DECISION and ORDER I. INTRODUCTION On August 11, 2023, Homesite Insurance Company (“Homesite” or “plaintiff”) filed this action in Supreme Court, Oneida County, against Amazon.com, Inc. (“Amazon”). See Dkt. No. 2. Thereafter, Amazon removed the action to federal court pursuant to 28 U.S.C. §1441(b), which authorizes removal of a civil action from state to federal court if diversity of citizenship exists. Dkt. No. 1. On September 14, 2023, Homesite and Amazon filed a joint stipulation, agreeing to discontinue the claims against Amazon without prejudice and substitute Shenzhen Lepower International Electronics Co., Ltd. (“Lepower” or “defendant”) as the party defendant. Dkt. No. 12. In accordance with the parties’ joint stipulation, plaintiff filed an amended complaint reflecting the terms of the stipulation. Dkt. No. 13. On September 15, 2023, the parties’ joint stipulation was adopted, and plaintiff’s amended complaint was accepted. Dkt. Nos. 15, 16. On November 13, 2023, Lepower moved under Federal Rule of Civil Procedure (“Rule”) 12(b)(6) to dismiss Homesite’s amended complaint in its entirety. Dkt. No. 19. In support of their motion, defendant argued that plaintiff failed to plausibly allege a strict products liability claim — plaintiff’s sole basis for liability against defendant. See id. The motion was granted on February 8, 2024. Homesite Ins. Co. v. Shenzhen Lepower Int’l Elecs. Co., 2024 WL 532444 (N.D.N.Y. Feb. 8, 2024). However, plaintiff was given leave to amend its pleading to cure the defects. Id. at *3. On February 13, 2024, plaintiff filed a second amended complaint reasserting its strict products liability claim. Dkt. No. 23. On February 27, 2024, Lepower moved under Rule 12(b)(6) to dismiss Homesite’s second amended complaint. Dkt. No. 24. In defendant’s view, plaintiff’s second amended complaint fails to cure the defects identified in this Court’s previous Order. See id. The motion has been fully briefed and will be considered on the basis of the submissions without oral argument. II. BACKGROUND Homesite is an insurance company. Compl. 1. Plaintiff insures property in Rome, New York (the “property”) owned by Adam Long (“Long”). Id.
2-3. Long purchased a First Power replacement battery (the “battery”) for use at the property. Id. 7. Lepower, a business entity based in Shenzhen, China, manufactured and/or distributed the battery. Id.
