Free Motion for Order - District Court of Colorado - Colorado


File Size: 16.0 kB
Pages: 2
Date: November 22, 2006
File Format: PDF
State: Colorado
Category: District Court of Colorado
Author: unknown
Word Count: 322 Words, 2,007 Characters
Page Size: Letter (8 1/2" x 11")
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Case 1:01-cv-00645-JLK

Document 146-6

Filed 11/22/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 01-CV-645-JLK SECURITIES AND EXCHANGE COMMISSION Plaintiff vs. KENNETH ROY WEARE aka ROY WEAVER, J&K GLOBAL MARKETING CORPORATION, AND AAA-AUCTION.COM, INC. Defendants

PROPOSED ORDER ON RECEIVER'S UNOPPOSED MOTION FOR ORDER DETERMINING ASSETS OF J&K GLOBAL MARKETING CORPORATION AND AAA-AUCTION.COM, INC. LIABLE FOR OBLIGATIONS OF KENNETH ROY WEARE

THE COURT, being advised in the premises, and having received and reviewed the Receiver's Unopposed Motion for Order Determining Assets of J&K Global Marketing Corporation and AAA-Auction,com, Inc. Liable for Obligations of Kenneth Roy Weare (the "Receiver's Motion") filed on November 22, 2006, and any response thereto, and finding the relief requested therein reasonable and justified under the circumstances of this receivership estate, FINDS that Kenneth Roy Weare and J&K Global Marketing Corporation are the alter egos of one another, that Kenneth Roy Weare and AAA-Auction.com, Inc. are the alter egos of one another, that justice requires recognizing the substance of the relationships over the forms 1

Case 1:01-cv-00645-JLK

Document 146-6

Filed 11/22/2006

Page 2 of 2

because these corporate fictions were utilized to perpetuate a fraud or defeat a right claim and that an equitable result is achieved by reverse piercing in this matter. Therefore, the Court ORDERS that the Receiver's Motion is hereby granted. The assets of J&K Global Marketing Corporation and of AAA-Auction.com, Inc., including the funds on deposit in the registry of the Court, are hereby liable for the obligations of Kenneth Roy Weare to the investors in J&K Global Marketing and AAA-Auction.com, Inc. and are available to satisfy the judgments against Kenneth Roy Weare entered by this Court on January 15, 2002. DATED this day of , 2006. BY THE COURT:

Senior Judge John L. Kane, Jr. United States District Court

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