Preview
2011-42744A / Court: 295
CAUSE NO. 2011-42744
ING FUELS, INC. IN THE DISTRICT COURT OF
Plaintiff
PREWITT PETROLEUM PRODUCTS, §
INC.; RODNEY THOMPSON;
STANLEY THOMPSON; CATAPULT § HARRIS COUNTY, TEXAS
GROUP, INC.; MOHAMMAD A.
CHAUDHRY; STEVE A. THOMPSON; §
MENGHI ENTERPRISES, INC.;
S.A. THOMPSON OIL CO., INC.; and §
SULEMAN BHIMANI
Defendants § 295 JUDICIAL DISTRICT
PLAINTIFF KING FUELS, INC.’S_ECOND SET OF REQUESTS FOR PRODUCTION
DEFENDANTS PREWITT PETROLEUM PRODUCTS, INC.; RODNEY THOMPSON;
STANLEY THOMPSON; AND CATAPULT GROUP, INC.
Defendants Prewitt Petroleum Products, Inc., Rodney Thompson, Stanley Thompson, and.
Catapult Group, Inc., by and through their counsel of record, David Frishman, 5723
Highway Blvd., Katy, Texas 77494; via electronic service provider, ennil and/or
facsimile.
ow comes King Fuels, Inc., Plaintiff, serving this Second Set of Requests For
Production to Prewitt Petroleum Products, Inc. (“Prewitt Petroleum’), Rodney Thompson,
Stanley Thompson, and Catapult Group, Inc. (“Catapult”) (all of these Defendants sometimes
collectively referred to herein as “Prewitt Defendants”) pursuant to Texas Rules of Civil
Procedure 192 and 196 and requesting that Defendants Prewitt Petroleum Products, Inc., Rodney
Thompson, Stanley Thompson, and Catapult Group, Inc., produce copies of, or permit Plaintiff
to inspect, sample, test, photograph, and/or copy the designated documents, records, or tangible
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Exhibit 1things which are in Defendants’ possession, custody, or control, or are available to you, or are in
the possession, custody, or control of your agents, representatives, or attomeys.
Unless otherwise noted in the Requests for Production, Plaintiff designates the manner of
discovery to be by Defendants providing King Fuel Inc.’s attomey, Eddie M. Krenek, with a
photocopy or duplicate of each of the designated documents, records, or tangible things in
Defendants’ possession, custody, or control, or by making the designated items available for
inspection, sampling, testing, photographing and/or copying at the office of Plaintiffs attomey,
Eddie M. Krenek, at 21555 Provincial Blvd., Katy, Texas 77450 within 30 days after service of
these Requests for Production.
Pursuant to Iv __ 193.5, these Requests for Production are continuing in natur
and require supplementation as soon as is practical, but in no event less than 30 days prior to the
beginning of tral, and specifically include supplementation regarding expert witnesses, and
expert witnesses’ reports, physical models, compilations of data, photographs or videos, and
other materials that have been prepared by, relied upon, reviewed by, or used by an expert.
Respectfully submitted,
RENEK AW _ FFICES
y: /s/ Eddie M. Krenek
ddie M. Krenek
krenek@kreneklaw.com
Texas Bar No. 11724980
Tricia K. Thompson
kthompson@kreneklaw.com
Texas Bar No. 24031324
21555 Provincial Blvd.
Katy, Texas 77450
Telephone: (281) 578-7711
Fax: (281) 578-8988
TORNEY S FOR KING FUELS, INC.
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Exhibit 1RTIFICATE OF SERVICE
he undersigned certifies that a true and correct copy of this pleading was forwarded to
all counsel in this matter on this the 27 day of January, 2017 as follows:
David Frishman Via Electronic Service Provider and/or
5723 Highway Blvd. via facsimile 281) 391-2148 and/or
Katy, Texas 77494 via ennil: David. Frishman@DavidF rishmanLaw.com
MarvinJ. Angle Via Electronic Service Provider and/or
HE ORMAN AW IRM Via facsimile (908) 586-0524 and/or
215 E. Commerce via ennil: JoeAngle@nonmanlawiinnoom
P.O. Box 1870
Jacksonville, Texas 75766
John F. Bary Via Electronic Service Provider and/or
OHN ~~ ERRY PC. Via facsimile (908) 561-8922 and/or
100 Independence Place, Suite400 via ennil: jfbeny@suddenlinknnil.com
Tyler, Texas 75703
raig M. Daugherty Via Electronic Service Provider and/or
Beard & Harris a facsimile (908) 509-4908 and/or
100 Independence PI., Suite 101 via ennil: craig@beardandharris.com
Tyler, Texas 75703-1327
Eddie M. Krenek
ddie M. Krenek
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Exhibit 1FINITIONS AND INSTRUCTIONS
s used herein, the terms "you", "your', or "Defendant " shall mean Defendants
Prewitt Petroleum Products, Inc., Rodney Thompson, Stanley Thompson, and/or Catapult
Group, Inc. (hereinafter sometimes also referred to as “Prewitt Defendants” ), as well as any
attomeys, agents, employees, and all other natural persons or business or legal entities acting, or
purporting to act, for or on the behalf of Prewitt Petroleum Products, Inc., Rodney Thompson,
Stanley Thompson, and Catapult Group, Inc., whether authorized to do so ornot. This definitio
also includes Samuel J. Blustein and all attomeys representing the Prewitt Defendants at the fim
of Hirsch & Westheimer, P.C.; David Frishman; and any and all other attomeys, brokers, agents
or legal counsel that represented or acted in any way on behalf of the Prewitt Defendants
conceming the assets and properties at issue in this case, as well as conceming any matters that
relate to the Asset Purchase Agreement, the Amendment to Asset Purchase Agreement, and the
Assignment of contracts referenced therein.
s used herein, the terms “Prewitt Petroleum”, “Prewitt”, or “Prewitt Petroleum
Products” shall mean Prewitt Petroleum Products, Inc., as well as any attomeys, agents,
employees, and all other natural persons or business or legal entities acting, or purporting to act,
for or on the behalf of Prewitt Petroleum Products, Inc., Rodney Thompson, Stanley Thompson,
and Catapult Group, Inc., whether authorized to do so or not. This definition includes all such
persons, agents and representatives referenced in the definition set forth in category “A” above.
s used herein, the terms “Catapult” or “Catapult Group” shall mean Catapult
Group, Inc., as well as any attomeys, agents, employees, and all other natural persons or
business or legal entities acting, or purporting to act, for or on the behalf of Prewitt Petroleum
Products, Inc., Rodney Thompson, Stanley Thompson, and Catapult Group, Inc., whether
authorized to do so or not. This definition includes all such persons, agents and representatives
referenced in the definition set forth in category “A” above.
hen used herein “Plaintiff” or “King Fuels” means King Fuels, Inc. The terms
Ennis store” and “Ennis location” and “Ennis facility” and “Ennis Shell store” as used herein
shall mean the dealer/retail fuel distribution and sales facility and convenience store located at
100 N. Interstate Highway 45, Ennis, Texas 75119.
s used herein, the term “Thompson Oil” shall mean S.A. Thompson Oil Co.,
Inc., Steve A. Thompson, Suleman Bhimani, and Saad Sheikh, as well as any attomeys,
agents, employees, brokers, real estate representatives, and all other natural persons or business
or legal entities acting, or purporting to act, for or on the behalf of S.A. Thompson Oil Co., Inc.,
Steve A. Thompson, Suleman Bhimani and Saad Sheikh, whether authorized to do so or not.
s used herein, the terms “Menghi” and “Menghi Enterprises” and “Chaudhry”
shall mean Menghi Enterprises, Inc., and Mohammad A. Chaudhry, as well as any attomeys,
agents, employees, and all other natural persons or business or legal entities acting, or purporting
to act, for or on the behalf of Menghi Enterprises, Inc., and/or Mohammad A. Chaudhry, whether
authorized to do so or not. As used herein, the tem “Chaudhry” shall mean Mohammad A.
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Exhibit 1Chaudhry, as well as any attomeys, agents, employees, and all other natural persons or business
or legal entities acting, or purporting to act, for or on the behalf of Menghi Enterprises, Inc.,
and/or Mohammad A. Chaudhry, whether authorized to do so or not.
s used herein, the term “Bhimani” shall mean Suleman Bhimani and S.A.
Thompson Oil Co., Inc., as well as any attomeys, agents, employees, and all other natural
persons or business or legal entities acting, or purporting to act, for or on the behalf of Suleman
Bhimani and/or S.A. Thompson Oil Co., Inc., whether authorized to do so or not.
hen used herein, the terms “incident” or “matters at issue” shall mean the
causes of action alleged in Plaintiff's most recent petition. When used herein, the terms “the
Agreement,” “APA,” “the Asset Purchase Agreement,” and “the Purchase Agreement” shall
mean the Asset Purchase Agreement dated to be effective July 20, 2009, that includes (as part of
the assets at issue) the Ennis location, store, business, assets and facility, as well as any and all
fuel supply agreements and fuel supply rights relating to that location. When used herein, the
terms “Amendment to Purchase Agreement” or “Amended Agreement” or “Amendment to Asset
Purchase Agreement” “Amendment to APA” or “AAPA” shall mean that certain agreement
executed on November 24, 2009, and that addresses and concems the Ennis location.
he term “document” or “documents” shall mean all records, writings,
correspondence, papers, books, treatises, publications, accounts, drawings, graphs, graphics,
charts, movies, photographs, written or electronically recorded or compiled notes, test results, or
memoranda, audio tape recordings, and video tape recordings of every kind, source, and
authorship, both originals and all nonidentical copies thereof, together with all attachments and
appendices, which are in your possession, custody, or control, or known by you to exist,
imrespective of whether such was intended for or transmitted intemally by you, or intended for or
transmitted to any other person or entity, including without limitation any govemment agency,
department, administrative agency, or private entity or person. The tem shall include
handwritten, typewritten, printed, photocopied, photographic, electronically recorded, or graphic
matter. The term "document" or "documents" shall also include communications in words,
symbols, pictures, audio recortings, films/movies, video tapes, CDroms, and all information
stored in, or accessible through, computers or other electronic and optical information storage or
retrieval systems, together with the codes and/or programming instructions and other materials
necessary to understand and use such systems. Further, to the extent that the information
requested hereinafter exists within a computer, computer retrieval system, computer recorded
medium, or other electronically or optically recorded method you are requested to reduce the
information to paper copy.
Testifying Expert" means any expert who may testify, or is expected to, testify
at trial, either in your case in chief or rebuttal, by deposition or live testimony.
Consulting Expert" means any expert who has been informally consulted,
retained, or specially employed by you, or by any other Defendant, in anticipation of litigation or
preparation for trial or deposition, but who will not be called to testify, whose opinions and/or
mental impressions, including any documents, tangible things, test results, factual observations,
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Exhibit 1data, or work product containing such mental impressions and opinions, have been reviewed by a
testifying expert. "Consulting Expert" does not include an expert who has been informally
consulted, retained, or specially employed by you in anticipation of litigation or preparation for
trial or deposition who will not be called to testify, whose opinions and/or mental impressions
have nothbeen reviewed by a testifying expert.
The tem "Person" shall include individuals, associations, partnerships,
corporations, and any other type of entity or institution whether formed for business purposes or
any other purposes.
Tf any document which would be responsive to any Request For Production herein
‘was, but is no longer, in your possession or subject to your control, or is no longer in existence,
identify each document, in the manner defined herein above, and by additionally stating:
if itis missing or lost; or
2. if it has been destroyed; or
3. if it has been transferred voluntarily to others; or
4. it has been otherwise disposed of;
and in each instance in which it has been destroyed, transferred, or disposed of:
1. explain the circumstances surrounding such disposition; and.
identify the persons(s) directing or authorizing its destruction or transfer;
and
3. the date(s) of such direction or authorization; and
whether the document (or copies) are still in existence, and if so, identify
the custodians(s) and its (or their) present locations(s).
"Control" means within your possession, custody, or control and includes
constructive possession as long as you, your attomeys, agents, or representatives, whether natural
persons or business or legal entities, have possession, custody, or control or have superior right
to compel production from any third party, whether natural persons or business or legal entities,
and including any agency, authority, or representative.
TIME PERIOD
Unless otherwise indicated, the time period applicable to each request is from January 1,
2009, to the date of trial. If your answer is not true for this entire period, provide answers for
each part of this period and indicate the dates to which each answer applies.
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Exhibit 1REQUESTS FOR PRODUCTION
Please read the Definitions preceding these Requests For Production and utilize those
Definitions in your Responses.
All documents that reflect or evidence correspondences and communications between the
Prewitt Defendants and World Fuels, as well as any persons acting on behalf of Word.
Fuels.
All agreements between the Prewitt Defendants and Hirsch & Westheimer, P.C., as well
as any attomeys with this law firm, which relate to any representation of the Prewitt
Defendants from January 1, 2009 to the present.
All organizational documents of Prewitt Petroleum, including the corporate minute book
and all corporate minutes of meetings of the Prewitt Petroleum shareholders a
directors, as well as all minutes or other writings of authorities provided to any person to
act on behalf of Prewitt Petroleum, as well as all minutes or other writings of authorities
for or approval of any actions or transactions from January 1, 2009, to the present.
All organizational documents of Catapult Group, including the corporate minute book
and all corporate minutes of meetings of the Catapult Group shareholders and directors,
as well as all minutes or other writings of authorities provided to any person to act on
behalf of Catapult Group, as well as all minutes or other writings of authorities for or
approval of any actions or transactions from January 1, 2009, to the present.
All invoices and billings (including timeslips and descriptions of legal work) reflecting
legal work and legal representation of the Prewitt Defendants provided by Samuel J.
Blustein and all attomeys representing the Prewitt Defendants at the firm of Hirsch &
Westheimer, P.C., and which invoices/hillings/timeslips concemed the APA, the AAPA,
the assets at issue in the APA, World Fuels, the Ennis property/location, King Fuels, or
any claims or lawsuits conceming or relating to the matters at issue in this case.
All invoices and billings (including timeslips and descriptions of legal work) reflecting
legal work and legal representation of the Prewitt Defendants provided by Samuel J.
Blustein and all attomeys representing the Prewitt Defendants at the firm of Hirsch &
Westheimer, P.C., and which invoices/hillings/timeslips reflect work done for on behalf
of the Prewitt Defendants from January 1, 2009 to the present.
All invoices and billings (including timeslips and descriptions of legal work) reflecting
legal work and legal representation of the Prewitt Defendants provided by David
Frishman and all attomeys representing the Prewitt Defendants working in conjunction
with David Frishman, and which invoices/hillings/timeslips concemed the APA, the
AAPA, the assets at issue in the APA, World Fuels, the Ennis property/location, King
Fuels, or any claims or lawsuits conceming or relating to the matters at issue in this case.
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Exhibit 1All invoices and billings (including timeslips and descriptions of legal work) reflecting
legal work and legal representation of the Prewitt Defendants provided by David
Frishman and all attomeys representing the Prewitt Defendants working in conjunction.
with David Frishman, and which invoices/hillings/timeslips reflect work done for on
behalf of the Prewitt Defendants from January 1, 2009 to the present.
All banking records of the Prewitt Defendants from January 1, 2009, through December
All banking records of the Prewitt Defendants from January 1, 2008, through December
All banking records of the Prewitt Defendants from January 1, 20012, through the
present.
All financial statements prepared by or on behalf of the Prewitt Defendants, or provided
to any bank, financial institution, lender, fuel supplier, or other person or entity that
concems the time period from January 1, 2008 to the present.
All signed contracts and agreements between any of the Prewitt Defendants and any other
Defendant or party in this case.
All fuel supply agreements or other written agreements reflecting the terms for
purchasing or selling fuel products that were used by, or that were signed by or on behalf
of, any of the Prewitt Defendants, and which were applicable at any time from January 1,
2008, through December 31, 2012.
All lease agreements between any of the Prewitt Defendants and Kim Cole or any entity
with which he is or wes affiliated.
All fuel supply agreements between any of the Prewitt Defendants and Kim Cole or any
entity with which he is or was affiliated
All emails, correspondences, agreements, contracts, or other written communications
between the Prewitt Defendants and John Berry.
All emails, correspondences, agreements, contracts, or other written communications
between the Prewitt Defendants and any of the Defendants in this case.
All documents that reflect or evidence all of the steps and actions taken by any of the
Prewitt Defendants to ensure that the Ennis location continued to be operated as a Shell
gas and service station, and which steps and actions occurred at any time from November
24, 2009, to the present.
All documents that reflect or evidence all of the steps and actions taken by any of the
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Exhibit 1Prewitt Defendants to ensure that King Fuels remained entitled to supply fuel to the Ennis
location or the Ennis facility for a period of ten years beginning November 24, 2009, and.
which steps and actions occurred at any time from November 24, 2009, to the present.
All of the litigation files conceming Case No. 08-22407-CIV GRAHAM/TORRES,
World Fuel Services, Inc. vs. Prewitt Petroleum Products, Inc. and B. Stanley Thompson,
individually, and Rodney L. Thompson, Individually, in the United States District Court
for the Southem District of Florida, and all documents referencing this case and the
claims in this case
All Security Agreements signed by, executed by, or applicable to any of the Prewitt
Defendants, and which were signed, executed or in effect at any time from January 1,
2007, to the present.
All correspondences and communications between any of the Prewitt Defendants and
Menghi Enterprises, or anyone affiliated with this entity or acting on its behalf
All correspondences and communications between any of the Prewitt Defendants and
Mohammad Chaudhry, or anyone affiliated with him or acting on his behalf.
All correspondences and communications between any of the Prewitt Defendants and
S.A. Thompson Oil Company, or anyone affiliated with this entity or acting on its behalf.
All documents reflecting or evidencing liens, claims, encumbrances, and litigation
relating to the Ennis property.
All documents reflecting or evidencing the terms of any resolutions of liens, claims,
encumbrances and litigation relating to the Ennis property.
All documents reflecting or evidencing payments made by or on behalf of any of the
Prewitt Defendants to settle, resolve or otherwise extinguish any liens, claims,
encumbrances and litigation relating to the Ennis property.
All documents reflecting or evidencing payments made from funds escrowed as part of
any transactions relating to the Ennis property, that were utilized to settle, resolve or
otherwise extinguish any liens, claims, encumbrances and litigation on or relating to the
Ennis property.
All documents that were part of the closing transaction between any of the Prewitt
Defendants and Menghi Enterprises conceming the Ennis property.
All documents reflecting transfers of funds conceming the sale of the Ennis property by
any of the Prewitt Defendants to any other Defendant or party in this case.
All records of the money or payments received by any of the Prewitt Defendants from the
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Exhibit 1tenants/lessees of the Ennis facility, and which related to the period from January 1,
2007, through December 31, 2012.
The signed contract for deed conceming the Ennis property that Stanley Thompson
testified about in his deposition.
All documents reflecting payments made by any person or entity to any of the Prewitt
Defendants conceming, relating to, or that was part of the contract for deed transaction.
about which Stanley Thompson testified in his deposition.
All records of money or payments received by any of the Prewitt Defendants for the sale
of fuel products to the Ennis location.
All documents that reflect contracts, agreements, correspondences and communications
between any of the Prewitt Defendants and any other person or entity relating to the
construction of improvements on the Ennis property.
All documents that reflect or evidence payments made by any of the Prewitt Defendants
to any other person or entity relating to the construction of improvements on the Ennis
property.
All documents that reflect payments made by Prewitt Petroleum to Stanley Thompson at
any time from January 1, 2007 to the present, including banking records reflecting or
All documents that reflect payments made by Prewitt Petroleum to Rodney Thompson at
any time from January 1, 2007 to the present, including banking records reflecting or
All documents that reflect payments made by atapult Group to Stanley Thompson at
any time from January 1, 2007 to the present, including banking records reflecting or
All documents that reflect payments made by atapult Group to Rodney Thompson at
any time from January 1, 2007 to the present, including banking records reflecting or
All documents that you contend reflects any damages that the Prewitt Defendants claim.
to have incurred as a result of any actions or inactions on the part of Plaintiff
All documents that reflect or evidence the basis for any claims or causes of action that
you contend are based on any actions by Zaki Niazi.
All documents on which you rely to support any claims or causes of action against Zaki
Niazireflected in any of t he Prewitt Defendants pleadings
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Exhibit 1All documents that reflect King Fuels’ claims are barred by express contract and the
Doctrine of Merger.
All documents that reflect King Fuels’ claims are barred by contractual disclaimer.
All documents that reflect King Fuels’ claims are barred by estoppel.
All documents that reflect King Fuels’ claims are barred bystatute of limitations
All documents that reflect King Fuels’ claims are barred by “Plaintiff s fault’ as alleged
in your pleadings.
All documents that reflect King Fuels’ claims are barred bystatute of frauds
All documents that reflect or evidence that King Fuels’ claims are barred by ratification.
All documents that reflect King Fuels’ claims are barred by “Plaintiff s knowledge of
falsityof the misrepresentations ” as alleged in your pleadings.
All documents that reflect the misrepresentations to which the Prewitt Defendants refer
conceming the affirmative defense asserted in paragraph 14 of Defendants’ Supplement
and Third Amended Answer, Affirmative Defenses and Counterclaim.
All documents that reflect or evidence that King Fuels’ claims are barred by privilege.
All documents that reflect or evidence that King Fuels’ claims are barred by justification.
All documents that reflect or evidence that King Fuels’ claims are barred by the doctrine
of inability to perform.
All documents that reflect or evidence that King Fuels’ claims are barred by Plaintiff
failure to mitigate its damages, as alleged in paragraph 17 of Defendants’ Supplement
and Third Amended Answer, Affirmative Defenses and Counterclaim.
All documents that reflect or evidence that King Fuels’ claims are barred by the doctrine
f influence of another s business policy, as alleged in paragraph 18 of Defendants’
Supplement and Third Amended Answer, Affirmative Defenses and Counterclaim.
All documents that reflect or evidence that King Fuels’ claims are barred by Plaintiff’
lack of standing to sue, as alleged in paragraph 19 of Defendants’ Supplement and Third
Amended Answer, Affirmative Defenses and Counterclaim.
All documents that reflect or evidence that King Fuels’ claims are barred by Plaintiff
repudiation, as alleged in paragraph = of Defendants’ Supplement and Third Amended.
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Exhibit 1Answer, Affirmative Defenses and Counterclaim
All documents that reflect or evidence that King Fuels’ claims are barred by revocation
as alleged in paragraph = of Defendants’ Supplement and Third Amended Answer,
Affirmative Defenses and Counterclaim
All documents that reflect or evidence that King Fuels’ claims are barred by Plaintiff
fraud, as alleged in paragraph of Defendants’ Supplement and Third Amended
Answer, Affirmative Defenses and Counterclaim
All documents that reflect or evidence that King Fuels’ claims are barred by mistake, as
alleged in paragraph of Defendants’ Supplement and Third Amended Answer,
Affirmative Defenses and Counterclaim
All documents that reflect or evidence that King Fuels’ claims are barred by Plaintiff
failure to perform conditions precedent, as alleged in paragraph of Defendants’
Supplement and Third Amended Answer, Affirmative Defenses and Counterclaim.
All documents that reflect or evidence that King Fuels’ claims are barred mpossibility of
performance, as alleged in paragraph of Defendants’ Supplement and Third Amended
Answer, Affirmative Defenses and Counterclaim
All documents in any contracts or agreements between any of the Prewitt Defendants and
Plaintiff that you contend contain ambiguous terms or provisions.
All documents that reflect or evidence that King Fuels’ claims are barred by accord and
satisfaction, as alleged in paragraph = of Defendants’ Supplement and Third Amended.
Answer, Affirmative Defenses and Counterclaim
All documents that reflect or evidence that King Fuels’ claims are barred by novation, as
alleged in paragraph 27 of Defendants’ Supplement and Third Amended Answer,
Affirmative Defenses and Counterclaim
All documents that reflect or evidence that King Fuels’ claims are baned by
unconscionahbility, as alleged in paragraph = of Defendants’ Supplement and Third
Amended Answer, Affirmative Defenses and Counterclaim.
All documents that reflect or evidence that King Fuels’ claims are baned by
modification, as alleged in paragraph 29 of Defendants’ Supplement and Third Amended.
Answer, Affirmative Defenses and Counterclaim
All documents that reflect or evidence that King Fuels’ claims are barred by ratification
as alleged in paragraph = of Defendants’ Supplement and Third Amended Answer,
Affirmative Defenses and Counterclaim
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Exhibit 1Il documents that reflect or evidence that King Fuels’ claims are barred by waiver, as
alleged in paragraph of Defendants’ Supplement and Third Amended Answer,
Affirmative Defenses and Counterclaim
Il documents that reflect or evidence that King Fuels’ claims are barred by discharge as
a result of Plaintiff s repudiation, as alleged in paragraph of Defendants’ Supplement
and Third Amended Answer, Affirmative Defenses and Counterclaim
Il documents that reflect or evidence that King Fuels’ claims are barred by discharge as
a result of Plaintiffs material breach, as alleged in paragraph of Defendants
Supplement and Third Amended Answer, Affirmative Defenses and Counterclaim
Il documents that reflect or evidence that King Fuels’ claims are barred by the doctrine
of unclean hands, as alleged in paragraph = of Defendants’ Supplement and Third.
Amended Answer, Affirmative Defenses and Counterclaim.
Il documents that reflect or evidence that King Fuels’ claims are barred by the doctrine
f disclaimer of reliance , as alleged in paragraph = of Defendants’ Supplement and.
Third Amended Answer, Affirmative Defenses and Counterclaim
Il documents that reflect or evidence the Prewitt Defendants are entitle to offset
Il documents that reflect damages incurred by any of the Prewitt Defendants that they
are seeking from King Fuels
Il documents that reflect damages incurred by any of the Prewitt Defendants that they
are seeking from aki Niazi
Exhibit 1
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2011-42744A / Court: 295 CAUSE NO. 2011-42744 ING FUELS, INC. IN THE DISTRICT COURT OF Plaintiff PREWITT PETROLEUM PRODUCTS, § INC.; RODNEY THOMPSON; STANLEY THOMPSON; CATAPULT § HARRIS COUNTY, TEXAS GROUP, INC.; MOHAMMAD A. CHAUDHRY; STEVE A. THOMPSON; § MENGHI ENTERPRISES, INC.; S.A. THOMPSON OIL CO., INC.; and § SULEMAN BHIMANI Defendants § 295 JUDICIAL DISTRICT PLAINTIFF KING FUELS, INC.’S_ECOND SET OF REQUESTS FOR PRODUCTION DEFENDANTS PREWITT PETROLEUM PRODUCTS, INC.; RODNEY THOMPSON; STANLEY THOMPSON; AND CATAPULT GROUP, INC. Defendants Prewitt Petroleum Products, Inc., Rodney Thompson, Stanley Thompson, and. Catapult Group, Inc., by and through their counsel of record, David Frishman, 5723 Highway Blvd., Katy, Texas 77494; via electronic service provider, ennil and/or facsimile. ow comes King Fuels, Inc., Plaintiff, serving this Second Set of Requests For Production to Prewitt Petroleum Products, Inc. (“Prewitt Petroleum’), Rodney Thompson, Stanley Thompson, and Catapult Group, Inc. (“Catapult”) (all of these Defendants sometimes collectively referred to herein as “Prewitt Defendants”) pursuant to Texas Rules of Civil Procedure 192 and 196 and requesting that Defendants Prewitt Petroleum Products, Inc., Rodney Thompson, Stanley Thompson, and Catapult Group, Inc., produce copies of, or permit Plaintiff to inspect, sample, test, photograph, and/or copy the designated documents, records, or tangible Page of Exhibit 1things which are in Defendants’ possession, custody, or control, or are available to you, or are in the possession, custody, or control of your agents, representatives, or attomeys. Unless otherwise noted in the Requests for Production, Plaintiff designates the manner of discovery to be by Defendants providing King Fuel Inc.’s attomey, Eddie M. Krenek, with a photocopy or duplicate of each of the designated documents, records, or tangible things in Defendants’ possession, custody, or control, or by making the designated items available for inspection, sampling, testing, photographing and/or copying at the office of Plaintiffs attomey, Eddie M. Krenek, at 21555 Provincial Blvd., Katy, Texas 77450 within 30 days after service of these Requests for Production. Pursuant to Iv __ 193.5, these Requests for Production are continuing in natur and require supplementation as soon as is practical, but in no event less than 30 days prior to the beginning of tral, and specifically include supplementation regarding expert witnesses, and expert witnesses’ reports, physical models, compilations of data, photographs or videos, and other materials that have been prepared by, relied upon, reviewed by, or used by an expert. Respectfully submitted, RENEK AW _ FFICES y: /s/ Eddie M. Krenek ddie M. Krenek krenek@kreneklaw.com Texas Bar No. 11724980 Tricia K. Thompson kthompson@kreneklaw.com Texas Bar No. 24031324 21555 Provincial Blvd. Katy, Texas 77450 Telephone: (281) 578-7711 Fax: (281) 578-8988 TORNEY S FOR KING FUELS, INC. Page of Exhibit 1RTIFICATE OF SERVICE he undersigned certifies that a true and correct copy of this pleading was forwarded to all counsel in this matter on this the 27 day of January, 2017 as follows: David Frishman Via Electronic Service Provider and/or 5723 Highway Blvd. via facsimile 281) 391-2148 and/or Katy, Texas 77494 via ennil: David. Frishman@DavidF rishmanLaw.com MarvinJ. Angle Via Electronic Service Provider and/or HE ORMAN AW IRM Via facsimile (908) 586-0524 and/or 215 E. Commerce via ennil: JoeAngle@nonmanlawiinnoom P.O. Box 1870 Jacksonville, Texas 75766 John F. Bary Via Electronic Service Provider and/or OHN ~~ ERRY PC. Via facsimile (908) 561-8922 and/or 100 Independence Place, Suite400 via ennil: jfbeny@suddenlinknnil.com Tyler, Texas 75703 raig M. Daugherty Via Electronic Service Provider and/or Beard & Harris a facsimile (908) 509-4908 and/or 100 Independence PI., Suite 101 via ennil: craig@beardandharris.com Tyler, Texas 75703-1327 Eddie M. Krenek ddie M. Krenek Page of Exhibit 1FINITIONS AND INSTRUCTIONS s used herein, the terms "you", "your', or "Defendant " shall mean Defendants Prewitt Petroleum Products, Inc., Rodney Thompson, Stanley Thompson, and/or Catapult Group, Inc. (hereinafter sometimes also referred to as “Prewitt Defendants” ), as well as any attomeys, agents, employees, and all other natural persons or business or legal entities acting, or purporting to act, for or on the behalf of Prewitt Petroleum Products, Inc., Rodney Thompson, Stanley Thompson, and Catapult Group, Inc., whether authorized to do so ornot. This definitio also includes Samuel J. Blustein and all attomeys representing the Prewitt Defendants at the fim of Hirsch & Westheimer, P.C.; David Frishman; and any and all other attomeys, brokers, agents or legal counsel that represented or acted in any way on behalf of the Prewitt Defendants conceming the assets and properties at issue in this case, as well as conceming any matters that relate to the Asset Purchase Agreement, the Amendment to Asset Purchase Agreement, and the Assignment of contracts referenced therein. s used herein, the terms “Prewitt Petroleum”, “Prewitt”, or “Prewitt Petroleum Products” shall mean Prewitt Petroleum Products, Inc., as well as any attomeys, agents, employees, and all other natural persons or business or legal entities acting, or purporting to act, for or on the behalf of Prewitt Petroleum Products, Inc., Rodney Thompson, Stanley Thompson, and Catapult Group, Inc., whether authorized to do so or not. This definition includes all such persons, agents and representatives referenced in the definition set forth in category “A” above. s used herein, the terms “Catapult” or “Catapult Group” shall mean Catapult Group, Inc., as well as any attomeys, agents, employees, and all other natural persons or business or legal entities acting, or purporting to act, for or on the behalf of Prewitt Petroleum Products, Inc., Rodney Thompson, Stanley Thompson, and Catapult Group, Inc., whether authorized to do so or not. This definition includes all such persons, agents and representatives referenced in the definition set forth in category “A” above. hen used herein “Plaintiff” or “King Fuels” means King Fuels, Inc. The terms Ennis store” and “Ennis location” and “Ennis facility” and “Ennis Shell store” as used herein shall mean the dealer/retail fuel distribution and sales facility and convenience store located at 100 N. Interstate Highway 45, Ennis, Texas 75119. s used herein, the term “Thompson Oil” shall mean S.A. Thompson Oil Co., Inc., Steve A. Thompson, Suleman Bhimani, and Saad Sheikh, as well as any attomeys, agents, employees, brokers, real estate representatives, and all other natural persons or business or legal entities acting, or purporting to act, for or on the behalf of S.A. Thompson Oil Co., Inc., Steve A. Thompson, Suleman Bhimani and Saad Sheikh, whether authorized to do so or not. s used herein, the terms “Menghi” and “Menghi Enterprises” and “Chaudhry” shall mean Menghi Enterprises, Inc., and Mohammad A. Chaudhry, as well as any attomeys, agents, employees, and all other natural persons or business or legal entities acting, or purporting to act, for or on the behalf of Menghi Enterprises, Inc., and/or Mohammad A. Chaudhry, whether authorized to do so or not. As used herein, the tem “Chaudhry” shall mean Mohammad A. Page of Exhibit 1Chaudhry, as well as any attomeys, agents, employees, and all other natural persons or business or legal entities acting, or purporting to act, for or on the behalf of Menghi Enterprises, Inc., and/or Mohammad A. Chaudhry, whether authorized to do so or not. s used herein, the term “Bhimani” shall mean Suleman Bhimani and S.A. Thompson Oil Co., Inc., as well as any attomeys, agents, employees, and all other natural persons or business or legal entities acting, or purporting to act, for or on the behalf of Suleman Bhimani and/or S.A. Thompson Oil Co., Inc., whether authorized to do so or not. hen used herein, the terms “incident” or “matters at issue” shall mean the causes of action alleged in Plaintiff's most recent petition. When used herein, the terms “the Agreement,” “APA,” “the Asset Purchase Agreement,” and “the Purchase Agreement” shall mean the Asset Purchase Agreement dated to be effective July 20, 2009, that includes (as part of the assets at issue) the Ennis location, store, business, assets and facility, as well as any and all fuel supply agreements and fuel supply rights relating to that location. When used herein, the terms “Amendment to Purchase Agreement” or “Amended Agreement” or “Amendment to Asset Purchase Agreement” “Amendment to APA” or “AAPA” shall mean that certain agreement executed on November 24, 2009, and that addresses and concems the Ennis location. he term “document” or “documents” shall mean all records, writings, correspondence, papers, books, treatises, publications, accounts, drawings, graphs, graphics, charts, movies, photographs, written or electronically recorded or compiled notes, test results, or memoranda, audio tape recordings, and video tape recordings of every kind, source, and authorship, both originals and all nonidentical copies thereof, together with all attachments and appendices, which are in your possession, custody, or control, or known by you to exist, imrespective of whether such was intended for or transmitted intemally by you, or intended for or transmitted to any other person or entity, including without limitation any govemment agency, department, administrative agency, or private entity or person. The tem shall include handwritten, typewritten, printed, photocopied, photographic, electronically recorded, or graphic matter. The term "document" or "documents" shall also include communications in words, symbols, pictures, audio recortings, films/movies, video tapes, CDroms, and all information stored in, or accessible through, computers or other electronic and optical information storage or retrieval systems, together with the codes and/or programming instructions and other materials necessary to understand and use such systems. Further, to the extent that the information requested hereinafter exists within a computer, computer retrieval system, computer recorded medium, or other electronically or optically recorded method you are requested to reduce the information to paper copy. Testifying Expert" means any expert who may testify, or is expected to, testify at trial, either in your case in chief or rebuttal, by deposition or live testimony. Consulting Expert" means any expert who has been informally consulted, retained, or specially employed by you, or by any other Defendant, in anticipation of litigation or preparation for trial or deposition, but who will not be called to testify, whose opinions and/or mental impressions, including any documents, tangible things, test results, factual observations, Page of Exhibit 1data, or work product containing such mental impressions and opinions, have been reviewed by a testifying expert. "Consulting Expert" does not include an expert who has been informally consulted, retained, or specially employed by you in anticipation of litigation or preparation for trial or deposition who will not be called to testify, whose opinions and/or mental impressions have nothbeen reviewed by a testifying expert. The tem "Person" shall include individuals, associations, partnerships, corporations, and any other type of entity or institution whether formed for business purposes or any other purposes. Tf any document which would be responsive to any Request For Production herein ‘was, but is no longer, in your possession or subject to your control, or is no longer in existence, identify each document, in the manner defined herein above, and by additionally stating: if itis missing or lost; or 2. if it has been destroyed; or 3. if it has been transferred voluntarily to others; or 4. it has been otherwise disposed of; and in each instance in which it has been destroyed, transferred, or disposed of: 1. explain the circumstances surrounding such disposition; and. identify the persons(s) directing or authorizing its destruction or transfer; and 3. the date(s) of such direction or authorization; and whether the document (or copies) are still in existence, and if so, identify the custodians(s) and its (or their) present locations(s). "Control" means within your possession, custody, or control and includes constructive possession as long as you, your attomeys, agents, or representatives, whether natural persons or business or legal entities, have possession, custody, or control or have superior right to compel production from any third party, whether natural persons or business or legal entities, and including any agency, authority, or representative. TIME PERIOD Unless otherwise indicated, the time period applicable to each request is from January 1, 2009, to the date of trial. If your answer is not true for this entire period, provide answers for each part of this period and indicate the dates to which each answer applies. Page of Exhibit 1REQUESTS FOR PRODUCTION Please read the Definitions preceding these Requests For Production and utilize those Definitions in your Responses. All documents that reflect or evidence correspondences and communications between the Prewitt Defendants and World Fuels, as well as any persons acting on behalf of Word. Fuels. All agreements between the Prewitt Defendants and Hirsch & Westheimer, P.C., as well as any attomeys with this law firm, which relate to any representation of the Prewitt Defendants from January 1, 2009 to the present. All organizational documents of Prewitt Petroleum, including the corporate minute book and all corporate minutes of meetings of the Prewitt Petroleum shareholders a directors, as well as all minutes or other writings of authorities provided to any person to act on behalf of Prewitt Petroleum, as well as all minutes or other writings of authorities for or approval of any actions or transactions from January 1, 2009, to the present. All organizational documents of Catapult Group, including the corporate minute book and all corporate minutes of meetings of the Catapult Group shareholders and directors, as well as all minutes or other writings of authorities provided to any person to act on behalf of Catapult Group, as well as all minutes or other writings of authorities for or approval of any actions or transactions from January 1, 2009, to the present. All invoices and billings (including timeslips and descriptions of legal work) reflecting legal work and legal representation of the Prewitt Defendants provided by Samuel J. Blustein and all attomeys representing the Prewitt Defendants at the firm of Hirsch & Westheimer, P.C., and which invoices/hillings/timeslips concemed the APA, the AAPA, the assets at issue in the APA, World Fuels, the Ennis property/location, King Fuels, or any claims or lawsuits conceming or relating to the matters at issue in this case. All invoices and billings (including timeslips and descriptions of legal work) reflecting legal work and legal representation of the Prewitt Defendants provided by Samuel J. Blustein and all attomeys representing the Prewitt Defendants at the firm of Hirsch & Westheimer, P.C., and which invoices/hillings/timeslips reflect work done for on behalf of the Prewitt Defendants from January 1, 2009 to the present. All invoices and billings (including timeslips and descriptions of legal work) reflecting legal work and legal representation of the Prewitt Defendants provided by David Frishman and all attomeys representing the Prewitt Defendants working in conjunction with David Frishman, and which invoices/hillings/timeslips concemed the APA, the AAPA, the assets at issue in the APA, World Fuels, the Ennis property/location, King Fuels, or any claims or lawsuits conceming or relating to the matters at issue in this case. Page of Exhibit 1All invoices and billings (including timeslips and descriptions of legal work) reflecting legal work and legal representation of the Prewitt Defendants provided by David Frishman and all attomeys representing the Prewitt Defendants working in conjunction. with David Frishman, and which invoices/hillings/timeslips reflect work done for on behalf of the Prewitt Defendants from January 1, 2009 to the present. All banking records of the Prewitt Defendants from January 1, 2009, through December All banking records of the Prewitt Defendants from January 1, 2008, through December All banking records of the Prewitt Defendants from January 1, 20012, through the present. All financial statements prepared by or on behalf of the Prewitt Defendants, or provided to any bank, financial institution, lender, fuel supplier, or other person or entity that concems the time period from January 1, 2008 to the present. All signed contracts and agreements between any of the Prewitt Defendants and any other Defendant or party in this case. All fuel supply agreements or other written agreements reflecting the terms for purchasing or selling fuel products that were used by, or that were signed by or on behalf of, any of the Prewitt Defendants, and which were applicable at any time from January 1, 2008, through December 31, 2012. All lease agreements between any of the Prewitt Defendants and Kim Cole or any entity with which he is or wes affiliated. All fuel supply agreements between any of the Prewitt Defendants and Kim Cole or any entity with which he is or was affiliated All emails, correspondences, agreements, contracts, or other written communications between the Prewitt Defendants and John Berry. All emails, correspondences, agreements, contracts, or other written communications between the Prewitt Defendants and any of the Defendants in this case. All documents that reflect or evidence all of the steps and actions taken by any of the Prewitt Defendants to ensure that the Ennis location continued to be operated as a Shell gas and service station, and which steps and actions occurred at any time from November 24, 2009, to the present. All documents that reflect or evidence all of the steps and actions taken by any of the Page of Exhibit 1Prewitt Defendants to ensure that King Fuels remained entitled to supply fuel to the Ennis location or the Ennis facility for a period of ten years beginning November 24, 2009, and. which steps and actions occurred at any time from November 24, 2009, to the present. All of the litigation files conceming Case No. 08-22407-CIV GRAHAM/TORRES, World Fuel Services, Inc. vs. Prewitt Petroleum Products, Inc. and B. Stanley Thompson, individually, and Rodney L. Thompson, Individually, in the United States District Court for the Southem District of Florida, and all documents referencing this case and the claims in this case All Security Agreements signed by, executed by, or applicable to any of the Prewitt Defendants, and which were signed, executed or in effect at any time from January 1, 2007, to the present. All correspondences and communications between any of the Prewitt Defendants and Menghi Enterprises, or anyone affiliated with this entity or acting on its behalf All correspondences and communications between any of the Prewitt Defendants and Mohammad Chaudhry, or anyone affiliated with him or acting on his behalf. All correspondences and communications between any of the Prewitt Defendants and S.A. Thompson Oil Company, or anyone affiliated with this entity or acting on its behalf. All documents reflecting or evidencing liens, claims, encumbrances, and litigation relating to the Ennis property. All documents reflecting or evidencing the terms of any resolutions of liens, claims, encumbrances and litigation relating to the Ennis property. All documents reflecting or evidencing payments made by or on behalf of any of the Prewitt Defendants to settle, resolve or otherwise extinguish any liens, claims, encumbrances and litigation relating to the Ennis property. All documents reflecting or evidencing payments made from funds escrowed as part of any transactions relating to the Ennis property, that were utilized to settle, resolve or otherwise extinguish any liens, claims, encumbrances and litigation on or relating to the Ennis property. All documents that were part of the closing transaction between any of the Prewitt Defendants and Menghi Enterprises conceming the Ennis property. All documents reflecting transfers of funds conceming the sale of the Ennis property by any of the Prewitt Defendants to any other Defendant or party in this case. All records of the money or payments received by any of the Prewitt Defendants from the Page of Exhibit 1tenants/lessees of the Ennis facility, and which related to the period from January 1, 2007, through December 31, 2012. The signed contract for deed conceming the Ennis property that Stanley Thompson testified about in his deposition. All documents reflecting payments made by any person or entity to any of the Prewitt Defendants conceming, relating to, or that was part of the contract for deed transaction. about which Stanley Thompson testified in his deposition. All records of money or payments received by any of the Prewitt Defendants for the sale of fuel products to the Ennis location. All documents that reflect contracts, agreements, correspondences and communications between any of the Prewitt Defendants and any other person or entity relating to the construction of improvements on the Ennis property. All documents that reflect or evidence payments made by any of the Prewitt Defendants to any other person or entity relating to the construction of improvements on the Ennis property. All documents that reflect payments made by Prewitt Petroleum to Stanley Thompson at any time from January 1, 2007 to the present, including banking records reflecting or All documents that reflect payments made by Prewitt Petroleum to Rodney Thompson at any time from January 1, 2007 to the present, including banking records reflecting or All documents that reflect payments made by atapult Group to Stanley Thompson at any time from January 1, 2007 to the present, including banking records reflecting or All documents that reflect payments made by atapult Group to Rodney Thompson at any time from January 1, 2007 to the present, including banking records reflecting or All documents that you contend reflects any damages that the Prewitt Defendants claim. to have incurred as a result of any actions or inactions on the part of Plaintiff All documents that reflect or evidence the basis for any claims or causes of action that you contend are based on any actions by Zaki Niazi. All documents on which you rely to support any claims or causes of action against Zaki Niazireflected in any of t he Prewitt Defendants pleadings Page of Exhibit 1All documents that reflect King Fuels’ claims are barred by express contract and the Doctrine of Merger. All documents that reflect King Fuels’ claims are barred by contractual disclaimer. All documents that reflect King Fuels’ claims are barred by estoppel. All documents that reflect King Fuels’ claims are barred bystatute of limitations All documents that reflect King Fuels’ claims are barred by “Plaintiff s fault’ as alleged in your pleadings. All documents that reflect King Fuels’ claims are barred bystatute of frauds All documents that reflect or evidence that King Fuels’ claims are barred by ratification. All documents that reflect King Fuels’ claims are barred by “Plaintiff s knowledge of falsityof the misrepresentations ” as alleged in your pleadings. All documents that reflect the misrepresentations to which the Prewitt Defendants refer conceming the affirmative defense asserted in paragraph 14 of Defendants’ Supplement and Third Amended Answer, Affirmative Defenses and Counterclaim. All documents that reflect or evidence that King Fuels’ claims are barred by privilege. All documents that reflect or evidence that King Fuels’ claims are barred by justification. All documents that reflect or evidence that King Fuels’ claims are barred by the doctrine of inability to perform. All documents that reflect or evidence that King Fuels’ claims are barred by Plaintiff failure to mitigate its damages, as alleged in paragraph 17 of Defendants’ Supplement and Third Amended Answer, Affirmative Defenses and Counterclaim. All documents that reflect or evidence that King Fuels’ claims are barred by the doctrine f influence of another s business policy, as alleged in paragraph 18 of Defendants’ Supplement and Third Amended Answer, Affirmative Defenses and Counterclaim. All documents that reflect or evidence that King Fuels’ claims are barred by Plaintiff’ lack of standing to sue, as alleged in paragraph 19 of Defendants’ Supplement and Third Amended Answer, Affirmative Defenses and Counterclaim. All documents that reflect or evidence that King Fuels’ claims are barred by Plaintiff repudiation, as alleged in paragraph = of Defendants’ Supplement and Third Amended. Page of Exhibit 1Answer, Affirmative Defenses and Counterclaim All documents that reflect or evidence that King Fuels’ claims are barred by revocation as alleged in paragraph = of Defendants’ Supplement and Third Amended Answer, Affirmative Defenses and Counterclaim All documents that reflect or evidence that King Fuels’ claims are barred by Plaintiff fraud, as alleged in paragraph of Defendants’ Supplement and Third Amended Answer, Affirmative Defenses and Counterclaim All documents that reflect or evidence that King Fuels’ claims are barred by mistake, as alleged in paragraph of Defendants’ Supplement and Third Amended Answer, Affirmative Defenses and Counterclaim All documents that reflect or evidence that King Fuels’ claims are barred by Plaintiff failure to perform conditions precedent, as alleged in paragraph of Defendants’ Supplement and Third Amended Answer, Affirmative Defenses and Counterclaim. All documents that reflect or evidence that King Fuels’ claims are barred mpossibility of performance, as alleged in paragraph of Defendants’ Supplement and Third Amended Answer, Affirmative Defenses and Counterclaim All documents in any contracts or agreements between any of the Prewitt Defendants and Plaintiff that you contend contain ambiguous terms or provisions. All documents that reflect or evidence that King Fuels’ claims are barred by accord and satisfaction, as alleged in paragraph = of Defendants’ Supplement and Third Amended. Answer, Affirmative Defenses and Counterclaim All documents that reflect or evidence that King Fuels’ claims are barred by novation, as alleged in paragraph 27 of Defendants’ Supplement and Third Amended Answer, Affirmative Defenses and Counterclaim All documents that reflect or evidence that King Fuels’ claims are baned by unconscionahbility, as alleged in paragraph = of Defendants’ Supplement and Third Amended Answer, Affirmative Defenses and Counterclaim. All documents that reflect or evidence that King Fuels’ claims are baned by modification, as alleged in paragraph 29 of Defendants’ Supplement and Third Amended. Answer, Affirmative Defenses and Counterclaim All documents that reflect or evidence that King Fuels’ claims are barred by ratification as alleged in paragraph = of Defendants’ Supplement and Third Amended Answer, Affirmative Defenses and Counterclaim Page of Exhibit 1Il documents that reflect or evidence that King Fuels’ claims are barred by waiver, as alleged in paragraph of Defendants’ Supplement and Third Amended Answer, Affirmative Defenses and Counterclaim Il documents that reflect or evidence that King Fuels’ claims are barred by discharge as a result of Plaintiff s repudiation, as alleged in paragraph of Defendants’ Supplement and Third Amended Answer, Affirmative Defenses and Counterclaim Il documents that reflect or evidence that King Fuels’ claims are barred by discharge as a result of Plaintiffs material breach, as alleged in paragraph of Defendants Supplement and Third Amended Answer, Affirmative Defenses and Counterclaim Il documents that reflect or evidence that King Fuels’ claims are barred by the doctrine of unclean hands, as alleged in paragraph = of Defendants’ Supplement and Third. Amended Answer, Affirmative Defenses and Counterclaim. Il documents that reflect or evidence that King Fuels’ claims are barred by the doctrine f disclaimer of reliance , as alleged in paragraph = of Defendants’ Supplement and. Third Amended Answer, Affirmative Defenses and Counterclaim Il documents that reflect or evidence the Prewitt Defendants are entitle to offset Il documents that reflect damages incurred by any of the Prewitt Defendants that they are seeking from King Fuels Il documents that reflect damages incurred by any of the Prewitt Defendants that they are seeking from aki Niazi Exhibit 1