Kyle v. Green Bird Ltd.

MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff Grant W. Kyle brought this diversity action asserting negligence claims against Defendants Amazon.com, Inc. and Green Bird, LTD arising out of a sickle that Defendant Green Bird sold to Plaintiff through Amazon’s website. (Dkt. No. 28 (Amended Complaint)).¹ Defendant Green Bird has not answered the Amended Complaint or otherwise appeared in this action. Plaintiff moves for a default judgment as to liability against Green Bird under Rule 55(b)(2) of the Federal Rules of Civil Procedure, and requests a hearing to determine the amount of damages. (Dkt. Nos. 84, 87). For the reasons that follow, that motion is granted. II. FACTUAL BACKGROUND² On or about March 12, 2020, Amazon shipped a waffle maker and a sickle to Plaintiff, a New York resident. (Dkt. No. 28,

2, 8). Defendant was the third-party seller of the sickle. (Id. 9). Defendant is a foreign business corporation, with a principal place of business in Shen Zhen City, Guangdongsheng; Defendant sells products through Amazon’s website. (Id.