4851-2811-8803.1SHANE D. HILLMAN (8194)NICOLE G. FARRELL...

4851-2811-8803.1
SHANE D. HILLMAN (8194)
NICOLE G. FARRELL (10130)
Parsons Behle & Latimer
One Utah Center
201 South Main Street, Suite 1800
Salt Lake City, UT 84111
Telephone: (801) 532-1234
Facsimile: (801) 536-6111
[email protected]
[email protected]
[email protected]
Attorneys for Marion Energy Ltd.
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION
IOWA TANKLINES, INC., a Nevada
corporation,
Plaintiff,
vs.
OEL OPERATING (USA), INC., a Texas
corporation, and MARION ENERGY, INC.,
a Texas corporation, MARION ENERGY
LIMITED, an Australian corporation,
JEFFREY CLARKE, an individual, KAREL
LOUMAN, an individual, KERI CLARKE,
an individual, JOHN DOES I-X,
Defendants.
Case No. 2:12-cv-00006-DS
DECLARATION OF KAREL LOUMAN IN
SUPPORT OF DEFENDANT MARION
ENERGY LTD.’S MOTION TO DISMISS
Judge David Sam

I, Karel Louman, hereby state and declare under penalty of perjury as follows:
1 Pursuant to United States Code section 1746, when “any matter is required or permitted to be
supported, evidenced, established, or proved by the sworn declaration, verification, certificate,
statement, oath, or affidavit, in writing of the person making the same . . . such matter may, with
like force and effect, be supported, evidenced established, or proved by the unsworn declaration,

1. I am a United States citizen, over the age of eighteen (18) years. I have personal
knowledge of the facts set forth in this declaration and if called, could testify competently
thereto.
2. I am the Chief Financial Officer for defendant Marion Energy Ltd.
3. Marion Energy Ltd. is an Australian company, which is traded on the Australian
Securities Exchange and strictly regulated by the Australian Securities and Investment
Commission.
4. Marion Energy Ltd. has, at all times, complied with corporate governance
requirements as may be instituted and regulated by Australian laws and regulations.
5. Marion Energy Inc. and OEL Operating (USA), Inc. are wholly owned
subsidiaries of Marion Energy Ltd.
6. Marion Energy Inc. and OEL Operating (USA), Inc. are each incorporated and
headquartered in the State of Texas.
7. Apart from its ownership of Marion Energy Inc. and OEL Operating (USA), Inc.,
Marion Energy Ltd. has no contacts with the United States of America, much less the State of
Utah.
8. Marion Energy Ltd. is not, and has never been, involved in the day-to-day
operations of Marion Energy Inc. and/or OEL Operating (USA), Inc.
9. Marion Energy Ltd. has never executed any guarantee on behalf of, Marion
Energy Inc. or OEL Operating (USA), Inc.
certificate, verification or statement, in writing of such person. . . .” 28 U.S.C. § 1746.
Therefore, this Declaration has the same “force and effect” as an affidavit.

10. To my knowledge, Marion Energy Ltd. is under no obligation, legal or otherwise,
to satisfy any debt or obligation owed by either Marion Energy Inc. or OEL Operating (USA),
Inc.
11. Marion Energy, Ltd. does not have, and never has had, the ability to withdraw
funds from any bank account owned or maintained by Marion Energy Inc. or OEL Operating
(USA), Inc., all of which have been located in the State of Texas.
I declare under penalty of perjury that the foregoing is true and correct.
DATED this 10th day of April 2013.
KAREL LOUMAN