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

Case 1:01-cv-00645-JLK

Document 121-2

Filed 03/24/2006

Page 1 of 3

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 OBLIGATIONS OF DISTRIBUTION FUND

The Court having reviewed the Securities and Exchange Commission's ex parte motion to disburse funds to pay tax obligations of distribution 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 issue a check on 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-0645JLK, for the amount of $7,200 payable to "Damasco & Associates, Trust Account," for the payment of tax obligations 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, et al., case no. 01-CV-0645-JLK."

Case 1:01-cv-00645-JLK

Document 121-2

Filed 03/24/2006

Page 2 of 3

2. The Clerk shall send the check by overnight mail to: Damasco & Associates LLP 505 Sansome Street Suite 1701 San Francisco, CA 94111 Phone: 415-217-4900 The Commission's counsel shall provide the Court Registry with the necessary overnight shipping information and the SEC's billing number to pay for the overnight mailing. DATED: ____________________, 2006 BY THE COURT:

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

Case 1:01-cv-00645-JLK

Document 121-2

Filed 03/24/2006

Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify that on March 24, 2006, a true and correct copy of the foregoing EX PARTE MOTION TO DISBURSE FUNDS TO PAY TAX OBLIGATIONS OF DISTRIBUTION FUND and PROPOSED ORDER was mailed postage pre-paid, to the following addresses: Kenneth Weare 84168-198 FCI Terminal Island Federal Correctional Institution 1299 Seaside Avenue Terminal Island, CA 90731 (Individually and as agent for J&K Global Marketing and AAA-Auction.com) John Paul Anderson Patton MacPhee & Associates, Inc. 1775 Sherman Street, Suite 2900 Denver, CO 80203 (Receiver)

s/Leslie J. Hughes Leslie J. Hughes Counsel for Plaintiff Securities and Exchange Commission 1801 California Street, Suite 1500 Denver, CO 80202 (303) 844-1000 Switchboard (303) 844-1068 Facsimile Email: [email protected]