MEMORANDUM & ORDER Plaintiff Matthew Bailey brings this products liability action against retailer Recreational Equipment, Inc. (“REI”). He also sued two individual defendants: Eric Artz, REI’s CEO; and Anthony Truesdale, a member of REI’s board of directors. Bailey alleges that on October 11, 2021, while hiking in New York’s Catskill Mountains, his REI trekking poles bent and gave way, causing him to fall. Bailey suffered broken bones and required surgery. The complaint seeks monetary relief. Artz and Truesdale now move to dismiss Bailey’s claims for lack of personal jurisdiction and failure to state a claim, pursuant to Rules 12(b)(2) and 12(b)(6) of the Federal Rules of Civil Procedure, respectively. As set forth below, Bailey’s claims against Artz and Truesdale are dismissed under Rule 12(b)(2). Given that conclusion, there is no need to reach the question of whether Bailey has stated a claim for purposes of Rule 12(b)(6). I. Background The facts herein are taken from the complaint and the declarations submitted in support of (and opposition to) the Rule 12(b)(2) motion. See Brady v. Basic Research, LLC, 101 F. Supp. 3d 217, 229 (E.D.N.Y. 2015) (“In considering a motion to dismiss for lack of personal jurisdiction, a court may rely on materials beyond the pleadings.”); see also Phillips v. Reed Group, Ltd., 955 F. Supp. 2d 201, 225 (S.D.N.Y. 2013) (when considering a Rule 12(b)(2) motion, a court may consider “affidavits and other supporting materials submitted in relation to the motion”). On or about April 29, 2021, Bailey’s spouse purchased REI’s Trailbreak 7075T6 Trekking Poles via the company’s website.1 The poles were subsequently shipped to Bailey’s residence in Queens County, New York. Am. Compl. 1, ECF No. 17 (Bailey resides in Queens); id. 23 (poles were shipped to Bailey’s residence). On or about October 11, 2021, Bailey used the poles while hiking in the Catskill Mountains in Shandaken, New York. Id.
24-25. During the hike, the poles “suddenly bent and gave way,” causing Bailey to “f[a]ll hard on the rocky grounds.” Id. 25. As a result of his fall, Bailey suffered “serious injuries,” including “shoulder arm fractures.” Id. Bailey required unspecified “surgery procedures” and physical therapy. Id. 24. Bailey’s allegations concerning the actual conduct of Artz and Truesdale are high-level, generic, and repetitive. He asserts that the two executives “participated [in] and directed the online marketing, selling and distribution” of REI’s products, including the trekking poles at issue, id. 14; that they were “responsible for the staffing and supervision of the employees and / or agents” of REI, id.; that each “caused or directed” REI “employees and staff to act as his agent in the marketing, selling and distribution” of the trekking poles, id.
