Chunhye Kim Lee v. Arizona Board of Regents
Opinion of the Court
MEMORANDUM
Dr. Chunhye Kim Lee (Dr. Lee) appeals the Rule 12(b)(6) dismissal of her 2013 first amended complaint (FAC) against the Arizona Board of Regents, the State of Arizona, Northern Arizona University (NAU), and certain individual employees of NAU (collectively, Appellees) on res judicata grounds. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.
1. The district court correctly concluded that Dr. Lee’s 2013 FAC alleged claims arising out of the “same transactional nucleus of facts” as the claims alleged in her 2010 action against Appellees, which were dismissed in a final judgment on the pleadings on August 4, 2011.
2. Because the district court correctly concluded that Dr. Lee’s 2013 action was barred by claim preclusion, the district court was not required to address whether it was also barred under the doctrine of issue preclusion. See Los Angeles Branch NAACP v. Los Angeles Unified Sch. Dist., 750 F.2d 731, 746 n. 17 (9th Cir. 1984).
3. The district court correctly concluded that privity exists between the defendants in the 2010 action and Appellees. The only additional defendants named in the 2013 FAC are individual NAU employees. An employer-employee relationship satisfies the claim preclusion privity requirement. See Spector v. El Ranco, Inc., 263 F.2d 143, 145 (9th Cir. 1959).
4. In sum, as the district court reasoned, the two actions raise “essentially the same grievance against the same parties.” The doctrine of claim preclusion thus bars re-litigation of the same grievance.
AFFIRMED
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. A dismissal based on a final judgment on the pleadings is a final judgment on the merits. See Stewart v. U.S. Bancorp, 297 F.3d 953, 957 (9th Cir. 2002); Dworkin v. Hustler Magazine Inc., 867 F,2d 1188, 1192 (9th Cir. 1989).
. Appellees’ request for attorneys’ fees on appeal is denied.
Reference
- Full Case Name
- CHUNHYE KIM LEE v. ARIZONA BOARD OF REGENTS
- Cited By
- 4 cases
- Status
- Published