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

Case 1:01-cv-00645-JLK

Document 97-3

Filed 07/25/2005

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 APPROVING PROCESS FOR APPOINTMENT OF RECEIVER The Securities and Exchange Commission has filed an unopposed motion requesting the appointment of a receiver to take possession of the assets of Kenneth Roy Weare, J&K Global Marketing Corporation and AAA-Auction.com, Inc., to establish and administer a claims process 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 criteria which were attached to the SEC's motion. The Court authorizes the SEC to submit the costs of publishing the advertisement to the Clerk of the Court for payment out of funds currently held in the registry of the court related to this case. Applicants shall have 45 days from the date of the last publication of the advertisement to submit proposals to the SEC. The SEC will then transmit all proposals to the Court within 15

Case 1:01-cv-00645-JLK

Document 97-3

Filed 07/25/2005

Page 2 of 2

business days after the closing date for applications along with any objections or recommendations. Defendants shall have 15 days from service of the proposals to submit any objections or recommendations on the applicants' proposals after which time the Court will make the appointment. SO ORDERED, this _____ day of ____________________, 2005.

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

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