International Union of Operating Engineers Local Union No. 17 v. Lexo

DECISION AND ORDER

HECKMAN, United States Magistrate Judge.

The parties have consented to final disposition of this case before the Magistrate Judge pursuant to 28 U.S.C. § 636(e). Plaintiff has moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons that follow, plaintiffs motion is denied, and the case is dismissed pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction.

BACKGROUND

On November 1, 1993, Robert Pritchard, the Recording Secretary and Business Representative of Local 17 of the…