govinfo:USCOURTS-nynd-3_25-cv-00298-0

UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF NEW YORK 
DEL MONTE FRESH PRODUCE N.A., 
INC.  
Plaintiff, 
v. 
BLJR DISTRIBUTION, LLC, 
d/b/a Behlog Foodservice, 
BRADLEY K. HURLBURT, 
LEON B. HURLBURT, 
ALBERT PALERMO, BLJR 
LEASING, LLC, and   
PETER BEHLOG 
Defendants. 
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CASE NO: 3:25-cv-00298-LEK-ML 
DEFAULT JUDGMENT AGAINST DEFENDANTS 
BLJR DISTRIBUTION, LLC D/B/A BEHLOG FOODSERVICE, BRADLEY K. 
HURLBURT, LEON B. HURLBURT, ALBERT PALERMO, BLJR LEASING, LLC AND 
PETER BEHLOG, JOINTLY AND SEVERALLY 
The Court now considers the Motion of Plaintiff Del Monte Fresh Produce N.A., Inc. 
(“Del Monte” or “Plaintiff ”) for Default Judgment against Defendants BLJR Distribution, LLC 
d/b/a Behlog Foodservice, Bradley K. Hurlburt, Leon B. Hurlburt, Albert Palermo, BLJR Leasing, 
LLC and Peter Behlog (collecti vely “Default Defendants”). Also before the Court  to evidence 
liquidated damages and to comply with Local Rules are two (2) Declarations in Support with 
annexed exhibits thereto.   
 The Court finds  proper service of the Motion papers has been made upon the Default 
Defendants via regular U.S. Mail, postage pre -paid, and that  the Default Defendants have not 
responded to the Motion.  
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Further, the Court finds that this civil action was commenced on March 6, 2025. The Court 
further finds that the Default Defendants were personally and properly served with the Summons 
and Complaint or First Amended Complaint via professional process server, that the calculated 
answer date has passed for all Default Defendants, and that the executed Returns of Service have 
been filed with the Court.    
Further, the Court finds that  the Clerk’s Entry of Default was entered on June 16, 2025  
(Doc. No.  29) thereby making  all the well -plead facts in the Complaint regarding liability 
uncontested, true and conclusive.  
Based on all the pleadings and evidence before the Court,  the Motion is well-taken and 
GRANTED and Default Judgment is hereby rendered in favor of Plaintiff and against the Default 
Defendants, jointly and severally. The Plaintiff is the prevailing party as to all pertinent causes of 
action asserted against these defendants in the First Amended Complaint. 
Further, the Court finds that sufficient evidence of damages has been presented, that 
damages are readily capable of mathematical computation and that a hearing is therefore not 
necessary. Principal damages are awarded as set forth in Plaintiff’s First Amended Complaint and 
in the Declaration In Support relating to the damages statement and annexed exhibits thereto.   
Further, the Court finds that Plaintiff has made a successful claim for pre-judgment interest 
based on express contractual language on the face of each invoice issued to the Defendants as a 
bargained term and condition of sale, and therefore interest at the rate of 1.5% per month (18% per 
annum) from the due date of each unpaid invoice  through June 30, 2025, calculated at $3,803.13 
shall be added to this Judgment.  
Further, the Court finds that because Plaintiff asserted causes of action in the Complaint for 
dissipation / misappropriation of trust assets and breach of fiduciary duty under the Perishable 
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Agricultural Commodities Act (“PACA”), 7 U.S.C. §499 et seq., wherein Plaintiff is a qualified 
and perfected PACA trust beneficiary, this Judgment is non -dischargeable in any of Defendants’ 
subsequent bankruptcy proceedings pursuant to 11 U.S.C. §523(a). 
It is therefore ORDERED and ADJUDGED: 
That non-dischargeable Judgment is hereby rendered in favor of Plaintiff Del Monte Fresh 
Produce N.A., Inc. and against Defendants BLJR Distribution, LLC d/b/a  Behlog Foodservice, 
Bradley K. Hurlburt, Leon B. Hurlburt, Albert Palermo, BLJR Leasing, LLC and Peter Behlog , 
jointly and severally,  in  the principal  amount of $34,306.04 plus pre-judgment  interest of 
$3,803.13 up to and including June 30, 2025 and continuing thereafter at the rate of $16.92 per day 
until the entry date of this Judgment, plus continuing post-judgment interest at the current federal 
statutory rate of 3.79% per annum until paid in full;  
That Plaintiff is hereby granted leave of fourteen (14) days to file a Motion for Attorney 
Fees and Costs in accordance with Fed. R. Civ. P. 54(d);
That Defendants violated the PACA  and the Code of Federal Regulations promulgated 
thereunder by failing to preserve the statutory trust for Plaintiff’s benefit; 
That Defendants, their agents, servants and employees are ordered to turn over to 
Plaintiff’s counsel all proceeds of produce sales of Defendants, all accounts receivable generated 
by produce sales of Defendants, and all assets into which these proceeds have been commingled to 
the extent that Plaintiff is paid in full as required by 7 U.S.C. §499(e)(c)2 and in enforcement of the 
PACA trust;  
That payment and satisfaction of this Judgment can be directed to Plaintiff’s counsel at 
Martyn and Associates Co., LPA, Attn: Mark A. Amendola, Esq., 820 W. Superior Avenue, 10th 
Floor, Cleveland, OH 44113, (216) 861-4700, mamendola@martynlawfirm.com; and  
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That there is no just reason for delay in entering this Judgment for which sums let 
execution issue. 
IT IS SO ORDERED. 
 _ 
DATED 
   ____ 
HON. LAWRENCE E. KAHN 
SENIOR U. S. DISTRICT JUDGE 
March 31, 2026
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