Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:01-cv-00645-JLK

Document 181

Filed 08/31/2007

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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 GARY PEDLER AND UNOPPOSED MOTION FOR PAYMENT OF ALLOWED CLAIM WITH CERTIFICATE OF COMPLIANCE

Claimant Gary Pedler, appearing pro se, and Patten, MacPhee & Associates, Inc., the Courtappointed 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 Gary Pedler, 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

4b6ac591-d44c-496f-8364-049244c47548 ("Claim"), claiming a total of $1,000.00.

Case 1:01-cv-00645-JLK

Document 181

Filed 08/31/2007

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2.

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

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

Receiver filed its Response with the Court on July 26, 2007. 4. On August 7, 2007, Claimant sent an e-mail to the Receiver, indicating that he has

no additional documentation supporting his Claim, accepting the allowed amount of $750.00, and asking the Receiver and the Court to process his payment of $750.00 "expediently." A subsequent e-mail from Claimant on August 14, 2007, reaffirmed that position. CERTIFICATE OF COMPLIANCE 5. 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 his allowed claim in the amount of $750.00. DATED this 29th day of August, 2007. s/ Gary Pedler Gary Pedler, Pro Se 9 Griffin Street, Everton Park Brisbane, Qld. 4053 AUSTRALIA +61-7-33559752/+61-4-11573522 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 181

Filed 08/31/2007

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CERTIFICATE OF SERVICE I hereby certify that on August 31, 2007, I electronically filed the foregoing STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE OF MOTION FOR REVIEW BY COURT FILED BY CLAIMANT GARY PEDLER 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: Gary Pedler 9 Griffin Street, Everton Park Brisbane, Qld. 4053 AUSTRALIA

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]