Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:01-cv-00645-JLK

Document 182

Filed 09/04/2007

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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 KARYN DANIELS AND UNOPPOSED MOTION FOR PAYMENT OF ALLOWED CLAIM WITH CERTIFICATE OF COMPLIANCE

Claimant Karyn Daniels, 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 Karyn Daniels, and hereby stipulate and move the Court to enter an order authorizing and directing the payment of Claimant's allowed claim in the amount of $750.00. As grounds therefor, the parties state as follows: 1. On or about January 4, 2007, Claimant submitted to the Receiver Claim Number

1b395adc-7d31-4830-b95d-0845f9d48ad4 ("Claim"), which did not claim a specified amount. Instead, the Claim identified for the Receiver names under which Claimant may have invested.

Case 1:01-cv-00645-JLK

Document 182

Filed 09/04/2007

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2.

For reasons discussed more fully in the Receiver's Response to Motion For Review

by Court Filed by Claimant Karyn Daniels ("Response"), the Receiver allowed the Claim in the amount of $750.00. 3. On or about July 16, 2007, Claimant filed her Motion For Review By Court and the

Receiver filed its Response with the Court on July 26, 2007. 4. On August 2, 2007, the undersigned, on behalf of the Receiver, sent an e-mail to

Claimant, requesting additional documents or other evidence supporting her Claim and asking Claimant to call the undersigned in order to discuss her Claim further. In doing so, the Receiver hoped to avoid the additional costs associated with a court hearing, if possible. 5. Later that afternoon, Claimant responded by e-mail to the Receiver, stating that she

had no additional documents and asking the Receiver to "simply cancel my request for a Review." 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 and authorizing and directing the payment to Claimant of her allowed claim in the amount of $750.00. DATED this 31st day of August, 2007. s/ Karyn Daniels Karyn Daniels, Pro Se 10711 Burnt Oak Drive Austin, Texas 78737 (512) 288-6796 E-mail: [email protected]
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Case 1:01-cv-00645-JLK

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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 182

Filed 09/04/2007

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CERTIFICATE OF SERVICE I hereby certify that on September 4th, 2007, I electronically filed the foregoing STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE OF MOTION FOR REVIEW BY COURT FILED BY CLAIMANT KARYN DANIELS AND UNOPPOSED MOTION FOR PAYMENT OF ALLOWED CLAIM 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: Karyn Daniels 10711 Burnt Oak Drive Austin, Texas 78737

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]