The following documents for this case are available for you to view or download.
| Date Filed | # | Document Text |
|---|
| January 21, 2009 | 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 | 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 | 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 | 4 | DECLARATION of Chedly C. Dumornay re 2 MOTION for temporary restraining order by Securities and Exchange Commission. (JLH) |
| January 21, 2009 | 5 | Summons issued as to Arthur Nadel. (JLH) |
| January 21, 2009 | 6 | EMERGENCY MOTION to appoint receiver with memorandum in support by Securities and Exchange Commission. (JLH) |
| January 21, 2009 | 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 | 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 | 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 | 10 | NOTICE of Appearance by Carl Richard Nelson on behalf of Burton W. Wiand (Nelson, Carl) |
| January 21, 2009 | 11 | NOTICE of Appearance by Gianluca Morello on behalf of Burton W. Wiand (Morello, Gianluca) |
| January 21, 2009 | 12 | NOTICE of Appearance by Ashley Bruce Trehan on behalf of Burton W. Wiand (Trehan, Ashley) |
| January 22, 2009 | 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 23, 2009 | 14 | RETURN of service executed on January 21, 2009 by Securities and Exchange Commission as to Arthur Nadel. (Masel, Scott) |
| January 26, 2009 | 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 26, 2009 | 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 27, 2009 | 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 29, 2009 | 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 29, 2009 | 19 | Emergency MOTION for temporary restraining order , Unopposed, by Burton W. Wiand. (Nelson, Carl) |
| January 30, 2009 | 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 30, 2009 | 21 | Unopposed MOTION for miscellaneous relief, specifically for possession of funds in Colonial Bank by Burton W. Wiand. (Nelson, Carl) |
| January 30, 2009 | 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) |
| February 2, 2009 | 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) |
| February 2, 2009 | 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 | 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 | 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 | 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 | 28 | NOTICE by Burton W. Wiand re 22 Order on Motion for Miscellaneous Relief NOTICE OF DISPOSITION OF FUNDS (Nelson, Carl) |
| February 3, 2009 | 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 4, 2009 | 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 5, 2009 | 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 5, 2009 | 35 | NOTICE of Appearance by Maya M. Lockwood on behalf of Burton W. Wiand (Lockwood, Maya) |
| February 10, 2009 | 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 10, 2009 | 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 | 38 | RESPONSE in opposition re 32 MOTION to intervene filed by Burton W. Wiand. (Nelson, Carl) |
| February 10, 2009 | 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 | 40 | DECLARATION of Receiver, Burton W. Wiand re 39 Response in opposition to motion by Burton W. Wiand. (Nelson, Carl) |
| February 10, 2009 | 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 | 42 | NOTICE of Appearance by Donald R. Kirk on behalf of Burton W. Wiand (Kirk, Donald) |
| February 10, 2009 | 43 | RESPONSE in opposition re 32 MOTION to intervene and Proposed Motion to Modify Receivership filed by Securities and Exchange Commission. (Masel, Scott) |
| February 11, 2009 | 44 | ORDER ATTACHED granting 36 Motion to Expand the Scope of Receivership. Signed by Judge Richard A. Lazzara on 2/11/2009. (SKH) |
| February 11, 2009 | 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 17, 2009 | 47 | Unopposed MOTION for miscellaneous relief, specifically Possession of Funds in SunTrust Bank by Burton W. Wiand. (Nelson, Carl) |
| February 17, 2009 | 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 18, 2009 | 49 | NOTICE by Securities and Exchange Commission of Compliance with Court's February 3, 2009 Order (Zamorano, Andre) |
| February 20, 2009 | 50 | STATUS REPORT by Securities and Exchange Commission. (Masel, Scott) |
| March 3, 2009 | 51 | Unopposed MOTION for miscellaneous relief, specifically for Approval of Disposition of Leased Vehicle (Maserati) by Burton W. Wiand. (Nelson, Carl) |
| March 3, 2009 | 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 4, 2009 | 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 5, 2009 | 56 | MEMORANDUM in opposition re 53 Motion for protective order filed by Burton W. Wiand. (Trehan, Ashley) |
| March 5, 2009 | 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 | 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 6, 2009 | 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 6, 2009 | 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 | 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 | 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 | 63 | NOTICE of Limited Appearance by Todd Alan Foster on behalf of Arthur Nadel (Foster, Todd) |
| March 6, 2009 | 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 | 65 | Unopposed MOTION for miscellaneous relief, specifically Approval of Disposition of Leased Vehicle (Mercedes-Benz) by Burton W. Wiand. (Nelson, Carl) |
| March 9, 2009 | 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 9, 2009 | 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 | 68 | ORDER ATTACHED granting 61 Motion to Expand Scope of Receivership. Signed by Judge Richard A. Lazzara on 3/9/2009. (CCB) |
| March 10, 2009 | 69 | Amended MOTION for attorney fees by Arthur Nadel. (Foster, Todd) |
| March 11, 2009 | 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 12, 2009 | 73 | NOTICE by R. Craig Harrison of Intent to Produce Documents Pursuant to Subpoena and Filing of Privilege Log (Harrison, R.) |
| March 13, 2009 | 74 | Supplemental MOTION for attorney fees by Arthur Nadel. (Foster, Todd) |
| March 16, 2009 | 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 | 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 | 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 17, 2009 | 79 | ORDER ATTACHED granting 78 Motion to Expand Scope of Receivership. Signed by Judge Richard A. Lazzara on 3/17/2009. (CCB) |
| March 17, 2009 | 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 | 81 | AMENDED ORDER ATTACHED amending docket 79. Signed by Judge Richard A. Lazzara on 3/17/2009. (CCB) |
| March 17, 2009 | 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 18, 2009 | 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 19, 2009 | 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 19, 2009 | 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 | 87 | Unopposed MOTION for miscellaneous relief, specifically Approval of Disposition of Leased Vehicle (Volkswagen) by Burton W. Wiand. (Nelson, Carl) |
| March 19, 2009 | 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 | 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 20, 2009 | 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 20, 2009 | 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 23, 2009 | 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 23, 2009 | 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 | 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 24, 2009 | 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 27, 2009 | 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 27, 2009 | 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 30, 2009 | 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 31, 2009 | 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 31, 2009 | 102 | NOTICE receiving letter from defendant Arthur Nadel dated 3/25/09 by Arthur Nadel (JLH) |
| April 3, 2009 | 103 | NOTICE by Burton W. Wiand of Filing the Receiver's First Interim Report (Attachments: # 1 The Receiver's First Interim Report)(Nelson, Carl) |
| April 6, 2009 | 104 | ANSWER to 1 Complaint by Arthur Nadel.(JLH) |
| April 16, 2009 | 105 | MOTION to Approve Settlement by Burton W. Wiand. (Attachments: # 1 Exhibit A)(Nelson, Carl) |
| April 17, 2009 | 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 17, 2009 | 107 | MOTION for miscellaneous relief, specifically Approval of Disposition of Helicopter by Burton W. Wiand. (Attachments: # 1 Exhibit A)(Nelson, Carl) |
| April 20, 2009 | 108 | ORDER ATTACHED granting 107 Motion for Approval of Disposition of Helicopter. Signed by Judge Richard A. Lazzara on 4/20/2009. (SKH) |
| April 22, 2009 | 109 | MOTION to Approve Settlement by Burton W. Wiand. (Attachments: # 1 Exhibit A)(Nelson, Carl) |
| April 23, 2009 | 110 | ORDER ATTACHED granting 109 Motion to Approve Settlement. Signed by Judge Richard A. Lazzara on 4/23/2009. (SKH) |
| April 23, 2009 | 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 28, 2009 | 113 | MOTION to Approve Settlement re: Andrew Lesnik by Burton W. Wiand. (Attachments: # 1 Exhibit A)(Nelson, Carl) |
| April 28, 2009 | 114 | ORDER ATTACHED granting 113 Receiver's Motion to Approve Settlement. Signed by Judge Richard A. Lazzara on 4/28/2009. (DMB) |
| April 29, 2009 | 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 30, 2009 | 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 30, 2009 | 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 | 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) |
| May 1, 2009 | 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) |
| May 1, 2009 | 120 | First MOTION to extend time to File Case Management Report by Securities and Exchange Commission. (Masel, Scott) |
| May 5, 2009 | 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 5, 2009 | 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 | 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 7, 2009 | 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 7, 2009 | 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 11, 2009 | 127 | CASE MANAGEMENT REPORT. (Masel, Scott) |
| May 12, 2009 | 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 13, 2009 | 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 14, 2009 | 130 | ORDER granting 129 Motion for attorney fees. (See order for details) Signed by Judge Richard A. Lazzara on 5/14/2009. (MSS) |
| May 14, 2009 | 131 | Unopposed MOTION for leave to file Complaint Pursuant to Title 14 CFR Part 16 by Burton W. Wiand. (Nelson, Carl) |
| May 14, 2009 | 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 | 133 | MOTION to Approve Settlement re: Philip and Janice Day by Burton W. Wiand. (Attachments: # 1 Exhibit A - Settlement Agreement)(Nelson, Carl) |
| May 15, 2009 | 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 19, 2009 | 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 20, 2009 | 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 22, 2009 | 137 | MOTION to Approve Settlement re: Victor and Susan Trzeciak by Burton W. Wiand. (Attachments: # 1 Exhibit A)(Nelson, Carl) |
| May 22, 2009 | 138 | ORDER granting 137 Receiver's Motion to Approve Settlement. Signed by Judge Richard A. Lazzara on 5/22/2009. (SKH) |
| June 2, 2009 | 139 | MOTION for miscellaneous relief, specifically to Reappoint Receiver by Burton W. Wiand. (Attachments: # 1 Exhibit A - Proposed Order Reappointing Receiver)(Nelson, Carl) |
| June 3, 2009 | 140 | ORDER granting 139 Motion to Reappoint Receiver. Signed by Judge Richard A. Lazzara on 6/3/2009. (SKH) |
| June 9, 2009 | 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 29, 2009 | 142 | MOTION to Approve Settlement re: Luis Perez by Burton W. Wiand. (Attachments: # 1 Exhibit A - Settlement Agreement)(Nelson, Carl) |
| June 29, 2009 | 143 | ORDER ATTACHED granting 142 Receiver's Motion to Approve Settlement. Signed by Judge Richard A. Lazzara on 6/29/2009. (DMB) |
| July 7, 2009 | 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) |
| July 7, 2009 | 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 | 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 | 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 8, 2009 | 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 8, 2009 | 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 | 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 14, 2009 | 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 14, 2009 | 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 15, 2009 | 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 16, 2009 | 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 20, 2009 | 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 21, 2009 | 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 21, 2009 | 157 | NOTICE of Appearance by Kathryn B. Hoeck on behalf of LandMark Bank of Florida (Hoeck, Kathryn) |
| July 21, 2009 | 158 | NOTICE of Appearance by J. Thomas Cardwell on behalf of LandMark Bank of Florida (Cardwell, J.) |
| July 21, 2009 | 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 | 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 23, 2009 | 162 | CORRESPONDENCE to the court from Peg Nadel (MSS) |
| July 27, 2009 | 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 28, 2009 | 165 | ORDER granting 164 Motion for attorney fees. (See order) Signed by Judge Richard A. Lazzara on 7/28/2009. (MSS) |
| August 4, 2009 | 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) |
| August 4, 2009 | 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 | 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 5, 2009 | 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 7, 2009 | 170 | Unopposed MOTION for miscellaneous relief, specifically to Expand Receivership (to Include Home Front Homes LLC) by Burton W. Wiand. (Morello, Gianluca) |
| August 7, 2009 | 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 10, 2009 | 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 11, 2009 | 173 | CORRESPONDENCE to the Court from Arthur Nadel (MSS) |
| August 11, 2009 | 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 12, 2009 | 175 | ORDER ATTACHED granting 174 Receiver's Motion to Retain Counsel. Signed by Judge Richard A. Lazzara on 8/12/2009. (CCB) |
| August 17, 2009 | 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 25, 2009 | 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 25, 2009 | 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 26, 2009 | 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 26, 2009 | 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 27, 2009 | 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 27, 2009 | 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) |
| September 3, 2009 | 186 | MOTION to Approve Settlement re: John Cart by Burton W. Wiand. (Attachments: # 1 Exhibit A - Settlement Agreement re John Cart)(Nelson, Carl) |
| September 3, 2009 | 187 | ORDER ATTACHED granting 186 Motion to Approve Settlement. Signed by Judge Richard A. Lazzara on 9/3/2009. (SKH) |
| September 3, 2009 | 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 | 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 | 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 4, 2009 | 191 | MOTION for reconsideration re 190 Order on Motion for Miscellaneous Relief and Clarification by Louis Paolino. (Bentley, Morgan) |
| September 8, 2009 | 192 | ORDER ATTACHED denying 191 Motion for Reconsideration. Signed by Judge Richard A. Lazzara on 9/8/2009. (CCB) |
| September 11, 2009 | 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 16, 2009 | 196 | MOTION to Approve Settlement re: Steven D. Wood Living Trust by Burton W. Wiand. (Nelson, Carl) |
| September 17, 2009 | 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 21, 2009 | 198 | MOTION for J. Thomas Cardwell to withdraw as attorney by LandMark Bank of Florida. (Hoeck, Kathryn) |
| September 21, 2009 | 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 23, 2009 | 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 23, 2009 | 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 | 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 | 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 | 205 | DECLARATION of Burton W. Wiand, Receiver re 204 Response in opposition to motion by Burton W. Wiand. (Morello, Gianluca) |
| September 23, 2009 | 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 24, 2009 | 207 | ORDER ATTACHED denying 193 Bishop's Motion to Intervene. Signed by Judge Richard A. Lazzara on 9/24/2009. (CCB) |
| October 16, 2009 | 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) |
| October 19, 2009 | 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 20, 2009 | 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 20, 2009 | 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 29, 2009 | 213 | MOTION to compel by Earl Niemoth, Thomas J. Neff. (JLH) |
| November 3, 2009 | 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) |
| November 3, 2009 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 223 | MOTION to intervene by Earl Niemoth. (RFM) Motions referred to Magistrate Judge Thomas B. McCoun III. |
| November 4, 2009 | 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 6, 2009 | 225 | MOTION to Approve Settlement re: Castor Family Revocable Living Trust by Burton W. Wiand. (Nelson, Carl) |
| November 6, 2009 | 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 | 227 | MOTION to Approve Settlement re: William Gasparrini by Burton W. Wiand. (Nelson, Carl) |
| November 6, 2009 | 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 13, 2009 | 229 | NOTICE of change of address by Gianluca Morello (Morello, Gianluca) |
| November 13, 2009 | 230 | AMENDED MOTION to intervene by Earl Niemoth, Thomas J. Neff. (BES) Motions referred to Magistrate Judge Thomas B. McCoun III. |
| November 13, 2009 | 231 | ORDER ATTACHED denying 230 Amended Motion to Intervene. Signed by Judge Richard A. Lazzara on 11/13/2009. (CCB) |
| November 16, 2009 | 232 | NOTICE of change of address by Maya M. Lockwood (Lockwood, Maya) |
| November 19, 2009 | 233 | Unopposed MOTION for miscellaneous relief, specifically for Approval of Transfer of Title to Vehicle by Burton W. Wiand. (Morello, Gianluca) |
| November 20, 2009 | 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 23, 2009 | 235 | NOTICE OF APPEAL as to 207 Order on motion to intervene by William F Bishop. (Filing fee not paid) (Essenson, James) |
| November 23, 2009 | 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 | 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 24, 2009 | 238 | 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) |
| November 25, 2009 | 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) |
| December 1, 2009 | 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. |
| December 1, 2009 | 242 | Unopposed MOTION for miscellaneous relief, specifically waive imposition of filing fees by Burton W. Wiand. (Morello, Gianluca) |
| December 2, 2009 | 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 2, 2009 | 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 | 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 7, 2009 | 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 7, 2009 | 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 | 250 | MOTION for protective order by non-party by Donald H. Rowe. (Attachments: # 1 Exhibit 1)(Moe, Anne-Leigh) |
| December 8, 2009 | 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 11, 2009 | 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 14, 2009 | 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 | 256 | CERTIFICATE OF SERVICE by Burton W. Wiand re 255 Order (Morello, Gianluca) |
| December 15, 2009 | 257 | NOTICE of unavailability of counsel bySecurities and Exchange Commission from December 17, 2009 to January 5, 2010. (Masel, Scott) |
| December 16, 2009 | 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 16, 2009 | 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 17, 2009 | 260 | MOTION to Approve Settlement re: Trevor Taylor by Burton W. Wiand. (Attachments: # 1 Exhibit A - Executed Settlement Agreement)(Morello, Gianluca) |
| December 17, 2009 | 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 | 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 | 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) |
