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

Case 1:01-cv-00645-JLK

Document 171

Filed 07/25/2007

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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 $44,738.67 for the Receiver's professional fees and out-of-pocket expenses during the three-month period from April 1, 2007 through June 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 Seventh Application for Fees and Expenses (including

exhibits and attachments), attached hereto, the Receiver's employees expended a total of 309.8 hours during the calendar quarter covered by this fee application, for which the Receiver seeks payment in the amount of $35,550.00. In addition, the Receiver incurred out-of-pocket expenses in the amount of $9,188.67 during the period of time covered by its fee application.

Case 1:01-cv-00645-JLK

Document 171

Filed 07/25/2007

Page 2 of 3

2.

The Receiver's fees and 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. Pursuant to D.C.COLO.LCivR 7.1.A, the undersigned has conferred with counsel for

the SEC regarding the matters set forth in this motion and the attached fee application, and the SEC has expressed no objection to the request for fees and expenses set forth in this motion. 4. 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 $44,738.67 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. DATED this 25th 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 171

Filed 07/25/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on July 25, 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]

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