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

Case 1:01-cv-00645-JLK

Document 159-3

Filed 05/25/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 01-CV-0645-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 TO DISBURSE FUNDS TO PAY TAX ADMINISTRATOR'S FEES

The Court having reviewed the Securities and Exchange Commission's uncontested motion to disburse funds to pay the Tax Administrator's fee for preparing the Form 1139, loss carryback claim for 2006 tax year for the qualified settlement fund, and the supporting Declaration of the Tax Administrator, and for good cause shown, IT IS HEREBY ORDERED: 1. The Clerk of the Court shall either issue a check or wire transfer drawn on either account number 1:01-CV-000645 or 1:01-CV-000645-1, under case name SEC v. Kenneth Roy Weare, et al., case no. 01-CV-0645-JLK, for the amount of $550 payable to "Damasco & Associates" for the payment of the fees of the Tax Administrator as provided in the Declaration. The check shall contain the notation "EIN 20-4131645" for the tax identification number of the Distribution Fund and the notation for the case name and number, "SEC v. Kenneth Roy Weare,

Case 1:01-cv-00645-JLK

Document 159-3

Filed 05/25/2007

Page 2 of 2

et al., case no. 01-CV-0645-JLK." The Clerk is directed to pay these funds first from interest earned by the account and then if necessary from principal. 2. The Clerk shall send the check by overnight mail to: Damasco & Associates LLP 244 Jackson Street, Fourth Floor San Francisco, CA 94111 Phone: 415-217-4900 The Commission's counsel shall provide the Clerk of the Court with the necessary overnight shipping information and the SEC's billing number to pay for the overnight mailing. DATED: ____________________, 2007 BY THE COURT:

___________________________________ John L. Kane Senior Judge, U.S. District Court