Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:01-cv-00645-JLK

Document 185

Filed 09/07/2007

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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.

STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE OF MOTION FOR REVIEW BY COURT FILED BY CLAIMANT FRANK L. MILLER WITH CERTIFICATE OF COMPLIANCE

Claimant Frank L. Miller, appearing pro se, and Patten, MacPhee & Associates, Inc., the Court-appointed Receiver, by and through its attorney, stipulate and agree, pursuant to Fed.R.Civ.P. 41(a)(1)(ii), to the dismissal with prejudice of the Motion For Review By Court Filed by Claimant Frank L. Miller. As grounds therefor, the parties state as follows: 1. On or about March 12, 2007, Claimant submitted to the Receiver Claim Number

9363b6fe-eb83-43c8-dda9f3f75890 ("Claim"), claiming a total of $1,200.00. 2. On June 29, 2007, the Receiver sent a Final Determination Notice to Claimant,

partially granting his request for reconsideration and allowing his Claim in the amount of $750.00 3. On or about July 18, 2007, Claimant filed his Motion For Review By Court and the

Receiver filed its Response with the Court on July 26, 2007.

Case 1:01-cv-00645-JLK

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Filed 09/07/2007

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4.

On July 23, 2007, the undersigned contacted Claimant by telephone. As a result of

information provided during that telephone conversation, the Receiver and Claimant agreed that his Claim should be allowed in the amount of $1,125.00. Thus, the parties have amicably resolved the dispute raised by Claimant's Motion for Review by Court. 5. On July 31, 2007, the Court entered its Order Authorizing and Directing Payment of

Allowed Claims and Setting a Hearing Date on Claimants' Motions for Review ("Order"). In accordance with the Order, the Clerk of the Court issued and mailed a check in the amount of $1,125.00 to the Claimant, which he has now received. CERTIFICATE OF COMPLIANCE 6. Undersigned counsel has conferred with Leslie J. Hughes, counsel for the SEC, and

is authorized to represent that Ms. Hughes does not oppose this stipulated motion. WHEREFORE, Claimant and the Receiver respectfully request that the Court enter an order dismissing with prejudice Claimant's Motion For Review By Court. DATED this 31st day of August, 2007.

s/ Frank L. Miller Frank L. Miller, Pro Se 1248 Stone Harbour Road Winter Springs, FL 32708 (321) 377-0647 E-mail: [email protected]

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DATED this 28th day of August, 2007.

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 185

Filed 09/07/2007

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CERTIFICATE OF SERVICE I hereby certify that on September 7, 2007, I electronically filed the foregoing STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE OF MOTION FOR REVIEW BY COURT FILED BY CLAIMANT FRANK L. MILLER WITH CERTIFICATE OF COMPLIANCE with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses: Leslie J. Hughes [email protected] Christine J. Jobin [email protected] Thomas J. Krysa [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 via U.S. mail, postage prepaid: Frank L. Miller 1248 Stone Harbour Road Winter Springs, FL 32708

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]