Free Response to Motion - District Court of Colorado - Colorado

Case 1:01-cv-00645-JLK

Document 175

Filed 07/26/2007

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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.

RESPONSE TO MOTION FOR REVIEW BY COURT FILED BY CLAIMANT FRANK L. MILLER

Patten, MacPhee & Associates, Inc., the Court-appointed Receiver, by and through its attorney, responds to the Motion For Review By Court filed by Claimant Frank L. Miller ("Claimant") as follows: 1. On or about March 12, 2007, Claimant submitted to the Receiver Claim Number

9363b6fe-eb83-43c8-dda9f3f75890, 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. 4. On or about July 18, 2007, Claimant filed his Motion For Review By Court. On July 23, 2007, the Receiver contacted Claimant by telephone. As a result of

information provided to the Receiver during that telephone conversation, the Receiver and Claimant agreed that his Claim should be allowed in the amount of $1,125.00.

Case 1:01-cv-00645-JLK

Document 175

Filed 07/26/2007

Page 2 of 3

5.

Claimant has agreed to execute and deliver to the Receiver for filing with the Court

a stipulated dismissal of his Motion For Review By Court, upon its receipt from the Receiver. WHEREFORE, the Receiver respectfully requests that the Court dismiss Claimant's Motion For Review By Court upon receipt of the stipulated dismissal and allow his Claim in the amount of $1,125.00. DATED this 26th day of July, 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 175

Filed 07/26/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on July 26, 2007, I electronically filed the foregoing RESPONSE TO MOTION FOR REVIEW BY COURT FILED BY CLAIMANT FRANK L. MILLER 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]

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