9. At the time of the initiation of this lawsuit, the sole member of SharkNinja
Operating, LLC was EP Midco, LLC, a Massachusetts Limited Liability Company created and
organized under the law of the State of Delaware and located at 89 A St. # 100, Needham, MA
02494.
10. Accordingly, Defendant SharkNinja is a resident and citizen of the State of
Massachusetts for purposes of diversity jurisdiction under 28 U.S.C. § 1332.
JURISDICTION & VENUE
11. This Court has subject matter jurisdiction over this case pursuant to diversity
jurisdiction prescribed by 28 U.S.C. § 1332 because the matter in controversy exceeds the sum or
value of $75,000, exclusive of interest and costs, and there is complete diversity between the
parties.
12. Venue is proper in this Court pursuant to 28 U.S.C. §1391 because all or a
substantial part of the events or omissions giving rise to this claim occurred in this District.
13. Venue is also proper in this Court pursuant to 28 U.S.C. § 1391 because Defendant
has sufficient minimum contacts with the State of New York and intentionally availed itself of the
markets within New York through the promotion, sale, marketing, and distribution of its products.
FACTUAL BACKGROUND
14. Ninja blenders, including the Ninja blender that injured the Plaintiff, essentially
have three main components: a base unit which contains a high-speed motor and a gear shaft
(“motor base”); a pitcher, which locks on to the motor base; and a stacked blade assembly with six
sharp blades which is dropped onto the gear shaft (“blade assembly”). and a plastic lid mounted
with metal blades (“blade base”), which screws into the cup and is energized by the base.
15. To assemble the unit, the user first aligns and lowers the pitcher onto the motor
base, then rotates the pitcher clockwise until the pitcher locks in to place. Next the user takes the
Case 2:23-cv-02144 Document 1 Filed 03/20/23 Page 3 of 11 PageID #: 3
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