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

Case 1:01-cv-00645-JLK

Document 125

Filed 05/31/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 01-CV-645-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.

MOTION FOR PAYMENT OF RECEIVER'S FEES AND EXPENSES

Patten, MacPhee & Associates, Inc., the Court-appointed Receiver, by and through its attorney, hereby moves the Court for an order approving payment in the amount of $18,053.42 for the Receiver's fees and expenses during the period December 1, 2005 through April 30, 2006, from funds held in the registry of the Court under this case name and number. In support thereof, the Receiver states as follows: 1. As set forth in the Receiver's Second Application for Fees and Expenses (including

exhibits and attachments), attached hereto, the Receiver expended a total of 38.0 hours for fees in the amount of $9,400.00 and incurred out-of-pocket expenses in the amount of $8,653.42 during the period of time covered by its fee application.

Case 1:01-cv-00645-JLK

Document 125

Filed 05/31/2006

Page 2 of 3

2.

The Receiver's fees and expenses were reasonable and necessary to the performance

of its duties set forth in the Court's Order Appointing Receiver dated October 26, 2005. 3. Pursuant to D.C.COLO.LCIVR 7.1.A, the Receiver has conferred with counsel for

the SEC and the SEC has no objection to the request for fees and expenses set forth in this motion. WHEREFORE, the Receiver respectfully requests that the Court enter an order granting this motion and directing the Clerk of the Court to pay $18,053.42 to the order of Patten, MacPhee & Associates, Inc., drawn from funds held in the registry of the Court under this case name and number. Dated this 31st day of May, 2006. s/ Michael D. Burns Michael D. Burns, #11631 1775 Sherman Street, Suite 2900 Denver, Colorado 80203 Telephone: (303) 296-2900 FAX: (303) 296-4475 E-mail: [email protected] Attorney for Receiver

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Case 1:01-cv-00645-JLK

Document 125

Filed 05/31/2006

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CERTIFICATE OF SERVICE I hereby certify that on May 31, 2006, I electronically filed the foregoing MOTION FOR PAYMENT OF RECEIVER'S FEES AND EXPENSES with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses: Robert M. Fusfeld [email protected] [email protected];[email protected] Virginia L. Grady [email protected] [email protected] Leslie J. Hughes [email protected] Thomas J. Krysa [email protected] [email protected];[email protected] Marc Milavitz [email protected] Edward A. Pluss [email protected] [email protected] and I certify that I have caused to be mailed a copy of the foregoing to the following non CM/ECF participant (individually and as agent for J&K Global Marketing Corporation and AAAAuction.com, Inc.) via U.S. mail, postage prepaid: Kenneth Weare 84168-198 FCI Terminal Island Federal Correctional Institution 1299 Seaside Avenue Terminal Island, CA 90731

s/ Michael D. Burns Michael D. Burns, #11631 Attorney for Receiver 1775 Sherman Street, Suite 2900 Denver, Colorado 80203 Telephone: (303) 296-2900 FAX: (303) 296-4475 E-mail: [email protected]