Lloyd v. KG Fiber Optics LLC

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION ANDREW LLOYD, individually and on behalf of all others similarly situated PLAINTIFF v. CASE NO. 4:22-CV-00272-BSM KG FIBER OPTICS LLC; BRANDON KENNEDY; AND MICHAEL GRAY DEFENDANTS ORDER Defendants’ motion to dismiss [Doc. No. 5] is granted because Andrew Lloyd has failed to show that this court has personal jurisdiction over defendants. Fastpath, Inc. v. Arbela Techs. Corp., 760 F.3d 816, 820 (8th Cir. 2014) (citing K-V Pharm. Co. v. J. Uriach && CIA, S.A., 648 F.3d 588, 592 (8th Cir. 2011) (prima facie showing should be supported

by affidavits and exhibits). The motion to stay [Doc. No. 17] is denied. Lloyd is suing defendants under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. section 201 et seq., and the Arkansas Minimum Wage Act (“AMWA”), Ark. Code Ann. Section 11-4-201 et seq. Defendants move to dismiss, and attach supporting affidavits, claiming that defendants lack minimum contacts with Arkansas for this court to have

personal jurisdiction Br. Supp. Mot. Dismiss at 5–10, Doc. Nos. 6, 6-1 & 6-2. Lloyd does not respond to defendants’ personal jurisdiction argument, but requests a transfer of venue to the Northern District of Mississippi. Resp. Mot. Dismiss, Doc. No. 10. Defendants motion is granted because Lloyd has not shown that this court has

personal jurisdiction. Lloyd’s request to transfer venue is denied. See e.g. Foster v. Humphries, 2011 WL 13077362 (W.D. Ark. Apr. 14, 2011) (declining to transfer venue where there was no personal jurisdiction). IT IS SO ORDERED this 22nd day of July, 2022.

UNITED STATES DISTRICT JUDGE