DWS International, Inc dba Marble Dimensions Worldwide, Inc v. Meixia Arts and Handicrafts Co LTD et al

Filing 347

ENTRY AND ORDER OVERRULING MDWS MOTION FOR ORDER TO AID EXECUTION OF JUDGMENT AGAINST MEIXIA (Doc. 346 ) WITHOUT PREJUDICE. Signed by Judge Thomas M Rose on 5/22/2013. (kf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DWS INTERNATIONAL, INC.,
dba MARBLE DIMENSIONS
WORLDWIDE, INC.,
Case No. C-3:09-cv-458
Plaintiff,
Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

-vMEIXIA ARTS AND HANDICRAFTS,
CO., LTD., et al.,

Defendants.
______________________________________________________________________________
ENTRY AND ORDER OVERRULING MDW’S MOTION FOR ORDER
TO AID EXECUTION OF JUDGMENT AGAINST MEIXIA (Doc. #346)
WITHOUT PREJUDICE
______________________________________________________________________________
Now before the Court is a Motion for Order To Aid In Execution of Judgment Against
Meixia filed by DWS International, Inc. d/b/a Marble Dimensions Worldwide (“MDW”). (Doc.
#346.) Therein MDW asks this Court to order Meixia to pay MDW $20,000 immediately and
$100,000 within two (2) days of receiving funds from Yotrio.
This Court has previously entered default judgment against Meixia and found that Meixia
and Home Casual are jointly and severally liable for $1,500,000 in compensatory damages.
(Doc. #342.) Further, MDW’s claims against Home Casual have been dismissed pursuant to a
settlement agreement between MDW and Home Casual. (Doc. #345.)
Yet, the Court is not aware of how much, if any, of the joint and several liability has been
satisfied by Home Casual. Therefore, the Court is unable, at this time, to order an execution of
judgment against Meixia in any amount. Thus, MDW’s Motion for Order To Aid In Execution of
Judgment Against Meixia is OVERRULED without prejudice to refiling.

DONE and ORDERED in Dayton, Ohio, this Twenty-Second Day of May, 2013.
s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATED DISTRICT JUDGE
Copies furnished to:
Counsel of Record
and by electronic mail to Bill Job at [e-mail]; [e-mail]
and by mail to Meixia Arts and Handicrafts Co., Ltd.

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