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• CAUSE NO. 348 246055 10
•
MOTIVA ENTERPRISES LLC, dba § IN THE DISTRICT COURT OF
SHELL OIL PRODUCTS US, §
§
Plaintiff, §
§
v. §
§
ENMEX CORPORATION, dba TEU §
PRODUCT COMPANY AND §
TRANSENERGY USA; DUKE & §
MORGAN COMMODITY TRADING, § TARRANT COUNTY, TEXAS
LLC;TRUCKSTOPS,LLC;CARLA §
BURHANAN; SAM KHACHATRIAN; §
and SHOGIK BLUDYAN, §
§
Defendants, §
§
and §
§
PAQUIN ENERGY & FUEL, LLC, dba §
VICTORY BIODIESEL, §
§
Bailee-Defendant. § 348th JUDICIAL DISTRICT
EXTENSION OF TEMPORARY RESTRAINING ORDER AND
ORDER SETTING HEARING FOR TEMPORARY INJUNCTION
Plaintiff Motiva Enterprises LLC ("Motiva" or "Plaintiff') files its Motion for Extension
of Temporary Restraining Order ("Plaintiffs Motion") and asks this Court to grant a fourteen
day extension of the Temporary Restraining Order issued by this Court on June 18, 2010
("TRO") against 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").
The Court, after examining Plaintiffs Motion and Plaintiffs Application for the
Temporary Restraining Order and the affidavits and evidence attached to Plaintiffs Application,
EXTENSION OF TEMPORARY RESTRAINING ORDER AND dON 1-;?~ ID . ALL SEtfl''tltm VIA:
Court lsclJ!bRR~E5fiNG HEARING FOR TEMPORARY INJUNCTION
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~AND DELIVERY J;fea.tc.i.
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Transaction #le4 -sERVE COPIEs ON A~LHg;~E~~
and after considering the
•
arguments of counsel, finds that Motiva
•
extended Enmex a $500,000
line of unsecured credit, and between April 29, 2010 and May 10, 2010, Defendant Enmex
purchased at least 202,000 gallons of diesel fuel (the "Fuel") from Motiva pursuant to seven
separate invoices.
The Court also finds that Enmex took delivery of the Fuel at Motiva's distribution
terminal in Fort Worth, Texas, via a common carrier, Texas TransEastem, and Texas
TransEastem thereafter delivered the Fuel to Victory.
The Court further finds that the destination of part or all of the Fuel in Victory's
possession was to DK Environmental Company ("DK Environmental"), 3650 E. 261h Street, Los
Angeles, California 90023.
The Court also finds that railcars of the Fuel in Victory's possession were shipped to Los
Angeles, California to DK Environmental, and these railcars of Fuel were thereafter delivered
from DK Environmental to Duke & Morgan.
The Court further finds that pursuant to the terms of the invoices under which Enmex
purchased the Fuel, payment was due ten days from delivery, and the total invoice price for the
Fuel that Enmex purchased from Motiva is $551,383.58.
The Court finds that Motiva attempted to withdraw payment from Enmex's bank account,
as authorized by the parties' agreement, but payment was stopped on the first draw payment, and
insufficient funds were available to pay the sums due on each subsequent attempt, and Motiva
has also made several attempts to contact Enmex regarding payment of the balance due.
The Court finds that Enmex has not paid Motiva the balance due of $5 51,3 83.58 and this
debt is just, due and unpaid.
The Court also finds that a search for liens and judgments against Enmex revealed
EXTENSION OF TEMPORARY RESTRAINING ORDER AND Page2
ORDER SETTING HEARING FOR TEMPORARY INJUNCTION
numerous tax liens filed
•
by various entities and numerous
•
default judgments entered as well as
pending actions in various jurisdictions.
The Court further finds that Enmex is in the business of selling fuel to retailers for
ultimate sale to consumers. Victory is a fuel transloading company that stores fuel for
distribution to end users. Duke & Morgan has a relationship with Enmex the extent of which at
a minimum includes that Defendant Burhanan holds herself out as the Chief Financial Officer for
both Enmex and Duke & Morgan and is the registered agent for service for Duke & Morgan.
Defendant Truckstops is related to Defendants Enmex and/or Duke & Morgan to the extent that
it made payment to Victory for costs invoiced to Duke & Morgan in connection with the fuel.
Defendant Khachatrian is an officer of Enmex and Duke & Morgan. Defendant Bludyan is an
officer of Enmex and Duke & Morgan, and is the registered agent for service of process for TEU
Product Company. TEU Product Company is a dba for Enmex.
The Court finds that Motiva is likely to suffer probable injury, because of the liens,
default judgments, and actions pending against Enmex, the fact that Enmex had no funds in the
account it had designated for payment to Motiva, and the fact that some of the Fuel is in
possession of Duke & Morgan, there is a substantial probability that Motiva will not recover
payment for the debt that is just and due.
The Court also finds that Motiva is likely to suffer imminent and irreparable harm,
because of the liens, default judgments, and actions pending against Enmex, as well as the fact
that some of the Fuel is in possession of Duke & Morgan, there is a substantial probability that
Motiva will lose its debt imminently. The Court further finds that Motiva is without an adequate
remedy at law because the evidence demonstrates a substantial likelihood that Enmex is
insolvent and will be unable to pay sufficient money damages.
EXTENSION OF TEMPORARY RESTRAINING ORDER AND Page 3
ORDER SETTING HEARING FOR TEMPORARY INJUNCTION
The Court further
•finds that unless Defendants are
•
ordered to refrain from selling,
moving, or transferring any of the Fuel or proceeds from any prior sale of any of the Fuel until
this lawsuit is resolved, there is a substantial likelihood that Enmex, acting in concert with
Defendants, will soon dispose of the Fuel with the intent to defraud its creditors and/or convert
the Fuel into money for the purpose of placing it beyond the reach of its creditors.
The Court also finds that unless Defendants are ordered to refrain from selling, moving,
or transferring any of the Fuel or any proceeds from prior sale of any of the Fuel until this
lawsuit is resolved, there is a substantial probability that Motiva will suffer irreparable harm in
losing its debt.
The Court further finds that there is no adequate remedy at law for Motiva because there
is a substantial likelihood that Defendants will soon dispose of the Fuel with the intent to defraud
Enrnex's creditors and/or convert the Fuel into money for the purpose of placing it beyond the
reach of Enrnex's creditors, such that there is no time or opportunity for Motiva to obtain a
remedy at law prior to possible sale, movement or transfer of the Fuel or prior sale proceeds.
The Court finds that Motiva is entitled to and should be awarded relief as set forth in the
Temporary Restraining Order and this Extension of the Temporary Restraining Order.
IT IS, THEREFORE, ORDERED that the Temporary Restraining Order issued by this
Court on June 18, 2010 is extended for an additional fourteen days for good cause shown.
IT IS FURTHER ORDERED that Defendants and any officers, directors, and any brokers
or other persons acting in concert with them refrain from selling, moving, or transferring any of
the Fuel at issue or any proceeds from the sale of any of the Fuel at issue until this lawsuit is
resolved.
IT IS FURTHER ORDERED that Defendants and any officers, directors, and any brokers
EXTENSION OF TEMPORARY RESTRAINING ORDER AND Page4
ORDER SETTING HEARING FOR TEMPORARY INJUNCTION
-----------------~
•
or other persons acting in concert with them shall not
•
sell, ship, or otherwise dispose of any fuel
claimed by or received from Enmex or Duke & Morgan, nor dispose of any proceeds received
from the sale thereof.
IT IS FURTHER ORDERED that Defendants and any officers, directors, and any brokers
or other persons acting in concert with them shall not sell, transfer, assign, mortgage, encumber,
dispose of, withdraw from, or alienate in any manner any bank account or other financial or
trading accounts that have been used to hold or transfer proceeds from the sale of any of the Fuel
at issue up to $551,383.58.
IT IS FURTHER ORDERED that Plaintiffs Application for Temporary Injunction shall
be heard in this Court, Tarrant County, Texas on -~~1-==7-~-'-/.-=.'5_ _ _, 2010 at
f:.3o Atrf, to show cause, if any, why the temporary injunction should not issue as requested by
Motiva.
IT IS FURTHER ORDERED that the bond for extension of the Temporary Restraining
Order is set at $15,000.00, which bond may be the same as the amended bond for the Writ of
Attachment and Temporary Restraining Order previously issued by this Court.
SIGNED this 2, day ofJuly, 2010, at / 'JO (7Y}
EXTENSION OF TEMPORARY RESTRAINING ORDER AND PageS
ORDER SETTING HEARING FOR TEMPORARY INJUNCTION
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• CAUSE NO. 348 246055 10 • MOTIVA ENTERPRISES LLC, dba § IN THE DISTRICT COURT OF SHELL OIL PRODUCTS US, § § Plaintiff, § § v. § § ENMEX CORPORATION, dba TEU § PRODUCT COMPANY AND § TRANSENERGY USA; DUKE & § MORGAN COMMODITY TRADING, § TARRANT COUNTY, TEXAS LLC;TRUCKSTOPS,LLC;CARLA § BURHANAN; SAM KHACHATRIAN; § and SHOGIK BLUDYAN, § § Defendants, § § and § § PAQUIN ENERGY & FUEL, LLC, dba § VICTORY BIODIESEL, § § Bailee-Defendant. § 348th JUDICIAL DISTRICT EXTENSION OF TEMPORARY RESTRAINING ORDER AND ORDER SETTING HEARING FOR TEMPORARY INJUNCTION Plaintiff Motiva Enterprises LLC ("Motiva" or "Plaintiff') files its Motion for Extension of Temporary Restraining Order ("Plaintiffs Motion") and asks this Court to grant a fourteen day extension of the Temporary Restraining Order issued by this Court on June 18, 2010 ("TRO") against 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"). The Court, after examining Plaintiffs Motion and Plaintiffs Application for the Temporary Restraining Order and the affidavits and evidence attached to Plaintiffs Application, EXTENSION OF TEMPORARY RESTRAINING ORDER AND dON 1-;?~ ID . ALL SEtfl''tltm VIA: Court lsclJ!bRR~E5fiNG HEARING FOR TEMPORARY INJUNCTION l~.llflU \1 ~AND DELIVERY J;fea.tc.i. ~o<::.MAIL&9~ Transaction #le4 -sERVE COPIEs ON A~LHg;~E~~ and after considering the • arguments of counsel, finds that Motiva • extended Enmex a $500,000 line of unsecured credit, and between April 29, 2010 and May 10, 2010, Defendant Enmex purchased at least 202,000 gallons of diesel fuel (the "Fuel") from Motiva pursuant to seven separate invoices. The Court also finds that Enmex took delivery of the Fuel at Motiva's distribution terminal in Fort Worth, Texas, via a common carrier, Texas TransEastem, and Texas TransEastem thereafter delivered the Fuel to Victory. The Court further finds that the destination of part or all of the Fuel in Victory's possession was to DK Environmental Company ("DK Environmental"), 3650 E. 261h Street, Los Angeles, California 90023. The Court also finds that railcars of the Fuel in Victory's possession were shipped to Los Angeles, California to DK Environmental, and these railcars of Fuel were thereafter delivered from DK Environmental to Duke & Morgan. The Court further finds that pursuant to the terms of the invoices under which Enmex purchased the Fuel, payment was due ten days from delivery, and the total invoice price for the Fuel that Enmex purchased from Motiva is $551,383.58. The Court finds that Motiva attempted to withdraw payment from Enmex's bank account, as authorized by the parties' agreement, but payment was stopped on the first draw payment, and insufficient funds were available to pay the sums due on each subsequent attempt, and Motiva has also made several attempts to contact Enmex regarding payment of the balance due. The Court finds that Enmex has not paid Motiva the balance due of $5 51,3 83.58 and this debt is just, due and unpaid. The Court also finds that a search for liens and judgments against Enmex revealed EXTENSION OF TEMPORARY RESTRAINING ORDER AND Page2 ORDER SETTING HEARING FOR TEMPORARY INJUNCTION numerous tax liens filed • by various entities and numerous • default judgments entered as well as pending actions in various jurisdictions. The Court further finds that Enmex is in the business of selling fuel to retailers for ultimate sale to consumers. Victory is a fuel transloading company that stores fuel for distribution to end users. Duke & Morgan has a relationship with Enmex the extent of which at a minimum includes that Defendant Burhanan holds herself out as the Chief Financial Officer for both Enmex and Duke & Morgan and is the registered agent for service for Duke & Morgan. Defendant Truckstops is related to Defendants Enmex and/or Duke & Morgan to the extent that it made payment to Victory for costs invoiced to Duke & Morgan in connection with the fuel. Defendant Khachatrian is an officer of Enmex and Duke & Morgan. Defendant Bludyan is an officer of Enmex and Duke & Morgan, and is the registered agent for service of process for TEU Product Company. TEU Product Company is a dba for Enmex. The Court finds that Motiva is likely to suffer probable injury, because of the liens, default judgments, and actions pending against Enmex, the fact that Enmex had no funds in the account it had designated for payment to Motiva, and the fact that some of the Fuel is in possession of Duke & Morgan, there is a substantial probability that Motiva will not recover payment for the debt that is just and due. The Court also finds that Motiva is likely to suffer imminent and irreparable harm, because of the liens, default judgments, and actions pending against Enmex, as well as the fact that some of the Fuel is in possession of Duke & Morgan, there is a substantial probability that Motiva will lose its debt imminently. The Court further finds that Motiva is without an adequate remedy at law because the evidence demonstrates a substantial likelihood that Enmex is insolvent and will be unable to pay sufficient money damages. EXTENSION OF TEMPORARY RESTRAINING ORDER AND Page 3 ORDER SETTING HEARING FOR TEMPORARY INJUNCTION The Court further •finds that unless Defendants are • ordered to refrain from selling, moving, or transferring any of the Fuel or proceeds from any prior sale of any of the Fuel until this lawsuit is resolved, there is a substantial likelihood that Enmex, acting in concert with Defendants, will soon dispose of the Fuel with the intent to defraud its creditors and/or convert the Fuel into money for the purpose of placing it beyond the reach of its creditors. The Court also finds that unless Defendants are ordered to refrain from selling, moving, or transferring any of the Fuel or any proceeds from prior sale of any of the Fuel until this lawsuit is resolved, there is a substantial probability that Motiva will suffer irreparable harm in losing its debt. The Court further finds that there is no adequate remedy at law for Motiva because there is a substantial likelihood that Defendants will soon dispose of the Fuel with the intent to defraud Enrnex's creditors and/or convert the Fuel into money for the purpose of placing it beyond the reach of Enrnex's creditors, such that there is no time or opportunity for Motiva to obtain a remedy at law prior to possible sale, movement or transfer of the Fuel or prior sale proceeds. The Court finds that Motiva is entitled to and should be awarded relief as set forth in the Temporary Restraining Order and this Extension of the Temporary Restraining Order. IT IS, THEREFORE, ORDERED that the Temporary Restraining Order issued by this Court on June 18, 2010 is extended for an additional fourteen days for good cause shown. IT IS FURTHER ORDERED that Defendants and any officers, directors, and any brokers or other persons acting in concert with them refrain from selling, moving, or transferring any of the Fuel at issue or any proceeds from the sale of any of the Fuel at issue until this lawsuit is resolved. IT IS FURTHER ORDERED that Defendants and any officers, directors, and any brokers EXTENSION OF TEMPORARY RESTRAINING ORDER AND Page4 ORDER SETTING HEARING FOR TEMPORARY INJUNCTION -----------------~ • or other persons acting in concert with them shall not • sell, ship, or otherwise dispose of any fuel claimed by or received from Enmex or Duke & Morgan, nor dispose of any proceeds received from the sale thereof. IT IS FURTHER ORDERED that Defendants and any officers, directors, and any brokers or other persons acting in concert with them shall not sell, transfer, assign, mortgage, encumber, dispose of, withdraw from, or alienate in any manner any bank account or other financial or trading accounts that have been used to hold or transfer proceeds from the sale of any of the Fuel at issue up to $551,383.58. IT IS FURTHER ORDERED that Plaintiffs Application for Temporary Injunction shall be heard in this Court, Tarrant County, Texas on -~~1-==7-~-'-/.-=.'5_ _ _, 2010 at f:.3o Atrf, to show cause, if any, why the temporary injunction should not issue as requested by Motiva. IT IS FURTHER ORDERED that the bond for extension of the Temporary Restraining Order is set at $15,000.00, which bond may be the same as the amended bond for the Writ of Attachment and Temporary Restraining Order previously issued by this Court. SIGNED this 2, day ofJuly, 2010, at / 'JO (7Y} EXTENSION OF TEMPORARY RESTRAINING ORDER AND PageS ORDER SETTING HEARING FOR TEMPORARY INJUNCTION