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Powertrain, Inc. v. Joyce Ma

United States District Court, N.D. Mississippi, Aberdeen Division

February 18, 2015

POWERTRAIN, INC., a Mississippi corporation, PLAINTIFF
v.
JOYCE MA, individually, DEFENDANT

Decided February 17, 2015.

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For Powertrain, Inc., a Mississippi Corporation, Plaintiff: Duncan L. Lott, DUNCAN LOTT, Booneville, MS; Thomas O. Cooley, LANGSTON & LOTT, P.A., Booneville, MS.

For Joyce Ma, individually, Defendant: Timothy Michael Peeples, LEAD ATTORNEY, DANIEL, COKER, HORTON & BELL - Oxford, Oxford, MS.

Page 684

MEMORANDUM OPINION DENYING PLAINTIFF'S MOTION FOR NEW TRIAL

Glen H. Davidson, SENIOR UNITED STATES DISTRICT JUDGE.

Presently before the Court is a motion for new trial [279] filed by Plaintiff Powertrain, Inc. Defendant Joyce Ma has filed a response, and Plaintiff Powertrain, Inc. has filed a reply. The matter is now ripe for review. Upon due consideration, the Court finds that the motion [279] is not well taken and should be denied.

A. Factual and Procedural Background

On May 3, 2011, Plaintiff Powertrain, Inc. (" Powertrain" ) brought this diversity action against Best Machinery & Electrical, Inc. (" Best Machinery" ), a dissolved California corporation, and Joyce Ma (" Ma" ), a California citizen.[1] This case has

Page 685

been on the Court's docket since that time, approximately three years and nine months.

Service of process was perfected on Best Machinery pursuant to applicable law. However, the Clerk of the United States District Court for the Northern District of Mississippi subsequently entered default [108]; Powertrain filed a motion for default judgment [109] against Best Machinery; and the Court granted default judgment against Best Machinery in the amount of $2,600,000.00, together with interest accruing at the then-current federal rate of 0.13% from the date of the Default Judgment until the date it was paid in full. See Ct.'s Default J. [124]; Ct.'s Order [117] & Mem. Op. [118] Re: Serv. of Process on Best Machinery.[2] At trial, the only claims remaining were Powertrain's claims against Ma, individually.[3]

Uncontested Facts

The following facts were established by the Pretrial Order:

In 2001, Ma and Oneal Wood, the president of Powertrain, met at a trade show in Las Vegas. Pretrial Order [272] at 3, ¶ 8(a); 5, ¶ 8(b). Subsequently, Powertrain placed orders for Chinese engines through Best Machinery; Best Machinery then ordered the engines from Chinese manufacturers and had them shipped to the United States. Id. at 3, ¶ 8(a); 5, ¶ 8(b); 7, ¶ 8. After the imported engines arrived in the United States, Powertrain sold or distributed ...


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