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`Case 3:21-cv-01052-B Document 1 Filed 05/10/21 Page 1 of 14 PageID 1Case 3:21-cv-01052-B Document 1 Filed 05/10/21 Page 1 of 14 PageID 1
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` CAUSE NO. _________
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`CROWN DIST RIB UTING
`LLC,
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` PLAINTI FF,
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`V.
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`ICE S UPPZ, LL C,
`NAL PDOG LLC, AND JOSH
`BECKER,
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` DEFE NDANTS.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF TEXAS
`DALLAS DIVISION
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`§
`§
`§
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`PLAINTIFF’S ORIGINAL COMPLAINT
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` JURY DEMAND
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`Plaintiff, Crown Distributing LLC (“Plaintiff” or “Crown”) files this Complaint against Ice
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`Suppz, LLC (“Ice Suppz”), Nalpdog LLC (“Nalpdog”), and Josh Becker (together, “Defendants”).
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`I. PRELIMINARY STATEMENT
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`Crown is a Dallas-based manufacturer and distributor of hemp-derivative goods.
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`Crown manufactures and distributes its goods from its facilities in Dallas, Texas.
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`Hemp, or Cannabis sativa L., is a plant grown for industrial and commercial
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`purposes that has been in use for thousands of years.
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`PAGE 1
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`THE AGRICULTURE IMPROVEMENT ACT OF 2018, more commonly known as the
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`2018 Farm Bill, established hemp as an agricultural commodity and removed hemp as a scheduled
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`substance from the federal CONTROLLED SUBSTANCES ACT. Governor Greg Abbott followed suit,
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`signing Texas House Bill 1325 into law on June 10, 2019, establishing a hemp program in Texas.
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`Crown distributes its hemp-derivative goods across the United States and abroad.
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`To make its hemp-derivative goods, Crown purchases raw hemp material, known
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`as biomass.
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`The biomass is then processed for inclusion into Crown’s finished goods.
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`Manufacturers and distributors often enter into agreements with brokers or
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`brokerage firms, companies that locate raw hemp material for purchase by the buyer that hires
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`them.
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`Buyers generally provide quality parameters to the broker, including specified
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`cannabidiol (“CBD”) content.
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`CBD is one of over 120 phytocannabinoids, or chemicals, occurring naturally in
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`the hemp plant.
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`This action arises out of Crown’s reliance on Defendants’ multiple representations
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`that Defendant were capable of locating and providing the desired biomass material to Crown.
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`PAGE 2
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`Based on Defendants’ representations, Crown remitted $200,000.00 for the purchase of the
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`biomass.
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`Despite Defendants’ multiple representations to Crown that material in the amount
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`and quality that Crown desired could be procured, Defendants provided material that did not meet
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`the express quality conditions provided by Crown.
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`Upon shipment to Crown’s Dallas facility, Crown rejected the nonconforming
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`material and requested that it be immediately removed from its facilities.
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`Subsequently, Defendants attempted to cure their breach by providing substitute
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`material. The substitute material was also deficient. Crown rejected the substitute material and
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`requested that it immediately be removed from its facilities.
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`Despite multiple demands for return of the $200,000.00 Crown remitted,
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`Defendants have retained Crown’s funds, have not provided the desired hemp plant material, and
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`have failed to remove the rejected materials from Crown’s facility. Crown has incurred ongoing
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`fumigation and storage costs for the deficient material.
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`II. PARTIES
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` Crown Distributing LLC is a Texas limited liability company duly organized in the
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`State of Texas. Crown Distributing’s principal place of business is located at 2861 Congressman
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`Lane, Dallas, Texas 75220. Crown Distributing LLC’s sole member is Mansoor Alibhai.
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`Mr. Alibhai is a citizen of Texas.
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` Defendant Ice Suppz, LLC is a Nevada limited liability company duly organized in
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`the State of Nevada. Ice Suppz, LLC’s principal place of business is located at 2831 St. Rose
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`Parkway Suite 200-400, Henderson, Nevada 89052. It may be served by and through its registered
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`agent, LegalCorp Solutions, LLC, at 2831 St. Rose Parkway Suite 200-400, Henderson, Nevada
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`89052.
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`PAGE 3
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` Upon information and belief, Defendant Ice Suppz, LLC’s sole member is
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`Josh Becker, who is a resident and citizen of Oregon, domiciled and residing in Oregon at 16285
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`SW 85th Avenue, Suite 107, Portland, Oregon 97224-5421.
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` Defendant Nalpdog LLC is a Nevada limited liability company duly organized in
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`the State of Nevada. Nalpdog’s principal place of business is located at 2831 St Rose Parkway
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`Suite 200-400, Henderson, Nevada 89052, and it may be served by and through its registered agent,
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`LegalCorp Solutions, LLC, at 2831 St Rose Parkway Suite 200-400, Henderson, Nevada 89052.
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` Upon information and belief, Defendant Nalpdog LLC’s sole member is Ice Suppz,
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`LLC, a Nevada limited liability company duly organized in the State of Nevada, located at
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`5320 Cameron Street, No. 7, Las Vegas, Nevada 89118.
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` Upon information and belief, Defendant Josh Becker is a citizen of Oregon,
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`domiciled and residing in Oregon at 16285 SW 85th Avenue, Suite 107, Portland, Oregon 97224-
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`5421. Defendant Josh Becker may be served at this listed Oregon address.
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`III. JURISDICTION AND VENUE
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` This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332 because the
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`parties are diverse and the amount in controversy exceeds $75,000.
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` This Court has personal jurisdiction over the parties because the acts and omissions
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`of Defendants subject to this Complaint all occurred in Texas or were directed toward Texas.
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`Defendant Ice Suppz offers its brokerage and supplier services to Texas residents.
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`Defendant Josh Becker offers his brokerage services to Texas residents.
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`Defendants Nalpdog and Josh Becker solicited the business of Crown Distributing
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`LLC, located in Dallas, Texas, and Defendant Josh Becker entered into an oral contract with
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`Plaintiff for the sale of tens of thousands of pounds of hemp material to Texas.
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`Becker entered into multiple previous contracts with Plaintiff for the sale of hemp
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`product to Plaintiff in Texas. And Becker sent numerous large bags of sample material to Crown
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`in Texas to induce Crown into the contract at issue
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`For a period of over six months, Defendants negotiated and communicated with
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`Crown regarding the matters complained of herein.
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`Defendants shipped or caused to be shipped several truckloads of raw hemp
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`material into Texas on multiple occasions.
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`These shipments occurred over a period of several months and were based on
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`numerous repeated negotiations regarding the quality of hemp Defendants delivered to Texas, and
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`all communications were directed to Plaintiff in Texas.
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`Defendants offer for sale and sell hemp materials to Texas residents.
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`Venue is proper in this district pursuant to 28 U.S.C. § 1391(b)(2), as a substantial
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`part of the events giving rise to Plaintiff’s claims occurred in Dallas, Texas.
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`IV. FACTS
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`Crown is a Dallas-based manufacturer and distributor of hemp-derivative goods.
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`Defendant Josh Becker is an individual that brokers transactions for sourcing and
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`purchasing of raw hemp plant material.
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`Defendant Ice Suppz is a brokerage firm/supplier that offers and provides services
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`for sourcing raw hemp plant material.
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`Defendant Nalpdog is an entity that offers and provides services for sourcing and
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`providing raw hemp plant material.
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`Crown hired Josh Becker; however, unbeknownst to Crown at the time, Josh
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`Becker is a member of, owns, and/or is affiliated with multiple entities, such as Ice Suppz and
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`Nalpdog. In determining to contract with Mr. Becker, Mr. Becker represented he was capable of
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`brokering the transaction and providing the desired material in the amount and quantity that Crown
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`desired.
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` Mr. Becker represented to Zain Meghani, the operations manager of Crown, that
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`he was skilled in locating quality biomass and that he could broker a transaction for the purchase
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`of hemp material for Crown.
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` Mr. Meghani conveyed quality parameters for the hemp material to Mr. Becker,
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`including that the plant material be shucked, be devoid of stalks and stems, and contain 8.5 percent
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`(8.5%) cannabidiol (“CBD”) content for the majority of the hemp plant material and 4.5 percent
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`(4.5%) CBD content for the remainder of the hemp plant material.
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`In May of 2020, Mr. Becker represented that he already knew of hemp material
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`available for purchase that would meet Crown’s needs, and on May 11, 2020, Defendant Nalpdog
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`sent Crown an invoice representing the same.
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`Interestingly, though the invoice for the hemp plant material was issued from
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`Nalpdog, Mr. Becker demanded that the wire funds be remitted to Ice Suppz, a completely separate
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`entity. In reliance on Mr. Becker’s representations, and pursuant to the invoice drafted by Nalpdog,
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`Crown committed to purchasing 38,000 pounds of hemp biomass with a CBD content of 8.5% and
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`12,000 pounds of hemp biomass with a CBD content of 4.5% from a source located by Ice Suppz.
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`Crown and Mr. Becker had already entered into an oral contract for the purchase of
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`hemp material and Crown relied on Mr. Becker’s representation that the hemp material sourced
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`from Ice Suppz would meet the quality parameters of the invoice drafted by Nalpdog.
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` Mr. Becker represented to Mr. Meghani that the source from which the hemp
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`biomass would be purchased was Defendant Ice Suppz.
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`On May 12, 2020, Crown sent $200,000.00 by wire payment directly to Ice Suppz,
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`the entity from which Mr. Becker purportedly sourced the material.
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`On or around May 18 and May 19, 2020, two trucks delivered approximately
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`25,000 pounds of hemp material to Crown’s Dallas facilities. The material was inferior and did
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`not meet the quality parameters relayed by Mr. Becker.
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`After
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`inspecting
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`the nonconforming goods, Crown
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`immediately rejected
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`acceptance, requested that Ice Suppz pick up the nonconforming goods, and notified Ice Suppz
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`that the material was unacceptable and that it had rejected the goods.
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`In response to Crown’s rejection of the biomass, material, Josh Becker admitted via
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`text message,“[i]t’s wrong. My people f****ed up.”
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` Mr. Becker and Ice Suppz assured Crown they would rectify the issue by causing
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`compliant replacement material to be sent to Crown.
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`Relying on representations made by Mr. Becker and Ice Suppz that acceptable
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`substitute material would be provided, Crown patiently attempted to work with Mr. Becker and
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`Ice Suppz for several months in order to receive the desired substitute hemp material.
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`Despite multiple representations that Mr. Becker and/or Ice Suppz could procure
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`the desired material and provide substituted conforming goods, Mr. Becker and Ice Suppz failed
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`to provide the material. On or around June 9, 2020, Crown began making demands to Defendants
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`for the return of its $200,000.00 and pickup of the approximate 25,000 pounds of nonconforming
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`goods from Crown’s facility, as it neither had acceptable substitute material nor its funds.
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`In lieu of rectifying the situation, multiple excuses were offered, including that the
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`purported farmer/supplier of the biomass was refusing to provide a refund of Crown’s money and
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`that Ice Suppz’s processing machine broke down. In July of 2020, Ice Suppz noted that it
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`“promise[s] [it] ha[s] a resolution,” and in September of 2020, Ice Suppz stated that it would be
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`“shipping [the material] … [and] shooting [for] sometime next week. But for sure it’s happening.”
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`On or around October 5, 2020, Mr. Becker and Ice Suppz delivered approximately
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`15,000 more pounds of hemp material to Crown; however, the offered replacement biomass
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`material was moldy, muddy, wet, and stored in black garbage bags. Crown again immediately
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`rejected acceptance, informed Mr. Becker and Ice Suppz of the rejection of the goods and
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`requested Ice Suppz to pick up the approximate 40,000 total pounds of nonconforming goods from
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`its facility.
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`Crown has incurred storage costs for the storage of the deficient material and loss
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`of use of its warehouse space. Furthermore, Crown is incurring the ongoing cost of fumigation of
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`the material to prevent pest infestation of its other commercial activities, including tobacco
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`production.
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`Crown issued demand letters to each Defendant in an attempt to resolve this matter
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`on December 10, 2020. Defendants failed to respond.
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`Crown was never provided with acceptable substitute material, its $200.000.00 was
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`never returned, and the deficient material continues to sit in Crown’s facility.
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`Due to Defendants’ actions, Crown has suffered actual damages in excess of
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`$200,000, including the $200,000.00 remitted for the biomass, and costs related to storage and
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`fumigation of the deficient material that Defendants refuse to retrieve.
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`V. CAUSES OF ACTION
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`COUNT I: BREACH OF ORAL CONTRACT AGAINST BECKER AND ICE SUPPZ
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`The allegations in sections I and IV are re-alleged herein.
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`Crown entered an oral contract with Defendant Josh Becker for brokerage services
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`for the purchase of hemp plant material, subject to the quality parameters dictated by Crown. Upon
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`information and belief, Becker was acting as an agent for Ice Suppz, as an undisclosed principal.
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`Crown performed by timely remitting payment for the services Mr. Becker
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`represented he was capable of brokering, including, but not limited to, providing biomass of the
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`quality that Crown desired.
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`Defendants Josh Becker and Ice Suppz materially breached the contract with Crown
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`by failing to provide the agreed-upon goods and brokerage services. Specifically, Josh Becker and
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`Ice Suppz breached the contract by failing to provide biomass meeting the express conditions
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`provided by Crown and by failing to provide acceptable substitute material after Crown had timely
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`rejected the nonconforming material.
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`Defendants’ breach has caused actual damages to Crown, in addition to attorney's
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`fees as allowed by TEX. CIV. PRAC. & REM. CODE § 38.001, et seq.
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`COUNT II: FRAUD AGAINST ALL DEFENDANTS
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`The allegations in section I and IV are re-alleged herein.
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`Defendants made misrepresentations and omissions to Crown related to their
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`services, their abilities, and the nature, quality, and source of the hemp plant material Crown
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`desired.
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`Defendants knew such representations were false at the time they were made, and
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`intentionally made such false representations of material fact or made them recklessly and allowed
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`Crown to rely on them.
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`Defendant Josh Becker’s false representations include the following: that he was a
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`broker capable of brokering the transaction and providing the hemp plant material Crown desired;
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`that he had sourced and located material of the quality Crown desired; that Defendant Ice Suppz
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`was the source from which the materials would be purchased; that, upon learning the provided
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`material was unacceptable, rejected, and requested to be picked up by Crown, and that he would
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`rectify the issue by providing acceptable replacement biomass material. Additionally, on or about
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`May 13, 2020, Becker (individually and on behalf of Ice Suppz and Nalpdog) sent certificates of
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`analysis related to the quality (specifically the THC content) of the hemp material to be sent to
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`Crown; those certificates were false and did not represent the quality of the product Becker
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`(individually and on behalf of Ice Suppz and Nalpdog) intended to sell to Crown.
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`Defendant Ice Suppz’s false representations include the following: that it was the
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`supplier of the material Crown desired; that, upon payment of $200,000.00 made directly by
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`Crown to Ice Suppz, it would provide the desired material; and that, after Mr. Becker relayed that
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`Crown had rejected the nonconforming material and requested for the material to be picked up,
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`Ice Suppz had or could provide conforming substitute goods and pick up any deficient material.
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`Additionally, on or about May 13, 2020, Becker (individually and on behalf of Ice Suppz and
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`Nalpdog) sent certificates of analysis related to the quality (specifically the THC content) of the
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`hemp material to be sent to Crown; those certificates were false and did not represent the quality
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`of the product Becker (individually and on behalf of Ice Suppz and Nalpdog) intended to sell to
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`Crown.
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`Defendant Nalpdog’s false representations include the following: that, pursuant to
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`the invoice it drafted and issued to Crown for the hemp plant material, it had sourced and located
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`material of the quality Crown desired and that it could provide the desired material. Additionally,
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`on or about May 13, 2020, Becker (individually and on behalf of Ice Suppz and Nalpdog) sent
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`certificates of analysis related to the quality (specifically the THC content) of the hemp material
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`to be sent to Crown; those certificates were false and did not represent the quality of the product
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`Becker (individually and on behalf of Ice Suppz and Nalpdog) intended to sell to Crown.
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`Crown relied on these misrepresentations to its detriment, these representations
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`were false, and Crown suffered actual damages. Crown seeks to recover all damages from
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`Defendants to which Crown is entitled, including actual, consequential, and exemplary damages
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`as allowed by law. Crown further seeks out-of-pocket damages.
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`COUNT III: NEGLIGENCE AGAINST ICE SUPPZ, LLC
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`The allegations in section I and IV are re-alleged herein.
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`As Crown’s broker and supplier, Defendant Ice Suppz owed a duty of care to Crown
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`in sourcing, procuring, and supplying the desired hemp material.
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`Defendant Ice Suppz was negligent in the location, procurement, and supply of the
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`hemp material. Ice Suppz failed to even perform cursory due diligence in locating, procuring, and
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`supplying the hemp material.
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`It was foreseeable that Defendant Ice Suppz’s negligence could and did cause
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`damages to Plaintiff.
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`Defendant Ice Suppz’s conduct fell below the standard of care of competent hemp
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`brokerage/supplier companies. Defendant Ice Suppz’s negligence was the producing cause of
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`Plaintiff’s damages, including Plaintiff’s actual damages of the loss of more than $200,000.
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`Plaintiff seeks all damages to which it is entitled from Defendant Ice Suppz due to its negligence.
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`COUNT IV: NEGLIGENT MISREPRESENTATION AGAINST ALL DEFENDANTS
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`The allegations in section I and IV are re-alleged herein.
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`Defendants made several misrepresentations of material fact to Crown related to
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`their services, their abilities, and the nature, quality, and source of the hemp plant material Crown
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`desired.
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`Defendant Josh Becker’s false representations include the following: that he was a
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`broker capable of brokering the transaction and providing the hemp plant material Crown desired;
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`that he had sourced and located material of the quality Crown desired; that Defendant Ice Suppz
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`was the source from which the materials would be purchased; that, upon learning the provided
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`material was unacceptable, rejected, and requested to be picked up by Crown, he would rectify the
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`issue; and that he could procure the desired material, provide substitute conforming goods, and
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`pick up any deficient material.
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`Defendant Ice Suppz’s false representations include the following: that it was the
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`supplier of the material Crown desired; that, upon payment of $200,000.00 made directly by
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`Crown to Ice Suppz, it would provide the desired material; and that, after Mr. Becker relayed that
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`Crown had rejected the nonconforming material and requested for the material to be picked up,
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`Ice Suppz had or could provide conforming substitute goods and pick up any deficient material.
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`Defendant Nalpdog’s false representations include the following: that, pursuant to
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`the invoice it drafted and issued to Crown for the hemp plant material, it had sourced and located
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`material of the quality Crown desired and that it could provide the desired material.
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`The above misrepresentations of material fact were done intentionally or in the
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`alternative, negligently, by Defendants to Crown. Defendants had knowledge of these
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`representations and did not inform Crown otherwise either intentionally, or negligently.
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`Crown seeks all damages to which Crown is entitled from Defendants due to their
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`negligent misrepresentations.
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`COUNT V: UNJUST ENRICHMENT AGAINST ALL DEFENDANTS
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`The allegations in section I and IV are re-alleged herein.
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`In the alternative, Defendants have obtained a benefit from Crown by fraud and the
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`taking of an undue advantage.
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` Defendant Josh Becker was unjustly enriched by acts of fraud and
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`misrepresentation related to his services, his abilities, and the nature, quality, and source of the
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`hemp plant material Crown desired, and Josh Becker now enjoys the benefit of Crown’s funds.
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`Josh Becker should be disgorged of this benefit by this Court on the equity of the circumstances.
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`Defendant Ice Suppz was unjustly enriched by acts of fraud and misrepresentation
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`related to its services, its abilities, and the nature, quality, and source of the hemp plant material
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`Crown desired, and Ice Suppz now enjoys the benefit of Crown’s funds. Ice Suppz should be
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`disgorged of this benefit by this Court on the equity of the circumstances.
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`Defendant Nalpdog was unjustly enriched by acts of fraud and misrepresentation
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`related to its services, its abilities, and the nature, quality, and source of the hemp plant material
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`Crown desired, and Nalpdog now enjoys the benefit of Crown’s funds. Nalpdog should be
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`disgorged of this benefit by this Court on the equity of the circumstances.
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`VI. DAMAGES
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`Plaintiff seeks damages for the causes of action asserted herein. Plaintiff has been
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`damaged by the fraudulent misrepresentations made by Defendants regarding their services, their
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`abilities, and the nature, quality, and source of the hemp plant material, as well as Plaintiff’s
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`reliance on said fraudulent misrepresentations.
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`VII. ATTORNEY’S FEES
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`Plaintiff requests an award of its reasonable and necessary attorney’s fees pursuant
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`to TEXAS CIVIL PRACTICES & REMEDIES CODE § 38.001.
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`VII. CONDITIONS PRECEDENT
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`All conditions precedent to the maintenance of this cause of action and Plaintiff's
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`recovery thereon, including attorney's fees, have occurred, or been performed, including the notice
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`requirements of TEX. BUS. & COM. CODE § 17.505 and TEX. CIV. PRAC. & REM. CODE § 38.002.
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`PAGE 13
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`Case 3:21-cv-01052-B Document 1 Filed 05/10/21 Page 14 of 14 PageID 14Case 3:21-cv-01052-B Document 1 Filed 05/10/21 Page 14 of 14 PageID 14
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`VIII. PRAYER FOR RELIEF
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`Plaintiff requests that, after final trial, judgment be entered against Defendants for:
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`1.
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`2.
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`3.
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`4.
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`5.
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`6.
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`Compensatory, special, and consequential damages resulting from Defendants’
`misconduct described above.
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`Prejudgment and post-judgment interest.
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`Costs of suit.
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`Attorneys’ fees.
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`Exemplary damages.
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`All other relief, in law and in equity, to which Plaintiff may be entitled.
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`DATE: May 10, 2021
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`Respectfully submitted,
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`/s/ John S. Adams
`John S. Adams
`Texas Bar No. 24097277
`jadams@lynnllp.com
`LYNN PINKER HURST & SCHWEGMANN, LLP
`2100 Ross Avenue, Suite 2700
`Dallas, Texas 75201
`Telephone: (214) 981-3800
`Facsimile: (214) 981-3839
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`Chelsie N. Spencer
`Texas Bar No. 24094959
`cspencer@ritterspencer.com
`Paul C. Stevenson
`Texas Bar No. 24117098
`pstevenson@ritterspencer.com
`RITTER SPENCER PLLC
`15455 Dallas Parkway, Suite 600
`Addison, Texas 75001
`Telephone: (214) 295-5074
`Facsimile: (214) 329-4362
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`ATTORNEYS FOR PLAINTIFF
`CROWN DISTRIBUTING LLC
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`PAGE 14
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