Free Order on Motion to Appoint Receiver - District Court of Colorado - Colorado

Case 1:01-cv-00645-JLK

Document 99

Filed 07/26/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge John L. Kane Civil Action No. 01-CV-0645 JLK

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

ORDER APPROVING PROCES S FOR APPOINTMENT OF RECEIVER Kane, J. The Securities and Exchange Commission has filed an unopposed motion requesting the appointment of a receiver t o t ake p os s es sion of the assets of Kenneth Roy Weare, J&K G lobal M arketing Corporation and AAA-Auction.com, Inc., to establish and administ er a claims proces s for investors, and to propose a distribution plan to the court for funds collected from various bank accounts in the United States and abroad. The Court finds there is good cause to appoint a receiver for the three defendants and authorizes the SEC to publish an advertisement to seek proposals based on the crit eria which were attached to the SEC' motion. The Court authorizes the SEC to submit the s costs of publishing the advertisement to the Clerk of the Court for payment out of funds

Case 1:01-cv-00645-JLK

Document 99

Filed 07/26/2005

Page 2 of 2

currently held in the registry of the court related to this case. Applicants shall have 45 days from t he date of the last publication of the advertisement to submit proposals t o t he SEC. The SEC will then transmit all proposals to the Court within 15 business days after the closing date for applicat ions along with any objections or recommendations. D efendant s shall have 15 days from service of the

proposals to submit any objections or recommendat ions on the applicants'proposals after which time the Court will make the appointment. Dated this 26th day of July, 2005. BY THE COURT: S/John L. Kane Senior Judge, United States Dis t rict Court