Henry v. Tri-Services, Inc.

BEAM, Circuit Judge.

Tri-Services, Inc. (Tri-Services) appeals a magistrate judge’s order denying its motion to set aside default judgment. We hold that the magistrate judge lacked authority to enter final judgment because Tri-Services did not consent to have the matter tried to the magistrate judge. We dismiss this appeal for lack of jurisdiction and remand for further proceedings in the district court.

I. BACKGROUND

J.C. and June Henry filed a diversity products liability complaint in the district court naming Tri-Services, Dynamic Classics, Ltd. (Dynamic Classics) and Wal-Mart Stores, Inc.…