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Petrojebla v. Betron Enterprises, Inc.

United States District Court, E.D. Michigan, Northern Division

January 8, 2020

PETROJEBLA, SA de C.V., Plaintiff,
v.
BETRON ENTERPRISES, INC., BETRON LP GAS, INC., RICHARD E. BETRON, JR., Defendants.

          ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR RECONSIDERATION

          THOMAS L. LUDINGTON United States District Judge

         Plaintiff PetroJebla, SA de C.V. (“PetroJebla”) is a Mexican corporation with its principal place of business in Mexico City, Mexico.[1] ECF No. 1. at PageID.2. On May 16, 2019, PetroJebla filed a complaint against three defendants: Betron Enterprises, Inc. (“BEI”), Betron LP Gas, Inc. (“BLPG”), and Richard E. Betron (“Mr. Betron”).

         According to PetroJebla's complaint, BEI and BLPG are Michigan corporations with their principal places of business in Twining, Michigan. Id. at PageID.3. PetroJebla's complaint does not furnish any other information regarding the corporations besides the fact that PetroJebla entered into a contract with BEI in which BEI agreed to sell PetroJebla specific quantities of liquid propane gas. The Complaint also alleges that Defendant Richard E. Betron is the “sole principal” of BEI and BLPG and that he resides in Twining, Michigan. Id.

         Summons were issued for BEI, BLPG, and Mr. Betron. ECF Nos. 2, 3, 4. A week later, three separate certificates of service were returned executed respectively for BEI, BLPG, and Mr. Betron. ECF Nos. 7, 8, 9.

         I.

         A.

         PetroJebla alleges that it “entered into a contract for the purchase of liquid propane gas, purportedly from ‘BETRON ENTERPRISE.'” ECF No. 1 at PageID.3. The contract provides in its entirety:

TO: GRUPO JEBLA, SA de CV. June 28, 2017 Eduardo Cardenas
FROM: BETRON ENTERPRISE Richard E. Betron President 3303 West River Road Sanford Michigan 48657 USA

         Full corporate offer to sell/purchase HD propane distillate for 9 months, July 2017 through April 2018 with rolls and extensions

         Origin: Houston, 50 rail car loads 30, 500 gallons each Our refinery is offering the following:

• Product: HD-5 Propane
• Quantity: 50 tank cars per month
• Volume: 1, 525, 000 gallons per month total
• Delivery period: Monthly quantity basis, weekly delivery
• Price: Mont Belvieu non tet $.09 cents. This Price includes the railroad Freight price up to Estation Ramirez, Matamoros, Mexico
• Pricing period: July 2017 through 2018
• Vessel acceptance: Vessel to be first class bulk rail cars
A. Rail cars delivery to Matamoros, Mexico
B. Rail cars proceed-customs & delivery to certified terminal (storage) facility in Matamoros, Mexico
C. PetroJebla will only pay for the fee for the Texas forwarding agency, the Mexican Customs broker and all corresponding Mexican customs duties.
D. PETROJEBLA SA DE CV has 7 days to unload each railcar once places it at the Matamoros facilities. After that, the ...

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