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KIMBLE v. OPTEON APPRAISAL, INC.

23-cv-6399-FPG-MJP.

712 F.Supp.3d 379 (2024)

Scott KIMBLE, Plaintiff, v. OPTEON APPRAISAL, INC., Defendant.

United States District Court, W.D. New York.

Signed January 19, 2024.

Attorney(s) appearing for the Case

For Plaintiff: Bruce E. Menken, Esq., Jason J. Rozger, Esq., Beranbaum Menken Ben-Asher & Bierman LLP, Bryan J. Schwartz, Esq., Bryan Schwartz Law, 1330 Broadway, Ste. 1630, Oakland, CA 94612.

For Defendant: William J. Anthony, Esq., Littler Mendelson, P.C., 900 Third Ave., 8th Floor, New York, NY 10022, Riane F. Lafferty, Esq., Littler Mendelson, P.C., 375 Woodcliff Dr, Ste 2D, Fairport, NY 14450.

DECISION and ORDER

INTRODUCTION

FLSA plaintiffs sometimes make the decision to bring a collective action in a state where the employer-defendant is not "at home." By this, I mean that the employer's headquarters is elsewhere. And the employer's business is incorporated elsewhere.

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