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

Case 1:02-cv-02232-PSF-PAC

Document 447-5

Filed 12/28/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 02-cv-2232 ­ PSF - PAC ROBERT STUDER, derivatively on behalf of eVISION INTERNATIONAL, INC., et al., Plaintiffs, v. HENG FUNG HOLDINGS LIMITED, a public company in Hong Kong, et al., Defendants, and EVISION INTERNATIONAL, INC., a Colorado corporation, Nominal Defendant. [PROPOSED] ORDER GRANTING APPROVAL OF FINAL ADMINISTRATIVE EXPENSES, AND FINAL REPORT ON DISBURSEMENTS, AND FOR FINAL DISBURSEMENT OF SETTLEMENT FUND BALANCE TO EVISION

The Court, having reviewed the Unopposed Motion in this case, and having fully considered the request in view of the Settlement Agreement and prior Court orders, hereby ORDERS as follows: 1. a. The Escrow Agent shall be directed to pay additional administrative expenses including filing all applicable 2005 tax returns of $2,996.25 directly to the Administrator, Strategic Claims, and $175 to itself for tax forms no later than December 30, 2005. b. Any further expenses incurred up to $2,500, that are necessary to the disbursement and/or administration of the Settlement Fund, including tax preparation and payments and escrow fees, are authorized without

Case 1:02-cv-02232-PSF-PAC

Document 447-5

Filed 12/28/2005

Page 2 of 2

further order from this Court, provided that Plaintiffs' counsel accounts for such disbursements in sufficient detail to all other parties in writing no later than five (5) business days after incurring any such expense. 2. The Court grants final approval for the Net Settlement Fund balance to be disbursed by the Escrow Agent to eVision International, Inc. no later than December 30, 2005. 3. And this Court hereby orders the Escrow Agent to close the Fund no later than December 31, 2005 absent exigent circumstances.

Dated: December _____, 2005

___________________________________ United State District Judge