4/10/01 1 COMPLAINT (Summons(es) issued) (kph) [Entry date 04/11/01]
4/10/01
2 Ex
Parte MOTION by plaintiff
for temporary restraining order, for preliminary
injunction (kph)
[Entry date 04/11/01]
4/10/01
3 BRIEF
by plaintiff in support of motion for temporary restraining order [2-1],
motion for preliminary injunction
[2-2] (kph) [Entry date 04/11/01]
4/11/01
4 COURTROOM
MINUTES by Judge John L. Kane granting plaintiff's
motion
for ex parte temporary restraining order [2-1] Ms Hughs shall
contact
chambers
to obtain date for hearing
on mtn for preliminary injunction; entry date
: 4/12/01 Court Reporter:
Paul Zuckerman (kph) [Entry date 04/12/01]
4/11/01
5
TEMPORARY RESTRAINING ORDER, asset freeze and otherequitable relief,
and
order setting preliminary injunction by Judge John L. Kane.
Ordered
service of order, summons and cmp
may be made as set forth. Futher ordered
defendants
appear before this court at 2:00 on 4/18/01 to
show cause why this court should not enter
preliminay injunction (cc: all counsel) (kph)
[Entry date 04/12/01]
4/17/01
6
MOTION by plaintiff for leave to modify temporary restraining order
(pap)
[Entry date 04/20/01]
4/17/01
7
MINUTE ORDER : by Judge John L. Kane regarding [5-1] temporary
restraining
order is extended until 5/14/01 ; order to
show cause ddl reset for 1:30 5/14/01 (cc: all
counsel) ; entry date : 4/20/01 (pap)
[Entry date 04/20/01]
4/18/01
8
Modified TEMPORARY RESTRAINING ORDER by Judge John L.
Kane Pending determination of Commission's
motion for preliminary injunction or hearing on the merits,
dfts Weare & J&K Global, officers,
directors, etc are enjoined & restrained from
using means, instruments, etc. to offer
& sell securities through use of prospectus or otherwise when no
registration stmt ha been filed or is in effect
as to such securities & when no exemption
from registration is available. Assets
are dfts are frozen, banks, etc holding any funds, etc in
the name of the dfts to hold & retain
control, prohibit withdrawal, etc. & dfts are prohibited
from accepting funds from members of
J&K Global Marketing Corp. (see order for
further
detail)
Hearing on preliminary injuction set for
5/14/01 at 1:30 : (cc: all counsel) (gc)
[Entry date 04/23/01]
4/26/01
9
CERTIFICATE by plaintiff of service of Instructions re
Notice of Availability of US Mag Judge (kph)
[Entry date 04/27/01]
4/27/01
10
MINUTE ORDER : by Judge John L. Kane regarding [9-1] certificate
- Judge
Kane does not refer cases to the magistrate
judges under D.C.COLO.LR 72.6. Orders of
reference for stlmnt or pretrial proceedings
are considered on a case-by-case basis.
(cc: all counsel) ; entry date : 4/30/01 (lg)
[Entry date 04/30/01]
5/3/01
11
PROOF OF SERVICE by plaintiff of Summons, Complaint & TRO
dated 4/12/01 and other pleadings. (lg)
[Entry date 05/04/01]
5/8/01
12
RETURN OF SERVICE of Summons and Complaint upon defendant
J&K Global Mktg Corp on 4/23/01
(lg)
[Entry date 05/09/01]
5/8/01
13
MOTION by plaintiff for entry of default against AAA-Auction.com Inc
(lg)
[Entry date 05/09/01]
5/9/01
14
Notice of DEFAULT ENTERED re: motion for entry of default against
AAA-Auction.com Inc [13-1] as to defendant
AAA-Auction.com Inc (cc: all counsel) (lg)
5/11/01
15
MINUTE ORDER : by Judge John L. Kane regarding [2-2] motion for
preliminary injunction the hearing set for
5/14/01 at 1:30 p.m. is VACATED
and reset for 1:30 p.m. on 5/17/01 (cc:
all counsel) ; entry date : 5/14/01 (lg)
[Entry date 05/14/01]
5/11/01
16 AFFIDAVIT
of Laura Whalen of Service on Weare (lg)
[Entry date 05/14/01]
5/16/01
17
BRIEF by plaintiff in support of motion for preliminary
injunction [2-2] (Large Document Placed on
Exhibit Room Shelf) (lg)
[Entry date 05/17/01]
5/17/01
18
PRELIMINARY INJUNCTION AND ASSET FREEZE
AGAINST
WEARE,
J&K GLOBAL MARKETING CORP., AND AAA-AUCTION.COM,
INC. by
Judge John L. Kane (cc: all counsel) ; entry
date : 5/18/01 (lg)
[Entry date 05/18/01]
5/17/01
19
COURTROOM MINUTES by Judge John L. Kane regarding
[18-1] preliminary injunction granting
motion for preliminary injunction [2-2] ;
(with Exhibits attached) entry date :
5/18/01 Court Reporter: Kara Spitler (lg)
[Entry date 05/18/01]
5/21/01
20
EX PARTE MOTION by plaintiff Requesting the Clerk Mail
Pleadings for Service by Publication
on Weare and J&K
Global Marketing Corporation (lg)
[Entry date 05/22/01]
5/22/01
21
ORDER by Judge John L. Kane granting motion Requesting
the Clerk Mail Pleadings for Service by Publication
on
Weare and J&K Global Marketing Corporation
[20-1] (cc: all
counsel) ; entry date : 5/23/01 (lg)
[Entry date 05/23/01]
5/23/01
22
CERTIFICATE OF MAILING BY CLERK OF COURT of Summons and
Complaint in accordance with the 5/22/01
Order [21-1] (lg)
5/29/01
--
MAIL Returned mailing by Clerk certificate [22-1]
addressed to defendant Kenneth Roy Weare
(lg)
5/30/01
--
MAIL Returned mailing by Clerk certificate [22-1]
addressed to defendant Kenneth Roy Weare
(lg)
5/30/01
--
MAIL Returned mailing by Clerk certificate [22-1]
addressed to defendant J&K Global
Mktg Corp (lg)
5/31/01
--
MAIL Returned mailing by Clerk certificate [22-1], order
[21-1] addressed to defendant J&K
Global Mktg Corp (lg)
6/19/01
23
SERVICE by publication of notice in Denver Business
Journal from 5/11/01 to 6/1/01 (lg)
6/29/01
24
MOTION by plaintiff for entry of default against Kenneth
Roy Weare (lg)
7/3/01
25
Notice of DEFAULT ENTERED re: motion for entry of default
against Kenneth Roy Weare [24-1] as
to defendant Kenneth
Roy Weare (cc: all counsel)
(lg)
7/16/01
--
MAIL Returned order default [25-1] addressed to
defendant stating No Forward Order On
File (lg) [Entry date 07/17/01]
7/24/01
26
MOTION by plaintiff for entry of default against J&K
Global Mktg Corp (lg) [Entry date 07/25/01]
7/25/01
27
Notice of DEFAULT ENTERED re: motion for entry of default
against J&K Global Mktg Corp [26-1]
as to defendant J&K
Global Mktg Corp (cc: all counsel)
(lg)
8/6/01
--
MAIL Returned order default [27-1] addressed to defendant
Kenneth Roy Weare (lg)
11/28/01
28 MINUTE
ORDER : by Judge John L. Kane status report ddl
set for 12/14/01 for Pltf (cc: all counsel) ; entry date
: 11/29/01 (lg) [Entry date 11/29/01]
12/10/01
-- MAIL
Returned minute order [28-2] addressed to defendant
Kenneth Roy Weare (lg) [Entry date 12/11/01]
12/14/01 29 STATUS REPORT by plaintiff (lg) [Entry date 12/17/01]
12/21/01
30 MOTION
by plaintiff SEC for Entry of Permanent Injunction
by Default Against Kenneth Roy Weare, a/k/a Roy Weaver, J&K
Global Marketing Corp., and AAA-Auction.com, Inc. (lg)
1/8/02 31
ORDER of
PERMENANT INJUNCTION BY DEFAULT and CONTINUED ASSET FREEZE AGAINST
WEARE,
J&K GLOBAL MKTNG CORP AND AAA-AUCTION.COM, INC. by Judge John L.
Kane
granting motion for Entry of Permanent Injunction by Default Against
Kenneth
Roy Weare, a/k/a Roy Weaver, J&K Global Marketing Corp., and
AAA-Auction.com,
Inc. [30-1]; the assets of the Dfts shall remain frozen until the jgm
is
satisfied; Dfts, each of them, w/in 14 days of the entry of this Order
take such steps as are necessary to repatriate to an
interest-bearing
acct of the registry of this Court, funds sufficient to satisfy this
jgm;
post-jgm interest shall accrue at the rate set by 28 USC Sect.
1961
from the date of the entry of this Perm Inj and con't until all
disgorgement,
pre-jgm interest and civil penalties have been paid; jgm shall enter
w/o
further notice (cc: all
counsel) ; entry date : 1/9/02 (lg) [Entry
date 01/09/02]
1/14/02
--
MAIL Returned order [31-1] addressed to defendant Kenneth
Roy Weare envelope states Attempted Not Known (lg)
1/15/02
32
JUDGMENT: by Clerk James R. Manspeaker approved by Judge
Kane in accordance with the 1/8/02 order [31-1] (cc: all
counsel) ; entry date : 1/15/02 (lg)
1/18/02
--
MAIL Returned order [31-1] addressed to defendant (lg)
1/22/02
--
MAIL Returned judgment [32-1] addressed to defendant J&K
Global Mktg Corp envelope states Attempted-Not Known (lg)
[Entry date 01/23/02]
1/28/02
--
MAIL Returned judgment [32-1] addressed to defendant
Kenneth Roy Weare (lg)
6/3/02
33
NOTICE of Change of Address of and by plaintiff (lg)
[Entry date 06/04/02]
10/21/02
34 MOTION
by plaintiff SEC for order to show cause why dfts
should not be held in civil contempt (db)
10/21/02
35 ORDER
TO SHOW CAUSE: by Judge John L. Kane returnable 8:45
10/29/02 by Defendants, Weare and J&K Global Marketing
Corporation why an order holding them in civil contempt for
violations of this Court's order should not enter (cc: all
counsel) (db) [Entry date 10/22/02]
10/22/02
36 CERTIFICATE
of service by plaintiff SEC of OSC (db)
[Entry date 10/23/02]
10/28/02
-- MAIL
Returned Scheduling order ; order to show cause ddl
satisfied 5/14/01 ; in court hrg held 5/17/01 [0-0]
addressed to defendant Kenneth Roy Weare, defendant J&K
Global Mktg Corp (db) [Entry date 10/31/02]
10/29/02
37 ORDER
by Judge John L. Kane granting motion for order to
show cause why dfts should not be held in civil contempt
[34-1]; ORDERED: that dft's Weare and J&K Global Marketing
corp are found in civil contempt; dfts shall forthwith
remit on or before 11/1/02 to the registry fo this Court
disgorgement in the amount of $6,278,334.91 plus
$486,848.02 in prejudgment interest and post jgm interest
from 1/8/02 until the date of full payment at the rate of
2.03% or $376.00 per day; dfts shall dismiss the claim made
by J&K Global Marketing Limited against Allied General Bank
Ltd which is pending before the High Court of Justice in
Grenada by 11/1/02; if each of the requirements of this
order are not complied with by the time set forth therein,
a warrant be issued for the arrest of Dft, Kenneth Roy
Weare aka Roy Weaver by reason of his contempt and shall
remain confined until such time as this court determines
that he has complied; further if not complied with by the
time set forth, a fine of $500 per day shall be assessed
against J&K by reason of its contempt and the daily fine
w/cont to accrue until such time as this court determines
that J&K has complied (cc: all counsel) ; entry date :
10/29/02 (db)
10/29/02
38 NOTICE
of Service of Contempt Order by plaintiff SEC re:
order [37-1], re: motion for order to show cause why dfts
should not be held in civil contempt [34-1] (db)
[Entry date 10/30/02]
10/31/02
39 COURTROOM
MINUTES dated 10/29/02 by Judge John L. Kane
regarding [37-1] order ; entry date : 10/31/02 Court
Reporter: Therese Lindblom (db)
11/1/02
--
MAIL Returned order to show cause order [35-1] addressed
to defendant Kenneth Roy Weare (db)
11/5/02
40
WARRANT for Arrest as to Kenneth Roy Weare, a/k/a Roy
Weaver (db)
11/5/02
--
MAIL Returned order [37-1] addressed to defendant Kenneth
Roy Weare, defendant J&K Global Mktg Corp (db)
[Entry date 11/06/02]
11/7/02
--
MAIL Returned order [37-1] addressed to defendant Kenneth
Roy Weare (pap) [Entry date 11/13/02]
11/7/02
--
MAIL Returned order [37-1] addressed to defendant Kenneth
Roy Weare (pap) [Entry date 11/13/02]
11/26/02
41 TRANSCRIPT
of Testimony of Kramer and Peyton on May 17,
2001 before John L. Kane, Jr. ( pages: 1 - 18) Prepared
By: Kara Spitler, RMR, CRR (certified copy) (db)
11/29/02
42 RETURN
OF SERVICE of warrant [40-1]; Removal documents
from US District Court, Souther District of California;
complaint, minute order appointing counsel, warrant of
removal, order of removal, detention order, sealed document
#4 (financial affidavit) placed in sealed area (db)
[Entry date 12/02/02]
12/18/02
43 COURTROOM
MINUTES by Judge John L. Kane ; entry date :
12/23/02; ORDERED: dft Kenneth Weare is in contempt of
court and w/remain in custody until his compliance to the
court's order, dft remanded to USM Court Reporter: Janet
Morrissey (db) [Entry date 12/23/02]
1/16/03
44
CERTIFICATION OF JUDGMENT FOR REGISTRATION IN ANOTHER
DISTRICT ISSUED (db) [Entry date 01/17/03]
6/11/03
45
MOTION by defendant Kenneth Roy Weare for appointment of
counsel for defendant Kenneth Roy Weare and to challenge
civil contempt order and request for hrg (db)
[Entry date 06/12/03]
6/17/03
46
MINUTE ORDER : by Judge John L. Kane regarding [45-1]
dft's motion for appointment of counsel for defendant
Kenneth Roy Weare and to challenge civil contempt order and
request for hrg, pla shall respond by 6/26/03; (cc: all
counsel) ; entry date : 6/18/03 (db) [Entry date 06/18/03]
6/24/03
47
RESPONSE by plaintiff SEC to motion for appointment of
counsel for defendant Kenneth Roy Weare and to challenge
civil contempt order and request for hrg [45-1] (db)
[Entry date 06/25/03]
6/26/03
48
MINUTE ORDER : by Judge John L. Kane regarding [45-1]
dft's motion for appointment of counsel for defendant
Kenneth Roy Weare and to challenge civil contempt order and
request for hrg, dft advised to submit affid of financial
cond to extablish indigency for examination (cc: all
counsel) ; entry date : 6/27/03 (db) [Entry date 06/27/03]
8/19/03
49
Response (REPLY) by defendant Kenneth Roy Weare to pla's
response to dft's motion for appointment of counsel for
defendant Kenneth Roy Weare and to challenge civil contempt
order and request for hrg [45-1] (db) [Entry date 08/20/03]
8/21/03
50
ORDER by Judge John L. Kane regarding [45-1] motion for
appointment of counsel for defendant Kenneth Roy Weare and
to challenge civil contempt order and request for hrg
appointment of counsel for defendant Kenneth Roy Weare
Edward A. Pluss (cc: all counsel) ; entry date : 9/4/03
(db)
[Entry date 09/04/03]
10/3/03
51
MOTION by counsel for defendant Kenneth Weare to withdraw
attorney (db) [Entry date 10/06/03]
10/8/03
52
ORDER by Judge John L. Kane granting motion to
withdraw
attorney [51-1] attorney Edward A. Pluss for Kenneth Roy
Weare; new counsel shall be appointed for dft (cc: all
counsel) ; entry date : 10/9/03 (db) [Entry date 10/09/03]
10/10/03
53 ORDER
by Judge John L. Kane defendant Kenneth Roy Weare
Marc Milavitz (cc: all counsel) ; entry date : 10/20/03
(db)
[Entry date 10/20/03]
11/24/03
54 MOTION
by defendant Kenneth Roy Weare for order to pay
fees in excess of the maximum (db) [Entry date 11/25/03]
12/12/03
55 ORDER
by Judge John L. Kane granting motion for order to
pay fees in excess of the maximum in the sum of $1,431.98
[54-1] (cc: all counsel) ; entry date : 12/22/03 (db)
[Entry date 12/22/03]
2/23/04 56 STATUS REPORT by plaintiff SEC (db) [Entry date 02/24/04]
2/23/04
57
ATTORNEY APPEARANCE for plaintiff SEC by Robert M. Fusfeld
(db) [Entry date 02/24/04]
4/9/04
58
MOTION by defendant Kenneth Roy Weare for appointment of
new counsel for defendant Kenneth Roy Weare (db)
[Entry date 04/12/04]
4/13/04
59
LETTER to dft from court re: motion for appointment of new
counsel for defendant Kenneth Roy Weare [58-1] advising
that Mr. Malavitz, Esq. is his legal representation until
such time as he is relieved of responsibility by the court;
(db) [Entry date 04/14/04]
6/21/04
60
MOTION by defendant Kenneth Roy Weare for order of release
from custody and request for forthwith hrg (db)
[Entry date 06/22/04]
6/22/04
61
Opposition (RESPONSE) by plaintiff SEC to motion for order
of release from custody and request for forthwith hrg
[60-1] (db)
6/24/04
62 MINUTE ORDER : by Judge John L.
Kane denying motion for
order of release from custody and request for forthwith hrg
[60-1] (cc: all counsel) ; entry date : 6/25/04 (db) [Entry date
06/25/04]
7/28/04
63 MOTION by defendant Kenneth Roy
Weare for reconsideration
minute order denying his previous mtn for release from
custody and request for forthwith hearing [62-1] (db)
[Entry date 07/29/04]
8/2/04
64 MINUTE ORDER : by Judge John L.
Kane setting hearing on
Dft Weare's motion for reconsideration minute order
denying his previous mtn for release from custody and
request for forthwith hearing [62-1] [63-1] 3:00 8/3/04
(cc: all counsel) ; entry date : 8/3/04 (gs) [Entry date 08/03/04]
8/3/04
65 COURTROOM MINUTES by Judge John
L. Kane denying motion
for reconsideration minute order denying his previous mtn
for release from custody and request for forthwith hearing
[62-1] [63-1] ; entry date : 8/5/04 Court Reporter: FTR
(db)
[Entry date 08/05/04]
8/24/04
66 MOTION by defendant Kenneth Roy Weare
to withdraw attorney
Marc Milavitz and for appointment of new counsel for
defendant Kenneth Roy Weare (db)
8/25/04
67 ORDER by Judge John L.
Kane granting motion to withdraw
attorney Marc Milavitz [66-1] attorney Marc Milavitz for
Kenneth Roy Weare, granting motion for appointment of new
counsel for defendant Kenneth Roy Weare, Virginia Grady
[66-2] (cc: all counsel) ; entry date : 8/26/04 (db) [Entry date
08/26/04]
8/27/04
68 ATTORNEY APPEARANCE for defendant
Kenneth Roy Weare by
Virginia L. Grady (db) [Entry date 08/30/04]
| 10/27/2004 | 79 | AMENDED MOTION by plaintiff SEC for order to withhold 33 money orders from deposit of Grenada checks regarding motion [79-1] (facsimile) (dlb) (Entered: 10/28/2004) |
| 11/01/2004 | 81 | Ex parte MOTION for Order authorizing payment of excess attorney fees by Defendant Kenneth Roy Weare. Responses due by 11/15/2004 (dlb, ) (Entered: 11/02/2004) |
| 11/01/2004 | 82 | ORDER granting [78] Motion for Order to withhold 33 money orders from deposit of Grenada Checks by Judge John L. Kane on 11/1/04. (dlb, ) (Entered: 11/02/2004) |
| 11/08/2004 | 83 | MEMORANDUM (ORDER) re [80] Grenada money orders; 948 money orders returned for a total of $311,507.00 deposited into the registry of the court(dlb, ) (Entered: 11/09/2004) |
| 11/09/2004 | 84 | Minute Entry for proceedings held before Judge John L. Kane : Motion Hearing held on 11/9/2004 re [69] Motion to Vacate contempt and committment order filed 9/13/04; the order is modified as specified on the record filed by Kenneth Roy Weare. (Court Reporter Therese Lindblom.) (dlb, ) (Entered: 11/10/2004) |
| 11/09/2004 | 85 | MOTION for Order permitting release of grand jury documents by SEC by Defendant Kenneth Roy Weare. (dlb, ) (Entered: 11/10/2004) |
| 11/09/2004 | ORDER granting as specified during hearing [69] Motion to Vacate contempt and commitment order by Judge John L. Kane on 11/9/04. (dlb, ) (Entered: 11/10/2004) | |
| 11/12/2004 | 86 | ORDER granting [85] Motion for Order permitting disclosure of grand jury materials to SEC by Judge John L. Kane on 11/12/04. (dlb, ) (Entered: 11/16/2004) |
| 11/18/2004 | 87 | Certificate of Compliance with modified order of production and RENEWED MOTION to Vacate Order of Commitment by Defendant Kenneth Roy Weare. (dlb, ) (Entered: 11/22/2004) |
| 11/22/2004 | 88 | ORDER granting [87] Certificate of Compliance with modified order of production and RENEWED MOTION to Vacate Order of Commitment by Defendant Kenneth Roy Weare; ORDERED that the adjudication of contempt is reiterated. The order of commitment is VACATED as of 11/12/04; Signed by Judge John L. Kane on 11/22/04. (dlb, ) (Entered: 11/23/2004) |
| 12/22/2004 | 90 | TRANSCRIPT of Motion Hearing held on November 9, 2004 before Judge John L. Kane, Jr.. Prepared by: Therese Lindblom. Pages: 1 - 16. (certified copy) (dlb, ) (Entered: 12/28/2004) |
| 01/21/2005 | 91 | Letter from FINANCIAL to File (dlb, ) (Entered: 01/26/2005) |
| 01/21/2005 | 92 | RECEIPT for 247 money orders in the amount of $82,430.00 by Plaintiff Securities and Exchange Commission (dlb, ) (Entered: 01/26/2005) |
| 04/11/2005 | 93 | Memorandum (STATEMENT) to file re [92] RECEIPT for 247 money orders in the amount of $82,430.00 by Plaintiff Securities and Exchange Commission(dlb, ) (Entered: 04/11/2005) |
| 04/13/2005 | 94 | MINUTE ORDER : Parties Status Report due by 4/29/2005 by Judge John L. Kane on 4/13/05. (dlb, ) (Entered: 04/13/2005) |
| 04/26/2005 | 95 | Joint STATUS REPORT by Securities and Exchange Commission, Kenneth Roy Weare. (dlb, ) (Entered: 04/27/2005) |
| 05/02/2005 | 96 | MINUTE ORDER re: [95] Joint STATUS REPORT by Securities and Exchange Commission, Kenneth Roy Weare. "...acting as receiver or special master, whose names can be submitted to the court on 7/29/05." by Judge John L. Kane on 5/2/05. (dlb, ) (Entered: 05/03/2005) |
| 07/25/2005 | 97 | MOTION to Appoint Receiver by Plaintiff Securities and Exchange Commission. (Attachments: # 1 Exhibit # 2 Proposed Order (PDF Only))(Hughes, Leslie) (Entered: 07/25/2005) |
| 07/25/2005 | 98 | NOTICE of Entry of Appearance by Thomas J. Krysa on behalf of Securities and Exchange Commission (Krysa, Thomas) (Entered: 07/25/2005) |
| 07/26/2005 | 99 | ORDER granting 97 MOTION to Appoint Receiver by Plaintiff Securities and Exchange Commission. Applicants shall have 45 days from the date of the last publication of the advertisement to submit proposals to the SEC. The SEC will then transmit all proposals to the Court within 15 business days after the closing date for applicat ions along with any objections or recommendations. Defendants shall have 15 days from service of the proposals to submit any objections or recommendat ions on the applicants' proposals after which time the Court will make the appointment. Signed by Judge John L. Kane on 7/26/05. (dlb, ) (Entered: 07/26/2005) |