Miller v. General Motors Corporation

Full title: LARRY MILLER, Plaintiff, v. GENERAL MOTORS CORPORATION, Defendant

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Mar 8, 2006

Case No. 06-CV-10617 (E.D. Mich. Mar. 8, 2006)

Opinion

Case No. 06-CV-10617.

March 8, 2006

ORDER DISMISSING CLAIMS FOR LACK OF FEDERAL SUBJECT MATTER JURISDICTION ON FAILURE TO SHOW CAUSE (#2)

GEORGE STEEH, District Judge

Plaintiff Larry Miller, appearing pro per, was ordered on February 15, 2006 to show cause by March 6, 2006 why his claims of breach of contract alleged against defendant General Motors Corporation for failing to pay $68,669.30 under a General Motors Quality Network Suggestion Plan should not be dismissed for lack of federal subject matter jurisdiction. Plaintiff invoked federal question jurisdiction under 29 U.S.C. § 185(c) of the Labor-Management Relations Act ("LMRA"). Plaintiff has not responded to the show cause order. Claims based on individual contracts executed between an employer and employee are not pre-empted by the LMRA. Lingle v. Norge Div. of Magic Chef, Inc., 486 U.S. 399, 413 (1988); Caterpillar Inc. v. Williams, 482 U.S. 386, 394 (1987). Accordingly, and pursuant to the court's February 15, 2006 Order to Show Cause,

Plaintiff's claims are hereby DISMISSED, without prejudice, for lack of federal subject matter jurisdiction.

SO ORDERED.