Jem D International (Michigan), Inc. v. JJD Produce, LLC

Background 26 On March 22, 2022, Plaintiff Jem D International (Michigan) Inc. (“Plaintiff” or 27 “Jem D”) filed a complaint against Defendants JJP Produce LLC (“JJP Produce”), JB 28 Resources LLC (“JB Resources”), Joel Burns (“Burns”), Jorge Alejandro Beltran Ritz (“Ritz”), and Diego Beltran (“Beltran”) (collectively “Defendants”) for failing to maintain statutory trust, failure to make prompt payments of trust funds, unlawful dissipation of trust assets, breach of contract and failure to pay goods sold. (Dkt. No. 1, Compl.) The action is brought under the trust provisions of Section 5(c) of the Perishable Agricultural Commodities Act, (“PACA”), 7 U.S.C. § 499e(c). (Id. ¶ 10.) Jem D is a Canadian corporation registered to do business in Michigan and Texas and is in the business of buying and selling wholesale quantities of perishable agricultural commodities. (Dkt. No. 13-2, Mason Decl. ¶ 4.) It is a produce dealer subject to and licensed under PACA. (Id.; id., Ex. 1.) Defendant JJD Produce is a Nevada limited liability company registered to do business in California with its principal place of business in La Jolla, CA and also…