Convergent Mobile, Inc. v. JTH Tax, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 CONVERGENT MOBILE, INC., Case No. 4:19-cv-06484-YGR

Plaintiff, ORDER DENYING MOTION FOR NEW TRIAL,

OR, IN THE ALTERNATIVE, TO ALTER OR

v. AMEND THE JUDGMENT AND/OR MAKE

ADDITIONAL FINDINGS

JTH TAX, INC., Re: Dkt. No. 119 Defendant.

9 This case arises out of an alleged contractual breach eighteen (18) months into a three-year commercial agreement. The Court previously issued a Rule 52 Order and issued judgment in favor of plaintiff Convergent Mobile, Inc. (“CMI”) as against defendant JTH Tax. Inc. (“JTH”). (Dkt. Nos. 112, 117, respectively.) CMI, unsatisfied with the damages award, has filed a motion for a new trial under Federal Rules of Civil Procedure (“FRCP”) “59(a), 59(e) and 52(b) on the grounds that the damage amount issued by the Court at the conclusion of the bench trial was based on a manifest error of law and fact.” CMI seeks an order granting its “motion for a new trial on damages to be conducted at the earliest reasonable…