attachments: #1 Exhibit A, #2 Exhibit B)(Morello, Gianluca)
August 18, 2010 Filing 463 MOTION for protective order as to Subpoena Duces Tecum, and Supporting Memorandum of Law by IBERIABANK. (Rollins, Traci)
August 18, 2010 Filing 462 STATUS REPORT The Receiver's Sixth Interim Report by Burton W. Wiand. (Attachments: #1 Exhibit A, #2 Exhibit B)(Morello, Gianluca)
August 18, 2010 Filing 461 JUDGMENT OF PERMANENT INJUNCTION and other relief in favor of Securities and Exchange Commission against Arthur Nadel (Signed by Richard A. Lazzara) (JLH)
August 18, 2010 Opinion or Order Filing 460 JUDGMENT OF PERMANENT INJUNCTION and other relief as to Defendant Arthur Nadel. ORDER granting #457 Motion to Approve Consent Judgment. Signed by Judge Richard A. Lazzara on 8/18/2010. (See order) (MSS)
August 18, 2010 Filing 459 NOTICE of Hearing: Hearing scheduled Friday, August 27, 2010 at 8:30 a.m. in Courtroom 15B before Judge Richard A. Lazzara on Movants' request for in-camera hearing and court instruction. (SKH)
August 18, 2010 Opinion or Order Filing 458 ENDORSED ORDER granting #456 Motion for Hearing. Hearing scheduled Friday, August 27, 2010, at 8:30 a.m. Signed by Judge Richard A. Lazzara on 8/18/2010. (SKH)
August 17, 2010 Filing 457 MOTION to Approve Consent Judgment and Notice of Filing Consent of Defendant Arthur Nadel by Securities and Exchange Commission. (Attachments: #1 Consent of Defendant Arthur Nadel, #2 Text of Proposed Order (Proposed Judgment of Permanent Injunction and Other Relief As to Defendant Arthur Nadel))(Masel, Scott)
August 17, 2010 Filing 456 MOTION for Hearing and for Instructions by E. John Lopez, Norton Hammersley Lopez & Skokos. (Chapman, John)
August 11, 2010 Filing 455 NOTICE of Appearance by Michael A. Nardella on behalf of LandMark Bank of Florida (Nardella, Michael)
August 9, 2010 Opinion or Order Filing 454 ORDER ATTACHED granting #453 Receiver's Motion to Expand Receivership to Include Traders Investment Club. Signed by Judge Richard A. Lazzara on 8/9/2010. (CCB)
August 9, 2010 Filing 453 Unopposed MOTION for miscellaneous relief, specifically Expand Receivership to Include Traders Investment Club by Burton W. Wiand. (Attachments: #1 Declaration of Burton Wiand, As Receiver, In Support of Motion to Expand, #2 Exhibit A to Declaration of Burton Wiand In Support of Motion to Expand)(Morello, Gianluca)
August 4, 2010 Opinion or Order Filing 452 ORDER ATTACHED granting #450 Receiver's Motion to Approve Settlement with Anton Bruehl, individually and as Trustee of the Bruehl Family Trust. Signed by Judge Richard A. Lazzara on 8/4/2010. (CCB)
August 4, 2010 Opinion or Order Filing 451 ORDER granting #449 Motion to approve the Sale of Real property located in Newnan, Coweta County, Georgia. Signed by Judge Richard A. Lazzara on 8/4/2010. (JLH)
August 3, 2010 Filing 450 MOTION to Approve Settlement re: Anton Bruehl, individually and as Trustee of the Bruehl Family Trust by Burton W. Wiand. (Attachments: #1 Exhibit A-Settlement Agreement)(Lamont, Michael)
August 3, 2010 Filing 449 Unopposed MOTION for miscellaneous relief, specifically Approve the Sale of Real Property Located in Newnan, Coweta County, Georgia by Burton W. Wiand. (Attachments: #1 Exhibit A, #2 Exhibit B)(Morello, Gianluca)
July 29, 2010 Opinion or Order Filing 448 ORDER ATTACHED granting #445 Receiver's Motion to Approve Exchange of Warrants for Common Shares of Bonds.com. Signed by Judge Richard A. Lazzara on 7/29/2010. (CCB)
July 29, 2010 Opinion or Order Filing 447 ORDER ATTACHED granting #446 Receiver's Motion to Approve Settlement with Stephen Kraus and associated with 8:10-cv-137-T-17MAP. Signed by Judge Richard A. Lazzara on 7/29/2010. (CCB)
July 29, 2010 Filing 446 MOTION to Approve Settlement re: Stephen Kraus by Burton W. Wiand. (Attachments: #1 Exhibit A - Settlement Agreement)(Lamont, Michael)
July 29, 2010 Filing 445 Unopposed MOTION for miscellaneous relief, specifically Approve Exchange of Warrants for Common Stock of Bonds.com by Burton W. Wiand. (Attachments: #1 Exhibit A)(Lamont, Michael)
July 21, 2010 Opinion or Order Filing 444 ORDER ATTACHED granting #443 Receiver's Motion to Approve Settlement with Caryn Comer associated with Case No. 8:10-cv-207-T-17MAP and with Christopher Comer associated with Case No. 8:10-cv-95-T-17MAP. Signed by Judge Richard A. Lazzara on 7/21/2010. (CCB)
July 20, 2010 Filing 443 MOTION to Approve Settlement re: Caryn Comer and Christopher Comer by Burton W. Wiand. (Attachments: #1 Exhibit A-Settlement Agreement)(Lamont, Michael)
July 20, 2010 Opinion or Order Filing 442 ORDER ATTACHED granting #441 Receiver's Motion to Approve Settlement with James R. Mahoney associated with case no. 8:10-cv-127-T17MAP. Signed by Judge Richard A. Lazzara on 7/20/2010. (CCB)
July 20, 2010 Filing 441 MOTION to Approve Settlement re: James R. Mahoney by Burton W. Wiand. (Attachments: #1 Exhibit A - Settlement Agreement)(Lamont, Michael)
July 20, 2010 Opinion or Order Filing 440 ORDER that Arthur Nadel and Marguerite Nadel shall cooperate with the Receiver. Signed by Judge Richard A. Lazzara on 7/20/2010. (See attached order for details)(MSS)
July 19, 2010 Opinion or Order Filing 439 ORDER ATTACHED denying [434 & 437] Motion for Possession of Funds and for Order to Show Cause. Signed by Judge Richard A. Lazzara on 7/19/2010. (CCB)
July 19, 2010 Filing 438 Minute Entry. Proceedings held before Judge Richard A. Lazzara: Show Cause Hearing held on 7/19/2010. Court Reporter: Claudia Spangler-Fry (MSS)
July 16, 2010 Filing 437 SUPPLEMENT re #434 Emergency MOTION for miscellaneous relief, specifically (1) Possession of Funds and (2) Order to Show Cause As To Why Marguerite Nadel, Michael D. Zucker, and E. John Lopez Should Not Be Held In ContemptEmergency MOTION for miscellaneous relief, specifically (1) Possession of Funds and (2) Order to Show Cause As To Why Marguerite Nadel, Michael D. Zucker, and E. John Lopez Should Not Be Held In Contempt by Burton W. Wiand. (Lamont, Michael)
July 15, 2010 Filing 436 NOTICE OF HEARING: Show Cause Hearing scheduled Monday, July 19, 2010 at 8:30 a.m., in Courtroom 15B before Judge Richard A. Lazzara. (SKH)
July 15, 2010 Opinion or Order Filing 435 ORDER scheduling hearing on Receiver's Verified Motion for Possession of Funds and Motion for Order to Show Cause. Hearing scheduled 7/19/2010 at 8:30 a.m., 801 N. Florida Ave., Chambers 15B, Tampa, Florida. Receiver: see special mailing instructions. Signed by Judge Richard A. Lazzara on 7/15/2010. (SKH)
July 15, 2010 Filing 434 Emergency MOTION for miscellaneous relief, specifically (1) Possession of Funds and (2) Order to Show Cause As To Why Marguerite Nadel, Michael D. Zucker, and E. John Lopez Should Not Be Held In Contempt by Burton W. Wiand. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Morello, Gianluca)
July 12, 2010 Opinion or Order Filing 433 ORDER granting #432 sale of 1971 Cherokee Piper Aircraft. Signed by Judge Richard A. Lazzara on 7/12/2010. (KIT)
July 9, 2010 Filing 432 Unopposed MOTION for miscellaneous relief, specifically Approve the Sale of 1971 Cherokee Piper PA-28-140 Aircraft Receiver's Unopposed Verified Motion to Approve the Sale of 1971 Cherokee Piper PA-28-140 Aircraft by Burton W. Wiand. (Morello, Gianluca)
July 7, 2010 Opinion or Order Filing 431 ORDER granting #430 Motion to depose Arthur Nadel. Signed by Judge Richard A. Lazzara on 7/7/2010. (MSS)
July 6, 2010 Filing 430 MOTION for miscellaneous relief, specifically for Leave to Depose Incarcerated Defendant by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Masel, Scott)
June 26, 2010 Opinion or Order Filing 429 ORDER ATTACHED granting Receiver's Motion to Approve Settlement (427). The Court approves the written settlement agreement attached to the motion. Signed by Judge Richard A. Lazzara on 6/26/2010. (SKH)
June 26, 2010 Opinion or Order Filing 428 ORDER ATTACHED granting Receiver's Motion to Approve Settlement (426). The Court approves the written settlement agreement attached to the motion. Signed by Judge Richard A. Lazzara on 6/26/2010. (SKH)
June 25, 2010 Filing 427 MOTION to Approve Settlement re: Long Island Market Neutral Fund and ABN AMRO Bank N.V. n/k/a The Royal Bank of Scotland N.V. by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
June 25, 2010 Filing 426 MOTION to Approve Settlement re: David Cava, as Trustee of the Edmund Cava Trust, et al. by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
June 24, 2010 Filing 425 NOTICE cancelling discovery hearing scheduled for Friday, June 25, 2010. (CCB)
June 24, 2010 Opinion or Order Filing 424 ORDER ATTACHED denying #416 Motion to Quash. Signed by Judge Richard A. Lazzara on 6/24/2010. (CCB)
June 23, 2010 Filing 423 RESPONSE in opposition re #416 MOTION to quash Receiver's Subpoena to SunTrust Bank and Joining in Receiver's Response filed by Securities and Exchange Commission. (Masel, Scott)
June 23, 2010 Filing 422 NOTICE by Burton W. Wiand of Filing Magistrate Judge Mark A. Pizzo's Order denying Defendants' Motion for entry of a Protective Order in Related Case (Attachments: #1 Order denying Defendants' Motion for entry of a Protective Order)(Morello, Gianluca)
June 23, 2010 Filing 421 DECLARATION of Burton W. Wiand, as Receiver re #420 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)(Morello, Gianluca)
June 23, 2010 Filing 420 RESPONSE in opposition re #416 MOTION to quash Receiver's Subpoena to SunTrust Bank filed by Burton W. Wiand. (Morello, Gianluca)
June 21, 2010 Filing 419 NOTICE by Donald H. Rowe of Filing Motion for Protective Order in Related Case (Attachments: #1 Motion for Entry of Protective Order, #2 Exhibit "A" to Motion for Entry of Protective Order, #3 Exhibit "B" to Motion for Entry of Protective Order)(Cox, Karen)
June 17, 2010 Filing 418 NOTICE of Hearing on Motion to Quash (Dkt. 416) set for Friday, June 25, 2010 at 10:30 AM in Tampa Courtroom 15 B before Judge Richard A. Lazzara. (CCB)
June 17, 2010 Opinion or Order Filing 417 ENDORSED ORDER: The Receiver is directed to file a response to the Motion to Quash (Dkt. 416) on or before June 23, 2010. Signed by Judge Richard A. Lazzara on 6/17/2010. (CCB)
June 16, 2010 Filing 416 MOTION to quash Receiver's Subpoena to SunTrust Bank by Donald H. Rowe. (Attachments: #1 Exhibit 1)(Moe, Anne-Leigh)
June 14, 2010 Opinion or Order Filing 415 ORDER ATTACHED granting #414 Receiver's Motion to Approve Settlement with June Cunningham, individually and as Trustee of the Dale Cunningham Trust. Signed by Judge Richard A. Lazzara on 6/14/2010. (CCB)
June 14, 2010 Filing 414 MOTION to Approve Settlement re: June Cunningham, individually and as Trustee of the Dale Cunningham Trust by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
June 11, 2010 Opinion or Order Filing 413 ORDER ATTACHED granting #411 Receiver's Motion to Approve Settlement with Bruce Wilson and associated with 8:10-cv-115-T17MAP. Signed by Judge Richard A. Lazzara on 6/11/2010. (CCB)
June 11, 2010 Opinion or Order Filing 412 ORDER ATTACHED granting #410 Receiver's Motion to Approve Settlement with Jason Investment Co., LLC, and associated with 8:10-cv-87-T-17MAP. Signed by Judge Richard A. Lazzara on 6/11/2010. (CCB) Modified on 6/11/2010 (CB).
June 11, 2010 Filing 411 MOTION to Approve Settlement re: Bruce Wilson by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
June 11, 2010 Filing 410 MOTION to Approve Settlement re: Jason Investment Co., LLC by Burton W. Wiand. (Attachments: #1 Exhibit A- Executed Settlement Agreement)(Lamont, Michael)
June 3, 2010 Opinion or Order Filing 409 ORDER ATTACHED granting #408 Receiver's Motion to Approve Settlement with Wilbur B. Sypherd and Sharon Sypherd, both individually and as Co-Trustees of the Sypherd Revocable Family Trust dated 12/15/89, and associated with case no. 8:10-cv-174-T-17MAP. Signed by Judge Richard A. Lazzara on 6/3/2010. (CCB)
June 2, 2010 Filing 408 MOTION to Approve Settlement re: Wilbur B. Sypherd, individually and as Co-Trustee of the Sypherd Revocable Family Trust Dated 12/15/89, and Sharon Sypherd as Co-Trustee of the Sypherd Revocable Family Trust Dated 12/15/89 by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
May 28, 2010 Opinion or Order Filing 407 ORDER ATTACHED granting #406 Receiver's Motion to Approve Settlement with Nanette Mock (Case No. 8:10-cv-128-T-17MAP). Signed by Judge Richard A. Lazzara on 5/28/2010. (CCB)
May 28, 2010 Filing 406 MOTION to Approve Settlement re: Nanette Mock by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
May 26, 2010 Opinion or Order Filing 405 ORDER ATTACHED granting Receiver's Motion to Approve Settlement (403). The Court approves the written settlement agreement attached to the motion entered into between the Receiver and William Hirons, as Trustee of the William Hirons Revocable Trust. Signed by Judge Richard A. Lazzara on 5/26/2010.(SKH)
May 26, 2010 Opinion or Order Filing 404 ORDER ATTACHED granting Receiver's Motion to Approve Settlement (402). The Court approves the written settlement agreement attached to the motion entered into between the Receiver and Jose Rodriguez. Signed by Judge Richard A. Lazzara on 5/26/2010. (SKH)
May 25, 2010 Filing 403 MOTION to Approve Settlement re: William Hirons, as Trustee of the William Hirons Revocable Trust by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
May 25, 2010 Filing 402 MOTION to Approve Settlement re: Jose Rodriguez by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
May 20, 2010 Opinion or Order Filing 401 ORDER ATTACHED granting Receiver's Motion to Approve Settlement #400. The Court approves the written settlement agreement attached to the motion entered into between the Receiver and Gail Ensinger, as Trustee of the Gail Ensinger Trust. Signed by Judge Richard A. Lazzara on 5/20/2010. (SKH)
May 20, 2010 Filing 400 MOTION to Approve Settlement re: Gail Ensinger, as Trustee of the Gail Ensinger Trust by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
May 17, 2010 Mail returned as Undeliverable re: 397 Order on Motion to Approve Settlement. Mail resent to Arthur Nadel. (JLH)
May 17, 2010 Mail returned as Undeliverable re: #397 Order on Motion to Approve Settlement. Mail resent to Arthur Nadel. (JLH)
May 12, 2010 Opinion or Order Filing 399 ORDER ATTACHED granting #398 the Receiver's Motion to Approve Settlement with Alliance Equities, LLC. Signed by Judge Richard A. Lazzara on 5/12/2010. (CCB)
May 12, 2010 Filing 398 MOTION to Approve Settlement re: Alliance Equities, LLC by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement re Alliance Equities, LLC)(Lamont, Michael)
May 3, 2010 Opinion or Order Filing 397 ORDER ATTACHED granting #396 Receiver's Motion to Approve Settlement with Everett O. Jones as Trustee of the Lucy Lee Jones Trust dtd 2/23/90. Signed by Judge Richard A. Lazzara on 5/3/2010. (CCB)
May 3, 2010 Filing 396 MOTION to Approve Settlement re: Everett O. Jones as trustee of the Lucy Lee Jones Trust dtd 2/23/90 by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
April 23, 2010 Opinion or Order Filing 395 ORDER granting #392 Motion for attorney fees. Signed by Judge Richard A. Lazzara on 4/23/2010. (see order) (MSS)
April 23, 2010 Opinion or Order Filing 394 ORDER ATTACHED granting Receiver's Motion to Approve Settlement (393). The Court approves the written settlement agreement attached to the motion entered into between the Receiver and Don Zinman. Signed by Judge Richard A. Lazzara on 4/23/2010. (SKH)
April 23, 2010 Filing 393 MOTION to Approve Settlement re: Don Zinman by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement re Don Zinman)(Lamont, Michael)
April 21, 2010 Filing 392 UNOPPOSED FIFTH INTERIM MOTION for order awarding attorney fees, costs and reimbursement of costs to receiver and his professional by Burton W. Wiand. (Attachments: #1 Exhibit 1 Standard Fund accounting reports, #2 Exhibit 2 Fourth Interim Report Part 1, #3 Exhibit 2-2 Fourth Interim Report Part 2, #4 Exhibit 3 Fifth Interim Report Part 1, #5 Exhibit 3 Fifth Interim Report Part 2, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17 part 1, #20 Exhibit 17 part 2, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30 part 1, #34 Exhibit 30 part 2, #35 Exhibit 30 part 3, #36 Exhibit 31, #37 Exhibit 32, #38 Exhibit 33 proposed order)(JLH)
April 21, 2010 Opinion or Order Filing 391 ORDER granting #390 Motion to 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 4/21/2010. (see order) (MSS)
April 20, 2010 Filing 390 Unopposed MOTION for miscellaneous relief, specifically 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 and Incorporated Memorandum of Law by Burton W. Wiand. (Attachments: #1 Exhibit A - Proof of Claim Form, #2 Exhibit B - Notice of Deadline Requiring Filing of Proofs of Claim, #3 Exhibit C - Proposed Order)(Morello, Gianluca)
April 13, 2010 Opinion or Order Filing 389 ORDER ATTACHED granting #388 Receiver's Motion to Approve Settlement with Michael Elkin. Signed by Judge Richard A. Lazzara on 4/13/2010. (CCB)
April 13, 2010 Filing 388 MOTION to Approve Settlement re: Michael Elkin by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement re Michael Elkin)(Lamont, Michael)
April 7, 2010 Opinion or Order Filing 387 ENDORSED ORDER granting #386 Motion to Withdraw as Attorney for Receiver. The clerk is directed to term withdrawing counsel. Signed by Judge Richard A. Lazzara on 4/7/2010. (CCB) Modified on 4/7/2010 (SKH).
April 7, 2010 Filing 386 MOTION for Carl R. Nelson and Ashley Bruce Trehan to withdraw as attorney by Burton W. Wiand. (Nelson, Carl)
April 7, 2010 Opinion or Order Filing 385 ORDER ATTACHED granting #384 Receiver's Motion to Approve Settlement with Barbara Edgecombe and Michael Scott Edgecombe. Signed by Judge Richard A. Lazzara on 4/7/2010. (CCB)
April 6, 2010 Filing 384 MOTION to Approve Settlement re: Barbara Edgecombe and Michael Scott Edgecombe by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
April 5, 2010 Opinion or Order Filing 383 ORDER ATTACHED granting #382 Motion to Approve Settlement between the Receiver and Robert Graetz. Signed by Judge Richard A. Lazzara on 4/5/2010. (SKH)
April 5, 2010 Filing 382 MOTION to Approve Settlement re: Robert E. Graetz by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
April 2, 2010 Opinion or Order Filing 381 ORDER ATTACHED granting #380 Motion to Approve Settlement between the Receiver and William J. Beard and R. Jean Beard, as Co-Trustees of the William J. and R. Jean Beard Joint Trust. Signed by Judge Richard A. Lazzara on 4/2/2010. (SKH)
April 2, 2010 Filing 380 MOTION to Approve Settlement re: William J. Beard and R. Jean Beard, as Co-Trustees of the William J. and R. Jean Beard Joint Trust by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
April 1, 2010 Opinion or Order Filing 379 ORDER ATTACHED granting #378 Receiver's Motion to Approve Settlement with Paul C. Smith and Leonore Smith, as Co-Trustees of the Smith Revocable Family Trust did 8/3/1989. Signed by Judge Richard A. Lazzara on 4/1/2010. (CCB)
March 31, 2010 Filing 378 MOTION to Approve Settlement re: Paul C. Smith and Leonore Smith, as Co-Trustees of the Smith Revocable Family Trust dtd 08/03/1989 by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
March 26, 2010 Opinion or Order Filing 377 ORDER ATTACHED granting #376 Receiver's Motion to Approve Settlement with John Klein, Jr. Signed by Judge Richard A. Lazzara on 3/26/2010. (CCB)
March 26, 2010 Filing 376 MOTION to Approve Settlement re: John Klein, Jr. by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
March 26, 2010 Opinion or Order Filing 375 ORDER ATTACHED granting #374 Receiver's Motion to Approve Settlement with Logan Trucking, Inc. Signed by Judge Richard A. Lazzara on 3/26/2010. (CCB)
March 26, 2010 Filing 374 MOTION to Approve Settlement re: Logan Trucking, Inc. by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement re Logan Trucking, Inc.)(Lamont, Michael)
March 25, 2010 Opinion or Order Filing 373 ORDER ATTACHED granting Receiver's Motion to Approve Settlement (Dkt. 372). The Court approves the written settlement agreements attached to the motion entered into between the Receiver and David Quade and Susan Schuster. Signed by Judge Richard A. Lazzara on 3/25/2010. (SKH)
March 25, 2010 Filing 372 MOTION to Approve Settlement re: David Quade by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement re Quade, #2 Exhibit B - Executed Settlement Agreement re Quade and Schuster)(Lamont, Michael)
March 24, 2010 Opinion or Order Filing 371 ORDER granting #370 Motion to approve sale of 2006 Subaru Outback Legacy. Signed by Judge Richard A. Lazzara on 3/24/2010. (MSS)
March 23, 2010 Filing 370 Unopposed MOTION for miscellaneous relief, specifically to Approve the Sale of 2006 Subaru Outback Legacy by Burton W. Wiand. (Attachments: #1 Text of Proposed Order)(Morello, Gianluca)
March 19, 2010 Opinion or Order Filing 368 ORDER ATTACHED granting #367 Motion to Approve Settlement between the Receiver and Brian Gordon and Zachary Gordon. Signed by Judge Richard A. Lazzara on 3/19/2010. (SKH)
March 18, 2010 Opinion or Order Filing 369 ORDER of USCA ENTRY OF DISMISSAL as to #235 Notice of appeal filed by William F Bishop. EOD: 03/16/10; Issued as mandate. USCA number: 09-16007-HH. (JMS)
March 18, 2010 Filing 367 MOTION to Approve Settlement re: Brian Gordon and Zachary Gordon by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
March 17, 2010 Opinion or Order Filing 366 ORDER ATTACHED granting #365 Motion to Approve Settlement between the Receiver and Paula J. Woods and Janine L. Stiffler, individually, and as Co-Trustees of the Paul W. Albro Revocable Family Trust U/A Dtd 05-28-83. Signed by Judge Richard A. Lazzara on 3/17/2010. (SKH)
March 17, 2010 Filing 365 MOTION to Approve Settlement re: Paula J. Woods and Janine L. Stiffler, individually and as Co-Trustees of the Paul W. Albro Revocable Family Trust U/A Dtd 05-28-83 by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
March 15, 2010 Opinion or Order Filing 364 ORDER ATTACHED granting #363 Motion to Approve Settlement between the Receiver and Kenneth Ackerman. Signed by Judge Richard A. Lazzara on 3/15/2010. (SKH)
March 15, 2010 Filing 363 MOTION to Approve Settlement re: Kenneth Ackerman by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement re Kenneth Ackerman)(Lamont, Michael)
March 10, 2010 Filing 362 STATUS REPORT Receiver's Fifth Interim Report (11/1/09-1/31/10) by Burton W. Wiand. (Attachments: #1 Exhibit A - Standardized Fund Accounting Report 11/1/09-1/31/10)(Morello, Gianluca)
March 10, 2010 Opinion or Order Filing 361 ORDER attached granting #360 Receiver's Motion to Approve Settlement with Sanford H. Webster and Mary S. Webster (case no. 8:10-cv-72-T-17MAP). Signed by Judge Richard A. Lazzara on 3/10/2010. (CCB)
March 10, 2010 Filing 360 MOTION to Approve Settlement re: Sanford H. Webster and Mary S. Webster, as Trustees of the Webster Revocable Trust dated 3-8-82 by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
March 5, 2010 Opinion or Order Filing 359 ORDER ATTACHED granting #358 Receiver's Motion to Approve Settlement with Gary Keller (case no. 8:10-cv-88-T-17MAP). Signed by Judge Richard A. Lazzara on 3/5/2010. (CCB)
March 4, 2010 Filing 358 MOTION to Approve Settlement re: Gary Keller by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Lamont, Michael)
March 2, 2010 Opinion or Order Filing 357 ORDER granting #356 Unopposed Verified Motion to approve sale of 1997 Jeep Wrangler. Signed by Judge Richard A. Lazzara on 3/2/2010. (MSS)
March 2, 2010 Filing 356 Unopposed MOTION for miscellaneous relief, specifically to Approve the Sale of 1997 Jeep Wrangler by Burton W. Wiand. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - Picture of Jeep)(Morello, Gianluca)
March 2, 2010 Opinion or Order Filing 355 ORDER granting #353 Unopposed Motion to convey property located at 512 Paul Morris Drive, Englewood, Florida. Signed by Judge Richard A. Lazzara on 3/2/2010. (See order) (MSS)
March 1, 2010 Filing 354 DECLARATION of Burton W. Wiand re #353 MOTION for miscellaneous relief, specifically to Convey Property Located at 512 Paul Morris Drive, Englewood, Florida by Burton W. Wiand. (Morello, Gianluca)
March 1, 2010 Filing 353 MOTION for miscellaneous relief, specifically to Convey Property Located at 512 Paul Morris Drive, Englewood, Florida by Burton W. Wiand. (Attachments: #1 Exhibit 1 - Proposed Order)(Morello, Gianluca)
February 26, 2010 Opinion or Order Filing 352 ORDER granting #350 Motion to approve the sale of Receivership property know as the Woodland Heights Subdivision. Signed by Judge Richard A. Lazzara on 2/26/2010. (See order) (MSS)
February 25, 2010 Filing 351 DECLARATION of Burton W. Wiand, as Receiver re #350 MOTION for miscellaneous relief, specifically to Approve the Sale of the Woodland Heights Subdivision Located in Thomasville, Georgia and Agreement with Thomasville National Bank by Burton W. Wiand. (Attachments: #1 Exhibit 1 - Purchase and Sale and Agreement, #2 Exhibit 2 - Agreement between TNB and B. Wiand, #3 Exhibit 3 - Legal Description of Woodland Heights Subdivision, #4 Exhibit 4 - Receiver's Quitclaim Deed)(Morello, Gianluca)
February 25, 2010 Filing 350 MOTION for miscellaneous relief, specifically to Approve the Sale of the Woodland Heights Subdivision Located in Thomasville, Georgia and Agreement with Thomasville National Bank by Burton W. Wiand. (Attachments: #1 Text of Proposed Order)(Morello, Gianluca)
February 22, 2010 Opinion or Order Filing 349 ORDER ATTACHED granting Receiver's Motion to Approve Settlement (346). The Court approves the written settlement agreement attached to the motion entered into between the Receiver and Raymond Hill. Signed by Judge Richard A. Lazzara on 2/22/2010. (SKH)
February 22, 2010 Opinion or Order Filing 348 ORDER ATTACHED granting Receiver's Motion to Approve Settlement (345). The Court approves the written settlement agreement attached to the motion entered into between the Receiver and James G. Kapralos, as Trustee of the James G. Kapralos Trust. Signed by Judge Richard A. Lazzara on 2/22/2010. (SKH)
February 22, 2010 Opinion or Order Filing 347 ORDER ATTACHED granting Receiver's Motion to Approve Settlement (344). The Court approves the written settlement agreement attached to the motion entered into between the Receiver and Argenta Fund, Ltd. Signed by Judge Richard A. Lazzara on 2/22/2010. (SKH)
February 19, 2010 Filing 346 MOTION to Approve Settlement re: Raymond Hill by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca)
February 19, 2010 Filing 345 MOTION to Approve Settlement re: James G. Kapralos, as Trustee of the James G. Kapralos Trust by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca)
February 19, 2010 Filing 344 MOTION to Approve Settlement re: Argenta Fund, Ltd. by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca)
February 17, 2010 Opinion or Order Filing 343 ORDER ATTACHED granting Receiver's Motion to Approve Settlement (342). The Court approves the written settlement agreement attached to the motion entered into between the Receiver and the Beyer Trusts. Signed by Judge Richard A. Lazzara on 2/17/2010. (SKH)
February 17, 2010 Filing 342 MOTION to Approve Settlement re: Frances P. Beyer, Trustee for the Edward F. Beyer Trust and Frances P. Beyer, Trustee for the Frances P. Beyer Trust by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement re Frances P. Beyer)(Morello, Gianluca)
February 16, 2010 Opinion or Order Filing 341 ORDER of USCA ENTRY OF DISMISSAL pursuant to Appellant Motion to Dismiss as to #277 Notice of appeal filed by Donald H. Rowe. EOD: 02/12/10; USCA number: 09-16437-HH. Issued as mandate. (JMS)
February 12, 2010 Opinion or Order Filing 340 ORDER granting #338 Motion to Approve Settlement between the Receiver and Sandcastle Partners, L.P. Signed by Judge Richard A. Lazzara on 2/12/2010. (SKH)
February 12, 2010 Opinion or Order Filing 339 ORDER ATTACHED granting #337 Motion to Approve Settlement between the Receiver and Leslie R. Collier, as Trustee of the Lester Haynes Blackburn Trust. Signed by Judge Richard A. Lazzara on 2/12/2010. (SKH)
February 12, 2010 Filing 338 MOTION to Approve Settlement re: Sandcastle Partners, L.P. by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca)
February 12, 2010 Filing 337 MOTION to Approve Settlement re: Leslie R. Collier, as Trustee of the Lester Haynes Blackburn Trust by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca)
February 9, 2010 Opinion or Order Filing 336 ORDER ATTACHED granting #335Receiver's Motion to Approve Settlement with Edwin and Elizabeth Roberts. Signed by Judge Richard A. Lazzara on 2/9/2010. (CCB)
February 8, 2010 Filing 335 MOTION to Approve Settlement re: Edwin and Elizabeth Roberts by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca)
February 1, 2010 Opinion or Order Filing 334 ORDER ATTACHED granting #333 Receiver's Motion to Approve Settlement with Gerald Gordon. Signed by Judge Richard A. Lazzara on 2/1/2010. (CCB)
February 1, 2010 Filing 333 MOTION to Approve Settlement re: Gerald Gordon by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca)
January 29, 2010 Opinion or Order Filing 332 ORDER ATTACHED granting #330 Motion to modify injunction. Signed by Judge Richard A. Lazzara on 1/29/2010. (SKH)
January 29, 2010 Opinion or Order Filing 331 ENDORSED ORDER finding as moot #328 Motion for Modification of Injunction. Amended motion filed at #330. Signed by Judge Richard A. Lazzara on 1/29/2010. (SKH)
January 29, 2010 Filing 330 Amended MOTION to modify Injunction by Louis Paolino. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Bentley, Morgan)
January 29, 2010 Filing 329 RESPONSE to motion re #328 Unopposed MOTION to modify Injunction filed by Burton W. Wiand. (Morello, Gianluca)
January 28, 2010 Filing 328 Unopposed MOTION to modify Injunction by Louis Paolino. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Bentley, Morgan)
January 28, 2010 Opinion or Order Filing 327 ORDER ATTACHED granting #324 Receiver's Motion for Possession of and Title to Real Property Located at 464 Golden Gate POint, Unit 703, Sarasota, Florida. Signed by Judge Richard A. Lazzara on 1/28/2010. (CCB)
January 27, 2010 Filing 326 SUPPLEMENT re #324 MOTION for miscellaneous relief, specifically Possession of and Title to Real Property Located at 464 Golden Gate Point, Unit 703, Sarasota, Florida -- Supplement to Local Rule 3.01(g) Certification by Burton W. Wiand. (Morello, Gianluca)
January 27, 2010 Filing 325 DECLARATION of Burton W. Wiand re #324 MOTION for miscellaneous relief, specifically Possession of and Title to Real Property Located at 464 Golden Gate Point, Unit 703, Sarasota, Florida 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)(Morello, Gianluca)
January 27, 2010 Filing 324 MOTION for miscellaneous relief, specifically Possession of and Title to Real Property Located at 464 Golden Gate Point, Unit 703, Sarasota, Florida by Burton W. Wiand. (Morello, Gianluca)
January 21, 2010 Opinion or Order Filing 323 ORDER ATTACHED denying without prejudice for failure to comply with Local Rule 3.01(g) #322 Motion to Modify. Parties are directed to confer personally in accord with the attached order. Signed by Judge Richard A. Lazzara on 1/21/2010. (CCB)
January 21, 2010 Filing 322 Emergency MOTION to modify Injunction by Louis Paolino. (Attachments: #1 Exhibit 1 - Lis Pendens, #2 Exhibit 2 - Warranty Deed, #3 Exhibit 3 - Consent to Sale)(Bentley, Morgan)
January 20, 2010 Opinion or Order Filing 321 ORDER granting and approving #254 Motion for sale of certain assets of Venice Jet Center as outlined in the attached Order. Signed by Judge Richard A. Lazzara on 1/20/2010. (SKH)
January 20, 2010 Filing 320 REPLY to response to motion re #254 MOTION for miscellaneous relief, specifically for Approval of Sale of The Assets of the Venice Jet Center and Agreement with Northern Trust, N.A. filed by Burton W. Wiand. (Morello, Gianluca)
January 19, 2010 Opinion or Order Filing 319 ORDER ATTACHED granting Receiver's Motion to Approve Settlement (314). The Court approves the written settlement agreement attached to the motion entered into between the Receiver and Elizabeth Ward. Signed by Judge Richard A. Lazzara on 1/19/2010. (SKH)
January 19, 2010 Opinion or Order Filing 318 ORDER ATTACHED granting Receiver's Motion to Approve Settlement (313). The Court approves the written settlement agreement attached to the motion entered into between the Receiver and The Zinn Family Trust. Signed by Judge Richard A. Lazzara on 1/19/2010. (SKH)
January 19, 2010 Opinion or Order Filing 317 AMENDED ORDER ATTACHED directing Receiver to reply to additional issues on or before 1/21/2010. Signed by Judge Richard A. Lazzara on 1/19/2010. (CCB)
January 19, 2010 Opinion or Order Filing 316 ORDER granting #315 Motion Reappointing Receiver and that Burton W. Wiand is reappointed the Receiver over the Defendants. Signed by Judge Richard A. Lazzara on 1/19/2010. (See order) (MSS)
January 18, 2010 Filing 315 Unopposed MOTION for miscellaneous relief, specifically Reappoint Receiver by Burton W. Wiand. (Attachments: #1 Text of Proposed Order)(Morello, Gianluca)
January 18, 2010 Filing 314 MOTION to Approve Settlement re: Elizabeth Ward by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca)
January 18, 2010 Filing 313 MOTION to Approve Settlement re: the Zinn Family Trust by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca)
January 15, 2010 ACKNOWLEDGMENT by USCA of receiving appeal filing fee on 1/12/2010 re #277 Notice of appeal. USCA number: 09-16437-H. (JNB)
January 15, 2010 ACKNOWLEDGMENT by USCA of receiving appeal filing fee on 1/12/2010 re 277 Notice of appeal. USCA number: 09-16437-H. (JNB)
January 15, 2010 Opinion or Order Filing 312 ORDER ATTACHED directing Burton W. Wiand to File a Reply Memorandum to the Response to #254 the Receiver's Motion for Approval of Sale of The Assets of the Venice Jet Center on or before 1/21/2010. Signed by Judge Richard A. Lazzara on 1/15/2010. (CCB)
January 15, 2010 Filing 311 RESPONSE to motion re #254 MOTION for miscellaneous relief, specifically for Approval of Sale of The Assets of the Venice Jet Center and Agreement with Northern Trust, N.A. filed by City of Venice. (Hildreth, Mark)
January 13, 2010 Opinion or Order Filing 310 ORDER ATTACHED granting #309 Receiver's Motion to Approve Settlement with James Teng. Signed by Judge Richard A. Lazzara on 1/13/2010. (CCB)
January 13, 2010 Filing 309 MOTION to Approve Settlement re: James Teng by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement re James Teng)(Morello, Gianluca)
January 13, 2010 Opinion or Order Filing 308 ORDER ATTACHED granting #305 Receiver's Motion to Approve Settlement with Donna G. Pickard, individually and as Trustee of the Donna Pickard Trust dtd 2/25/03. Signed by Judge Richard A. Lazzara on 1/13/2010. (CCB)
January 13, 2010 Opinion or Order Filing 307 ORDER ATTACHED granting #304 Receiver's Motion to Approve Settlement with Trelawny Taylor-Ferraro. Signed by Judge Richard A. Lazzara on 1/13/2010. (CCB)
January 13, 2010 Opinion or Order Filing 306 ORDER ATTACHED granting #303 Receiver's Motion to Approve Settlement with Mark H. and Judy King Williams. Signed by Judge Richard A. Lazzara on 1/13/2010. (CCB)
January 12, 2010 Filing 305 MOTION to Approve Settlement re: Donna G. Pickard, Individually and as Trustee of the Donna Pickard Trust dtd 2/25/03 by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca)
January 12, 2010 Filing 304 MOTION to Approve Settlement re: Trelawny Taylor-Ferraro by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca)
January 12, 2010 Filing 303 MOTION to Approve Settlement re: Mark H. and Judy King Williams by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca)
January 12, 2010 Opinion or Order Filing 302 ORDER ATTACHED granting #299 Receiver's Motion to Approve Sale of Real Property located in Newnan, Ga. with Candler Food LLC #136. Signed by Judge Richard A. Lazzara on 1/12/2010. (CCB)
January 11, 2010 Opinion or Order Filing 301 ORDER ATTACHED denying #287 Rowe's Motion to Stay Pending Appeal, or, in the Alternative, Motion for Reconsideration. Signed by Judge Richard A. Lazzara on 1/11/2010. (CCB)
January 11, 2010 Filing 300 DECLARATION of Burton W. Wiand re #299 MOTION to Approve The Sale of Real Property Located in Newnan, Coweta County, Georgia by Burton W. Wiand. (Morello, Gianluca) Modified on 1/12/2010 (AG).
January 11, 2010 Filing 299 MOTION to Approve The Sale of Real Property Located in Newnan, Coweta County, Georgia by Burton W. Wiand. (Attachments: #1 Exhibit 1 - Agreement of Sale and Purchase Between Burton W. Wiand and Candler Food LLC #136)(Morello, Gianluca) Modified on 1/12/2010 (AG).
January 11, 2010 Opinion or Order Filing 298 ORDER ATTACHED granting #297 Motion for Leave to Pay Civil Filing Fees Directly from Receivership Estate. Signed by Judge Richard A. Lazzara on 1/11/2010. (CCB)
January 8, 2010 Filing 297 Unopposed MOTION for miscellaneous relief, specifically leave to pay civil filing fees directly from Receivership Estate by Burton W. Wiand. (Morello, Gianluca)
January 8, 2010 Filing 296 RESPONSE in opposition re #287 MOTION to stay any obligation to respond to subpoena pending appeal filed by Burton W. Wiand. (Morello, Gianluca)
January 8, 2010 Opinion or Order Filing 295 ORDER ATTACHED granting #294 Receiver's Motion to Approve Settlement with The Taylor Family Limited Partnership and the Subsequent Transferees. Signed by Judge Richard A. Lazzara on 1/8/2010. (CCB)
January 8, 2010 Filing 294 MOTION to Approve Settlement re: The Taylor Family Limited Partnership and Jansen W. & Kay C. Taylor, Family L.P. by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca)
January 7, 2010 TRANSMITTAL to USCA forwarding appeal fees received $455 receipt number 053367 re #277 Notice of appeal USCA number: 09-16437-H. (EJC)
January 7, 2010 TRANSMITTAL to USCA forwarding appeal fees received $455 receipt number 053367 re 277 Notice of appeal USCA number: 09-16437-H. (EJC)
January 6, 2010 Opinion or Order Filing 293 ORDER ATTACHED granting #291 Receiver's Motion to Approve Sale of Assets of Home Front Homes, LLC and Agreement with M&I Bank. Signed by Judge Richard A. Lazzara on 1/6/2010. (CCB)
January 5, 2010 USCA appeal fees received $ 455 receipt number 053367 re 277 Notice of appeal filed by Donald H. Rowe (per appeals- connect fee to this ntcapp) (EV)
January 5, 2010 USCA appeal fees received $ 455 receipt number 053367 re #277 Notice of appeal filed by Donald H. Rowe (per appeals- connect fee to this ntcapp) (EV)
January 5, 2010 Filing 292 DECLARATION of Burton W. Wiand re #291 MOTION for miscellaneous relief, specifically for Approval of Sale of Assets of Home Front Homes, LLC and Agreement with M&I Bank by Burton W. Wiand. (Morello, Gianluca)
January 5, 2010 Filing 291 MOTION for miscellaneous relief, specifically for Approval of Sale of Assets of Home Front Homes, LLC and Agreement with M&I Bank by Burton W. Wiand. (Attachments: #1 Exhibit 1 - Asset Purchase Agreement, #2 Exhibit 2 - M&I Bank Agreement)(Morello, Gianluca)
January 4, 2010 ACKNOWLEDGMENT by USCA of receiving initial appeal package on 12/29/09 re 277 Notice of appeal. USCA number: 09-16437-H. (EJC)
January 4, 2010 ACKNOWLEDGMENT by USCA of receiving initial appeal package on 12/29/09 re #277 Notice of appeal. USCA number: 09-16437-H. (EJC)
December 31, 2009 Opinion or Order Filing 290 ORDER ATTACHED granting Receiver's Motion to Approve Settlement (289). The Court approves the written settlement agreement attached to the motion entered into between the Receiver and Frank Moseley, Jr. Signed by Judge Richard A. Lazzara on 12/31/2009. (SKH)
December 30, 2009 Filing 289 MOTION to Approve Settlement re: Frank Moseley, Jr. by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement re Frank Moseley, Jr.)(Morello, Gianluca)
December 30, 2009 Opinion or Order Filing 288 ENDORSED ORDER directing Burton W. Wiand to respond to #287 Motion to Stay any Obligation to Respond to Subpoena Pending Appeal. Response due on or before 1/8/2010. Signed by Judge Richard A. Lazzara on 12/30/2009. (CCB)
December 29, 2009 Filing 287 MOTION to stay any obligation to respond to subpoena pending appeal by Donald H. Rowe. (Attachments: #1 Exhibit 1)(Savitz, Edward)
December 29, 2009 Opinion or Order Filing 286 ORDER ATTACHED granting Receiver's Motion to Approve Settlement (282). The Court approves the written settlement agreement attached to the motion entered into between the Receiver and Robert Wilkes, Jr. Signed by Judge Richard A. Lazzara on 12/29/2009. (SKH)
December 29, 2009 Opinion or Order Filing 285 ORDER ATTACHED granting Receiver's Motion to Approve Settlement (281). The Court approves the written settlement agreement attached to the motion entered into between the Receiver and John and Linda Evans. Signed by Judge Richard A. Lazzara on 12/29/2009. (SKH)
December 29, 2009 Opinion or Order Filing 284 ORDER ATTACHED denying without prejudice for failure to comply with Local Rule 3.01(g) #279 Motion to Stay. Signed by Judge Richard A. Lazzara on 12/29/2009. (CCB)
December 29, 2009 Opinion or Order Filing 283 ORDER ATTACHED granting #280 Receiver's Motion to Approve Settlement with All-Weather Fund of Funds, LP. Signed by Judge Richard A. Lazzara on 12/29/2009. (CCB)
December 28, 2009 Filing 282 MOTION to Approve Settlement re: Robert Wilkes, Jr. by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement re Robert Wilkes, Jr.)(Morello, Gianluca)
December 28, 2009 Filing 281 MOTION to Approve Settlement re: John and Linda Evans by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement re John and Linda Evans)(Morello, Gianluca)
December 28, 2009 Filing 280 MOTION to Approve Settlement re: All-Weather Fund of Funds, LP by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement re All-Weather Fund of Funds, LP)(Morello, Gianluca)
December 28, 2009 Filing 279 MOTION to stay any obligation to respond to subpoena pending appeal by Donald H. Rowe. (Attachments: #1 Exhibit 1)(Savitz, Edward)
December 23, 2009 Filing 278 NOTICE of Appearance by Edward O. Savitz on behalf of Donald H. Rowe (Savitz, Edward)
December 23, 2009 Filing 277 NOTICE OF APPEAL as to #267 Order on motion for protective order by Donald H. Rowe. (Filing fee not paid) (Savitz, Edward)
December 23, 2009 Opinion or Order Filing 276 ORDER ATTACHED discharging #238 order to show cause. Signed by Judge Richard A. Lazzara on 12/23/2009. (DMB)
December 23, 2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 277 Notice of appeal. (EJC)
December 23, 2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #277 Notice of appeal. (EJC)
December 22, 2009 Filing 275 NOTICE OF APPEAL as to #267 Order on motion for protective order by Donald H. Rowe. (Filing fee not paid) (Savitz, Edward) Modified on 12/23/2009, NOTE: DOCUMENT TERMINATED, counsel notified to refile with correct case number (EJC).
December 22, 2009 Opinion or Order Filing 274 ORDER ATTACHED granting #273 Opposed Emergency Motion for Enlargement of Time to respond to Receiver's Asset Sale Motion. Responses due by 1/15/2010. Signed by Judge Richard A. Lazzara on 12/22/2009. (SKH)
December 22, 2009 Filing 273 Emergency MOTION for extension of time to file response/reply as to #254 MOTION for miscellaneous relief, specifically for Approval of Sale of The Assets of the Venice Jet Center and Agreement with Northern Trust, N.A. by City of Venice. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Hildreth, Mark) Motions referred to Magistrate Judge Thomas B. McCoun III.
December 22, 2009 Opinion or Order Filing 272 ENDORSED ORDER denying without prejudice #271 Unopposed Motion for Leave to Reply. If the Court believes that further briefing is needed from the parties after it has reviewed their submissions, it will so direct. Signed by Judge Richard A. Lazzara on 12/22/2009. (SKH)
December 22, 2009 Filing 271 Unopposed MOTION for leave to file Reply to Conservancy's Response to Order to Show Cause and Opposition to Extinguishment of Conservation Easement (Doc. 264) by Burton W. Wiand. (Nelson, Carl)
December 21, 2009 Opinion or Order Filing 270 ORDER ATTACHED granting #269 Motion to Approve Settlement between the Receiver and Jewel Hirsch. Signed by Judge Richard A. Lazzara on 12/21/2009. (SKH)
December 18, 2009 Filing 269 MOTION to Approve Settlement re: Jewel Hirsch by Burton W. Wiand. (Attachments: #1 Exhibit A - Settlement Agreement re Jewel Hirsch)(Morello, Gianluca)
December 18, 2009 Filing 268 NOTICE canceling Motion for Protective Order hearing scheduled for December 21, 2009, at 8:30 a.m. (SKH)
December 18, 2009 Opinion or Order Filing 267 ORDER ATTACHED denying #250 Motion for protective order. See order for details. Hearing scheduled 12/21/09 at 8:30 a.m. is cancelled. Signed by Judge Richard A. Lazzara on 12/18/2009. (SKH)
December 18, 2009 Opinion or Order Filing 266 ORDER granting #259 Motion for attorney fees. Signed by Judge Richard A. Lazzara on 12/18/2009. (See order) (MSS)
December 18, 2009 Filing 265 DECLARATION of Kieran Roe re #264 Response to order to show cause by Carolina Mountain Land Conservancy. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit Composite Exhibit 5, Part I, #6 Exhibit Composite Exhibit 5, Part II, #7 Exhibit Composite Exhibit 5, Part III, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit Composite Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit Composite Exhibit 19)(Solomon, Marty)
December 18, 2009 Filing 264 RESPONSE TO ORDER TO SHOW CAUSE re #238 Order on motion for order to show cause filed by Carolina Mountain Land Conservancy. (Solomon, Marty)
December 17, 2009 Filing 263 RESPONSE to motion re #250 MOTION for protective order by non-party and to Order Directing Counsel's Response (DE 251) filed by Securities and Exchange Commission. (Masel, Scott)
December 17, 2009 Filing 262 RESPONSE in opposition re #250 MOTION for protective order by non-party filed by Burton W. Wiand. (Attachments: #1 Exhibit A - Sample Confidentiality Agreement)(Morello, Gianluca)
December 17, 2009 Opinion or Order Filing 261 ORDER ATTACHED granting #260 the Receiver's Motion to Approve Settlement with Trevor Taylor. Signed by Judge Richard A. Lazzara on 12/17/2009. (CCB)
December 17, 2009 Filing 260 MOTION to Approve Settlement re: Trevor Taylor by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca)
December 16, 2009 Filing 259 Unopposed MOTION for attorney fees Fourth Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs to Receiver and His Professionals by Burton W. Wiand. (Attachments: #1 Exhibit A - Standardized Fund Accounting Report, #2 Exhibit B - Receiver's Fourth Interim Report, #3 Exhibit C - Receiver - Receivership Invoice, #4 Exhibit D - Receiver - Home Front Homes v. Bishop Invoice, #5 Exhibit E - Receiver - Carolina Mountain Land Conservancy Invoice, #6 Exhibit F - Receiver - Recovery From Investors Invoice, #7 Exhibit G - Receiver - Recovery from Moodys Invoice, #8 Exhibit H - Receiver - Recovery of Commissions Invoice, #9 Exhibit I - Receiver - FW Categorization and Summary of Costs, #10 Exhibit J - FW Fee Schedule, #11 Exhibit K - FW Receivership Invoice, #12 Exhibit L - FW - Home Front Homes v. Bishop Invoice, #13 Exhibit M - FW - Carolina Mountain Land Conservancy Invoice, #14 Exhibit N - FW - Recovery From Investors Invoice, #15 Exhibit O - FW - Recovery from Moodys Invoice, #16 Exhibit P - FW - Recovery of Commissions Invoice, #17 Exhibit Q - PDR Invoice, #18 Exhibit R - Riverside Financial Group Invoice, #19 Exhibit S - E-Hounds Invoice, #20 Exhibit T - Text of Proposed Order)(Morello, Gianluca)
December 16, 2009 Filing 258 CERTIFICATE OF SERVICE by Burton W. Wiand re #254 MOTION for miscellaneous relief, specifically for Approval of Sale of The Assets of the Venice Jet Center and Agreement with Northern Trust, N.A. (Amended) (Morello, Gianluca)
December 15, 2009 Filing 257 NOTICE of unavailability of counsel bySecurities and Exchange Commission from December 17, 2009 to January 5, 2010. (Masel, Scott)
December 15, 2009 TRANSMITTAL to USCA forwarding USCA appeal fees received $455 receipt number T053148 re #235 Notice of appeal USCA number: 09-16007-H. (EJC)
December 15, 2009 TRANSMITTAL to USCA forwarding USCA appeal fees received $455 receipt number T053148 re 235 Notice of appeal USCA number: 09-16007-H. (EJC)
December 14, 2009 Filing 256 CERTIFICATE OF SERVICE by Burton W. Wiand re #255 Order (Morello, Gianluca)
December 14, 2009 Opinion or Order Filing 255 ORDER ATTACHED directing the City of Venice to respond on or before 12/28/2009 to docket 254 and the Receiver to follow instructions as set forth in the order. Signed by Judge Richard A. Lazzara on 12/14/2009. (CCB)
December 14, 2009 USCA appeal fees received $ 455 receipt number T053148 re 235 Notice of appeal filed by William F Bishop (RFK)
December 14, 2009 USCA appeal fees received $ 455 receipt number T053148 re #235 Notice of appeal filed by William F Bishop (RFK)
December 11, 2009 Filing 254 MOTION for miscellaneous relief, specifically for Approval of Sale of The Assets of the Venice Jet Center and Agreement with Northern Trust, N.A. by Burton W. Wiand. (Attachments: #1 Exhibit 1 - Asset Purchase Agreement, #2 Exhibit A - Assets, #3 Exhibit B - Promissory Note, #4 Exhibit C - Assn and Assumption of the Lease and Subleases, #5 Exhibit D - Bill of Sale, #6 Exhibit 2 - Agreement re Claims and Obligations, #7 Exhibit 3 - Part 16 Complaint (Part 1 of 5), #8 Exhibit 3 - Part 16 Complaint (Part 2 of 5), #9 Exhibit 3 - Part 16 Complaint (Part 3 of 5), #10 Exhibit 3 - Part 16 Complaint (Part 4 of 5), #11 Exhibit 3 - Part 16 Complaint (Part 5 of 5), #12 Exhibit 4 - Declaration of Burton W. Wiand, #13 Exhibit 5 - Letter to the Honorable Ed Martin, Mayor, #14 Exhibit 6 - Proposed Order, #15 Exhibit 7 - Memorandum of Lease)(Morello, Gianluca)
December 8, 2009 Opinion or Order Filing 253 ORDER ATTACHED directing response on or before 12/18/2009 to docket 248 and giving instructions to clerk. Signed by Judge Richard A. Lazzara on 12/8/2009. (CCB)
December 8, 2009 Filing 252 NOTICE of Hearing on Motion #250 for Protective Order by non-party: Motion Hearing scheduled Monday, December 21, 2009 at 8:30 a.m., in Courtroom 15B before Judge Richard A. Lazzara. (SKH)
December 8, 2009 Opinion or Order Filing 251 ENDORSED ORDER directing counsel for Receiver and the Securities and Exchange Commission to respond to #250 Motion for Protective Order by non-party. Responses due by 12/17/2009. Hearing scheduled on Motion on Monday, December 21, 2009, at 8:30 a.m. Signed by Judge Richard A. Lazzara on 12/8/2009. (SKH)
December 7, 2009 Filing 250 MOTION for protective order by non-party by Donald H. Rowe. (Attachments: #1 Exhibit 1)(Moe, Anne-Leigh)
December 7, 2009 Filing 249 DECLARATION of Carl R. Nelson re #248 Supplement 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)(Nelson, Carl)
December 7, 2009 Filing 248 SUPPLEMENT to Receiver's Motion for Order to Show Cause as to why Conservation Easement Should Not Be Extinguished (Doc. 236) by Burton W. Wiand. (Nelson, Carl)
December 3, 2009 Opinion or Order Filing 247 ENDORSED ORDER: Upon due consideration, it is ordered and adjudged that the Motion to Remove Attorney Donald R. Kirk from the CM/ECF certificate of service list (Dkt. 246) is GRANTED. The clerk is directed to remove Attorney Kirk from the list. Signed by Judge Richard A. Lazzara on 12/3/2009. (CCB)
December 3, 2009 ACKNOWLEDGMENT by USCA of receiving initial appeal package on 12/3/09 re 235 Notice of appeal. USCA number: 09-16007-H. (EJC)
December 3, 2009 ACKNOWLEDGMENT by USCA of receiving initial appeal package on 12/3/09 re #235 Notice of appeal. USCA number: 09-16007-H. (EJC)
December 2, 2009 Filing 246 NOTICE by Donald Kirk of filing Motion and Proposed Order to Have Counsel Removed from the CM/ECF System Certificate of Service (Attachments: #1 Text of Proposed Order Proposed Order)(Kirk, Donald)
December 2, 2009 Opinion or Order Filing 245 ORDER ATTACHED denying #242 Receiver's Motion to Waive Imposition of Fees. Signed by Judge Richard A. Lazzara on 12/2/2009. (CCB)
December 2, 2009 Filing 244 NOTICE cancelling show cause hearing scheduled for 12/9/2009. (CCB)
December 2, 2009 Opinion or Order Filing 243 ORDER ATTACHED granting #241 Motion for Extension of Time to File Response to Order to Show Cause. Response due on or before 12/18/2009. Signed by Judge Richard A. Lazzara on 12/2/2009. (CCB)
December 1, 2009 Filing 242 Unopposed MOTION for miscellaneous relief, specifically waive imposition of filing fees by Burton W. Wiand. (Morello, Gianluca)
December 1, 2009 Filing 241 Unopposed MOTION for extension of time to file response/reply as to #238 Order on motion for order to show cause by Carolina Mountain Land Conservancy. (Solomon, Marty) Motions referred to Magistrate Judge Thomas B. McCoun III.
November 25, 2009 Filing 240 STATUS REPORT Receiver's Fourth Interim Report (7/1/09 - 8/31/09) by Burton W. Wiand. (Attachments: #1 Exhibit A - Standardized Fund Accounting Report 7/1/09 - 8/31/09)(Morello, Gianluca)
November 24, 2009 Filing 239 NOTICE OF HEARING: Show Cause Hearing set for 12/9/2009 at 9:00 a.m., in Courtroom 15B before Judge Richard A. Lazzara. (SKH)
November 24, 2009 Opinion or Order Filing 238 *** DISCHARGED pursuant to #276 Order *** ORDER ATTACHED granting #236 Motion for order to show cause and scheduling hearing for Wednesday, December 9, 2009, at 9:00 a.m. The Carolina Mountain Land Conservancy shall file a response to the motion on or before December 4, 2009. Clerk and Receiver: See special mailing instructions. Signed by Judge Richard A. Lazzara on 11/24/2009. (SKH) Modified on 12/28/2009 (LYB).
November 24, 2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #235 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. (JMS)
November 24, 2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 235 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. (JMS)
November 23, 2009 Filing 237 DECLARATION of Carl R. Nelson re #236 MOTION for issuance of order to show cause as to Why Conservation Easement Should Not Be Extinguished by Burton W. Wiand. (Attachments: #1 Exhibit A - Deed of Conservation Easement, #2 Exhibit B - Appraisal, #3 Exhibit C - Pages from 2005 Tax Return, #4 Exhibit D - Order and Complaint filed in W.D.N.C.)(Nelson, Carl)
November 23, 2009 Filing 236 MOTION for issuance of order to show cause as to Why Conservation Easement Should Not Be Extinguished by Burton W. Wiand. (Nelson, Carl)
November 23, 2009 Filing 235 NOTICE OF APPEAL as to #207 Order on motion to intervene by William F Bishop. (Filing fee not paid) (Essenson, James)
November 20, 2009 Opinion or Order Filing 234 ORDER ATTACHED granting #233 Receiver's Motion for Approval of Transfer of Subaru to Tradewind, LLC for benefit of Receivership. Signed by Judge Richard A. Lazzara on 11/20/2009. (CCB)
November 19, 2009 Filing 233 Unopposed MOTION for miscellaneous relief, specifically for Approval of Transfer of Title to Vehicle by Burton W. Wiand. (Morello, Gianluca)
November 16, 2009 Filing 232 NOTICE of change of address by Maya M. Lockwood (Lockwood, Maya)
November 13, 2009 Opinion or Order Filing 231 ORDER ATTACHED denying #230 Amended Motion to Intervene. Signed by Judge Richard A. Lazzara on 11/13/2009. (CCB)
November 13, 2009 Filing 230 AMENDED MOTION to intervene by Earl Niemoth, Thomas J. Neff. (BES) Motions referred to Magistrate Judge Thomas B. McCoun III.
November 13, 2009 Filing 229 NOTICE of change of address by Gianluca Morello (Morello, Gianluca)
November 6, 2009 Opinion or Order Filing 228 ORDER ATTACHED granting #227 the Receiver's Motion to Approve Settlement with William Gasparrini. Signed by Judge Richard A. Lazzara on 11/6/2009. (CCB)
November 6, 2009 Filing 227 MOTION to Approve Settlement re: William Gasparrini by Burton W. Wiand. (Nelson, Carl)
November 6, 2009 Opinion or Order Filing 226 ORDER ATTACHED granting #225 the Receiver's Motion to Approve Settlement with the Castor Family Revocable Trust. Signed by Judge Richard A. Lazzara on 11/6/2009. (CCB)
November 6, 2009 Filing 225 MOTION to Approve Settlement re: Castor Family Revocable Living Trust by Burton W. Wiand. (Nelson, Carl)
November 4, 2009 Opinion or Order Filing 224 ORDER denying #223 Motion to intervene for the reasons set forth in the attached order. Signed by Judge Richard A. Lazzara on 11/4/2009. (SKH)
November 3, 2009 Filing 223 MOTION to intervene by Earl Niemoth. (RFM) Motions referred to Magistrate Judge Thomas B. McCoun III.
November 3, 2009 Opinion or Order Filing 222 ORDER ATTACHED granting #218 Motion to Approve Settlement between the Receiver and Stanley Wengert. Signed by Judge Richard A. Lazzara on 11/3/2009. (SKH)
November 3, 2009 Opinion or Order Filing 221 ORDER ATTACHED granting #217 Motion to Approve Settlement between the Receiver and John F. Fletcher. Signed by Judge Richard A. Lazzara on 11/3/2009. (SKH)
November 3, 2009 Opinion or Order Filing 220 ORDER ATTACHED granting #216 Motion to Approve Settlement between the Receiver and Robert and Virginia Beale. Signed by Judge Richard A. Lazzara on 11/3/2009. (SKH)
November 3, 2009 Opinion or Order Filing 219 ORDER ATTACHED granting #215 Motion to Approve Settlement between the Receiver and The Wintsch Family Trust. Signed by Judge Richard A. Lazzara on 11/3/2009. (SKH)
November 3, 2009 Filing 218 MOTION to Approve Settlement re: Stanley Wengert by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement re: Stanley Wengert)(Nelson, Carl)
November 3, 2009 Filing 217 MOTION to Approve Settlement re: John F. Fletcher by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement re: John F. Fletcher)(Nelson, Carl)
November 3, 2009 Filing 216 MOTION to Approve Settlement re: Robert Beale and Virginia Beale by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement re the Beale's)(Nelson, Carl)
November 3, 2009 Filing 215 MOTION to Approve Settlement re: The Wintsch Family Trust by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement re The Wintsch Family Trust)(Nelson, Carl)
October 30, 2009 Opinion or Order Filing 214 ENDORSED ORDER: Upon due consideration of the court file, it is ordered and adjudged that the Motion to Compel (Dkt. 213) is denied because the motion has no basis in the law. Signed by Judge Richard A. Lazzara on 10/30/2009. (CCB)
October 29, 2009 Filing 213 MOTION to compel by Earl Niemoth, Thomas J. Neff. (JLH)
October 20, 2009 Opinion or Order Filing 212 ORDER ATTACHED granting #211 Motion to Approve Settlement between the Receiver and Millennium Trust - FBO Virginia Tanner. See order for details. Signed by Judge Richard A. Lazzara on 10/20/2009. (SKH)
October 20, 2009 Filing 211 MOTION to Approve Settlement re: Virginia Tanner by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement re Virginia Tanner)(Nelson, Carl)
October 19, 2009 Opinion or Order Filing 210 ORDER ATTACHED granting #209 Motion to Approve Settlement between the Receiver and The Irrevocable Trust of Ben Montgomery Cart within ten days of the date of the Order. Signed by Judge Richard A. Lazzara on 10/19/2009. (SKH)
October 16, 2009 Filing 209 MOTION to Approve Settlement re: the Irrevocable Trust of Ben Montgomery Cart by Burton W. Wiand. (Attachments: #1 Exhibit A - Settlement Agreement re: Ben M. Cart, Trustee)(Nelson, Carl)
September 24, 2009 Filing 208 NOTICE canceling motion to intervene hearing scheduled for 9/25/2009 at 1:30 p.m. (CCB)
September 24, 2009 Opinion or Order Filing 207 ORDER ATTACHED denying #193 Bishop's Motion to Intervene. Signed by Judge Richard A. Lazzara on 9/24/2009. (CCB)
September 23, 2009 Filing 206 RESPONSE in opposition re #193 First MOTION to intervene and Joinder in Receiver's Response filed by Securities and Exchange Commission. (Masel, Scott)
September 23, 2009 Filing 205 DECLARATION of Burton W. Wiand, Receiver re #204 Response in opposition to motion by Burton W. Wiand. (Morello, Gianluca)
September 23, 2009 Filing 204 RESPONSE in opposition re #193 First MOTION to intervene and re [193-2] motion to dissolve injunction filed by Burton W. Wiand. (Morello, Gianluca)
September 23, 2009 Opinion or Order Filing 203 ORDER ATTACHED granting #202 Receiver's Motion to Approve Settlement with Pauline Yip, executive of estate of Luke Yip. Signed by Judge Richard A. Lazzara on 9/23/2009. (CCB)
September 23, 2009 Filing 202 MOTION to Approve Settlement re: Pauline Yip, as Executrix of the Estate of Luke Yip by Burton W. Wiand. (Nelson, Carl)
September 23, 2009 Opinion or Order Filing 201 ORDER granting #200 Motion for attorney fees, costs and reimbursement of cost to receiver. (see order for further details). Signed by Judge Richard A. Lazzara on 9/23/2009. (JLH)
September 21, 2009 Filing 200 Unopposed MOTION for attorney fees Third Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs to Receiver and his Professionals by Burton W. Wiand. (Attachments: #1 Exhibit A - Standardized Fund Accounting Report, #2 Exhibit B - Receiver's Third Interim Report, #3 Exhibit C - Receiver - Receivership invoice, #4 Exhibit D - Receiver - Home Front Homes v. Bishop invoice, #5 Exhibit E - Receiver - Carolina Mountain Land Conservancy invoice, #6 Exhibit F - Receiver - Recovery from Investors invoice, #7 Exhibit G - Receiver - Recovery from Moodys invoice, #8 Exhibit H - Receiver - Recovery of Commissions invoice, #9 Exhibit I - Fowler White - Categorization and summary of costs, #10 Exhibit J - Fowler White - Fee schedule, #11 Exhibit K - Fowler White - Receivership invoice (part 1 of 2), #12 Exhibit K - Fowler White - Receivership invoice (part 2 of 2), #13 Exhibit L - Fowler White - Home Front Homes v. Bishop invoice, #14 Exhibit M - Fowler White - Carolina Mountain Land Conservancy invoice, #15 Exhibit N - Fowler White - Recovery from Investors invoice, #16 Exhibit O - Fowler White - Recovery from Moodys invoice, #17 Exhibit P - Fowler White - Recovery of Commissions invoice, #18 Exhibit Q - PDR invoice, #19 Exhibit R - Riverside Financial Group invoice, #20 Exhibit S - E-Hounds invoice, #21 Exhibit T - Proposed Order)(Nelson, Carl)
September 21, 2009 Opinion or Order Filing 199 ENDORSED ORDER granting #198 Motion to withdraw as attorney. J. Thomas Cardwell is relieved of any further responsibility in the case. Signed by Judge Richard A. Lazzara on 9/21/2009. (SKH)
September 21, 2009 Filing 198 MOTION for J. Thomas Cardwell to withdraw as attorney by LandMark Bank of Florida. (Hoeck, Kathryn)
September 17, 2009 Opinion or Order Filing 197 ORDER ATTACHED granting #196 Receiver's Motion to Approve Settlement with Steven D. Wood Living Trust. Signed by Judge Richard A. Lazzara on 9/17/2009. (CCB)
September 16, 2009 Filing 196 MOTION to Approve Settlement re: Steven D. Wood Living Trust by Burton W. Wiand. (Nelson, Carl)
September 14, 2009 Filing 195 NOTICE of Hearing on #193 First Motion to Intervene set for Friday, 9/25/2009 at 1:30 PM in Tampa Courtroom 15 B before Judge Richard A. Lazzara. (CCB)
September 14, 2009 Opinion or Order Filing 194 ENDORSED ORDER directing Securities and Exchange Commission and Burton W. Wiand to respond to #193 First Motion to Intervene. Responses due on or before 9/23/2009. Signed by Judge Richard A. Lazzara on 9/14/2009. (CCB)
September 11, 2009 Filing 193 First MOTION to intervene by William F Bishop. (Attachments: #1 Exhibit Motion to Intervene, Dissolve Injunction)(Essenson, James) Motions referred to Magistrate Judge Thomas B. McCoun III.
September 8, 2009 Opinion or Order Filing 192 ORDER ATTACHED denying #191 Motion for Reconsideration. Signed by Judge Richard A. Lazzara on 9/8/2009. (CCB)
September 4, 2009 Filing 191 MOTION for reconsideration re #190 Order on Motion for Miscellaneous Relief and Clarification by Louis Paolino. (Bentley, Morgan)
September 3, 2009 Opinion or Order Filing 190 ORDER ATTACHED granting #177 Motion to Enjoin State Court Proceeding and to Transfer Property. Signed by Judge Richard A. Lazzara on 9/3/2009. (CCB)
September 3, 2009 Filing 189 NOTICE by Burton W. Wiand of Filing 9/2/09 Correspondence to Judge Koeltl (Attachments: #1 Exhibit Letter to Judge Koeltl)(Morello, Gianluca)
September 3, 2009 Filing 188 REPLY to response to motion re #177 MOTION for miscellaneous relief, specifically to Enjoin State Court Proceedings and for Possession of Jewelry filed by Burton W. Wiand. (Nelson, Carl)
September 3, 2009 Opinion or Order Filing 187 ORDER ATTACHED granting #186 Motion to Approve Settlement. Signed by Judge Richard A. Lazzara on 9/3/2009. (SKH)
September 3, 2009 Filing 186 MOTION to Approve Settlement re: John Cart by Burton W. Wiand. (Attachments: #1 Exhibit A - Settlement Agreement re John Cart)(Nelson, Carl)
August 27, 2009 Opinion or Order Filing 185 ENDORSED ORDER denying as moot #182 Motion for Leave to File Reply. See docket 183. Signed by Judge Richard A. Lazzara on 8/27/2009. (CCB)
August 27, 2009 Filing 184 NOTICE cancelling hearing scheduled for 9/4/2009. (CCB)
August 27, 2009 Opinion or Order Filing 183 ORDER ATTACHED directing Receiver to reply on or before 9/3/2009 and cancelling hearing on 9/4/2009. Signed by Judge Richard A. Lazzara on 8/27/2009. (CCB)
August 27, 2009 Filing 182 Unopposed MOTION for leave to file Reply in Support of Receiver's Motion to Enjoin State Court Proceedings and for Possession of Jewelry by Burton W. Wiand. (Nelson, Carl)
August 26, 2009 Filing 181 RESPONSE in opposition re #177 MOTION for miscellaneous relief, specifically to Enjoin State Court Proceedings and for Possession of Jewelry filed by Louis Paolino. (Bentley, Morgan)
August 26, 2009 Filing 180 NOTICE of Hearing on Motion #177 for miscellaneous relief, specifically to Enjoin State Court Proceedings and for Possession of Jewelry: Motion Hearing set for Friday, September 4, 2009, at 9:30 a.m., in Courtroom 15B before Judge Richard A. Lazzara. (SKH)
August 26, 2009 Opinion or Order Filing 179 ORDER ATTACHED directing interested parties to respond to Receiver's Motion to Enjoin State Court Proceedings and for Possession of Jewelry. Expedited responses due by 12:00 p.m. on 9/3/2009. Receiver/Clerk: See special mailing instructions. Signed by Judge Richard A. Lazzara on 8/26/2009. (SKH)
August 25, 2009 Filing 178 AFFIDAVIT of Christopher D. Moody and Neil V. Moody re: #177 MOTION for miscellaneous relief, specifically to Enjoin State Court Proceedings and for Possession of Jewelry by Burton W. Wiand. (Attachments: #1 Exhibit A - Jewelry Inventory, #2 Exhibit B - Transaction Summary, #3 Exhibit C - Stock Issuance Agreement, #4 Exhibit D - Transfer Agreement)(Nelson, Carl)
August 25, 2009 Filing 177 MOTION for miscellaneous relief, specifically to Enjoin State Court Proceedings and for Possession of Jewelry by Burton W. Wiand. (Attachments: #1 Exhibit 1 - Paolino complaint, #2 Exhibit 2 - Paolino order appointing receiver)(Nelson, Carl)
August 17, 2009 Filing 176 STATUS REPORT Receiver's Third Interim Report (5/15/09 - 8/12/09) by Burton W. Wiand. (Attachments: #1 Exhibit A - Standardized Fund Accounting Report 5/1/09 - 6/30/09)(Nelson, Carl)
August 12, 2009 Opinion or Order Filing 175 ORDER ATTACHED granting #174 Receiver's Motion to Retain Counsel. Signed by Judge Richard A. Lazzara on 8/12/2009. (CCB)
August 11, 2009 Filing 174 Unopposed MOTION for miscellaneous relief, specifically for Leave to Retain Counsel by Burton W. Wiand. (Attachments: #1 Exhibit A - Proposed Agreement)(Nelson, Carl)
August 11, 2009 Filing 173 CORRESPONDENCE to the Court from Arthur Nadel (MSS)
August 10, 2009 Opinion or Order Filing 172 ORDER ATTACHED granting #170 Motion to Expand Receivership to include Home Front Homes LLC. Signed by Judge Richard A. Lazzara on 8/10/2009. (CCB)
August 7, 2009 Filing 171 DECLARATION of Burton W. Wiand, as Receiver re #170 Unopposed MOTION for miscellaneous relief, specifically to Expand Receivership (to Include Home Front Homes LLC) by Burton W. Wiand. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Morello, Gianluca)
August 7, 2009 Filing 170 Unopposed MOTION for miscellaneous relief, specifically to Expand Receivership (to Include Home Front Homes LLC) by Burton W. Wiand. (Morello, Gianluca)
August 5, 2009 Opinion or Order Filing 169 ORDER ATTACHED granting #154 Receiver's Motion to Recover Assets of 3,116,171 common shares of stock in Bonds.com Group, Inc. and two secured promissory notes made by Bonds.com Group, Inc. Signed by Judge Richard A. Lazzara on 8/5/2009. (CCB)
August 4, 2009 Filing 168 AFFIDAVIT of Christopher D. Moody re: #154 Unopposed MOTION for miscellaneous relief, specifically Order transferring all right, title, and interest in certain shares and notes relating to Bonds.com Group, Inc., #166 Reply to response to motion by Burton W. Wiand. (Attachments: #1 Exhibit A - Summary of Transactions, #2 Exhibit B - Bonds.com Stock, #3 Exhibit C - Bonds.com Notes, #4 Exhibit D - Stock Pledge Agreement)(Nelson, Carl)
August 4, 2009 Filing 167 RESPONSE re #166 Reply to response to motion for recovery of bonds.com assets filed by LandMark Bank of Florida. (Hoeck, Kathryn)
August 4, 2009 Filing 166 REPLY to response to motion re #154 Unopposed MOTION for miscellaneous relief, specifically Order transferring all right, title, and interest in certain shares and notes relating to Bonds.com Group, Inc. filed by Burton W. Wiand. (Nelson, Carl)
July 28, 2009 Opinion or Order Filing 165 ORDER granting #164 Motion for attorney fees. (See order) Signed by Judge Richard A. Lazzara on 7/28/2009. (MSS)
July 27, 2009 Filing 164 Unopposed MOTION for attorney fees SECOND Interim Motion for Order Awarding Fees, Costs, and Reimbursement of Costs by Burton W. Wiand. (Attachments: #1 Exhibit A - Standardized Fund Accounting Report, #2 Exhibit B - Receiver's Second Interim Report, #3 Exhibit C - Receiver (Receivership), #4 Exhibit D - Receiver (Home Front Homes), #5 Exhibit E - Receiver (Carolina Mountain Land Conservancy), #6 Exhibit F - Receiver (Recovery from Investors), #7 Exhibit G - Receiver (Recovery from Chris & Neil Moody), #8 Exhibit H - Receiver (Recovery of Commissions), #9 Exhibit I - Categorization and Summary of Costs Incurred by Fowler White, #10 Exhibit J - Fowler White Fee Schedule, #11 Exhibit K, part 1 of 2 - Fowler White (Receivership), #12 Exhibit K, part 2 of 2 - Fowler White (Receivership), #13 Exhibit L - Fowler White (Home Front Homes), #14 Exhibit M - Fowler White (Carolina Mountain Land Conservancy), #15 Exhibit N - Fowler White (Recovery from Investors), #16 Exhibit O - Fowler White (Recovery from Chris & Neil Moody), #17 Exhibit P - Fowler White (Recovery of Commissions), #18 Exhibit Q - PDR Certified Public Accountants, #19 Exhibit R - Riverside Financial Group, #20 Exhibit S - E-Hounds, Inc., #21 Exhibit T - Proposed Order Granting Motion)(Nelson, Carl)
July 23, 2009 Opinion or Order Filing 163 ENDORSED ORDER: The clerk is directed to send a copy of the letter appearing at docket 162 to Plaintiff's counsel and the Receiver's counsel. Signed by Judge Richard A. Lazzara on 7/23/2009. (CCB)
July 23, 2009 Filing 162 CORRESPONDENCE to the court from Peg Nadel (MSS)
July 21, 2009 Opinion or Order Filing 161 ENDORSED ORDER granting #160 Motion for Leave to File Reply within ten (10) days from the date of this order. Signed by Judge Richard A. Lazzara on 7/21/2009. (CCB)
July 21, 2009 Filing 160 Unopposed MOTION for leave to file Reply to Non-Party's Objection to Receiver's Unopposed Motion for Recovery of Assets by Burton W. Wiand. (Nelson, Carl)
July 21, 2009 Opinion or Order Filing 159 ORDER granting #156 Motion to Approve Settlement. See order for details. Signed by Judge Richard A. Lazzara on 7/21/2009. (MSS)
July 21, 2009 Filing 158 NOTICE of Appearance by J. Thomas Cardwell on behalf of LandMark Bank of Florida (Cardwell, J.)
July 21, 2009 Filing 157 NOTICE of Appearance by Kathryn B. Hoeck on behalf of LandMark Bank of Florida (Hoeck, Kathryn)
July 21, 2009 Filing 156 MOTION to Approve Settlement re: The James A. Carty Revocable Trust Dated 9/28/67 by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement)(Nelson, Carl)
July 20, 2009 Filing 155 RESPONSE in opposition re #154 Unopposed MOTION for miscellaneous relief, specifically Order transferring all right, title, and interest in certain shares and notes relating to Bonds.com Group, Inc. filed by LandMark Bank of Florida. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Hoeck, Kathryn)
July 16, 2009 Filing 154 Unopposed MOTION for miscellaneous relief, specifically Order transferring all right, title, and interest in certain shares and notes relating to Bonds.com Group, Inc. by Burton W. Wiand. (Attachments: #1 Exhibit A - Stock Certificates, #2 Exhibit B - Promissory Notes)(Nelson, Carl)
July 15, 2009 Opinion or Order Filing 153 ORDER ATTACHED granting #151 Motion to Expand Scope of Receivership to include Viking Oil & Gas LLC. Signed by Judge Richard A. Lazzara on 7/15/2009. (CCB)
July 14, 2009 Filing 152 DECLARATION of Burton W. Wiand, Receiver re #151 Fifth MOTION for miscellaneous relief, specifically to Expand the Scope of Receivership to Include Viking Oil & Gas, LLC by Burton W. Wiand. (Attachments: #1 Exhibit A - Viking Oil & Gas, LLC, Articles of Organization, #2 Exhibit B - Viking Oil & Gas, LLC, Annual Reports, #3 Exhibit C - Quest Energy Management Transactions)(Nelson, Carl)
July 14, 2009 Filing 151 Fifth MOTION for miscellaneous relief, specifically to Expand the Scope of Receivership to Include Viking Oil & Gas, LLC by Burton W. Wiand. (Nelson, Carl)
July 8, 2009 Opinion or Order Filing 150 ORDER ATTACHED granting #149 Motion to Approve Settlement between the Receiver and Robert Bullock in the sum of $334,945.40. Signed by Judge Richard A. Lazzara on 7/8/2009. (CCB)
July 8, 2009 Filing 149 MOTION to Approve Settlement re: Robert Bullock by Burton W. Wiand. (Attachments: #1 Exhibit A - Executed Settlement Agreement with Durable General Power of Attorney)(Nelson, Carl)
July 8, 2009 Opinion or Order Filing 148 ATTACHED ORDER granting #146 the Receiver's Motion for Possession of and Title to the real property located at 15576 Fruitville Road, Sarasota, FL. Signed by Judge Richard A. Lazzara on 7/8/2009. (CCB)
July 7, 2009 Filing 147 DECLARATION of Receiver, Burton W. Wiand re #146 Unopposed MOTION for miscellaneous relief, specifically Order granting motion for possession of and title to the real property located at 15576 Fruitville Rd. in Sarasota, Florida 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)(Morello, Gianluca)
July 7, 2009 Filing 146 Unopposed MOTION for miscellaneous relief, specifically Order granting motion for possession of and title to the real property located at 15576 Fruitville Rd. in Sarasota, Florida by Burton W. Wiand. (Morello, Gianluca)
July 7, 2009 Opinion or Order Filing 145 ORDER granting #144 Motion to Approve Disposition of 2006 Subaru in accord with the attached order. Signed by Judge Richard A. Lazzara on 7/7/2009. (CCB)
July 7, 2009 Filing 144 Unopposed MOTION for miscellaneous relief, specifically Order authorizing the transfer of title to the '06 Subaru Legacy Outback to Venice Jet Center, LLC by Burton W. Wiand. (Attachments: #1 Exhibit A - Subaru Certificate of Title, #2 Exhibit B - Nadel letter)(Nelson, Carl)
June 29, 2009 Opinion or Order Filing 143 ORDER ATTACHED granting #142 Receiver's Motion to Approve Settlement. Signed by Judge Richard A. Lazzara on 6/29/2009. (DMB)
June 29, 2009 Filing 142 MOTION to Approve Settlement re: Luis Perez by Burton W. Wiand. (Attachments: #1 Exhibit A - Settlement Agreement)(Nelson, Carl)
June 9, 2009 Filing 141 STATUS REPORT Receiver's Second Interim Report by Burton W. Wiand. (Attachments: #1 Exhibit A - Standardized Fund Accounting Report March-April 2009)(Nelson, Carl)
June 3, 2009 Opinion or Order Filing 140 ORDER granting #139 Motion to Reappoint Receiver. Signed by Judge Richard A. Lazzara on 6/3/2009. (SKH)
June 2, 2009 Filing 139 MOTION for miscellaneous relief, specifically to Reappoint Receiver by Burton W. Wiand. (Attachments: #1 Exhibit A - Proposed Order Reappointing Receiver)(Nelson, Carl)
May 22, 2009 Opinion or Order Filing 138 ORDER granting #137 Receiver's Motion to Approve Settlement. Signed by Judge Richard A. Lazzara on 5/22/2009. (SKH)
May 22, 2009 Filing 137 MOTION to Approve Settlement re: Victor and Susan Trzeciak by Burton W. Wiand. (Attachments: #1 Exhibit A)(Nelson, Carl)
May 20, 2009 Opinion or Order Filing 136 ENDORSED ORDER granting #135 Motion to Approve Settlement with Truman N. Brooks. Signed by Judge Richard A. Lazzara on 5/20/2009. (CCB)
May 19, 2009 Filing 135 MOTION to Approve Settlement re: Truman N. Brooks by Burton W. Wiand. (Attachments: #1 Exhibit A - Settlement Agreement, #2 Exhibit B - Promissory Note)(Nelson, Carl)
May 15, 2009 Opinion or Order Filing 134 ORDER ATTACHED granting #133 Motion to Approve Settlement with Philip and Janice Day. Signed by Judge Richard A. Lazzara on 5/15/2009. (CCB)
May 14, 2009 Filing 133 MOTION to Approve Settlement re: Philip and Janice Day by Burton W. Wiand. (Attachments: #1 Exhibit A - Settlement Agreement)(Nelson, Carl)
May 14, 2009 Opinion or Order Filing 132 ORDER ATTACHED granting #131 Motion for Leave to File Complaint against the City of Venice, Florida with regard to Venice Jet Center, LLC. Signed by Judge Richard A. Lazzara on 5/14/2009. (CCB)
May 14, 2009 Filing 131 Unopposed MOTION for leave to file Complaint Pursuant to Title 14 CFR Part 16 by Burton W. Wiand. (Nelson, Carl)
May 14, 2009 Opinion or Order Filing 130 ORDER granting #129 Motion for attorney fees. (See order for details) Signed by Judge Richard A. Lazzara on 5/14/2009. (MSS)
May 13, 2009 Filing 129 First MOTION for attorney fees for ORDER AWARDING FEES, COSTS, AND REIMBURSEMENT OF COSTS TO RECEIVER AND HIS PROFESSIONALS by Burton W. Wiand. (Attachments: #1 Exhibit A - Standardized Fund Accounting Report, #2 Exhibit B - Receiver's First Interim Report, #3 Exhibit C - Receiver's fees through 02-28-09, #4 Exhibit D - Home Front Homes Litigation through 02-28-09, #5 Exhibit E - Categorization and summary of costs (Fowler White) through 02-28-09, #6 Exhibit F - Fee Schedule, #7 Exhibit G - Fowler White Fees through 02-28-09, #8 Exhibit H - PDR CPA bill through 02-28-09, #9 Exhibit I - Riverside bill through 02-28-09, #10 Exhibit J - E-Hounds bill through 02-28-09, #11 Exhibit K - Proposed Order)(Nelson, Carl)
May 12, 2009 Opinion or Order Filing 128 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 11/8/2009, Joinder of Parties due by 11/8/2009, Discovery due by 7/31/2010, Dispositive motions due by 10/31/2010, Pretrial statement due by 11/29/2010, Plaintiff disclosure of expert report due by 6/16/2010, Defendant disclosure of expert report due by 6/16/2010, Pretrial Conference set for 12/2/2010 at 10:00 AM in Tampa Courtroom 12 B before Magistrate Judge Thomas B. McCoun III, Bench Trial set for 1/3/2011 at 9:00 AM in Tampa Courtroom 15 B before Judge Richard A. Lazzara. Signed by Judge Richard A. Lazzara on 5/12/2009. (MSS)
May 11, 2009 Filing 127 CASE MANAGEMENT REPORT. (Masel, Scott)
May 7, 2009 Opinion or Order Filing 126 ORDER granting #125 Motion to Approve Settlement between the Receiver and the Gary L. Musser and Irene H. Musser Family Trust. See order for details. Signed by Judge Richard A. Lazzara on 5/7/2009. (SKH)
May 7, 2009 Filing 125 MOTION to Approve Settlement Receiver's Renewed Motion to Approve Settlement re: the Gary L. Musser and Irene H. Musser Family Trust by Burton W. Wiand. (Attachments: #1 Exhibit A, #2 Exhibit B)(Nelson, Carl)
May 5, 2009 Opinion or Order Filing 124 ORDER ATTACHED denying #122 Motion to Approve Settlement with Gary L. Musser and Irene H. Musser Family Trust. Signed by Judge Richard A. Lazzara on 5/5/2009. (CCB)
May 5, 2009 Filing 123 RESPONSE to motion re #122 MOTION to Approve Settlement re: the Gary L. Musser and Irene H. Musser Family Trust filed by Gary Musser. (RFM)
May 5, 2009 Filing 122 MOTION to Approve Settlement re: the Gary L. Musser and Irene H. Musser Family Trust by Burton W. Wiand. (Attachments: #1 Exhibit A)(Nelson, Carl)
May 4, 2009 Opinion or Order Filing 121 ENDORSED ORDER granting #120 Motion to Extend Time to File CMR up to and including 5/11/2009. Signed by Judge Richard A. Lazzara on 5/4/2009. (CCB)
May 1, 2009 Filing 120 First MOTION to extend time to File Case Management Report by Securities and Exchange Commission. (Masel, Scott)
May 1, 2009 Opinion or Order Filing 119 ORDER ATTACHED granting [117 & 118] Motions to Approve Settlement with regard to Learjet 31A and Cessna 550 owned by Tradewind LLC. Signed by Judge Richard A. Lazzara on 5/1/2009. (CCB)
April 30, 2009 Filing 118 MOTION to Approve Settlement with VFS Financing, Inc. regarding Cessna 550 by Burton W. Wiand. (Attachments: #1 Settlement Agreement, #2 Exhibit A - FAA Bill of Sale, #3 Exhibit B - Long form of Bill of Sale, #4 Exhibit C - Affidavit for Acceptance of Delivery, #5 Exhibit D - Form of Lender's Release)(Nelson, Carl)
April 30, 2009 Filing 117 MOTION to Approve Settlement with GE Capital Corporation and Fifth Third Bank regarding Learjet 31A by Burton W. Wiand. (Attachments: #1 Settlement Agreement, #2 Exhibit A - FAA Bill of Sale, #3 Exhibit B - Long form Bill of Sale, #4 Exhibit C - Affidavit of Acceptance of Delivery, #5 Exhibit D - Form of Lender's Release)(Nelson, Carl)
April 30, 2009 Opinion or Order Filing 116 ORDER ATTACHED granting #115 Motion for Possession of Note and Mortgage for Jefferson Pines Condominium. Signed by Judge Richard A. Lazzara on 4/30/2009. (CCB)
April 29, 2009 Filing 115 MOTION for miscellaneous relief, specifically Order allowing Cohen, Jayson and Foster, P.A. to assign the Promissory Note and Mortgage for Jefferson Pines Condominium to the Receiver by Burton W. Wiand. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Nelson, Carl)
April 28, 2009 Opinion or Order Filing 114 ORDER ATTACHED granting #113 Receiver's Motion to Approve Settlement. Signed by Judge Richard A. Lazzara on 4/28/2009. (DMB)
April 28, 2009 Filing 113 MOTION to Approve Settlement re: Andrew Lesnik by Burton W. Wiand. (Attachments: #1 Exhibit A)(Nelson, Carl)
April 24, 2009 Opinion or Order Filing 112 ENDORSED ORDER granting #111 Motion to strike. Signed by Judge Richard A. Lazzara on 4/24/2009. (SKH)
April 23, 2009 Filing 111 MOTION to strike #104 Answer to complaint Motion to Strike Nadel's "Counterclaim" by Burton W. Wiand. (Nelson, Carl) Motions referred to Magistrate Judge Thomas B. McCoun III.
April 23, 2009 Opinion or Order Filing 110 ORDER ATTACHED granting #109 Motion to Approve Settlement. Signed by Judge Richard A. Lazzara on 4/23/2009. (SKH)
April 22, 2009 Filing 109 MOTION to Approve Settlement by Burton W. Wiand. (Attachments: #1 Exhibit A)(Nelson, Carl)
April 20, 2009 Opinion or Order Filing 108 ORDER ATTACHED granting #107 Motion for Approval of Disposition of Helicopter. Signed by Judge Richard A. Lazzara on 4/20/2009. (SKH)
April 17, 2009 Filing 107 MOTION for miscellaneous relief, specifically Approval of Disposition of Helicopter by Burton W. Wiand. (Attachments: #1 Exhibit A)(Nelson, Carl)
April 17, 2009 Opinion or Order Filing 106 ORDER ATTACHED granting #105 Motion to Approve Settlement between Receiver and Mr. David Monte. Signed by Judge Richard A. Lazzara on 4/17/2009. (CCB)
April 16, 2009 Filing 105 MOTION to Approve Settlement by Burton W. Wiand. (Attachments: #1 Exhibit A)(Nelson, Carl)
April 6, 2009 Filing 104 ANSWER to #1 Complaint by Arthur Nadel.(JLH)
April 3, 2009 Filing 103 NOTICE by Burton W. Wiand of Filing the Receiver's First Interim Report (Attachments: #1 The Receiver's First Interim Report)(Nelson, Carl)
March 31, 2009 Filing 102 NOTICE receiving letter from defendant Arthur Nadel dated 3/25/09 by Arthur Nadel (JLH)
March 31, 2009 Opinion or Order Filing 101 ORDER directing defendant Nadel to file all future pleadings with the Clerk of Court. The clerk is directed to docket the Letter received as a miscellaneous notice. Signed by Judge Richard A. Lazzara on 3/31/2009. (JLH)
March 30, 2009 Opinion or Order Filing 100 ORDER ATTACHED granting #98 Motion for Possession of and Title to Real Property. Signed by Judge Richard A. Lazzara on 3/30/2009. (CCB)
March 27, 2009 Filing 99 DECLARATION of Receiver, Burton W. Wiand re #98 Unopposed MOTION for miscellaneous relief, specifically Order granting possession of and title to the real property located in Fairview, NC 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)(Morello, Gianluca)
March 27, 2009 Filing 98 Unopposed MOTION for miscellaneous relief, specifically Order granting possession of and title to the real property located in Fairview, NC by Burton W. Wiand. (Morello, Gianluca)
March 24, 2009 Opinion or Order Filing 97 ORDER ATTACHED granting #94 the Motion to Liquidate Certain Personal Property and granting the Motion for Authorization to Liquidate Terms of $5,000 or Less in Value Without Further Order of the Court. See Order for complete details. Signed by Judge Richard A. Lazzara on 3/24/2009. (DMB)
March 24, 2009 Opinion or Order Filing 96 ENDORSED ORDER granting #95 First MOTION to extend time to Conduct Case Management Meeting by Securities and Exchange Commission. The Case Management Report shall be filed on or before 5/4/09. Signed by Judge Richard A. Lazzara on 3/24/2009. (DMB)
March 23, 2009 Filing 95 First MOTION to extend time to Conduct Case Management Meeting by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Masel, Scott)
March 23, 2009 Filing 94 Unopposed MOTION for miscellaneous relief, specifically Order relating to liquidation of personal property by Burton W. Wiand. (Attachments: #1 Exhibit A)(Morello, Gianluca)
March 23, 2009 Filing 93 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: Claudia Spangler-Fry (CS)
March 23, 2009 Filing 92 TRANSCRIPT of Motion Hearing held on 3/20/09 before Judge Richard A. Lazzara. Court Reporter Claudia Spangler-Fry,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 4/13/2009, Redacted Transcript Deadline set for 4/23/2009, Release of Transcript Restriction set for 6/22/2009. (CS)
March 20, 2009 Opinion or Order Filing 91 ORDER ATTACHED denying #69 Motion for attorney fees and addressing Defendant Nadel's due process argument. Signed by Judge Richard A. Lazzara on 3/20/2009. (SKH)
March 20, 2009 Filing 90 Minute Entry. Proceedings held before Judge Richard A. Lazzara: Motion Hearing held on 3/20/2009 re #69 Amended MOTION for attorney fees filed by Arthur Nadel. Court Reporter: Claudia Spangler-Fry. (MSS)
March 19, 2009 Opinion or Order Filing 89 ORDER ATTACHED granting #87 Unopposed Motion for Approval of Disposition of 2009 Volkswagen. Signed by Judge Richard A. Lazzara on 3/19/2009. (CCB)
March 19, 2009 Opinion or Order Filing 88 ORDER ATTACHED denying #82 Motion to Intervene. See order for details. Signed by Judge Richard A. Lazzara on 3/19/2009. (SKH)
March 19, 2009 Filing 87 Unopposed MOTION for miscellaneous relief, specifically Approval of Disposition of Leased Vehicle (Volkswagen) by Burton W. Wiand. (Nelson, Carl)
March 19, 2009 Filing 86 RESPONSE to motion re #82 MOTION to intervene and Opposition to Motion to Pay Attorney Fees Filed by Arthur Nadel and Memorandum in Support of Motion to Intervene and Opposition to Motion to Pay Attorney Fees filed by Arthur Nadel. (Foster, Todd)
March 19, 2009 Filing 85 RESPONSE in opposition re #82 MOTION to intervene and Opposition to Motion to Pay Attorney Fees Filed by Arthur Nadel and Memorandum in Support of Motion to Intervene and Opposition to Motion to Pay Attorney Fees filed by Securities and Exchange Commission. (Masel, Scott)
March 18, 2009 Filing 84 RESPONSE in opposition re #69 Amended MOTION for attorney fees filed by Securities and Exchange Commission. (Attachments: #1 Exhibit 1, Receiver's Declaration, #2 Exhibit 2, Magistrate Judge Johnson's Opinion, #3 Exhibit 3, Judge Ungaro-Benages' Opinion)(Masel, Scott)
March 17, 2009 Opinion or Order Filing 83 ENDORSED ORDER directing an expedited response to #82 Motion to Intervene and Opposition to Motion to Pay Attorney Fees Filed by Arthur Nadel and Memorandum in Support of Motion to Intervene and Opposition to Motion to Pay Attorney Fees. The expedited response shall be filed on or before 12:00 noon on 3/19/09. Signed by Judge Richard A. Lazzara on 3/17/2009. (DMB)
March 17, 2009 Filing 82 MOTION to intervene and Opposition to Motion to Pay Attorney Fees Filed by Arthur Nadel and Memorandum in Support of Motion to Intervene and Opposition to Motion to Pay Attorney Fees by Bruce Bell, Carri Bell, Beatrice Bienaime, Jean-Jacques Bienaime, Charles Daukas, Angela Daukas, Worth Helms, Harvey Hinrichs, Bettye Hinrichs, David Ingalls, Harold Johnson, Krista Toomre, Barrant Merrill, Adams Moore, Patrick Peavy, Donna Pickard, Ronald Rennick, Scott Shumway, Celt, Inc., Lineberger & Co., LLC, Robert Wilkes. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Bentley, Morgan) Motions referred to Magistrate Judge Thomas B. McCoun III.
March 17, 2009 Opinion or Order Filing 81 AMENDED ORDER ATTACHED amending docket 79. Signed by Judge Richard A. Lazzara on 3/17/2009. (CCB)
March 17, 2009 Filing 80 DECLARATION of Receiver, Burton W. Wiand re #78 Fourth MOTION for miscellaneous relief, specifically to Expand the Scope of Receivership to include Lime Avenue Enterprises, LLC, and A Victorian Garden Florist, LLC by Burton W. Wiand. (Attachments: #1 Exhibit A - Articles of Organization (Lime), #2 Exhibit B - Annual Reports (Lime), #3 Exhibit C - 2007 Tax Return, #4 Exhibit D - Parcel Detail, #5 Exhibit E - Warranty Deed, #6 Exhibit F - Articles of Organization and Amendment (Victorian Garden), #7 Exhibit G - Annual Reports (Victorian Garden), #8 Exhibit H - Fictitious Name Registration (Victorian Garden), #9 Exhibit I - Balance Sheet (Lime))(Morello, Gianluca)
March 17, 2009 Opinion or Order Filing 79 ORDER ATTACHED granting #78 Motion to Expand Scope of Receivership. Signed by Judge Richard A. Lazzara on 3/17/2009. (CCB)
March 16, 2009 Filing 78 Fourth MOTION for miscellaneous relief, specifically to Expand the Scope of Receivership to include Lime Avenue Enterprises, LLC, and A Victorian Garden Florist, LLC by Burton W. Wiand. (Morello, Gianluca)
March 16, 2009 Filing 77 **DOC TERMINATED** TO BE REFILED** COUNSEL NOTIFIED **DECLARATION of Receiver Burton W. Wiand re #76 Fourth MOTION for miscellaneous relief, specifically to Expand the Scope of Receivership to include Lime Avenue Enterprises, LLC, and A Victorian Garden Florist, LLC by Burton W. Wiand. (Attachments: #1 Exhibit A - Articles of Organization (Lime), #2 Exhibit B - Annual Reports (Lime), #3 Exhibit C - 2007 Tax Return, #4 Exhibit D - Parcel Detail, #5 Exhibit E - Warranty Deed, #6 Exhibit F - Articles of Organization and Amendment (Victorian Garden), #7 Exhibit G - Annual Reports (Victorian Garden), #8 Exhibit H - Fictitious Name Registration (Victorian Garden), #9 Exhibit I - Balance Sheet (Lime))(Morello, Gianluca) Modified on 3/17/2009 (JLH).
March 16, 2009 Filing 76 **MOTION TERMINATED; COUNSEL CALLED, REFILED AT DOC 78** Fourth MOTION for miscellaneous relief, specifically to Expand the Scope of Receivership to include Lime Avenue Enterprises, LLC, and A Victorian Garden Florist, LLC by Burton W. Wiand. (Morello, Gianluca) Modified on 3/17/2009 (JLH).
March 16, 2009 Filing 75 NOTICE OF RESCHEDULING HEARING AS TO TIME ONLY: The Motion Hearing hearing previously scheduled for 3/20/09 at 1:30 p.m. is rescheduled. New scheduling date and time: Motion Hearing set for 3/20/2009 at 11:00 a.m., Courtroom 15B, before Judge Richard A. Lazzara. (SKH)
March 13, 2009 Filing 74 Supplemental MOTION for attorney fees by Arthur Nadel. (Foster, Todd)
March 13, 2009 Mail returned as Undeliverable re: #60 Order on motion for protective orderOrder on motion for entry of default. Mail resent to Arthur Nadel with register number. (JLH)
March 13, 2009 Mail returned as Undeliverable re: 60 Order on motion for protective orderOrder on motion for entry of default. Mail resent to Arthur Nadel with register number. (JLH)
March 12, 2009 Filing 73 NOTICE by R. Craig Harrison of Intent to Produce Documents Pursuant to Subpoena and Filing of Privilege Log (Harrison, R.)
March 11, 2009 Opinion or Order Filing 72 ORDER ATTACHED directing movant to submit additional filings in accord with the attached order. Signed by Judge Richard A. Lazzara on 3/11/2009. (CCB) (JLH).
March 10, 2009 Filing 71 NOTICE OF HEARING on #69 Amended Motion for Payment of Reasonable Attorneys' Fees: Motion Hearing scheduled on Friday, March 20, 2009 at 1:30 p.m. in Courtroom 15B before Judge Richard A. Lazzara. (SKH)
March 10, 2009 Opinion or Order Filing 70 ENDORSED ORDER directing Securities and Exchange Commission to respond to #69 Amended Motion for Attorneys' Fee. Responses due on or before 3/18/2009. Signed by Judge Richard A. Lazzara on 3/10/2009. (SKH)
March 10, 2009 Filing 69 Amended MOTION for attorney fees by Arthur Nadel. (Foster, Todd)
March 9, 2009 Opinion or Order Filing 68 ORDER ATTACHED granting #61 Motion to Expand Scope of Receivership. Signed by Judge Richard A. Lazzara on 3/9/2009. (CCB)
March 9, 2009 Opinion or Order Filing 67 ORDER ATTACHED granting #65 Motion for Approval of Disposition of 2008 Mercedes Benz. Signed by Judge Richard A. Lazzara on 3/9/2009. (CCB)
March 9, 2009 Opinion or Order Filing 66 ORDER ATTACHED denying as moot #64 Motion to Delay Entry of Default and denying for failure to comply with 3.01(g) #64 Motion to Modify. Signed by Judge Richard A. Lazzara on 3/9/2009. (CCB)
March 6, 2009 Filing 65 Unopposed MOTION for miscellaneous relief, specifically Approval of Disposition of Leased Vehicle (Mercedes-Benz) by Burton W. Wiand. (Nelson, Carl)
March 6, 2009 Filing 64 MOTION for miscellaneous relief, specifically Delay Entry of Default and to Modify Asset Freeze to Permit Payment of Reasonable Attorneys' Fees by Arthur Nadel. (Foster, Todd)
March 6, 2009 Filing 63 NOTICE of Limited Appearance by Todd Alan Foster on behalf of Arthur Nadel (Foster, Todd)
March 6, 2009 Filing 62 DECLARATION of Receiver Burton W. Wiand re #61 Unopposed MOTION for miscellaneous relief, specifically Expansion of Receivership to include Guy-Nadel Foundation, Inc. by Burton W. Wiand. (Attachments: #1 Exhibit A - Articles of Incorporation filed with Secretary of State, #2 Exhibit B - Annual Reports filed with Secretary of State, #3 Exhibit C - 2006 Tax Return, #4 Exhibit D - General Warranty Deed, #5 Exhibit E - General Warranty Deed, #6 Exhibit F - General Warranty Deed)(Morello, Gianluca)
March 6, 2009 Filing 61 Unopposed MOTION for miscellaneous relief, specifically Expansion of Receivership to include Guy-Nadel Foundation, Inc. by Burton W. Wiand. (Morello, Gianluca)
March 6, 2009 Opinion or Order Filing 60 ORDER following hearing held this day denying without prejudice #53 Motion for protective order; denying without prejudice #58 Motion for entry of default. See attached order for details/deadlines. Signed by Judge Richard A. Lazzara on 3/6/2009. (SKH)
March 6, 2009 Filing 59 Minute Entry. Proceedings held before Judge Richard A. Lazzara: Motion Hearing held on 3/6/2009 re #58 MOTION for entry of clerk's default against Arthur Nadel filed by Securities and Exchange Commission, #53 Emergency MOTION for protective order filed by R. Craig Harrison. Court Reporter: Claudia Spangler-Fry (MSS)
March 5, 2009 Filing 58 MOTION for entry of clerk's default against Arthur Nadel by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Masel, Scott) Motions referred to Magistrate Judge Thomas B. McCoun III.
March 5, 2009 Filing 57 DECLARATION of Ashley Bruce Trehan re #56 Memorandum in opposition by Burton W. Wiand. (Attachments: #1 Exhibit A - Warranty Deed, #2 Exhibit B - Warranty Deed, #3 Exhibit C - Mortgage, #4 Exhibit D - Verified Return of Service (R. Craig Harrison))(Trehan, Ashley)
March 5, 2009 Filing 56 MEMORANDUM in opposition re #53 Motion for protective order filed by Burton W. Wiand. (Trehan, Ashley)
March 4, 2009 Opinion or Order Filing 55 ENDORSED ORDER directing Burton W. Wiand to respond to #53 Emergency Motion for Protective Order. Response due on or before Thursday 3/5/2009 at 5:00 p.m. Signed by Judge Richard A. Lazzara on 3/4/2009. (CCB)
March 4, 2009 Filing 54 NOTICE of Hearing on #53 Emergency Motion for Protective Order set for Friday, 3/6/2009 at 08:30 AM in Courtroom 15 B before Judge Richard A. Lazzara. (CCB)
March 4, 2009 Filing 53 Emergency MOTION for protective order by R. Craig Harrison. (Attachments: #1 Exhibit, #2 Main Document Memorandum In Support of Motion for Protective Order, #3 Supplement General Summary of Documents)(Harrison, R.)
March 3, 2009 Opinion or Order Filing 52 ORDER ATTACHED granting #51 Motion for Approval of Disposition of Leased Vehicle. Signed by Judge Richard A. Lazzara on 3/3/2009. (CCB)
March 3, 2009 Filing 51 Unopposed MOTION for miscellaneous relief, specifically for Approval of Disposition of Leased Vehicle (Maserati) by Burton W. Wiand. (Nelson, Carl)
February 20, 2009 Filing 50 STATUS REPORT by Securities and Exchange Commission. (Masel, Scott)
February 18, 2009 Filing 49 NOTICE by Securities and Exchange Commission of Compliance with Court's February 3, 2009 Order (Zamorano, Andre)
February 17, 2009 Opinion or Order Filing 48 ORDER ATTACHED granting #47 Receiver's Unopposed Motion for Possession of Funds in Suntrust Bank. Signed by Judge Richard A. Lazzara on 2/17/2009. (SKH)
February 17, 2009 Filing 47 Unopposed MOTION for miscellaneous relief, specifically Possession of Funds in SunTrust Bank by Burton W. Wiand. (Nelson, Carl)
February 11, 2009 Filing 46 NOTICE canceling Motion to Intervene hearing scheduled for 2/12/09 at 9:30 a.m. (SKH)
February 11, 2009 Opinion or Order Filing 45 ORDER denying #32 Motion to Intervene. See attached order for details. Hearing scheduled 2/12/09 at 9:30 a.m. is cancelled. Signed by Judge Richard A. Lazzara on 2/11/2009. (SKH)
February 11, 2009 Opinion or Order Filing 44 ORDER ATTACHED granting #36 Motion to Expand the Scope of Receivership. Signed by Judge Richard A. Lazzara on 2/11/2009. (SKH)
February 10, 2009 Filing 43 RESPONSE in opposition re #32 MOTION to intervene and Proposed Motion to Modify Receivership filed by Securities and Exchange Commission. (Masel, Scott)
February 10, 2009 Filing 42 NOTICE of Appearance by Donald R. Kirk on behalf of Burton W. Wiand (Kirk, Donald)
February 10, 2009 Filing 41 AFFIDAVIT of Roger Wright Jernigan re: #39 Response in opposition to motion in Support of Opposition to Motion to Modify Order Appointing Receiver by Burton W. Wiand. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Nelson, Carl)
February 10, 2009 Filing 40 DECLARATION of Receiver, Burton W. Wiand re #39 Response in opposition to motion by Burton W. Wiand. (Nelson, Carl)
February 10, 2009 Filing 39 RESPONSE in opposition re #32 MOTION to intervene Receiver's Opposition to Emergency Motion to Modify Order Appointing Receiver filed by Burton W. Wiand. (Nelson, Carl)
February 10, 2009 Filing 38 RESPONSE in opposition re #32 MOTION to intervene filed by Burton W. Wiand. (Nelson, Carl)
February 10, 2009 Filing 37 DECLARATION of Receiver, Burton W. Wiand re #36 Unopposed MOTION for miscellaneous relief, specifically expansion of the receivership to include Laurel Mountain Preserve, LLC, Laurel Preserve, LLC, Laurel Mountain Preserve Homeowners Association, Inc., and the Marguerite J. Nadel Revocable Trust UAD 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, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Morello, Gianluca)
February 10, 2009 Filing 36 Unopposed MOTION for miscellaneous relief, specifically expansion of the receivership to include Laurel Mountain Preserve, LLC, Laurel Preserve, LLC, Laurel Mountain Preserve Homeowners Association, Inc., and the Marguerite J. Nadel Revocable Trust UAD 8/2/2007 by Burton W. Wiand. (Morello, Gianluca)
February 5, 2009 Filing 35 NOTICE of Appearance by Maya M. Lockwood on behalf of Burton W. Wiand (Lockwood, Maya)
February 5, 2009 Filing 34 NOTICE OF HEARING on #32 Motion to Intervene: Motion Hearing set for Thursday, February 12, 2009, at 9:30 a.m., in Courtroom 15B before Judge Richard A. Lazzara. See Order at Dkt. 33 for details. (SKH)
February 5, 2009 Opinion or Order Filing 33 ORDER ATTACHED scheduling expedited hearing on motion to intervene by General Electric Capital and VFS Financing, Inc. Hearing scheduled 2/12/09 at 9:30 a.m. Plaintiff and the Receiver shall file expedited responses on or before 2/10/09 to the motion to intervene and the proposed emergency motion to modify order appointing receiver. Signed by Judge Richard A. Lazzara on 2/5/2009. (SKH)
February 4, 2009 Filing 32 MOTION to intervene by General Electric Capital Corporation, VFS Financing, Inc.. (Attachments: #1 Exhibit A)(Kasten, Arthur) Motions referred to Magistrate Judge Thomas B. McCoun III.
February 3, 2009 Sealed document. S-1 (JLH)
February 3, 2009 Opinion or Order Filing 31 ENDORSED ORDER for Andre J. Zamorano to comply with the administrative procedures regarding electronic filing. 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." Upon review of the file, the Court finds that counsel set out above is not registered with the Court's CM/ECF filing system. Therefore, it is ORDERED AND ADJUDGED that counsel listed 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 thirty (30) days. Failure to comply with this Order as directed will result in counsel being terminated from the docket sheet without further notice. If the referenced attorney 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 2/3/2009. (SKH)
February 3, 2009 Filing 30 NOTICE canceling hearing on motion for preliminary injunction scheduled for 2/4/2009. (CCB)
February 3, 2009 Opinion or Order Filing 29 ORDER of Preliminary Injunction and other relief as to Defendant Arthur Nadel and ORDER granting #24 Motion to Approve Consent Judgment. Signed by Judge Richard A. Lazzara on 2/3/2009. (See order) (MSS)
February 2, 2009 Filing 28 NOTICE by Burton W. Wiand re #22 Order on Motion for Miscellaneous Relief NOTICE OF DISPOSITION OF FUNDS (Nelson, Carl)
February 2, 2009 Filing 27 CERTIFICATE of interested persons and corporate disclosure statement re #18 Related case order and notice of designation of track 2 by Securities and Exchange Commission. (Masel, Scott)
February 2, 2009 Filing 26 NOTICE of pendency of related cases re #18 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Securities and Exchange Commission. Related case(s): no (Masel, Scott)
February 2, 2009 Filing 25 CERTIFICATE of interested persons and corporate disclosure statement re #18 Related case order and notice of designation of track 2 by Burton W. Wiand. (Nelson, Carl)
February 2, 2009 Filing 24 Unopposed MOTION to Approve Consent Judgment and Notice of Filing the Consent of Defendant Arthur Nadel to Entry of Preliminary Injunction and Other Relief by Securities and Exchange Commission. (Attachments: #1 Consent of Defendant Arthur Nadel to Order of Preliminary Injunction and Other Relief)(Masel, Scott)
February 2, 2009 Filing 23 NOTICE of pendency of related cases re #18 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Burton W. Wiand. Related case(s): yes (Nelson, Carl)
January 30, 2009 Opinion or Order Filing 22 ORDER ATTACHED granting #21 Receiver's Unopposed Motion for Possession of Funds in Colonial Bank. Signed by Judge Richard A. Lazzara on 1/30/2009. (DMB)
January 30, 2009 Filing 21 Unopposed MOTION for miscellaneous relief, specifically for possession of funds in Colonial Bank by Burton W. Wiand. (Nelson, Carl)
January 30, 2009 Opinion or Order Filing 20 ORDER granting #19 Motion for temporary restraining order. TEMPORARY RESTRAINING ORDER is entered. Signed by Judge Richard A. Lazzara on 1/30/2009. (MSS)
January 29, 2009 Filing 19 Emergency MOTION for temporary restraining order , Unopposed, by Burton W. Wiand. (Nelson, Carl)
January 29, 2009 Opinion or Order Filing 18 AMENDED RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 2/2/2009. Signed by Judge Richard A. Lazzara on 1/29/2009. (Amended only as to the Case number)(MSS)
January 27, 2009 Opinion or Order Filing 17 ORDER ATTACHED granting #15 Motion to expand receivership. The receivership is expanded to include the entities known as Venice Jet Center, LLC, and Tradewind, LLC. These entities are specifically included within the ambit of the Court's Order Appointing Receiver. Signed by Judge Richard A. Lazzara on 1/27/2009. (SKH)
January 26, 2009 Filing 16 DECLARATION of Burton W. Wiand, as Receiver re #15 Unopposed MOTION for miscellaneous relief, specifically Expansion of Receivership to Include Venice Jet Center, LLC, and Tradewind, LLC by Burton W. Wiand. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Morello, Gianluca)
January 26, 2009 Filing 15 Unopposed MOTION for miscellaneous relief, specifically Expansion of Receivership to Include Venice Jet Center, LLC, and Tradewind, LLC by Burton W. Wiand. (Morello, Gianluca)
January 23, 2009 Filing 14 RETURN of service executed on January 21, 2009 by Securities and Exchange Commission as to Arthur Nadel. (Masel, Scott)
January 22, 2009 Opinion or Order Filing 13 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 2/2/2009. Signed by Judge Richard A. Lazzara on 1/22/2009. (MSS)
January 21, 2009 Filing 12 NOTICE of Appearance by Ashley Bruce Trehan on behalf of Burton W. Wiand (Trehan, Ashley)
January 21, 2009 Filing 11 NOTICE of Appearance by Gianluca Morello on behalf of Burton W. Wiand (Morello, Gianluca)
January 21, 2009 Filing 10 NOTICE of Appearance by Carl Richard Nelson on behalf of Burton W. Wiand (Nelson, Carl)
January 21, 2009 Opinion or Order Filing 9 ORDER granting #2 Motion for temporary restraining order; Show cause hearing set for February 4, 2009 at 9:30 a.m. before Judge Richard A. Lazzara, Courtroom 15B (See order for further details). Signed by Judge Richard A. Lazzara on 1/21/2009. (JLH)
January 21, 2009 Opinion or Order Filing 8 ORDER granting #6 Motion to appoint receiver. Burton W. Wiand appointed (see order for further details). Signed by Judge Richard A. Lazzara on 1/21/2009. (JLH)
January 21, 2009 Opinion or Order Filing 7 ORDER of preliminary injunction and other relief as to defendants Scoop Capital, LLC and Scoop Management and all other relief defendants (see order for further details) Signed by Judge Richard A. Lazzara on 1/21/2009. (JLH)
January 21, 2009 Filing 6 EMERGENCY MOTION to appoint receiver with memorandum in support by Securities and Exchange Commission. (JLH)
January 21, 2009 Filing 5 Summons issued as to Arthur Nadel. (JLH)
January 21, 2009 Filing 4 DECLARATION of Chedly C. Dumornay re #2 MOTION for temporary restraining order by Securities and Exchange Commission. (JLH)
January 21, 2009 Filing 3 NOTICE of filing consents to entry of order by Securities and Exchange Commission re #2 MOTION for temporary restraining order (JLH)
January 21, 2009 Filing 2 EMERGENCY MOTION with memorandum in supportfor temporary restraining order and other emergency relief by Securities and Exchange Commission. (JLH) (Additional attachment(s) added on 1/30/2009: #1 INDEX, #2 Tab 1, #3 Tab 1A, #4 Tab 1-B, #5 Tab 1-c, #6 Tab 1-D, #7 Tab 1-e, #8 Tab 1-F, #9 Tab 1-G, #10 Tab 1-H, #11 Tab 1-I, #12 Tab 1-J, #13 Index, #14 Tab 1-K, #15 Tab 1-L, #16 Tab 1-M, #17 Tab 1-N, #18 Tab 1-O, #19 Tab 2, #20 Tab 3, #21 Tab 4, #22 Tab 5, #23 Tab 6, #24 Tab 7, #25 Tab 8) (JLH).
January 21, 2009 Filing 1 COMPLAINT for injunctive and other relief against Victory IRA Fund, Ltd., Victory Fund, Ltd., Viking IRA Fund, LLC, Viking Fund, LLC, Viking Management, LLC, Arthur Nadel, Scoop Capital, LLC, Scoop Management, Inc., Scoop Real Estate, L.P., Valhalla Investment Partners, L.P., Valhalla Management, Inc. filed by Securities and Exchange Commission.(JLH)
January 21, 2009 Filing 1 COMPLAINT for injunctive and other relief against Victory IRA Fund, Ltd., Victory Fund, Ltd., Viking IRA Fund, LLC, Viking Fund, LLC, Viking Management, LLC, Arthur Nadel, Scoop Capital, LLC, Scoop Management, Inc., Scoop Real Estate, L.P., Valhalla Investment Partners, L.P., Valhalla Management, Inc. filed by Securities and Exchange Commission.(JLH)

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Defendant: Choice Direct Mail, Inc.
Represented By: George R. McLain
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Defendant: Arthur Nadel
Represented By: Todd Alan Foster
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Defendant: Scoop Capital, LLC
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Defendant: Scoop Management, Inc.
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Defendant: Scoop Real Estate, L.P.
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Defendant: Valhalla Investment Partners, L.P.
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Defendant: Valhalla Management, Inc.
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Defendant: Victory IRA Fund, Ltd.
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Defendant: Victory Fund, Ltd.
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Defendant: Viking IRA Fund, LLC
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Defendant: Viking Fund, LLC
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Defendant: Viking Management, LLC
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Defendant: E. John Lopez
Represented By: John William Chapman, Jr.
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Defendant: Carrelage Multi-Strategy Offshore Fund, Ltd.
Represented By: David A. Holmes
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Defendant: Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, N.A.
Represented By: Ana T. Barnett
Represented By: Louis Joseph Shaheen, Jr.
Represented By: Steven R. Wirth
Represented By: Julie Fishman Berkowitz
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Defendant: Kelvin V. Lee
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Defendant: Marty Huppert
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Defendant: Anne Nadel-Walbridge
Represented By: Matthew P. Farmer
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Defendant: Carnegie Marketing Associates, Inc.
Represented By: George R. McLain
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Defendant: Branch Banking & Trust Co. Successor to Colonial Bank NA
Represented By: David Stuart Garbett
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Plaintiff: United States Securities and Exchange Commission
Represented By: Andre J. Zamorano
Represented By: Robert K. Levenson
Represented By: Scott A. Masel
Represented By: Teresa Jacqueline Verges
Represented By: Anita M. Cream
Represented By: Jared J. Perez
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Intervenor plaintiff: Bruce Bell
Represented By: Morgan R. Bentley
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Intervenor plaintiff: Carri Bell
Represented By: Morgan R. Bentley
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Intervenor plaintiff: Beatrice Bienaime
Represented By: Morgan R. Bentley
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Intervenor plaintiff: Jean-Jacques Bienaime
Represented By: Morgan R. Bentley
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Intervenor plaintiff: Charles Daukas
Represented By: Morgan R. Bentley
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Intervenor plaintiff: Angela Daukas
Represented By: Morgan R. Bentley
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Intervenor plaintiff: Worth Helms
Represented By: Morgan R. Bentley
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Intervenor plaintiff: Harvey Hinrichs
Represented By: Morgan R. Bentley
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Intervenor plaintiff: Bettye Hinrichs
Represented By: Morgan R. Bentley
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Intervenor plaintiff: David Ingalls
Represented By: Morgan R. Bentley
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Intervenor plaintiff: Harold Johnson
Represented By: Morgan R. Bentley
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Intervenor plaintiff: Krista Toomre
Represented By: Morgan R. Bentley
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Intervenor plaintiff: Barrant Merrill
Represented By: Morgan R. Bentley
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Intervenor plaintiff: Adams Moore
Represented By: Morgan R. Bentley
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Intervenor plaintiff: Patrick Peavy
Represented By: Morgan R. Bentley
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Intervenor plaintiff: Donna Pickard
Represented By: Morgan R. Bentley
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Intervenor plaintiff: Louis Paolino
Represented By: Morgan R. Bentley
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Intervenor plaintiff: Ronald Rennick
Represented By: Morgan R. Bentley
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Intervenor plaintiff: Scott Shumway
Represented By: Morgan R. Bentley
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Intervenor plaintiff: Celt, Inc.
Represented By: Morgan R. Bentley
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Intervenor plaintiff: Lineberger & Co., LLC
Represented By: Morgan R. Bentley
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Intervenor plaintiff: Robert Wilkes
Represented By: Morgan R. Bentley
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Respondent: City of Venice
Represented By: Mark David Hildreth
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Respondent: John Hatchett Carney
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Respondent: Byron W. Hatchett
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Interpleader: Ty Hardin
Represented By: George R. McLain
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Claimant: Elendow LLC
Represented By: Joshua A. Bleil
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Intervenor: General Electric Capital Corporation
Represented By: Arthur Christopher Kasten, II
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Intervenor: VFS Financing, Inc.
Represented By: Arthur Christopher Kasten, II
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Intervenor: William F Bishop
Represented By: James L. Essenson
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Interested party: LandMark Bank of Florida
Represented By: J. Thomas Cardwell
Represented By: Kathryn B. Hoeck
Represented By: Michael A Nardella
Represented By: Thomas R. Yaegers
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Interested party: Wells Fargo Bank, N.A.
Represented By: Ana T. Barnett
Represented By: John L. Dicks, II
Represented By: Louis Joseph Shaheen, Jr.
Represented By: Steven R. Wirth
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Interested party: Fulcrum Distressed Opportunities Fund I, LP
Represented By: Kevin Michael Eckhardt
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Interested party: YMCA Foundation of Sarasota, Inc.
Represented By: Carol Ann Kalish
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Interested party: Vernon M. Lee
Represented By: Benjamin G. Martin
Represented By: Paul B. Thanasides
Represented By: Lorien Smith Johnson
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Interested party: Brian L. Meeker
Represented By: Lorien Smith Johnson
Represented By: Paul B. Thanasides
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Interested party: Samuel Ross Morgan, III
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Interested party: Goldman Sachs Execution & Clearing, L.P.
Represented By: Eric A. Bensky
Represented By: Howard Schiffman
Represented By: Janelle Alicia Weber
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Interested party: Wiand Guerra King P.L.
Represented By: Patrick Joseph McNamara
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Interested party: Emelie Zack
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Interested party: World Opportunity Fund, L.P.
Represented By: James E. Connelly
Represented By: Mark A Rogers
Represented By: Frederick Stewart Schrils
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Interested party: Peter Roby
Represented By: Jeffrey Wayne Warren
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Interested party: Katherine Roby
Represented By: Jeffrey Wayne Warren
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Interested party: Charles A. Hailey
Represented By: Jeffrey Wayne Warren
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Interested party: Gregg Weinberg
Represented By: Jeffrey Wayne Warren
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Interested party: Louis Wang
Represented By: Jeffrey Wayne Warren
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Interested party: John D. Whitlock
Represented By: Jeffrey Wayne Warren
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Interested party: Rodney Nigel Turner
Represented By: Jeffrey Wayne Warren
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Interested party: W.W. Whitlock Foundation
Represented By: Jeffrey Wayne Warren
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Interested party: Paul Swenson
Represented By: Jeffrey Wayne Warren
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Interested party: Harvey A. Gilbert
Represented By: Jeffrey Wayne Warren
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Interested party: Deanne E. Gilbert
Represented By: Jeffrey Wayne Warren
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Interested party: Thomas Luck
Represented By: Jeffrey Wayne Warren
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Interested party: Mark Munson
Represented By: Jeffrey Wayne Warren
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Interested party: Melinda Munson
Represented By: Jeffrey Wayne Warren
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Interested party: Munson Family Partners, Ltd.
Represented By: Jeffrey Wayne Warren
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Interested party: Richard Formica
Represented By: Chris A. Barker
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Interested party: Marilynn Formica
Represented By: Chris A. Barker
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Interested party: Ami Marie Formica
Represented By: Chris A. Barker
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Interested party: Matthew Francis Formica
Represented By: Chris A. Barker
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Interested party: Kevin Francis Formica
Represented By: Chris A. Barker
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Interested party: Van Operating, Ltd.
Represented By: Gregory M. Wilkes
Represented By: Mark A. Platt
Represented By: Roberta A. Colton
Represented By: Stephanie Crane Lieb
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Interested party: Chester Vincentz
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Interested party: Manon Sommers-Lee
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Interested party: Archer Petroleum
Represented By: Edwin P. Krieger
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Not classified by court: Howard Tescher
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Not classified by court: TRSTE, Inc.
Represented By: Ana T. Barnett
Represented By: Julie Fishman Berkowitz
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Receiver: Burton W. Wiand
Represented By: Carl Richard Nelson
Represented By: Donald R. Kirk
Represented By: Gianluca Morello
Represented By: Jonathan Betten Cohen
Represented By: Maya M. Lockwood
Represented By: Megan Elizabeth Davis
Represented By: Sean P. Keefe
Represented By: Susan Heath Sharp
Represented By: Terry Alan Smiljanich
Represented By: Ashley Bruce Trehan
Represented By: Jared J. Perez
Represented By: Jessica Hoyer Estes
Represented By: Jordan D. Maglich
Represented By: Michael S. Lamont
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Petitioner: R. Craig Harrison
Represented By: R. Craig Harrison
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Petitioner: Gary Musser
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Petitioner: Earl Niemoth
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Petitioner: Thomas J. Neff
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Petitioner: Donald H. Rowe
Represented By: Anne-Leigh Gaylord Moe
Represented By: Edward O. Savitz
Represented By: Karen Schmid Cox
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Petitioner: Norton Hammersley Lopez & Skokos
Represented By: John William Chapman, Jr.
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Petitioner: IBERIABANK
Represented By: Traci H. Rollins
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Petitioner: Managed Capital, LLC
Represented By: Gregory P. Brown
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Petitioner: Marguerite J. Nadel
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Petitioner: Richard T. Williams
Represented By: Jason T. Gaskill
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Petitioner: Barbara Meeker
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Petitioner: Diane Pezick
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Petitioner: Tyna Gaylor
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Petitioner: Quest Energy Management Group, Inc.
Represented By: James E. Felman
Represented By: John Austin Rine
Represented By: Katherine Earle Yanes
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Petitioner: Jeff Downey
Represented By: John Austin Rine
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Petitioner: Paul Downey
Represented By: John Austin Rine
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Petitioner: First National Bank of Albany/Breckenridge
Represented By: Raymond John Rotella
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Petitioner: United States Internal Revenue Service
Represented By: Lacy R. Harwell, Jr.
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Petitioner: Ruth Astisuk
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