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222800P.pdf   12/19/2023  Hawkeye Gold, LLC  v.  China National Materials
   U.S. Court of Appeals Case No:  22-2800
   U.S. District Court for the Southern District of Iowa - Central   
[PUBLISHED] [Loken, Author, with Gruender and Benton, Circuit Judges] Civil case - Contracts. Defendant Sinoma's motion to set aside a default judgment was not a Rule 12 motion, and Sinoma preserved its personal jurisdiction by raising it in answers to plaintiff's complaints filed after the default judgment was set aside for improper service; the district court record was sufficient to require plaintiff to establish personal jurisdiction by a preponderance of the evidence, and it failed to do so; Sinoma was not a party to the contract in question, so it was not bound by the "Consent to Jurisdiction" clause of the contract; Non-Metals, the contracting party, was not an alter-ego for Sinoma and there is no evidence Sinoma had the necessary contacts with Iowa for plaintiff to assert personal jurisdiction over it; the district court did not abuse its discretion in denying plaintiff's Rule 37 motion for sanctions.