Free Response to Motion - District Court of Colorado - Colorado

Case 1:01-cv-00645-JLK

Document 173

Filed 07/26/2007

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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.

RESPONSE TO MOTION FOR REVIEW BY COURT FILED BY CLAIMANT GARY PEDLER

Patten, MacPhee & Associates, Inc., the Court-appointed Receiver, by and through its attorney, responds to the Motion For Review By Court filed by Claimant Gary Pedler ("Claimant") as follows: 1. On or about January 4, 2007, Claimant submitted to the Receiver Claim Number

4b6ac591-d44c-496f-8364-049244c47548 ("Claim"), claiming a total of $1,000.00. The Claim indicated that Claimant had kept no records of his investment. 2. The transaction database obtained by the SEC during the course of its investigation

indicated that Claimant made two investments of $375.00 each in Defendant J&K Global Marketing Corporation ("J&K Global") in the autumn of 2000. Bank records provided by the SEC provided no additional information.

Case 1:01-cv-00645-JLK

Document 173

Filed 07/26/2007

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3.

Consequently, on May 11, 2007, the Receiver sent a Determination Notice to

Claimant, allowing his Claim in the amount of $750.00. 4. Sometime thereafter, Claimant requested reconsideration of his claim. However,

Claimant provided no additional documents or other information in support of his request for reconsideration. 5. On June 29, 2007, the Receiver sent a Final Determination Notice to Claimant,

denying his request for reconsideration and continuing to allow his Claim in the amount of $750.00 6. 7. On or about July 16, 2007, Claimant filed his Motion For Review By Court. Taking all of the above into consideration, the Receiver has been able to validate only

$750.00 of the amount claimed by Claimant. WHEREFORE, the Receiver respectfully requests that the Court dismiss Claimant's Motion For Review By Court and allow his Claim in the amount of $750.00. DATED this 26th day of July, 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 173

Filed 07/26/2007

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CERTIFICATE OF SERVICE I hereby certify that on July 26, 2007, I electronically filed the foregoing RESPONSE TO MOTION FOR REVIEW BY COURT FILED BY CLAIMANT GARY PEDLER 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] and I certify that I have caused to be mailed a copy of the foregoing to the following non-CM/ECF participant via U.S. mail, postage prepaid: Gary Pedler 9 Griffin Street, Everton Park Brisbane, Qld. 4053 AUSTRALIA

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]

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