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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.