Preview
• CAUSE NO. 348 246055 10
•
MOTIV A ENTERPRISES LLC, dba § IN THE DISTRICT COURT OF
SHELL OIL PRODUCTS US, §
§
Plaintiff, §
§
v. §
§
ENMEX CORPORATION, dba TEU § TARRANTCOUNTY,TEXAS
PRODUCT COMPANY AND §
--\
TRANSENERGY USA; DUKE & §
MORGAN COMMODITY TRADING, § ..
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LLC;TRUCKSTOPS,LLC;CARLA § . ..·-----
BURHANAN; SAM KHACHATRIAN; § '_')'.
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and SHOGIK BLUDYAN, § ~>:::>
§
Defendants, §
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and §
§
PAQUIN ENERGY & FUEL, LLC, dba §
VICTORY BIODIESEL, §
§
Bailee-Defendant. § 348th JUDICIAL DISTRICT
SUPPLEMENT TO PLAINTIFF'S AMENDED PETITION
REGARDING SERVICE ON NONRESIDENT DEFENDANTS
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Motiva Enterprises LLC d/b/a Shell Oil Products US, complaining of
Defendants Enmex Corporation dba TEU Product Company, Transenergy USA ("Enmex"),
Duke & Morgan Commodity Trading LLC ("Duke & Morgan"), Truckstops, LLC
("Truckstops"), Carla Burhanan ("Burhanan"), Sam Khachatrian ("Khachatrian") and Shogik
Bludyan ("Bludyan") (collectively, "Defendants"), and in support of its Amended Petition, file
this Supplement to
•
Plaintiffs Amended Petition Regarding
•
Service on Nonresident Defendants,
and would show unto the Court as follows: 1
1. Upon information and belief, Defendant Duke & Morgan Commodity Trading,
LLC ("Duke & Morgan") is a nonresident of Texas and is a California company with its
principal place of business at 909 N. Sepulda Blvd., Suite 360, El Segundo, California 90245.
Pursuant to Tex. Civ. Prac. & Rem. Code§ 17.044(b), the Secretary of State is the agent for
service on nonresident Duke & Morgan. Duke & Morgan is engaged in business in Texas and/or
committed a tort in whole or in part in Texas. Duke & Morgan does not maintain a regular
business in Texas and does not have a designated agent for service of process. The cause of
action brought in this Court by Plaintiff bearing the above numbered cause and style arises from
Duke & Morgan's business in Texas. Duke & Morgan may be served with process through its
registered agent for service of process, Carla Burhanan, 9595 Willshire Blvd., Ste. 900, Beverly
Hills, California, 90212 or its principal place of business at 909 N. Sepulda Blvd., Suite 360, El
Segundo, California 90245.
2. Upon information and belief, Truckstops is a nonresident of Texas and is a
California corporation that is believed to be affiliated with Duke & Morgan and/or Enmex.
Truckstops holds out that its principal place of business is at 5933 W. Century Blvd., Suite 1100,
Los Angeles, California 90045. Pursuant to Tex. Civ. Prac. & Rem. Code § 17.044(b), the
Secretary of State is the agent for service on nonresident Truckstops. Truckstops is engaged in
business in Texas and/or committed a tort in whole or in part in Texas. Truckstops does not
maintain a regular business in Texas and does not have a designated agent for service of process.
The cause of action brought in this Court by Plaintiff bearing the above numbered cause and
Contemporaneously with the filing of its Amended Petition, Motiva is tiling an Application for Temporary
Restraining Order.
-2-
style arises from Truckstops'
• business in Texas.
•
Truckstops may be served with process through
its registered agent for service of process, Carla Burhanan, 5933 W. Century Blvd., Suite 1100,
Los Angeles, California 90045 or its principal place of business, 5933 W. Century Blvd., Suite
1100, Los Angeles, California 90045.
3. Upon information and belief, Carla Burhanan is a nonresident of Texas and is
acting Chief Financial Officer of Enrnex and Chief Financial Officer of Duke & Morgan.
Pursuant to Tex. Civ. Prac. & Rem. Code § 17.044(b), the Secretary of State is the agent for
service on nonresident Burhanan. Burhanan is engaged in business in Texas and/or committed a
tort in whole or in part in Texas. Burhanan does not reside in Texas, does not maintain a regular
business in Texas and does not have a designated agent for service of process. The cause of
action brought in this Court by Plaintiff bearing the above numbered cause and style arises from
Burhanan's business in Texas. Burhanan may be served with process at her home office, either
at 909 N. Sepulda Blvd., Suite 360, El Segundo, California 90245 or 8726 S. Sepulveda Blvd.,
Suite D-C41, Los Angeles, California 90015, or wherever she may be located.
4. Upon information and belief, Sam Khachatrian is a nonresident of Texas and is an
officer of Enmex and Duke & Morgan. Pursuant to Tex. Civ. Prac. & Rem. Code § 17.044(b),
the Secretary of State is the agent for service on nonresident Khachatrian. Khachatrian is
engaged in business in Texas and/or committed a tort in whole or in part in Texas. Khachatrian
does not reside in Texas, does not maintain a regular business in Texas and does not have a
designated agent for service of process. The cause of action brought in this Court by Plaintiff
bearing the above numbered cause and style arises from Khachatrian's business in Texas.
Khachatrian may be served with process at his home office, either at 8726 S. Sepulveda Blvd.,
- 3-
Suite D-C41, Los Angeles,
•California 90015 or 909 N. Sepulda
•
Blvd., Suite 360, El Segundo,
California 90245, or wherever he may be located.
5. Upon information and belief, Shogik Bludyan is a nonresident of Texas and is an
officer of Enmex and Duke & Morgan. Pursuant to Tex. Civ. Prac. & Rem. Code § 17.044(b),
the Secretary of State is the agent for service on nonresident Bludyan. Bludyan is engaged in
business in Texas and/or committed a tort in whole or in part in Texas. Bludyan does not reside
in Texas, does not maintain a regular business in Texas and does not have a designated agent for
service of process. The cause of action brought in this Court by Plaintiff bearing the above
numbered cause and style arises from Bludyan business in Texas. Bludyan may be served with
process at his home office, either at 8726 S. Sepulveda Blvd., Suite D-C41, Los Angeles,
California 90015 or 909 N. Sepulda Blvd., Suite 360, El Segundo, California 90245, or wherever
he may be located.
PRAYER FOR RELIEF
WHEREFORE, by virtue of Defendants' conduct as alleged in Plaintiffs Amended
Petition, Motiva prays that Defendants be cited to appear and answer and that a judgment be
entered in Motiva's favor and against Defendants for:
1. Recission by Enmex of any contract transferring any interest in the diesel to
Enmex, and returning the diesel and any proceeds resulting therefrom to
Motiva;
n. Fraud;
n1. Conspiracy;
IV. Actual damages;
v. Exemplary damages;
- 4-
VI.
•
Pre-judgment and post-judgment interest as allowed by law;
•
vii. Reasonable attorneys' fees and costs of court; and
vm. All other and further relief in law or equity to which Motiva may be entitled.
Respectfully submitted,
Dawn Estes
State Bar No. I 425 I 350
Paul S. Leslie
State Bar No. 12231550
3500 Maple, Suite I 100
Dallas, Texas 752I9
Telephone: (2I4) 599-4000
Facsimile: (2I4) 599-4099
KING & SPALDING LLP
Michael W. Youtt
State Bar No. 007923I5
Kevin D. Mohr
State Bar No. 24002623
Russell W. Smith
State Bar No. 24060625
II 00 Louisiana, Suite 4000
Houston, Texas 77002
Telephone: (7I3) 75I-3200
Facsimile: (713) 75I-3290
Attorneys for Motiva Enterprises, LLC
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• CERTIFICATE OF SERVICE
•
I hereby certify that a true and correct copy of the foregoing document was served by
U.S. first class mail on the 18th day of June, 2010 upon:
Defendant Enmex Corp. d/b/a
TEU Product Company and Transenergy
c/o CT Corporation Service System
350 N. St. Paul Street
Suite 2900
Dallas, Texas 75201
Defendant Paquin Energy & Fuel LLC
c/o
Peter F. Bagley
Blumberg & Bagley, L.L.P.
1119 W. Randol Mill Rd, #101
Arlington, Texas 76012
(817)277-1500
Dawn Estes
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Preview
• CAUSE NO. 348 246055 10 • MOTIV A ENTERPRISES LLC, dba § IN THE DISTRICT COURT OF SHELL OIL PRODUCTS US, § § Plaintiff, § § v. § § ENMEX CORPORATION, dba TEU § TARRANTCOUNTY,TEXAS PRODUCT COMPANY AND § --\ TRANSENERGY USA; DUKE & § MORGAN COMMODITY TRADING, § .. "?, - .. :. .-. ., -#\ "·-:-· LLC;TRUCKSTOPS,LLC;CARLA § . ..·----- BURHANAN; SAM KHACHATRIAN; § '_')'. ,. .~ .~ -: ·4-- -', __ \ ...,_ '' and SHOGIK BLUDYAN, § ~>:::> § Defendants, § § .'- ~'~ and § § PAQUIN ENERGY & FUEL, LLC, dba § VICTORY BIODIESEL, § § Bailee-Defendant. § 348th JUDICIAL DISTRICT SUPPLEMENT TO PLAINTIFF'S AMENDED PETITION REGARDING SERVICE ON NONRESIDENT DEFENDANTS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Motiva Enterprises LLC d/b/a Shell Oil Products US, complaining of Defendants Enmex Corporation dba TEU Product Company, Transenergy USA ("Enmex"), Duke & Morgan Commodity Trading LLC ("Duke & Morgan"), Truckstops, LLC ("Truckstops"), Carla Burhanan ("Burhanan"), Sam Khachatrian ("Khachatrian") and Shogik Bludyan ("Bludyan") (collectively, "Defendants"), and in support of its Amended Petition, file this Supplement to • Plaintiffs Amended Petition Regarding • Service on Nonresident Defendants, and would show unto the Court as follows: 1 1. Upon information and belief, Defendant Duke & Morgan Commodity Trading, LLC ("Duke & Morgan") is a nonresident of Texas and is a California company with its principal place of business at 909 N. Sepulda Blvd., Suite 360, El Segundo, California 90245. Pursuant to Tex. Civ. Prac. & Rem. Code§ 17.044(b), the Secretary of State is the agent for service on nonresident Duke & Morgan. Duke & Morgan is engaged in business in Texas and/or committed a tort in whole or in part in Texas. Duke & Morgan does not maintain a regular business in Texas and does not have a designated agent for service of process. The cause of action brought in this Court by Plaintiff bearing the above numbered cause and style arises from Duke & Morgan's business in Texas. Duke & Morgan may be served with process through its registered agent for service of process, Carla Burhanan, 9595 Willshire Blvd., Ste. 900, Beverly Hills, California, 90212 or its principal place of business at 909 N. Sepulda Blvd., Suite 360, El Segundo, California 90245. 2. Upon information and belief, Truckstops is a nonresident of Texas and is a California corporation that is believed to be affiliated with Duke & Morgan and/or Enmex. Truckstops holds out that its principal place of business is at 5933 W. Century Blvd., Suite 1100, Los Angeles, California 90045. Pursuant to Tex. Civ. Prac. & Rem. Code § 17.044(b), the Secretary of State is the agent for service on nonresident Truckstops. Truckstops is engaged in business in Texas and/or committed a tort in whole or in part in Texas. Truckstops does not maintain a regular business in Texas and does not have a designated agent for service of process. The cause of action brought in this Court by Plaintiff bearing the above numbered cause and Contemporaneously with the filing of its Amended Petition, Motiva is tiling an Application for Temporary Restraining Order. -2- style arises from Truckstops' • business in Texas. • Truckstops may be served with process through its registered agent for service of process, Carla Burhanan, 5933 W. Century Blvd., Suite 1100, Los Angeles, California 90045 or its principal place of business, 5933 W. Century Blvd., Suite 1100, Los Angeles, California 90045. 3. Upon information and belief, Carla Burhanan is a nonresident of Texas and is acting Chief Financial Officer of Enrnex and Chief Financial Officer of Duke & Morgan. Pursuant to Tex. Civ. Prac. & Rem. Code § 17.044(b), the Secretary of State is the agent for service on nonresident Burhanan. Burhanan is engaged in business in Texas and/or committed a tort in whole or in part in Texas. Burhanan does not reside in Texas, does not maintain a regular business in Texas and does not have a designated agent for service of process. The cause of action brought in this Court by Plaintiff bearing the above numbered cause and style arises from Burhanan's business in Texas. Burhanan may be served with process at her home office, either at 909 N. Sepulda Blvd., Suite 360, El Segundo, California 90245 or 8726 S. Sepulveda Blvd., Suite D-C41, Los Angeles, California 90015, or wherever she may be located. 4. Upon information and belief, Sam Khachatrian is a nonresident of Texas and is an officer of Enmex and Duke & Morgan. Pursuant to Tex. Civ. Prac. & Rem. Code § 17.044(b), the Secretary of State is the agent for service on nonresident Khachatrian. Khachatrian is engaged in business in Texas and/or committed a tort in whole or in part in Texas. Khachatrian does not reside in Texas, does not maintain a regular business in Texas and does not have a designated agent for service of process. The cause of action brought in this Court by Plaintiff bearing the above numbered cause and style arises from Khachatrian's business in Texas. Khachatrian may be served with process at his home office, either at 8726 S. Sepulveda Blvd., - 3- Suite D-C41, Los Angeles, •California 90015 or 909 N. Sepulda • Blvd., Suite 360, El Segundo, California 90245, or wherever he may be located. 5. Upon information and belief, Shogik Bludyan is a nonresident of Texas and is an officer of Enmex and Duke & Morgan. Pursuant to Tex. Civ. Prac. & Rem. Code § 17.044(b), the Secretary of State is the agent for service on nonresident Bludyan. Bludyan is engaged in business in Texas and/or committed a tort in whole or in part in Texas. Bludyan does not reside in Texas, does not maintain a regular business in Texas and does not have a designated agent for service of process. The cause of action brought in this Court by Plaintiff bearing the above numbered cause and style arises from Bludyan business in Texas. Bludyan may be served with process at his home office, either at 8726 S. Sepulveda Blvd., Suite D-C41, Los Angeles, California 90015 or 909 N. Sepulda Blvd., Suite 360, El Segundo, California 90245, or wherever he may be located. PRAYER FOR RELIEF WHEREFORE, by virtue of Defendants' conduct as alleged in Plaintiffs Amended Petition, Motiva prays that Defendants be cited to appear and answer and that a judgment be entered in Motiva's favor and against Defendants for: 1. Recission by Enmex of any contract transferring any interest in the diesel to Enmex, and returning the diesel and any proceeds resulting therefrom to Motiva; n. Fraud; n1. Conspiracy; IV. Actual damages; v. Exemplary damages; - 4- VI. • Pre-judgment and post-judgment interest as allowed by law; • vii. Reasonable attorneys' fees and costs of court; and vm. All other and further relief in law or equity to which Motiva may be entitled. Respectfully submitted, Dawn Estes State Bar No. I 425 I 350 Paul S. Leslie State Bar No. 12231550 3500 Maple, Suite I 100 Dallas, Texas 752I9 Telephone: (2I4) 599-4000 Facsimile: (2I4) 599-4099 KING & SPALDING LLP Michael W. Youtt State Bar No. 007923I5 Kevin D. Mohr State Bar No. 24002623 Russell W. Smith State Bar No. 24060625 II 00 Louisiana, Suite 4000 Houston, Texas 77002 Telephone: (7I3) 75I-3200 Facsimile: (713) 75I-3290 Attorneys for Motiva Enterprises, LLC - 5- • CERTIFICATE OF SERVICE • I hereby certify that a true and correct copy of the foregoing document was served by U.S. first class mail on the 18th day of June, 2010 upon: Defendant Enmex Corp. d/b/a TEU Product Company and Transenergy c/o CT Corporation Service System 350 N. St. Paul Street Suite 2900 Dallas, Texas 75201 Defendant Paquin Energy & Fuel LLC c/o Peter F. Bagley Blumberg & Bagley, L.L.P. 1119 W. Randol Mill Rd, #101 Arlington, Texas 76012 (817)277-1500 Dawn Estes -6-