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Kyle v. Green Bird Ltd.

Default Judgment Issued Against Chinese Vendor of Sickle Injuring Amazon Patron

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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.

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