Free Order on Motion for Disbursement of Funds - District Court of Colorado - Colorado

Case 1:01-cv-00645-JLK

Document 178

Filed 07/31/2007

Page 1 of 3

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.

ORDER AUTHORIZING AND DIRECTING PAYMENT OF ALLOWED CLAIMS AND SETTING A HEARING DATE ON CLAIMANTS' MOTIONS FOR REVIEW

THE COURT having reviewed the Receiver's Combined Status Report and Motion for Order Authorizing and Directing Payment of Allowed Claims and to Set Hearing Date on Claimants' Motions for Review by Court ("Receiver's Motion"), and being advised in the premises, finds that the relief requested in the Receiver's Motion is reasonable and justified under the circumstances of this receivership estate. The Court ORDERS that the Receiver's Motion is granted. The Court FURTHER ORDERS that the Clerk of the Court shall pay a total of $2,124,980 to the claimants identified in Exhibits B, C and E to the Receiver's Motion from the principal portion of the funds held in the registry of this Court under this case name and number. The Court

Case 1:01-cv-00645-JLK

Document 178

Filed 07/31/2007

Page 2 of 3

FURTHER ORDERS that within five (5) business days after the date of this order, the Receiver shall deliver to the Clerk of the Court's Financial Supervisor a Microsoft Excel spreadsheet containing the name, address and amount of allowed claim for each of the claimants identified in Exhibits B, C and E to the Receiver's Motion. The Court FURTHER ORDERS that the Receiver shall have the authority to withhold delivery to the Clerk of the Court's Financial Supervisor of the name and other data needed to prepare and issue checks payable to any claimants identified with an asterisk (*) in Exhibits B, C and E and described in Paragraph 32 of the Receiver's Motion until the Receiver has received from the claimant the requisite Consent to Consolidation Form(s). The Court FURTHER ORDERS that the payment of any claim pursuant to this order remains subject to the Receiver's continuing review for duplicate claims and the Receiver shall have the authority to withhold delivery of any check issued pursuant to this order if it subsequently discovers any duplicate claim contained in Exhibits B, C and E. The Court FURTHER ORDERS that the Receiver shall have the absolute discretion to determine the date after which no new or supplemental claim will be considered by the Receiver. The Court FURTHER ORDERS that the Receiver may supplement this motion at any time prior to the hearing date set forth below in order to seek the Court's order to direct payment of any claim considered or reconsidered by the Receiver after the date of the Receiver's Motion. The Court FURTHER ORDERS that a hearing shall be held on October 15, 2007 at 2:00 p.m. in Courtroom A802, Alfred A. Arraj U.S. Courthouse, 901 19th Street, for the Court to hear and consider evidence on any Motion For Review By Court then pending and to consider any other matter related to this receivership estate that the Court may want to consider at that time. The Court

Case 1:01-cv-00645-JLK

Document 178

Filed 07/31/2007

Page 3 of 3

FURTHER ORDERS the Receiver to provide written notice of the hearing to any claimant who filed a Motion For Review By Court, if that Motion For Review By Court is not resolved by August 20, 2007. The Receiver is directed to file a certificate of service of the notice of hearing on or before August 30, 2007. DATED this 31st day of July, 2007. BY THE COURT:

S/John L. Kane JOHN L. KANE, SENIOR JUDGE UNITED STATES DISTRICT COURT

-3-