notice of deposition filed by key creditors

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IN THE UNITED STATES BANKRUPTCY COURT

FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

In re: §

§ Case No. 13-30466 IMPERIAL PETROLEUM RECOVERY §

§ Chapter 11 CORPORATION, §

§ Debtor. §

NOTICE OF DEPOSITION OF IMPERIAL PETROLEUM RECOVERY

CORPORATION CORPORATE PURSUANT TO RULE 2004 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE AND REQUEST FOR PRODUCTION OF

DOCUMENTS

Please take notice that pursuant to Federal Rule of Bankruptcy Procedure 2004, Creditors

DON B. CARMICHAEL, KK&PK FAMILY LP, BARRY D. WINSTON AND GARY

EMMOTT will take the continued deposition upon oral examination of following listed persons

in the above-styled and numbered action, on the dates, and at the times, listed below before a

duly authorized court reporter for purposes of giving testimony:

Name: Date: Time:

IMPERIAL PETROLEUM RECOVERY CORPORATION (“IPRC”) by and through the Designated Representative of IPRC as its Custodian of Records of IPRC At: Offices of Leonard H. Simon, Esq. The Riviana Bldg. 2777 Allen Parkway, Suite 800 Houston, Texas 77019 To be taken on: October 9, 2013 beginning at 9:30 a.m. The deposition is requested for purposes of all matters permitted pursuant to Rule 2004, Federal

Rules of Bankruptcy Procedure, including but not limited to, financial records of IPRC, income,

assets and expenses of IPRC, during the two years prior to April 4, 2013, liabilities of IPRC,

business of IPRC, including but not limited to the IPRC Plan and Disclosure (ECF Document

Case 13-30466 Document 148 Filed in TXSB on 09/26/13 of 10

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No. 129) and all statements therein, any contracts, sales, or business of IPRC, current

organization of IPRC and employees and contractors of IPRC, tax filings and failure to file

income tax returns, controlling person liability of IPRC President Alan Springer for directing

IPRC’s failure to withold federal taxes on salary, compensation and income paid by IRPC to

Alan Springer, SEC filings and failure to disclose financial condition of IPRC in SEC filings,

failure to disclose failure to file income tax returns in SEC filings, payment of all forms of

consideration to insiders of IPRC, the administration and conduct of IPRC and its officers, and

all matters relating to the subject matter of the documents requested herein. The Deponent is

further commanded to produce by Friday, October 4, 2013, at 9:00 a.m. at the offices of counsel

for IPRC, Leonard H. Simon, Esq., The Riviana Bldg., 2777 Allen Parkway, Suite 800, Houston,

Texas 77019, the documents described in Exhibit “A” to this Notice of 2004 Examinaton and

Subpoena Duces Tecum for inspection and copying. The Deponent is further commanded to

produce by July 15, 2013, at 9:00 a.m. at the offices of counsel for IPRC, Leonard H. Simon,

Esq., The Riviana Bldg., 2777 Allen Parkway, Suite 800, Houston, Texas 77019, all of the

documents described in Exhibit “A” to this Notice of 2004 Examinaton and Subpoena Duces

Tecum for inspection and copying, excepting documents previously produced by IPRC included

in the Documents Bates Labeled IPRC (7/6) 0001 through 00329; IPRC (7/8) 00330 through

00360; and IPRC (7/15) 00361 through 01642.

The deposition will continue from day to day until completed. You are invited to attend

and cross-examine the witness.

DATED: September 26, 2013.


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Respectfully submitted,

/s/ John J. Marek John J. Marek

State Bar No. 12975650 SD Tex. No. 11147

15851 Dallas Parkway, Suite 600 Addison, Texas 75001-6016

Telephone: 214 965-9393 Telecopier: 1 (888) 887-6427 COUNSEL FOR DON B. CARMICHAEL, MARY JANE CARMICHAEL, KK&PK FAMILY LP, BARRY D. WINSTON AND GARY EMMOTT

Local Counsel: Karen R. Emmott State Bar No. 16757900 4615 Southwest Freeway, Suite 500 Houston, Texas 77027 Telephone: (713) 739-0008 Telecopier: (713) 481-6262


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CERTIFICATE OF SERVICE

I hereby certify that on this 26th day of September, 2013 a true and correct copy of the

foregoing Notice was served via the U.S. Postal Service, regular first class mail, postage prepaid, and/or via electronic notice to the parties listed below and to all registered ECF users. Debtor ’s Attorney: Leonard H. Simon The Riviana Building 2777 Allen Parkway, Ste 800 Houston, Texas 77019 Via ECF Debtor ’s Attorney: William Kyle Vaughn The Riviana Building 2777Allen Parkway, Ste 800 Houston, TX 77019 Via ECF US Trustee: Christine March Office of U.S. Trustee 5151 Rusk Avenue, Ste. 3516 Houston, Texas 77002 Via ECF Attorney for Agribiofuels, LLC: John F. Chapton, Jr. Jeremy J. Sanders Gwyneth A. Campbell Two Riverway, Ste 1500 Houston, TX 77056 Via ECF Attorney for Aldine ISD: Courteney F. Harris 14910 Aldine-Westfield Road Houston, TX 77032 Via ECF Attorney for SEC: Sonia Chae Securities and Exchange Commission


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175 West Jackson Blvd. Suite 900 Chicago, Illinois 60604 Via regular US mail Attorney for Greens Parkway Municipal Utility District: Carl O. Sandin Via ECF Attorney for Harris County: Tara L. Grundemeir Linebarger Goggan PO Box 3064 Houston, TX 77253 Via ECF

/s/ John J. Marek

John J. Marek


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EXHIBIT “A” TO SUBPOENA DUCES TECUM DIRECTED TO IMPERIAL PETROLEUM RECOVERY CORPORATION

Pursuant to Rule 2004, and Rule 9016, of the Federal Civil Rules of Procedure,

IMPERIAL PETROLEUM RECOVERY CORPORATION shall produce all requested

documents and any written responses and objections to these discovery requests at the date and

time specified in the foregoing Subpoena. IMPERIAL PETROLEUM RECOVERY

CORPORATION is under an affirmative duty to supplement its production and responses to all

discovery requests with information that Debtor may acquire after serving its production and

responses if Debtor learns that in some material respect the documents or information disclosed

is incomplete or incorrect:

A. DEFINITIONS

1. The term “IPRC” refers to IMPERIAL PETROLEUM RECOVERY

CORPORATION and its divisions, subsidiaries, affiliates, merged or acquired predecessors, its

present and former officers, executives, directors, agents, employees, and all other persons,

including counsel, acting or purporting to act on its behalf.

2. The word “person” means any individual, partnership, firm, association,

corporation or other legal or business entity.

3. The term “subsidiary” refers to any company of which a person or company owns

or controls, or owned or controlled, directly or indirectly (e.g., through another company or

companies), fifty percent (50%) or more of the outstanding securities, or over which it has or had

power to exercise control although owning or controlling less than 50% of the securities.


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4. The term “affiliate” refers to any company of which a person or company owns or

controls, or owned or controlled, directly or indirectly (e.g., through another company or

companies), over ten percent (10%) of the securities of the company.

5. The names "DON CARMICHAEL, MARY JANE CARMICHAEL, K. K. & P.

K., FAMILY L.P., BARRY WINSTON AND GARY EMMOTT” refer to and are intended to

include the individual Creditors in the above styled and numbered case and each of their current

and former agents, employees, attorneys and representatives, and any other person or entity

presently or formerly acting or purporting to act at their request or on their behalf.

6. The terms “document” and “documents” shall be used in their broadest sense and

shall mean and include all written, printed, typed, recorded or graphic matter of every kind and

description, both originals and copies and all attachments and appendices thereto.

7. The terms “document” and “documents” also include copies of documents upon

which notations or writing appear that are not present on the originals or other copies including

drafts of such documents. A document is deemed to be in a person's custody if they have

possession of the document or have the right to secure such document from another person

having possession thereof.

B. DOCUMENTS TO BE PRODUCED

The following described documents are to be produced at the date and time specified in

the foregoing Notice of Deposition Subpoena Duces Tecum:

1. Copies of all documents evidencing the decision of IPRC President and insider

Alan Springer to not disclose in filings with the United States Securities & Exchange

Commission that IPRC never filed any Federal tax returns for each of the years involved in

IPRC’s SEC filings.


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2. Copies of all documents evidencing the decision of IPRC President, insider and

controlling person Alan Springer to direct IPRC to not comply with Federal taxation salary,

income and compensation withholding and reporting requirements with respect to the salary,

income and compensation of Alan Springer during all periods IPRC was required to meet

reporting and disclosure requirements of the United States Securities & Exchange Commission.

3. Copies of all documents evidencing the decision of IPRC President, insider and

controlling person Alan Springer to direct IPRC to not report in filings with the Securities &

Exchange Commission IPRC’s failure to comply with Federal taxation salary, income and

compensation withholding and reporting requirements with respect to the salary, income and

compensation of Alan Springer during all periods IPRC was required to meet reporting and

disclosure requirements of the United States Securities & Exchange Commission.

4. Copies of all correspondence, including, but not limited to, emails, of IPRC which

relate to, reflect or concern the audit trail of emails maintained by Alan Springer, referenced in

the second full paragraph of page 17 of the Plan filed by IPRC (ECF Document No. 129).

5. Copies of all audit records of Karlins & Ramey, CPA prepared for IPRC,

referenced in the pre-petition financial information on page 18 of the Plan filed by IPRC (ECF

Document No. 129).

6. All documents which support the allegation that “IPRC was unable to repay the

notes due to the tortious and fraudulent conduct of the Carmichaels, Winston, KK&PK and

Edward C. Gianne” as referenced on page 21 of the Plan filed by IPRC (ECF Document No.

129).

7. All documents which support the allegation that “the wrongful conduct was all

part of an attempt by these parties to sieze all of IPRC’s extraordinarily valuable assets,


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particularly IPRC’s technology, patents and other intangible rights” as referenced on page 21 of

the Plan filed by IPRC (ECF Document No. 129).

8. All documents which IPRC claims support the allegation that persons “engaged in

a conspiracy to harm IPRC by disabling its ability to raise investor funds by providing false

information to its auditors for its filings with the United States Securities and Exchange

Commission” as referenced on page 22 of the Plan filed by IPRC (ECF Document No. 129).

9. All documents which IPRC claims support the allegation that “critical supplies,

for which IPRC had paid, to disappear from IPRC’s inventory and reappear within the inventory

of ABF” as referenced on page 23 of the Plan filed by IPRC (ECF Document No. 129).

10. All documents which identify any and all of the supplies made the basis of

IPRC’s claim that “critical supplies, for which IPRC had paid, to disappear from IPRC’s

inventory and reappear within the inventory of ABF” as referenced on page 23 of the Plan filed

by IPRC (ECF Document No. 129).

11. All documents prepared by any expert witness, or person whom you plan to call

as a witness in this Bankruptcy case, that relate, mention or pertain to the value of the property,

both tangible and intangible, and improvements owned by IMPERIAL PETROLEUM

RECOVERY CORPORATION.

12. All documents that evidence, reflect or set forth any opinion of IMPERIAL

PETROLEUM RECOVERY CORPORATION concerning the value of the property, both

tangible and intangible, and improvements owned by IMPERIAL PETROLEUM RECOVERY

CORPORATION, which have not been produced by IPRC.

13. All documents that evidence, support and back-up the value of the property, both

tangible and intangible, and improvements owned by IMPERIAL PETROLEUM RECOVERY


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CORPORATION, which have not been produced by IPRC.

14. All work papers that evidence, support and back-up the value of the property,

both tangible and intangible, and improvements owned by IMPERIAL PETROLEUM

RECOVERY CORPORATION, which have not been produced by IPRC.

15. All documents upon which IMPERIAL PETROLEUM RECOVERY

CORPORATION bases any opinion of the value of the property, both tangible and intangible,

and improvements owned by IMPERIAL PETROLEUM RECOVERY CORPORATION, which

have not been produced by IPRC.

16. All contracts, letters of intent, memoranda of understanding or any other

agreement in effect between IPRC and any person who IPRC identifies in paragraphs 1, 2, 3, 4

and 5 as set out on pages 23, 24 and 25 of the Plan filed by IPRC (ECF Document No. 129).
