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

Case 1:01-cv-00645-JLK

Document 199

Filed 12/07/2007

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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.

UNOPPOSED MOTION FOR PAYMENT OF RECEIVER'S FEES AND EXPENSES

Patten, MacPhee & Associates, Inc., the Court-appointed Receiver, by and through its attorney, hereby moves the Court for an order approving payment in the amount of $31,738.74 for the Receiver's professional fees and out-of-pocket expenses during the two-month period from October 1, 2007 through November 30, 2007, and for its estimated fees and expenses to be incurred after November 30, 2007, from funds held in the registry of the Court under this case name and number. In support thereof, the Receiver states as follows: 1. As set forth in the Receiver's Ninth and Final Application for Fees and Expenses for

the Period from October 1, 2007 through November 30, 2007 and for Estimated Fees and Expenses to be Incurred Thereafter ("Final Fee Application") (including exhibits and attachments), attached thereto, the Receiver's employees expended a total of 89.3 hours during the period covered by the

Case 1:01-cv-00645-JLK

Document 199

Filed 12/07/2007

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Final Fee Application, for which the Receiver seeks payment in the amount of $14,880.00. In addition, the Receiver incurred out-of-pocket expenses in the amount of $10,930.29 during the period of time covered by the Final Fee Application. 2. The Receiver's fees and out-of-pocket expenses were reasonable and necessary to the

performance of its duties set forth in the Court's Order Appointing Receiver dated October 26, 2005. 3. Also included in the Final Fee Application are estimated fees and expenses in the total

amount of $5,928.45 that the Receiver reasonably expects to incur after November 30, 2007, including after it is discharged from further service in this matter. The Receiver's estimated fees and expenses are itemized and discussed in greater detail in the Final Fee Application. 4. Pursuant to D.C.COLO.LCivR 7.1.A, the undersigned e-mailed a draft of the Final

Fee Application, with exhibits and attachments, to counsel for the SEC, Leslie Hughes, on Tuesday, December 4, 2007. Ms. Hughes has indicated that she has no objection to the request for fees and expenses set forth in this motion. 5. Counsel for the SEC previously advised the Receiver that the Court's order approving

payment of the Receiver's fees and expenses should include language stating that such amounts are to be paid first from interest earned, rather than from principal. WHEREFORE, the Receiver respectfully requests that the Court enter an order granting this motion and directing the Clerk of the Court to pay $31,738.74 to the order of Patten, MacPhee & Associates, Inc., drawn first from the interest portion of the funds held in the registry of the Court under this case name and number.

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Case 1:01-cv-00645-JLK

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Filed 12/07/2007

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DATED this 7th day of December, 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 199

Filed 12/07/2007

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CERTIFICATE OF SERVICE I hereby certify that on December 7, 2007, I electronically filed the foregoing UNOPPOSED MOTION FOR PAYMENT OF RECEIVER'S FEES AND EXPENSES 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]

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]