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Securities and Exchange Commission v. Arthur Nadel; Scoop Capital

November 22, 2011

SECURITIES AND EXCHANGE COMMISSION, PLAINTIFF,
v.
ARTHUR NADEL; SCOOP CAPITAL, LLC; AND SCOOP MANAGEMENT, INC., DEFENDANTS, SCOOP REAL ESTATE, L.P.; VALHALLA INVESTMENT PARTNERS, L.P.; VALHALLA MANAGEMENT, INC.; VICTORY IRA FUND, LTD.; VICTORY FUND, LTD.; VIKING IRA FUND, LLC; VIKING FUND, LLC; AND VIKING MANAGEMENT, LLC, RELIEF DEFENDANTS.



The opinion of the court was delivered by: Richard A. Lazzara United States District Judge

ORDER

The receiver has filed a second motion for permission to appeal three subsequent orders compelling arbitration entered by United States District Judge Elizabeth A. Kovachevich in what are commonly referred to as "clawback" lawsuits. *fn1 As with the earlier order granting the Receiver's request for permission to appeal, the Court will grant the motion and permit the receiver to appeal Judge Kovachevich's latest orders compelling arbitration to the Eleventh Circuit Court of Appeals but with the understanding that this Court reserves the jurisdiction to later direct the Receiver to dismiss these appeals in the event the Court becomes convinced that pursuing the appeals would not be in the best interest of the receivership estate and the defrauded investors. Accordingly, it is ordered and adjudged that the Receiver's Second Unopposed Motion for Permission to Appeal (Dkt. 671) is granted.

Richard A. Lazzara

COPIES FURNISHED TO: Counsel ...


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