United States District Court, E.D. Michigan, Southern Division
Elizabeth A. Stafford, United States Magistrate Judge.
DISMISS [#15, #21] AND DENYING PLAINTIFFS' MOTION FOR
Gershwin A. Drain, United States District Court Judge.
Michael Booth, president of UAW Local 961, filed this pro
se action on behalf of himself and UAW Local 961
(hereinafter, “Plaintiffs”), alleging a violation
of the Labor Management Relations Act (“LMRA”).
Dkt. No. 1. Plaintiffs do not specify which provision(s) of
the LMRA they allege Defendants violated. Nor do they set
forth a factual basis for their allegations. Rather,
Plaintiffs refer the Court to United States v. Durden, et
al., 17-cr-20406, a federal criminal case where several
defendants were charged with and pled guilty to a conspiracy
to violate section 302 of the LMRA, 29 U.S.C. § 186.
before the Court are three Motions: Plaintiffs' Motion
for Emergency Injunction [#2], Defendant FCA USA LLC's
Motion to Dismiss [#15], and Defendant UAW
International's Motion to Dismiss [#21]. Plaintiffs have
not filed a response to either Motion to Dismiss, and the
time for doing so has expired. See E.D. Mich. LR
7.1(e)(1)(B) (“A response to a dispositive motion must
be filed within 21 days after service of the motion.”);
Scott v. State of Tenn., 1989 WL 72470, at *2 (6th
Cir. July 2, 1989) (“[I]f a plaintiff fails to respond
or to otherwise oppose a defendant's motion, then the
district court may deem the plaintiff to have waived
opposition to the motion.”). The Court will resolve
these matters without a hearing. E.D. Mich. LR 7.1(f)(2). For
the reasons set forth below, the Court will GRANT
Defendants' Motions to Dismiss [#15, #21] and DENY
Plaintiffs' Motion for Emergency Injunction [#2].
Rule of Civil Procedure 12(b)(6) authorizes dismissal of a
complaint for “failure to state a claim upon which
relief can be granted.” Fed.R.Civ.P. 12(b)(6). To
withstand a motion to dismiss pursuant to Rule 12(b)(6), a
complaint must comply with the pleading requirements of
Federal Rule of Civil Procedure 8(a)(2). See Ashcroft v.
Iqbal, 556 U.S. 662, 677-78 (2009). Rule 8(a)(2)
requires “a short and plain statement of the claim
showing that the pleader is entitled to relief, in order to
give the defendant fair notice of what the . . . claim is and
the grounds upon which it rests.” Bell Atl. Corp.
v. Twombly, 550 U.S. 544, 555 (2007) (quotation marks
omitted) (quoting Fed.R.Civ.P. 8(a)(2); Conley v.
Gibson, 355 U.S. 41, 47 (1957)). To meet this standard,
a complaint must contain sufficient factual matter, accepted
as true, to “state a claim to relief that is plausible
on its face.” Twombly, 550 U.S. at 570;
see also Iqbal, 556 U.S. at 678-80 (applying the
plausibility standard articulated in Twombly).
considering a Rule 12(b)(6) motion to dismiss, the Court must
construe the complaint in a light most favorable to the
plaintiff and accept all of his or her factual allegations as
true. Lambert v. Hartman, 517 F.3d 433, 439 (6th
Cir. 2008). However, the Court need not accept mere
conclusory statements or legal conclusions couched as factual
allegations. See Iqbal, 556 U.S. at 678.
Plaintiffs Fail to State a Claim Upon Which Relief can be
stated at the outset, Plaintiffs Complaint alleges a
violation of the LMRA based on the convictions of several
defendants in a separate criminal matter, United States
v. Durden, et al., 17-cr-20406. There, the defendants
were convicted of violating section 302 of the LMRA.
302 of the Labor Management Relations Act makes it a crime
for an employer to willfully give money to a labor union, 29
U.S.C. § 186(a), and for a labor union to willfully
accept money from an employer, [29 U.S.C.] §
186(b).” Ohlendorf v. United Food & Commercial
Workers Union, Local 876, 883 F.3d 636, 640 (6th Cir.
2018). However, section 302 does not confer a private right
of action. See Ohlendorf, 883 F.3d at 640-42. Hence,
to the extent Plaintiffs bring this action pursuant to
section 302 of the LMRA, the Court must dismiss the suit for
a failure to state a claim upon which relief can be granted.
See Fed. R. Civ. P. 8(a)(2) (“A pleading that
states a claim for relief must contain a short and plain
statement of the claim showing that the pleader is entitled
Court must also dismiss the suit to the extent Plaintiffs
bring this action under any other section of the LMRA.
Plaintiffs' statement of claim consists of only three
FCA and International UAW violated Labor/Management Relations
(Refer to 17-cr-20406). FCA and International UAW continue to
negotiate the sale or transfer of MAP from FCA to LF. By this
action, UAW Local 961 and it's [sic] members are ...