Original Petition 09-05-08

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CauseNo. f iE i
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CMKM DIAMONDS,INC.,
PLAINTIFF
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$
$
$
$
$
$
VS.
CORRINEWARD, ERIC REID,
MARGARET REID, CAROLYN
CASAVANT,DALE CASAVANT,
RON CASAVANT,VICTOR CASAVANT
and MAX CASAVANT,
DEFENDANTS
IN THE DISTRI@TCOURT
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NO.
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SMITH COUNTY, TEXAS
PLAINTIFF'S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES CMKM
DIAMONDS, INC., (CMKM) hereinaftercalled Plaintiff,
complainingof and about CORRINE WARD, ERIC REID, MARGARET REID, CAROLYN
CASAVANT, DALE CASAVANT, RON CASAVANT, VICTOR CASAVANT and MAX
CASAVANT,
hereinafter called Defendants or Defendant if referred to individually, and for
causeof actionwould show unto the Court the followins:
DISCOVERYCONTROL PLAN LEVEL TWO
1.
Plaintiff
Pursuantto Rule 190.3,et seq.,of the TexasRulesof Civil Procedure,
seeksto conductdiscoverv in accordancewith this declaration.
PARTIES AND SERVICE
2.
Plaintiff is a corporation,existing under the laws of the Stateof Texas,and having
its principal place of businessand registeredoffice in Tyler, Smith County, Texas.
3.
Individual Defendants are residentsof Canada,and may be servedwith process
by deliveringa copy of this petition and the citationto him or her at his or her residencepursuant
to the Rules of Civil Procedureof the Stateof Texas,Rule 108a. Plaintiff also requeststhat these
Defendants be served by certified mail, return receipt requested. Additionally, these
Defendants should be servedby serving the Texas Secretaryof Statepursuantto CPRC Section
17.045with duplicatecopiesof process.
4.
Defendant Corinne Ward may be servedat her residenceat RR 5 Site 2l Box 62,
Prince Albert, Saskatchewan,Canada S6V5R.
5.
Defendant Eric Reid may be servedat his residenceat 1140 3'd St. East, Prince
Albert, Saskatchewan, CanadaS6V0J6.
6.
Defendant Margaret Reid may be served at her residenceat 1140 3'd St. East,
PrinceAlbert, Saskatchewan,
CanadaS6V0J6.
7.
Defendant Carolyn Casavantmay be servedat her residenceat 501 Cartwright
St.#41, Saskatoon,Saskatchewan, CanadaS7T I E L
8.
Defendant Dale Casavantmay be servedat his residenceat RR 5 Site 16, Prince
Albert, Saskatchewan,
CanadaS6VR3.
9.
Defendant Ron Casavantmay be servedat his residenceat Box22, RR 5 Site 16,
PrinceAlbert, Saskatchewan,
CanadaS6V5R3.
10.
Defendant Victor Casavant may be served at his residence at Box 2044,
Vegreville,AlbertaT9C1T3.
11.
Defendant Max Casavantmay be served at his residenceat 326 6th St. East,
PrinceAlbert, Saskatchewan,
CanadaS6V0N1.
JURISDICTION AND VENUE
12.
This court hasjurisdiction over the partiesbecausePlaintiff is a Texascorporation.
13.
Venue is proper in Smith County, Texas under Tex. Civ. Prac. & Rem. Code
Section15.002AND 15.006,becauseall or a part of Plaintiff s causesof action accruedin
Smith County,Texasand Plaintiff is domiciled in Smith County, Texas.
FACTS
14.
In2002, CMKM, via its predecessor
entities,accumulatedover 1,000,000acres
of mineral claims in and around Saskatchewan,
Canada. CMKM was formed to developthose
claims.
15.
CMKM began promoting the sale of its common stock through various means.
Shareholderswere told that promising kimberlite pipes had been discovered on the CMKM
mineral lands. Company managementissued press releasesstating that CMKM had acquired
other mineral properties including zinc claims, uranium prospects and a gold mine in South
America. Management circulated rumors that a major buyout of CMKM
was forthcoming
becauseof its huge diamond discoveriesand the skillful acquisitionsbeing made by company
management.
16.
Beginning tn 2002, various individuals including the Defendants were issued
largeblocks of CMKM common stock as a result of fraudulentand illegal activitiesby insiders
of the company. Urban Casavantwas the sole officer and directorof the companyat all relevant
times.
The Casavant Defendants are immediate family members or relatives of Urban
Casavant.The individuals named as personsreceivingthe shareseither sold such stock or now
maintain ownership of stock by virtue of having their names on CMKM stock certificates. It is
believedand therefore alleged that some individuals were never told that stock was issuedin
their nameand certain insiders forged their namesto documentswhich resulted in stock transfers
back to the insiders or their designates. Billions of such shares were then sold to the
public. Over $200 million in CMKM cornmonstockwas sold to the public.
unsuspecting
17.
The dilution carried out by theseinsiderswas massive. The companycurrently
has over 700 billion shares of issued and outstanding stock and minimal funds to operatethe
company. Ratherthan use the funds raisedthrough salesof the companycommon stock for the
benefit of the corporation,the insiders and promotersfunneled the money into their personal
bank accountsand trustsfor their personaluse,all to the detrimentof CMKM. This action seeks
to recoup a portion of the funds from certain individuals who have participated in the acquisition
and sale of CMKM stock without paying proper consideration.These illegal distributionsand
damagesto CMKM were not discovereduntil April of 2007 when new managementassumed
control of the company. The Defendants continueto maintain their control over the "ill gotten
gains"by assertingownershipof CMKM stockas set out in Exhibit "A".
18.
New managementfiled suit in April of 2007 immediatelyupon taking office. The
companybeganissuingsubpoenasfor bank recordswhich were not to be found in recordsturned
over to new management.The bank records obtained through these subpoenasand a thorough
examinationof recordsin the possessionof the transferagentrevealedthe massivefraud that had
occurred. The Defendants in this casewere all recipientsof various amountsof cash.checks
and CMKM
stock.
There are no company records of these Defendants providing any
meaningful servicesto CMKM nor having paid for the issuanceof CMKM stock.
19.
Two examples of the types of stock fraud which resulted in benefits to the
Defendants are as follows:
Ex. I
On March 2,2004, Urban Casavantpasseda board
resolution directing the issuanceof 50 billion sharesto various individuals and entities who
purportedly held "service contracts" with CMKM.
No "service contracts" have been located
after an exhaustive search of company records.
There is no evidence that the individuals
identified in this resolution performed any servicesfor CMKM.
Anita Cohen was named as an
individual who was to receive2 billion sharesfrom this distribution. Anita Cohen'snamewas
forged on an irrevocable stock power and such shareswere immediately transferredto Eric Reid
(brother-in-lawof CMKM
CEO Urban Casavant)who then deposited such sharesinto his
personaltrading account. Ex.2
Urban Casavantpasseda board resolutionon March 12,2004
directing that 20 billion sharesbe issuedto Dave Gutka. Dave Gutka died August 16,2003.
Dave Gutka's name was forged on various documentsresulting in the transfer of 20 billion
sharesto Eric Reid (Urban Casavant'sbrother-in-law),Victor Casavant(Via Com Holdings
owner and brother of Urban Casavant)and others. Eric Reid and Victor Casavantthen sold such
stocksandretainedthe proceedsto the detrimentof the Plaintiff.
20.
CMKM
has cooperated with law enforcement and securities regulators in an
ongoing investigation into the stock manipulation and dilution of CMKM.
CMKM's
investigationhas uncoveredforged stock powers among company recordswhich were used to
facilitate the transfer of securities into brokerage accounts controlled by third parties.
Defendants benefitted from the illegal efforts of the insiders and continue to maintain ownership
of CMKM stockwhich was illegally obtained.
21.
Billions of sharesof CMKM stock were obtainedfrom the companyand sold
through shell companiesset up for the sole purposeof launderingmoney receivedfrom illegal
stock sales. There are issued and outstanding certificates for billions of sharesthat were not
purchasednor legally acquiredfrom CMKM.
The above describedCMKM investigationhas
identified certain individuals, trusts and companieswho maintain ownership of sharesin CMKM
basedon the curent list of the official companytansfer agent. CMKM herebybringsthis action
to cancelsuch illegally obtained shares.
FIRST CAUSE OF ACTION
(Conversion against All Defendants)
22.
CMKM
realleges each and every allegation contained in the preceding
paragraphsof this Complaint and incorporatesthe sameherein as though set forth in full.
23.
CMKM owned or was entitled to possessionof all illegally issued stock and
millions of dollars in funds which were obtainedfrom the sale of securitiessince 2002. The
Defendantscontinueto maintainownershipof CMKM shares
24.
Defendants improperly exerciseddominion or assumedcontrol over thesefunds
and have appliedthe funds to their own personaluse,including use of the funds to purchasereal
property or transferringthe funds into their personalaccounts.
25.
As a direct and proximateresult of thejoint actionsof the Defendants,CMKM
has suffered damagesin a sum within the jurisdictional limits of the Court and for which this
lawsuitis brought.
SECOND CAUSE OF ACTION
(Constructive Trusts against All Defendants)
26.
CMKM
realleges each and every allegation contained in the preceding
paragraphsof this Complaint and incorporatesthe samehereinas though set forth in full.
27.
Improperactsby Defendants and otherthird partiesas set forth hereinresultedin
the receipt by Defendants of cash, stocks and other investments. CMKM requeststhat this
Court exerciseits equitablepowers and order that all assetsreceivedby Defendants from their
wrongful actsand the resultinginvestmentsfrom thoseassetsbe awardedto CMKM. All assets
receivedby Defendants through these illegal acts should be deemedheld for CMKM as the
resultof a constructivetrust.
28.
As a direct and proximate result of the actionsof the Defendants, CMKM has
suffereddamagesin a sum within the jurisdictional limits of the Court and for which this lawsuit is
brought.
THIRD CAUSE OF ACTION
(Unjust Enrichment)
29.
CMKM reallegeseachand everyallegationcontainedin the precedingparagraphs
of this Complaintand incorporatesthe samehereinas thoughset forth in full.
30.
Defendants enrichedthemselvesat the expenseof CMKM by their self-dealing
and engaging in opportunities belonging to the corporation. Additionally Defendants traded
billions of sharesof CMKM stock and were unjustly enrichedby the receipt of funds from the
saleof suchstock.
3l.
CMKM
was the rightful recipient of the funds that were taken by the
Defendants,and the unjust enrichmentof Defendantshas comeat CMKM's expense.
32.
Defendants should be made to disgorge all benefits derived from unjustly
owning, holding or disposingof CMKM stock or assets.Defendants should be madeto return
all funds they received directly from CMKM or as proceedsfrom the sale of CMKM stock or
otherassets.
33.
It would be contraryto the fundamentalprincipals of equity and justice to allow
Defendants to retain the benefit and use of CMKM's assetsor the fruits of illegally obtained
funds.
34.
As a direct and proximateresult of the joint actionsof the Defendants, CMKM
has suffered damagesin a sum within the jurisdictional limits of the Court and for which this
lawsuit is brought. As a fuither direct and proximate result of the actions of the Defendants,
CMKM has beenrequiredto retain attorneysto prosecutethis action and CMKM is entitledto
recoverattorneys'feesand costsofsuit,
FOURTH CAUSE OF ACTION
(cryIl,
35.
CMKM
CONSPTRAC])
realleges each and every allegation contained in the preceding
paragraphsof this Complaintand incorporatesthe samehereinas though set forth in full.
36.
The Defendants,with specificintent to defraud,agreedand performedovert acts
to accomplish an unlawful purpose through unlawful means. The individual Defendants
conspiredto commit stock fraud and securitiesviolations to the detriment of CMKM and its
shareholders.
37.
The Defendants agreedto performedovert acts in furtheranceof a conspiracy.
Defendants,with specific intent, committed overt acts to dilute CMKM
stock and to convert
fundsreceivedfrom the saleof CMKM commonstockto the oersonaluse of the Defendants
38.
As a direct and proximateresult of the joint actionsof the Defendants,CMKM
has suffered damagesin a sum within the jurisdictional limits of the Court and for which this
lawsuit is brought.
39.
As a fuither direct and proximate result of the actions of the Defendants,
CMKM has been required to retain attorneysto prosecutethis action and CMKM is entitled to
recoverattorneys'feesand costsofsuit.
FIFTH CAUSE OF ACTION
(STOCK CANCELLATION
40.
Plaintiff was formerly a Nevadacorporation. While a Nevadacorporation,over
700 billion sharesof companycommon stock were issued. A majority of the stock was issued
illegally to friends and relativesof Urban Casavant,the CEO of CMKM.
Financial records
show that many sharesof company stock were issued to individuals without their knowledge.
Somestock was issuedfor no consideration. Some stock was issuedfor unreasonablylow and
thus insufficient consideration. Plaintiff will show that Defendants either failed to pay proper
considerationfor their sharesor their shareswere obtainedthrough fraud and other illegal acts.
An ongoing shareholderaudit has identified the Defendants as individuals as individuals who
haveacquiredstock illegally or without paying lawful considerationfor suchshares.
41.
Plaintiff will further show that it has no adequateremedy at law to correctthe
unlawful issuanceof the certificates owned by the individual defendants. The relative position
of all CMKM shareholdershave been reducedand alteredby the addition of the sharesstill
remainingin the name of theseindividual Defendants. The financial standingof the Plaintiff
corporationdoesnot reflect a true picture of the assetsand capitalaccountsof Plaintiff as long as
the namedDefendants hold shareswhich were issuedfor no or insufficient consideration.
42.
Upon trial hereof, Plaintiff requeststhe Court to render its decree canceling
CMKM sharecertificatesset out in Exhibit "A".
DAMAGES
43.
As a direct and proximate result of the occurrencemadethe basisof this lawsuit, and
Defendants'actsas describedherein,Plaintiff was causedto suffer seriousand devastatingstock
dilution and hnancial losses. Exhibit "A" contains a surnmary of the losses occurring to the
Plaintiff. The volume of CMKM
stock representedin Exhibit "A" contains a summary of
outstandingsharesshown on certificatesissuedby the transferagentbelonging to the Defendants.
All amountsare basedon .0001 per sharefor illustrative purposes. Most stockswere tradedabove
.0001per share. Banking accountrecords,stock trading recordsand transferagentrecordsconfirm
that eachof the namedDefendants receivedat leastthe amountsset forth in Exhibit "A".
44.
As a direct and proximate result of the occuffencemade the basis of this lawsuit,
Plaintiff hasincurredthe following damages:
A. Financial lossesand stock dilution to the Plaintiff as set forth above
B. Attorneys' feesincurredby Plaintiff
45.
By reasonof the above,Plaintiff has sufferedlossesand damagesin a sum within
thejurisdictional limits of the Court and for which this lawsuit is brought.
EXEMPLARY DAMAGES
46.
Plaintiff
would further show that the acts and omissions of Defendants
complained of herein were committed with malice or reckless indifference to the rights of the
Plaintiff.
In order to punish said Defendants for engaging in unla*{ul business practices,
committing fraud and to deter such actions and/or omissions in the future, Plaintiff also seeks
recoveryfrom Defendants for punitive or exemplarydamages.
DISCOVERY
Pursuantto the Rule 194.3 of the Texas Rules of Civil Procedure,the Plaintiff has
attachedthe following as Exhibits "8" and "C" for serviceupon the Defendants along with this
Original Petitionand Citation to Appear:
Exhibit "B"
Plaintiff s Requestfor Disclosureto eachof the namedDefendants;
Exhibit "C"
Plaintiff s First Requestfor Production
PRAYER
WHEREFORE,
PREMISES CONSIDERED, Plaintiff
respectfully prays that the
Defendants be cited to appear and answer herein, and that upon a final hearing of the cause,
judgment be enteredfor the Plaintiff againstDefendants for damagesin an amount within the
jurisdictionallimits of the Court; and as allowedby Sec.4i.008, Chapter41, TexasCivil Practice
and RemediesCode; cancel all certificatesas requestedabove; award damagestogetherwith prejudgment interest at the maximum rate allowed by law; post-judgmentinterest at the legal rate,
costsof court; and such other and further relief to which the Plaintiff may be entitled at law or in
equity.
RespectfullySubmitted,
Bill Frizzell
Frrzzell Law Firm
602 S. Broadway
Tyler,Texas7570I
(903)s9s-192r
(903)595-4383
Fax
StateBarNo. 07484500
Attomey for Plaintiff
JURY DEMAND
COMES NOW the Plaintiff and demandsa trial by jury on the issuesin this causeand
respectfullyrequeststhat this casebe placed on the Jury Docket, and files herein the required
Jury Fee.
Exhibit66A))
A
1
Na m e
c
B
Money
CMKMStock
lssued
D
OtherStock
E
Cert(s)
He ld
r
Current
Position
2
2,117,600,000S3,ooo,ooo
- uscA
EricReid
8292
S267,ooo 21,000,000,000
MargaretReid
3,060,000,000
6826,6827
CarolynCasavant 54,816,1-52
3,000,000,000
uscA
6799,6780
53,000,000
DaleCasavant
5,000,000,000
7849,7850
5105,000
RonCasavant
13,090,000,000
7862,7863
s290,000
3 CorrineWard
4
5
6
7
8
9 VictorCasavant
10 MaxCasavant
1.1 DiamondQuality
De LaNorte
t 2 Trading,LTD
EletaBrunnelle
1.3 CommercialInc
,
FazaGee
t 4 Industrial,
lnc
_tJ
Feasibility
Studies
Internationa
I
Stqo,Ms
52o,ooo
1.1.270
6,000,000,000
6852,6853
6853,7908
2,499,999,999
4,339,000,000
s60s,6720
260,000,000
2,L02,1,40,00O
5607,6722
260,000,000
4,346,465,996
6723
160,000,000
s892
367,000,000
37,300,000,000
6,030,000,000
714,000,000
9,700,882,293
H un ti on
Tr a ding
17 Limited
2,331,033,600
L6
1,000,000,000
1,000,000,000
1,000,000,000
30,000,000
Moncom
LTD
t 6 Enterprises
TobianTrading
Limited
20,000,000
1",000,000,000
8,326,394,407
5613,58885891,,6728,
8851
'J,,026,251,,840
5610,6725
561,4,6729,
8849
260,000,000
5621,,6736
210,000,000
699,000,000
Kolba
19 Meadmakers,
Inc
JulesEngelhardt,
Z U lnc
2,099,500,000
6727
160,000,000
IndeEnterprises,
2 t IncTrust
1,527,000,000
56Lt,6726
260,000,000
22 HiagetGears,Inc
8,090,250,000
10s,000,000
2 3 FutolaAlloys,lnc
1,740,000,000
5609,48809
5618,6733,
7954
460,000,000
AgapSerene
Services,
Inc
6,659,000,000
5603,6718
260,000,000
ArumaMinine,Inc
2,070,000,000
5616,673r
210,000,000
z.+
950,000,000
A
B
c
D
E
F
2 6 Bazzaro
Gears,Inc
1,070,000,000
27 BermaGiorgio,Inc
3,756,168,000
5617,6732,
8640
48803, 48804
48805,48806
ElanFirst
2 8 Merchant
Limited
2,894,949,571
48807,48808
5606,6721
29 GiorgioMetals,lnc
2,080,000,000
Tree
Jasmine
3 0 Farms,Inc
1,070,000,000
5620,6735
210,000,000
LaJolla
Leathers,
3 1 l nc
32 OlesBooks,Inc
870,000,000
1.,070,000,000
5622,6737
5624,6739
210,000,000
210,000,000
950,000,000
5625,6740
2L0,000,000
1,070,000,000
56rr,6742
210,000,000
QuappleToffee,
33 lnc
SuerlanGezebos,
34 Inc
35 VifordTradinsLTD
5,242,272,3O8
36
37 TOTALS
- uscA
s6,238,297 L7L,666,596,L65 s6,000,000
6734
6730
370,000,000
30,000,000
271,560,000
210,000,000
l_60,000,000
13,338,811,839
E,xhibit 6(B))
CauseNo.
CMKM DIAMONDS,INC.,
PLAINTIFF
$
$
$
IN THE DISTRICT COURT
s
$
$
$
$
$
$
VS.
NO.
CORRINEWARD, ERIC REID,
MARGARET REID, CAROLYN
CASAVANT,DALE CASAVANT,
RON CASAVANT,VICTOR CASAVANT $
and MAX CASAVANT
$
s
DEFENDANTS
$
$
SMITH COUNTY. TEXAS
PLAINTIFF'S REOUEST FOR DISCLOSURE
TO:
Corrine Ward, Eric Reid, Margaret Reid, Carolyn Casavant, Ron Casavant, Victor
Casavantand Max Casavant
Pursuantto Rule 194 of the Texas Rules of Civil Procedure,you are requestedto disclose,
within 50 days of serviceof this request,the information or material as set forth below in Exhibit
.,Brr.
The disclosuresmust be signed in accordancewith Texas Rules of Civil Procedure,Rule
191.3, and delivered to the undersignedattorney. If you fail to comply with the requirements
above, the Court may order sanctionsagainstyou in accordancewith the Texas Rules of Civil
Procedure.
Respectfully submitted,
By:
Bill Frizzell
Fnzzell Law Firm
TexasBarNo. 07484500
602S.Broadway
Tyler,Texas75701
Tel.(903)595-1921
Fax(903)595-4383
ATTORNEYFORPLAINTIFF
CMKM Diamonds,
[nc.
EXIIIBIT "B'
REQUESTSFOR DISCLOSURE
1.
R . 1 9 4 .2 (a ).:
Statethe conectnamesof thepartiesto the lawsuit.
2.
R.194.2(b).:
andtelephone
Statethenarne,address,
numberof anypotentialparties.
3.
R.194.2(c).:
Statethe legal theoriesand, in general,the factual basesfor your claims or defenses.
4.
R.194.2(d).:
Statetheamountandanymethodof calculatingeconomicdamages.
s.
R .1 94.2(e).:
State the narne, address,and telephonenumber of personshaving knowledge of
relevantfacts,and a brief statementof eachidentified person'sconnectionwith the case.
6,
R.194.2(9).:
asdescribed
in Rule 192.3(t).
Produceanyindemnityandinsuringagreements
7.
R.194.2(h).:
Produceany settlementagreementsas describedin Rule 192.3(9).
8.
R . 1 9 4 .2 (i ).:
Produce
anywitnessstatements
asdescribed
in Rule 192.3(h),
9.
R.194.20).:
Producethe name, address,and telephonenumber of any person who may be
designated
as a responsiblethird paffy.
Exhibit KC))
CauseNo.
CMKM DIAMONDS,INC.,
PLAINTIFF
VS.
$
$
$
$
$
$
$
IN THE DISTRICT COURT
NO.
s
CORRINEWARD, ERIC REID,
MARGARET REID, CAROLYN
CASAVANT,DALE CASAVANT,
RON CASAVANT,VICTOR CASAVANT
and MAX CASAVANT
$
$
$
DEFENDANTS
s
s
$
$
SMITH COUNTY. TEXAS
PLAINTIFF'S FIRST REQI]EST FOR PRODUCTION
TO:
Corrine Ward, Eric Reid, Margaret Reid, Carolyn Casavant, Ron Casavant,Victor
Casavantand Max Casavant
Pleasetake notice that requestis herebymadeby CMKM Diamonds,lnc., pursuantto Rule
196 of the Texas Rules of Civil Procedure,that Defendantsproduce or permit the undersigned
attorney,Bill Frizzell, to inspectand copy or reproducethe items hereinafterdesignatedon Exhibit
"C" attachedhereto.
Within 51 days after serviceof theseFirst Requestfor Production,you must servea written
responseto the undersignedattorneyat 602 S. Broadway,Tyler, Texas 75701, including the items
requestedor statingwith respectto eachrequestthat an inspectionand copying or reproductionwill
be permittedas requested.
In the event a requestis objectedto, pleasespecificallystate(a) the legal or factual basisfor
the objection,and (b) the extent to which you refuseto comply with the request. Pursuantto Rule
193.2(b) of the TexasRules of Civil Procedure,a party must comply with as much of the requestto
which the party hasmadeno objectionunlessit is unreasonable
underthe circumstances
to do so
beforeobtaininga nrling on the objection.
Respectfullysubmitted,
By:
Bill Frizzell
FizznlllawFirm
TexasBarNo. 07484500
602S.Broadway
Tyler,Texas 75701
Tel.(903)s95-r921
Fax(903)595-4383
ATTORNEY FORPLAINTIFF
CMKM Diamonds,[nc.
DEF'INITIONS AND INSTRUCTIONS
l.
As used herein, the terms "you" and "your" shall mean Corrine Ward, Eric Reid,
MargaretReid, Carolyn Casavant,Ron Casavant,Dale Casavant,Victor Casavant,Max Casavantor
Vince Ma".rei and all attomeys,agents,and other naturalpersonsor businessor legal entitiesacting
or purportingto act for or on behalf of eachof them.
2.
As used herein, the term "documents"shall mean all writings of every kind, source
and authorship,both originals and all non-identicalcopies thereof, in your possession,custody,or
control, or known by you to exist, inespective of whether the writing is one intended for or
transmittedinternally by you, or intendedfor or transmittedto any other personor entity, including
without limitation any govemment agency,department,administrative,or private entity or person.
The term shall include handwritten,typewritten, printed, photocopied,photographic,or recorded
matter. It shall include communicationsin words, symbols,pictures,soundrecordings,films, tapes,
and information storedin, or accessiblethrough, computeror other information storageor retrieval
systems,togetherwith the codesand/or programminginstructionsand other materialsnecessaryto
understandand use such systems. For purposesof illustration and not limitation, the term shall
include: affidavits; agendas;agreements;analyses;announcements;bills, statements,and other
recordsof obligations and expenditures;books; brochures;bulletins; calendars;canceledchecks,
vouchers,receiptsand other records of payments;charts, drawings; check registers;checkbooks;
circulars; collateral files and contents; contracts; corporate bylaws; corporate charters;
correspondence;
credit files and contents;deedsoftrust; depositslips; diaries,drafts; files; guaranty
agreements;instructions;invoices; ledgers,joumals, balancesheets,profit and loss statements,and
other sourcesof financial data; letters; logs, notes, or memorandaof telephonic or face-to-face
conversations;manuals;memorandaof all kinds, to and from any persons,agencies,or entities;
minutes;minute books; notes; notices;parts lists; papers;pressreleases;printed matter (including
books, articles, speeches, and newspaper clippings); purchase orders; records; records of
administrative,technical,and financial actionstaken or recommended;reports;safetydepositboxes
and contentsand recordsof entry; schedules;securityagreements;specifications;statementof bank
accounts; statements, interviews; stock transfer ledger; technical and engineering reports,
evaluations,advice, recommendations,
commentaries,conclusions,studies,test plans, manuals,
procedures,data, reports, results, and conclusions; summaries, notes, and other records and
recordingsof any conferences,meetings,visits, statements,interviews or telephoneconversations;
telegrams;teletlpes and other communicationssent or received; transcripts of testimony; UCC
instruments;work papers;and all other writings, the contentsof which relate to, discuss,consider,
or otherwiserefer to the subjectmatter of the particulardiscoveryrequested.
3.
In accordance
with Tex. R. Civ. P. Rule 192.7,a documentis deemedto be in your
possession,custodyor control ifyou either have physical possessionofthe item or have a right to
possessionof the item that is equalor superiorto the personwho hasphysical control of the item.
4.
Any and all dataor information, which is in electronicor magneticform, shouldbe
producedin a reasonablemanner.
TIME PERIOD
Unless specifically statedin a requestfor production of documents,all information herein
requestedis for the entire time period from January1, 2001, through the date of productionof
documentsrequested
herein.
EXHIBIT "C"
1.
All bank statementsfrom the banks in which you depositedfunds from the sale of
CMKM stock in 2003,2004,2005,2006,2007 and 2008 including copiesof all
checks,wires and deposits
2.
Any trust agreementsin which you are either a grantor, trustot, trustee or beneficiary
since 2002, This includes,but is not limited to, the Sally Wind Trusts 1,2,3 and 4
and the CEC 2005 IrrevocableTrust
3.
Any deeds,real estatecontracts,leasesor other documentationwhich would provide
eviienceofany purchaseor acquisitionofreal estateby you since2002'
Any brokerage account statementsfrom any brokerage firms which were used by
you since2002
A
a.
5,
Any "service contracts"or other documentswhich evidencepaymentof any money
entities
by you to CMKM Diamonds,lnc. or its predecessor
6.
Any documentationwhich evidencesany services you renderedto the company
which would entitle you to sharesof CMKM common stock
7.
Copies of any CMKM Diamonds Inc. stock certificates in your possessionor
claimedto be ownedby you.
8.
Any documentsevidencing investmentsof any kind such as real estate,annuities,
private or public stocks,oi *y other type of investmentmade by you from funds
receivedthe saleof CMKM Diamonds,Inc. stock
9.
Any documents pertaining to the purchase or sale of 501 Cafiwright St'#41,
Canada
Saskatoon,Saskatchewan,
10.
the
All documentsevidencing depositsinto the Sally Wind 1,2,3 &' 4 Trusts and
CEC 2005 IrrevocableTrust