ADDITIONAL CASES LG Chem Ltd., Third-Party Plaintiff v. Gigglesworld Corporation, D/B/A Happy Habits Vape and Smoke Shop and EC Supply INC., Third-Party Defendants OPINION & ORDER Plaintiffs Michael and Janee Holness (“Plaintiffs”) bring this action alleging claims for negligence, breach of express and implied warranties, failure to warn, strict liability, and loss of consortium after Michael Holness was injured when a battery exploded in his pocket. (See Amended Complaint (“Am. Compl.”) ECF No. 85.) Plaintiffs assert these claims against LG Chem LTD (“LG Chem”), RRV Enterprises, LLC (“RRV Enterprises”), and EC Supply, Inc. (“EC Supply”), alleging each participated in the manufacturing and/or distributing of the batteries. (Id.) LG Chem has filed a third-party complaint against Gigglesworld Corporation (“Gigglesworld”) and EC Supply alleging they participated in distributing and selling the battery purchased by Michael Holness. (ECF No. 77.) Presently before the Court are EC Supply’s motion for summary judgment (ECF No. 202) and Plaintiffs’ motion for sanctions against third-party Gigglesworld (ECF No. 204.) For the following reasons, EC Supply’s motion is GRANTED, and Plaintiffs’ motion is DENIED. BACKGROUND I. Plaintiffs’ Accident and Investigation On May 14, 2016, Michael Holness was severely and permanently burned and injured when a lithium-ion battery spontaneously combusted and caught on fire in his pocket. (Am. Compl. 35.) In August of 2017, counsel for Plaintiffs communicated with the insurer of Gigglesworld, Dryden Mutual Insurance Company, to try to identify the distributor of the offending batteries before filing suit. (Plaintiffs’ Memorandum of Law in Support of Plaintiffs’ Motion Pursuant to Rule 37 Against Third-Party Defendant Gigglesworld Corporation d/b/a Happy Habits Vape & Smoke Shop (“Pls.’ Mem”) ECF No. 200, at 4.) On August 23, 2017, the insurer stated he emailed a representative from Gigglesworld with photographs of the batteries, and the representative assured him that the batteries were not purchased from his store and were instead “knock offs.” (Declaration of Alexander J. Drago, Esq. (“Drago Declaration”) ECF No. 200, Ex. H.) Plaintiffs’ counsel responded that LG Chem inspected the batteries and confirmed they were LG batteries, and that he has photographs of the batteries being sold in Gigglesworld’s store. (Id.) He asked that the insurer inquire as to where Gigglesworld purchased the batteries. (Id.) The insurer responded that the representative stated the store’s Buyer would go through the records to see who they purchased the batteries from. (Id.) On August 28, 2017, counsel followed up, and the insurer stated Gigglesworld was “still adamant” that the batteries were not sold from its store. (Id.) After receiving the inquiry from the insurer, the President of Gigglesworld, Timothy Serino, asked the company’s Buyer, Angela Bernardo, to review the photographs sent by Plaintiffs’ counsel. (Declaration of George A. Smith, Esq. (“Smith Declaration”) ECF No. 205, Ex. G at
