Free Motion for Disbursement of Funds - District Court of Colorado - Colorado

Case 1:01-cv-00645-JLK

Document 136-2

Filed 09/21/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 01-CV-0645-JLK

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. KENNETH ROY WEARE, a/k/a ROY WEAVER, J & K GLOBAL MARKETING CORPORATION, and AAA-AUCTION.COM, INC., Defendants.

ORDER TO DISBURSE FUNDS TO PAY TAX OBLIGATIONS AND TAX ADMINISTRATOR'S FEES

The Court having reviewed the Securities and Exchange Commission's uncontested motion to disburse funds to pay tax obligations of Distribution Fund and the Tax Administrator's fees for preparing the 2004 and 2005 tax returns, and the supporting Declarations of the Tax Administrator, and for good cause shown, IT IS HEREBY ORDERED: 1. The Clerk of the Court shall issue a check drawn on either account number 1:01-CV000645 or 1:01-CV-000645-1, under case name SEC v. Kenneth Roy Weare, et al., case no. 01CV-0645-JLK, for the amount of $29,500 payable to "Damasco & Associates, Trust Account," for the payment of tax obligations as provided in the Declarations. The check shall contain the notation "EIN 20-4131645" for the tax identification number of the Distribution Fund and the notation for the case name and number, "SEC v. Kenneth Roy Weare, et al., case no. 01-CV-

Case 1:01-cv-00645-JLK

Document 136-2

Filed 09/21/2006

Page 2 of 2

0645-JLK." The Clerk is directed to pay these funds first from interest earned by the account and then if necessary from principal. 2. The Clerk of the Court shall issue a check drawn on either account number 1:01-

CV-000645 or 1:01-CV-000645-1, under case name SEC v. Kenneth Roy Weare, et al., case no. 01-CV-0645-JLK, for the amount of $3,000 payable to "Damasco & Associates" for the payment of the fees of the Tax Administrator as provided in the Declaration. The check shall contain the notation "EIN 20-4131645" for the tax identification number of the Distribution Fund and the notation for the case name and number, "SEC v. Kenneth Roy Weare, et al., case no. 01-CV0645-JLK." The Clerk is directed to pay these funds first from interest earned by the account and then if necessary from principal. 3. The Clerk shall send the check by overnight mail to: Damasco & Associates LLP 244 Jackson Street, Fourth Floor San Francisco, CA 94111 Phone: 415-217-4900 The Commission's counsel shall provide the Court Registry with the necessary overnight shipping information and the SEC's billing number to pay for the overnight mailing. DATED: ____________________, 2006 BY THE COURT:

___________________________________ John L. Kane Senior Judge, U.S. District Court