Motion for Entry of Default in MOTIVA ENTERPRISES LLC vs ENMEX CORPORATION, ET AL

On June 10, 2010 a Judgment was filed involving a dispute between and for CONTRACT, DEBT/CONTRACT in the District Court of Tarrant County.

Preview
• CAUSE NO. 348 246055 I0
•
MOTIV A ENTI RPRISES LLC, dba § IN THE DISTRICT COURT OF
SHELL OIL PR1 )DUCTS US, §
§
Plaintiff, §
§
v. §
§
ENMEX CORP,)RATION, dba TEU § TARRANT COUNTY, TEXAS
PRODUCT COI1P ANY AND §
~
--
..-', --·\
' '>
TRANSENERG Y USA; DUKE & § c::> : '
',
MORGAN CO~ lMODITY TRADING, § C-~
'·.:.
LLC; TRUCKS' 'OPS, LLC; CARLA §
I
BURHANAN; ~AM KHACHATRIAN; § ,_o
and SHOGIK B 1.UDYAN, § _..., '

-.
-~
§
Defendants, § s:.
§ s-
and §
§
PAQUIN ENEB GY & FUEL, LLC, dba §
VICTORY BIO )IESEL, §
§
Bailee-Defer. lant. § 348th JUDICIAL DISTRICT

PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT
ENMEX CO tPORA TION DBA TEU PRODUCT COMPANY, TRANSENERGY USA

Plaintiff \1otiva Enterprises LLC ("Motiva" or "Plaintiff') asks this Court to enter default

judgment again~ t Defendant Enmex Corporation dba TEU Product Company, Transenergy USA

("Enmex").

FACTUAL BACKGROUND

I. F laintiff filed its Original Petition against Defendant Enmex and Bailee-

Defendant Paqu n Energy & Fuel LLC d/b/a Victory Biodiesel ("Victory") on June IO, 20IO.

2. Cn June II, 20IO, Enmex was properly served with process by serving its

registered agent for service of process, CT Corporation Service System, 350 N. St. Paul Street,

Suite 2900, Dalhs, Texas 75201. See Ex. A, June II, 20IO Affidavit of Service.

PLAINTIFF'S Mt ITION FOR DEFAULT JUDGMENT AGAINST DEFENDANT ENMEX
CORPORATION DBA TEU PRODUCT COMPANY, TRANSENERGY USA PAGE 1
3.
• •
T1e citations and proofs of service have been on file with the Court for at least ten

(10) days, exclu ive ofthe day of filing and the day of judgment.

4. T1e deadline for Defendant Enmex to file its answer was Tuesday, July 6, 2010.

However, to da :e, neither Defendant Enmex has not filed an answer or any other pleading

constituting an c: 1swer. Accordingly, Defendant Enmex has wholly defaulted.

5. Cn June 18, 2010, Plaintiff filed its Amended Petition and its Supplement to

Plaintiffs Amer ded Petition Regarding Service on Nonresident Defendants.

6. Cn June 22, 2010, counsel for Motiva sent via hand delivery copies of the

documents filec on June 18, 2010 to Enmex's registered agent for service of process, CT

Corporation Se1 vice System, 350 N. St. Paul Street, Suite 2900, Dallas, Texas 75201, to be

served on Enme :. See Ex. B.

7. Cn June 24, 2010, counsel for Motiva sent via Federal Express copies of the

pleadings filed 'o date in this litigation, including Plaintiffs Amended Petition, to a lawyer in

California who ·epresented herself to be Enmex's counsel on other matters, Maureen Michail,

Daniels, Fine, I rae!, Schonbuch & Lebovits, 1801 Century Park East, 9th Floor, Los Angeles,

CA 90067. Sec Ex. C. Ms. Michail represented that she has not been retained to represent

Enmex in this rr atter but was endeavoring to negotiate resolution as a courtesy. See Ex. F.

8. I efendant Enmex continues to be liable to Plaintiff as specifically pled m

Plaintiffs Orig nal Petition and Amended Petition, and Plaintiff requests that the Court

immediately rer. jer a default judgment against Defendant Enmex on all issues relating to liability

in this case.

PLAINTIFF'S M >TION FOR DEFAULT JUDGMENT AGAINST DEFENDANT ENMEX
CORPORATION DBA TEU PRODUCT COMPANY, TRANSENERGY USA PAGE2
9. I urther, the
• •
damages sought in Plaintiffs Original Petition and Amended Petition

are liquidated, : re proved by a written instrument, and may be accurately calculated; therefore,

no hearing is n< cessary to establish the amount of damages.

10. !3etween April 29, 2010 and May 10, 2010, Enmex purchased approximately

202,000 gallon: of diesel fuel from Motiva pursuant to seven separate invoices. See Affidavit of

Javis Perry, at ached hereto as Exhibit D, ~ 3. True and correct copies of the invoices are

attached heret< as Exhibit A-2 to Exhibit D. The total invoice price for the diesel that Enmex

purchased fror L Motiva is $551,3 83.5 8, and Plaintiff has incurred actual damages in this amount.

/d.

11. In Plaintiffs Original Petition and Amended Petition, Plaintiff also requested

reasonable att Jrneys' fees and attaches as Exhibit E an affidavit proving attorneys' fees in this

case.

12. Defendant Enmex's last known address is at 8726 S. Sepulveda Blvd., Suite D-

C41, Los An~ eles, California 90015.

WHE! U:FORE, PREMISES CONSIDERED, Plaintiff prays that the Court enter

judgment for damages and attorneys' fees against Defendant Enmex; that Plaintiff recover costs

expended in iling this suit; that Plaintiff recover pre-judgment and post-judgment interest; and

that Plaintiff s awarded such other and further relief at law or in equity to which Plaintiff may be

justly entitle' .

Respectfully Submitted,

Dawn Estes
State BarNo. 14251350
Paul S. Leslie

PLAINTIFF' ; MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT ENMEX
CORPORAT ON DBA TEU PRODUCT COMPANY, TRANSENERGY USA PAGE3
• State BarNo.
•
12231550
3500 Maple, Suite 1100
Dallas, Texas 75219
Direct: 214.599.4007
Office: 214.599.4000
Cell: 214.208.7537
Fax 214.599.4099
pleslie@taberestes.com

PLAINTIFF'S IV OTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT ENMEX
CORPORA Tim DBA TEU PRODUCT COMPANY, TRANSENERGY USA PAGE4
• CERTIFICATE OF SERVICE
•
I hereby certify that a true and correct copy of the foregoing document was served by
certified mail or. the 9th day of July, 2010, upon:

Defendant Enm x Corp. d/b/a TEU Product Truckstops, LLC
Company and · 'ransenergy c/o Texas Secretary of State
c/o CT Corpora1 .on Service System Statutory Documents Section-Citations Unit
350 N. St. Paul :lt., Ste. 2900 1019 Brazos St., Room 220
Dallas, TX 752 ll Austin, TX 78701
carla@dnmorgan.com
c bu rhanan@teucorp. com

Defendant Enm x Corp. d/b/a TEU Product Carla Burhanan
Company and l. ransenergy c/o Texas Secretary of State
c/o Maureen Mi ;hail Statutory Documents Section-Citations Unit
Daniels, Fine, I~ rael, Schonbuch & Lebovits 1019 Brazos St., Room 220
1801 Century P. .rk East, 9th Floor Austin, TX 78701
Los Angeles, C.~ 90067 carla@dnmorgan.com
michail({il,dfis-1< w.com cburhanan(@,teucorp.com

Defendant Paqu .n Energy & Fuel LLC
c/o Peter F. Ba§ ley Sam Khachatrian
Blumberg & Ba ~ley, L.L.P. c/o Texas Secretary of State
1119 W. Rando Mill Rd, Statutory Documents Section-Citations Unit
#101 1019 Brazos St., Room 220
Arlington, TX '6012 Austin, TX 78701
peter@blumber ~bagley.com

Duke & Morgm. Commodity Trading Shogik Bludyan
c/o Texas Secre ary of State c/o Texas Secretary of State
Statutory Docm1ents Section-Citations Unit Statutory Documents Section-Citations Unit
1019 Brazos St. Room 220 1019 Brazos St., Room 220
Austin, TX 78', 01 Austin, TX 78701
carla@.dmnorg< n.com
cburhanan({il,tetl ;oro. com

PLAINTIFF'S IV OTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT ENMEX
CORPORATior DBA TEU PRODUCT COMPANY, TRANSENERGY USA PAGES
• THE STATE OF TEXA~
DISTRICT COURT,

CITATION
TARRANT COUNTY
• Cause
LJ
No.
COPY-
348-246055-10
MOTIV A ENTERPRISES LLC
vs.
ENMEX CORPORATION, ET AL

TO: ENMEX CORP1. >RATION
DBA TEU PROD CO AND ~RANSENERGY USA B/S CT CORP SYS, REG AGENT 350 N ST PAUL ST #2900 DALLAS, TX 75201-

You said DEFENDANT ar ~hereby commanded to appear by filing a writ~en answer to the PLAINTIFF'S ORIGINAL PETITION, MOT
FOR EXPEDITED DISCOVE ,y AND FOR EXPEDITED HEARING, MOTION TO SHORTEN TIME FOR HEARING ON MOTION FOR DISCOVERY AND
APPLICATION FOR WRIT ,,pATTACHMENT at or before 10 o'clock A.M. of the Monday next after the expiration of 20 days
after the date of ser ·ice hereof before the 343th District Court,401 w BEL&~AP, in and fo~ Tarrant County, Texas, at
the Co·1rthc.usein the City c:·Fort Worth, Tarrar..t:
County, Texas S: --
~(/)
(J ~ """
1:;!.-ry
Filed in said Court o June lOth, 2010 Against
-I _b, .~ :2:-
E~~EX CORPORATION, PA UIN ENERGY & FUEL LLC
(J" -- -tr-
r-~ ofTJ
For suit, said suit bing numbered 348-246055-10 the nature of which demand is as shown on sai~i== i(J ~c:J
PLAINTIFF'S ORIGINAL IETITION, MOT FOR EXPEDITED DISCOVERY AND FOR EXPEDITED HEARING, MOTION TO ~TE~ME~R
HEARING ON MOTION FOR DISCOVERY AND APPLICATION FOR WRIT OF ATTACHMENT a copy of which accompanitllthi~it~n.
::::0 -
PAUL S LESLIE
Attorney for MOTIVA ENTERPRISES LLC Phone No. (214)559-4000
Address 3500 MAPLE #1100 DALLAS, TX 75219
Thomas A. Wil1 se=.r_ __ , Clerk of the District Court of Tarrant County, Texas. Given under hiY hand and the s~al

of said Court, at ofL ce in the City of Fort Worth, this the 10

Deputy

NOTICE: You have been sued. You may employ an attorney. If you or your attorney do not file a written answer w:.ththe
clerk who issued this =itation by 10:00 AM. on the Monday next following the expiration of twenty day~ after you wP.r~

served this citation c ~dpetition, a default judgment may be taken against you.
Thomas A.\ 'ilder, Tarrant County District Clerk, 401 W BELKNAP, FORT WORTH TX 76196-0402

OFFICER'S RETURN
Received this Citatior on the ____ day of -------------• __ at o'clock _M; and executed at
within the county of , State of - - - - - at _ _ __ o'clock _M
on the---- day of ---------• _ _ by delivering to the within named (Def.):
defendant(s;, a true c 'PY ofthis Citation together with the accompanying copy of PLAINTIFF'S ORIGINAL PETITION, MOT
FOR EXPEDITED DISCOVEF ( AND FOR EXPEDITED HEARING, MOTION TO SHORTEN TIME FOR HEARING ON MOTION FOR DISCOVERY AND
APPLICATION FOR WRIT C ~ATTACHMENT, having first endorsed on same the date of delivery.

AuthorizeC Person/Constable/Sheriff:
County of - - - - - - - - - - - - - State of _ _ _ __ By - - - - - - - - - - - - - - - - - - - Deputy
Fees$ _ _ __
State of __ county of ----------------- {Must be verified if served outside the State of Texas)
Signed and sworn to by the said - - - - - - - - - - - - - - - - - - - before me this __ day of -----
to certify which witne ;s m hand and seal of office
(Seal)
EX,ilBIT
County of ----------' State of

I !--:- - -
• AFFIDAVIT OF SERVICE •
Plaintiffs 0 ·iginal Petition, Motion For Expidited Discovery and For Expedited
Hearing Mot, on to Shorten Time For Hearing For Discovery and Application For
Writ ·)f Attachment, Exhibits A 1-6, B, C, D, 1-16, E and Citation
Case Number: 348 246055-10

'Plaintiff:
'Motiva Enterprise :, LLC
!

Defendant:
:"Eri.[\leX Corporatic 1, et al

Received by Smart ::hoice Process Service, Inc. on the 11th day of June, 2010 at 3:15pm to be served on Enmex
Corporation by se ving it's Registered Agent, CT Corporation Systems, 350 North St. Paul Street, Ste.-2900,
Dalii!s, TX 75201,

I, Michael E. Wiggir ton, being duly sworn, depose and say that on the 11th day of June, 2010 at 3:55pm, 1:

served an AUTHOI ~IZED entity by delivering a true copy of the Plaintiffs Original Petition, Motion For
Expidited Discove :y and For Expedited Hearing Motion to Shorten Time For Hearing For Discovery and
Application For W ·it of Attachment, Exhibits A 1-6, 8, C, D, 1-16, E and Citation with the date and hour of
\Service endorsed U ereon by me, to: Sandy Galacia as Authorized Person To Accept Service at the address of:
,350 North St. Paul Street, Ste.-2900, Dallas, TX 75201, who stated they are authorized to accept service for
fEnmex Corporatic 1, and informed said person of the contents therein.
J'
;j certify that I arn
O\ 3r eighteen (18) years of age and not a party to nor intrested in the outcome of the above
nur:nbered suit. I ar 1 authorized to serve citations and notices in this cause by The Texas Supreme Court.

;i'am over eighteen ( 18) years of age and not a party to nor interested in the outcome of the above numbered suit.
am authorized to seve citations and other notices in this-cause by The Texas Supreme Court.
~
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-.::s:
~::t>
2?cn
~.h

Subscribed and Swc ·n to before me on the 22nd day
of June, 2010 by the affiant who is personally known
:to·me. Smart Choice Process Service, Inc.
P.O. Box 852188
~Qa4wA~~~
NO RY PUBLIC
Mesquite, TX 75185-2188
(214) 742-3100

Our Job Serial Number: 2010000857
l~~~~~.'~r.l;•.,
MELAIIE ANNETTE lOCKET
§';' ':"~ Notar · Public, State of Texas
~. . .}
...~j M, Commission Expires
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,;~{,~,!,\~>~..JunG 30 1 201 Copyright Cl
92·2009 Database Services, Inc. -Process Server's Toolbox V6.3u
TABER
THORNE

& C
ESTES

\R R
• • 3500 Maple Avenue
Suite 1100
Dallas, Texas 75219
Office: 214.599.4000
Fax: 214.599.4099
www.taberestes.com

Direct Dial:
214-599-4002
Email: destes@taberestes.c• m

June 22,2010

Via Hand Deliver;
Enrnex Corporatio t d/b/a TEU Product Company and Transenergy
c/o CT CorporatioJ. Service System
350 N. St. Paul, St' ite 2900
Dallas, TX 75201

Re: Motiva Ent ~rprises, LLC d/b/a Shell Oil Products US and Paquin Energy & Fuel LLC
d/b/a Victo; y Biodiesel, eta/.; Cause No. 348-246055-10

To Whom It May ( :oncern:

Plaintiff pn viously filed and served documents to CT Corporation on June 11, 2010 on
behalf of _Defend mt Enrnex Corporation d/b/a TEU Product Company and Transenergy
("Enrnex"). To de te, Plaintiff has not received notice of who will represent Defendant Enrnex
and have filed add tiona! documents relating to the above-referenced case. Therefore, enclosed
please find additio 1al documents, which were filed on Friday, June 18, 2010, that need to be
served on Defenda Lt Enrnex as well:

I. Ap:r: .ication for Temporary Restraining Order;
2. Terr porary Restraining Order and Order Setting Hearing! for Temporary
Inju tction;
3. Verification for Application for Temporary Restraining Order;
4. PlaiJ Ltiffs Amended Petition;
5. Sup: 'lement to Plaintiffs Amended Petition Regarding Service on Nonresident
Def( ndants;
6. Am( nded Bond for Writ of Attachment and Temporary Restraining Order; and
7. Plai1 tiffs Amended Motion to Shorten Time for Hearing and for Expedited
Disc )very.

Please serv : the attached documents upon Defendant Enrnex. Should you have any
questions, please de not hesitate to contact me.

Enclosures
EXHIBIT

IB
• ..:·SPECIAL:.·
00..
_. . . . . . . M\o••'

DELIVERY
H OH
... : 0 ~-·
.......

Sp 1cial Delivery Service, Inc. • 5470 L.B.J. Freeway • Dallas,' Texas 75240
------=--

A Copy Of The Delivery Ticket
You Requested Is Shown Below:

PlEase Contact Me If You Have Any Que~tions!

P :~t Lorey, Customer Service Represen'tative
Direct Telephone: (214) 866-3205
Email: Pat.Lorev@SpeciaiDelivery.c'om

Telephone: {214) 866-3200 • Fax Number: {214) 866-3201
TABER
T~ORNE

&
ESTES

:::ARR
• • 3500 Maple Avenue
Suite 1100
Dallas, Texas 75219
Office: 214.599.4000
Fax: 214.599.4099
www.taberestes.com

214-599-40( r
Direct Dial:
Email:pleslie@tabereste .com

June 24, 2010

VIA FEDERAL E:x mESS

Maureen M. Micl ail
Daniels Fine Isra( l Schonbuch
& Lebovits LLP
1801 Century Par:: East, 9th Floor
Los Angeles, CA 90067

Re: Me tiva Enterprises, LLC d/b/a Shell Oil Products US. v. E mex Corporation
diG 'a TEU Product Company and Trans energy USA, and Paqu Energy & Fuel,
LD ~d/b/a Victory Biodiesel; Cause No. 348-246055-10

Dear Ms. Michail:

Pursuant tt your conversation today with Dawn Estes, we understand hat you represent
Defendant Enmex Corporation d/b/a TEU Product Company and Transenergy SA in the above-
referenced lawsui'. Enclosed please find copies of the following pleadings which have been
filed to date in thi1 matter:

I. Tertporary Restraining Order and Order Setting Hearin for Temporary
Injt nction;

2. API lication for Temporary Restraining Order;

3. Ver fication for Application for Temporary Restraining Order;

4. Sup >lement to Plaintif~s Amended Petition Regarding Servic on Nomesident
Def :ndants;

5. Plai ttif~s Amended Petition;

6. Amt nded Bond for Writ of Attachment and Temporary Restrain ng Order;

7. Ordc r granting Motiva's Application for Writ of Attachment;

8. Writ of Attachment on Enmex Corporation d/b/a TEU Prod ct Company and
Tran ;energy USA;
EXHIBIT

0
Maureen M. Mic: tail
• •
June 24, 2010
Page2

9. Wit of Attachment on Paquin Energy & Fuel LLC d/b/a Victo

10. Bend for Writ of Attachment;

11. PI: intiffs Amended Motion to Shorten Time for Hearing d for Expedited
Di :covery; and

12. PI: intiffs Motion for Expedited Discovery and for Expedited H aring.

If you hav ~ any questions, please do not hesitate to contact me.

(s::), '
~'lio
PUip
Enclosures
•
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Ac :tress Information
Ship to: Ship from:
Maureen M. Michail Lisa Miller
Daniels Fine Israel Schonbuch
Taber Estes Thome & Carr
1801 CENTURY PARKE FL 9 3500 Maple Avenue, Suite 1100
E.
LOS ANGELES,CA Dallas. TX
90067-2302 75219
us us
310-556-7900 2145994000

Shipping Information
Tracking number: 793670166348
Ship date: 06/24/2010
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Number of packages: 1
Total weight: 8LBS
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Your reference: SheiVMotiva
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Invoice no.:
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Ivy Patrick

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E-mail: ipatric :@taberestes.com

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Recipient Information
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Maureen M. Michail
Lisa Miller
Daniels Fine Israel Schonbuch
Taber Estes Thorne & :arr
1801 CENTURY PARK E FL 9
3500 Maple Avenue, Slite 1100
E.
Dallas
LOS ANGELES
TX
CA
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1
• •
CAUSE NO. _ _ _ _ __

MOTIVJ ENTERPRISES LLC, dba § IN THE DISTRICT COURT OF ·
SHELL ( IL PRODUCTS US, §
§
Plaint: I, §
§ TARRANT COUNTY, TEXAS
v. §
§
ENMEX, ~ORPORATION, dba TEU §
PRODUC T COMPANY AND § JUDICIAL DISTRICTI
TRANSE ~ERGYUSA, §
§
Defen< aut. §

AFFIDAVIT OF JA VIS D. PERRY

i
I, :AVIS D. PERRY, state and swear as follows: I

1. I am a credit specialist for Motiva Enterprises LLC dba ShellOil P£r1 ducts US
("Motiva' 1 The following facts are based on my personal knowledge of events in \V ich Iwas
personall) involved, and are true and correct.

2. As a Credit Specialist Iam familiar with the application process used by Motiva
to approv ' credit to companies seeking to pmchase Shell products. To thatextept a credit
applicatio must be filled out. Attached hereto as Exhibit I isa true and correct cppy of the
Commerc' ll Credit Application ("Credit Application") submitted by Enmex Corporation dba
Trans Em ·gy USA on or about December 30, 2008. Based upon the Credit Applipation and
fmancial ~ atements and information provided by Enmex, Moth•a approved them for fredit with
an ultima! limit of$500,000.00. 1

I
3. Between April 29, 2010 and May 10, 2010 .Enmex picked up $55113S~.5~ of
diesel fue:!Tom Motiva's reiinety inFort Worth Texas and agreed to pay within JO days of
pickup as reflected in the invoices {a true and cotTect copy of which is attac~ed hereto
~ulkdivd • a" Exl,il>it 2).
Th~ iuvokes refkct the following purchases: I
i
'

a. Invoice No 7051497476 dated 4/29/10 for $106,990.48

b. Invoice No. 7051506418 dated 4/30110 for$ 43,192.20

c. Invoice No. 70515~450~ dated 5/06/10 for $!46,335.43

d. Invoice No. 7051593889 dated 5/07/10 for $ 53,138.86

e. Invoice No. 7051600726 dated 5/08110 for $ 60,820.72

EXHIBIT

ib
• •
f. Invoice No. 7051605167 dated 5/09/10 for $ 60,883.38

g. Invoice No. 7051613465 dated 5/10/10 for $ 80,022.51

TOTAL: $551,383.58

4. As part of the extension of credit to Enmex they were required to provide access to
Motiv . totheir bank account so payment could then be drawn from that account. Specifically,
Enme: signed an Electronic Fund Transfer Authorization Debit/Credit Agreement f~r a Bank of
Ameri :a Account in Los Angeles California as reflectedin the Credit Applicati(m attached
hereto as Exhibit 1. Then, on October 1, 2009, Erunex submitted a substitute Elec/ronic Fund
TransJ :rAuthorization Debit/Credit Agreement for a checking account with Unii)n Bank of
Califo nia in Hem1osa Beach, California (a true and correct copy of which is attachJd
I
hereto as
Exhibi 3).

5. Accordingly, after each of the above referenced invoices was processed ¥otiva tried
to wit! jraw payment fi·om the Union Bank account commencing on May 10, 2010 through May
20, 20 0. On the May 10, 2010 draw, payment was stopped, and thereafter each time rnsufficient
funds • 1ere available to pay the sums due and no payment was received. Attached hereto as
Exhibi 4 is a true and correct copy of the summary reports reflecting these facts.I

6. Since May 10, 2010 numerous effotts have been made by my staff to conlact Enmex
and ob ain payment. c~pies
Attached hereto as Exhibit 5 collectively are true and correct of the
emails exchanged between my staff and Carla Burhanan of Enmex regarding the butstanding
sums c ved. In addition, a member of my staff had a telephone conversation with M~. Burhanan
on Ma ' 20 in which Ms. Burhana promised that payment was fmthcoming. Contf.lry to Ms.
Burhar m's representations there has been no payment. Finally, on June 9, 2010, M~. Burhanan
infonn d Motiva by telephone thatit could not pay Motiva because the CaliforniaIBoard of
Equali: ation had placed a lien on its bank account. i

7. Motiva has been able to trace the dieselfuel taken by Enmex to a comJany named
Victor)Biodiesel, located in Keller, Texas. According to Texas Secretary of Statlrecords (a
true an·correct copy of which is attached hereto as Exhibit 6), Victory Biodiesel is a
rade name
for Pac.1in Energy & Fuel, LLC. I spoke with Steve Olive at Victory on June 8, 2010, who
confim ed that Victory still had possession of at least a substantial portion ofthe Enm
x diesel at
1

~.
that tin·
i
L Mr. Olive indicated that Victory is a transloader of fuel.
Transloaders stJre fuelfor
ultima!· distribution to end users who purchase it fi"om the owner.
Accordingly, the diesel could
immine 1tly be distributed to end users for consumption. :
i

'. Mr. Ol~ve did not
Mr. Olive also indicated that Enmex used a broker to sell the fuel.
say the 1arne ofthe broker, but agreed to pass along Motiva's contact information to fhe broker.
Ms. B~: ·hananat Enmex subsequently identifiedthe broker as Dick O'Rourke in!

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Document Filed Date

July 09, 2010

Case Filing Date

June 10, 2010

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Judgment: MOTIVA ENTERPRISES LLC vs ENMEX CORPORATION, ET AL

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