United States District Court, E.D. Michigan, Northern Division
ORDER GRANTING IN PART AND DENYING IN PART
DEFENDANTS' MOTION FOR RECONSIDERATION
L. LUDINGTON United States District Judge
PetroJebla, SA de C.V. (“PetroJebla”) is a
Mexican corporation with its principal place of business in
Mexico City, Mexico. 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.
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.
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.
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
corporate offer to sell/purchase HD propane distillate for 9
months, July 2017 through April 2018 with rolls and
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
• Price: Mont Belvieu non tet $.09 cents. This Price
includes the railroad Freight price up to Estation Ramirez,
• Pricing period: July 2017 through 2018
• Vessel acceptance: Vessel to be first class bulk rail
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