Case 1:01-cv-00645-JLK
Document 130
Filed 07/27/2006
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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.
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 $59,804.85 for the Receiver's fees and expenses during the period May 1, 2006 through June 30, 2006, 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 Third Application for Fees and Expenses (including
exhibits and attachments), attached hereto, the Receiver expended a total of 213.95 hours for fees in the amount of $35,582.50 and incurred out-of-pocket expenses in the amount of $24,222.35 during the period of time covered by its fee application.
Case 1:01-cv-00645-JLK
Document 130
Filed 07/27/2006
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 Receiver has conferred with counsel for
the SEC and the SEC has no objection to the request for fees and expenses set forth in this motion. 4. Counsel for the SEC has also 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 $59,804.85 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 27th day of July, 2006. 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 130
Filed 07/27/2006
Page 3 of 3
CERTIFICATE OF SERVICE I hereby certify that on July 27, 2006, I electronically filed the foregoing 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: Virginia L. Grady [email protected] [email protected] Leslie J. Hughes [email protected] Thomas J. Krysa [email protected] [email protected];[email protected] Marc Milavitz [email protected] Edward A. Pluss [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 (individually and as agent for J&K Global Marketing Corporation and AAAAuction.com, Inc.) via U.S. mail, postage prepaid: Kenneth Weare 84168-198 FCI Terminal Island Federal Correctional Institution 1299 Seaside Avenue Terminal Island, CA 90731
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]