Free Motion for Extension of Time - District Court of Colorado - Colorado

Case 1:01-cv-00645-JLK

Document 197

Filed 11/30/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 01-CV-645-JLK SECURITIES AND EXCHANGE COMMISSION Plaintiff vs. KENNETH ROY WEARE aka ROY WEAVER, J&K GLOBAL MARKETING CORPORATION, and AAA-AUCTION.COM, INC. Defendants

RECEIVER'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO SUBMIT RECEIVER'S FINAL REPORT AND REQUEST FOR PAYMENT OF FEES AND EXPENSES

COMES NOW, the Receiver, Patten, MacPhee & Associates, Inc., by and through its undersigned counsel, Christine J. Jobin, Esq., and respectfully moves the Court for an extension of time in which to submit the Receiver's final report and request for payment of fees and expenses in this matter. In support of this request, the Receiver states as follows: 1. On October 15, 2007, the Court conducted a hearing on the Receiver's remaining

objections to claims that had not been resolved as of that date. At the conclusion of the hearing, the Receiver advised the Court that it would be in a position to submit its final report and final request for payment of fees and expenses in this matter on or before December 1, 2007. Accordingly, the Court ordered the Receiver to submit its final report and request for payment of fees and expenses on or before that date.

Case 1:01-cv-00645-JLK

Document 197

Filed 11/30/2007

Page 2 of 3

2.

Because December 1, 2007 falls on a Saturday, the Receiver's final report and

request for payment of fees and expenses is due on Monday, December 3, 2007. The Receiver requests a ten-day extension until December 13, 2007, to file these submissions. 3. The Receiver makes this request because Michael D. Burns, the person primarily

responsible for preparation and submission of the final report and request for payment of fees and expenses, recently traveled out of Colorado due to a death in his immediate family. As a result, Mr. Burns has not been able to complete the work necessary to finalize and file the final report and request for payment of fees and expenses. Mr. Burns believes that a ten-day extension, until December 13, 2007, will be sufficient to complete the submissions and file them for the Court's review and consideration. 4. The Receiver does not believe the requested extension will unduly delay

administration of this matter. CERTIFICATE OF COMPLIANCE 5. The Receiver has conferred with Leslie Hughes, counsel for the Securities and

Exchange Commission, and undersigned counsel is authorized to represent that Ms. Hughes does not oppose the Receiver's request for a ten-day extension until December 13, 2007, to file the final report and request for payment of fees and expenses. WHEREFORE, the Receiver respectfully requests the Court to order that the Receiver has up to and including December 13, 2007, to file the final report and request for payment of fees and expenses, and for such other and further relief as the Court deems just and proper.

2

Case 1:01-cv-00645-JLK

Document 197

Filed 11/30/2007

Page 3 of 3

DATED this 30th day of November, 2007.

s/Christine J. Jobin Christine J. Jobin, Esq. #12335 The Jobin Law Firm, P.C. 1900 Grant Street Suite 815 Denver, Colorado 80203 Telephone: (303) 839-1390 FAX: (303) 839-1113 E-mail: [email protected] Attorney for the Receiver CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on this 30th day of November, 2007, I electronically filed the foregoing RECEIVER'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO SUBMIT RECEIVER'S FINAL REPORT AND REQUEST FOR PAYMENT OF 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: [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] /s/ Christine J. Jobin Christine J. Jobin, Esq. #12335 Attorney for the Receiver The Jobin Law Firm, P.C. 1900 Grant Street Suite 815 Denver, Colorado 80203 Telephone: (303) 839-1390 FAX: (303) 839-1113 E-mail: [email protected]

3