Stebbins v. State Farm Mutual Automobile Insurance
Stebbins v. State Farm Mutual Automobile Insurance
Opinion of the Court
The appeals in these three employment discrimination cases present slightly different points. In the interest of clarity, we have decided to treat each appeal separately.
No. 22,580
On February 7, 1966, State Farm Mutual Automobile Insurance Company denied Stebbins’ application for employment as a claims adjuster. His charge of employment discrimination subsequently filed with the Equal Employment Opportunity Commission
In the District Court, State Farm Mutual moved to dismiss on two grounds:
(1) res judicata, and (2) the statute of limitations. The District Court rejected the res judicata ground, but granted the motion to dismiss, holding that the action was not timely filed under 42 U.S. C. § 2000e-5(e) (1964). While rejecting the District Court’s reasons,
The application of the principle of res judicata here is obvious unless appellant can show that the dismissal of his prior suit in the District Court was not on the merits. It is true that the dismissal order did not so state. Nevertheless, since it did not specify otherwise, the 'dismissal was an involuntary one under Rule 41(b), Fed.R.Civ.P., which provides that such a dismissal (for failure to comply with an order of the court) “operates as an adjudication upon the merits.”
No. 22,595
This is a companion case to No. 22,-580. On a slightly different set of facts it raises the same issues on appeal against a different insurer, Keystone Insurance Company. Here again, Steb-bins’ prior suit on identical facts against the same insurer was dismissed because of his “intentional, wilful and contemptuous” failure to comply with the orders of the District Court. The District Judge in the present case granted the motion to dismiss on the ground of res judicata. We affirm on that ground for the reasons stated in No. 22,580.
No. 22,581
On this appeal the only issue is whether Stebbins’ employment discrimination suit against appellees Nationwide Mutual Insurance Company et al. was properly dismissed on venue grounds. We agree that it was.
Section 706(f)
The venue of the right of action here in suit was limited by the statute which created the right. Section 706(f) first states three judicial districts
Affirmed.
. See 42 U.S.O. § 2000e-5(a) (1964).
. See 42 U.S.O. § 2000e-5(e) (1964).
. 42 U.S.O. § 2000e-2(a) (1964).
. See Cox v. United States Gypsum Co., 7 Cir., 409 F.2d 289 (1969); Miller v. International Paper Co., 5 Cir., 408 F.2d 283 (1969); Choate v. Caterpillar Tractor Co., 7 Cir., 402 F.2d 357 (1968); Antonopulos v. Aerojet-General Corp., E.D.Cal., 295 F.Supp. 1390 (1968); Kendrick v. American Bakery Co., N.D. Ga., F.Supp., 58 Lab.Cas. If 9146 (No. 11490, July 29, 1968); Peurala v.
. The District Court found that appellant’s “failure * * * to abide by and comply with the Court’s Orders was in no wise due to ignorance or lack of understanding but * * * his failure to abide by tbe Orders was intentional, wilful and contemptuous of tbe Court * *
. 42 U.S.C. § 2000e-5(f) (1964).
. They are: (1) where “tbe unlawful employment practice is alleged to have been committed”; (2) where “the plaintiff would have worked but for the alleged unlawful employment practice!’; and (3) where “the employment records relevant to such practice are maintained and administered.” 42 U.S.C. § 2000e-5 (f).
Reference
- Full Case Name
- Emmett J. STEBBINS v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellees Emmett J. STEBBINS v. NATIONWIDE MUTUAL INSURANCE COMPANY, Appellees Emmett J. STEBBINS v. KEYSTONE INSURANCE COMPANY
- Cited By
- 13 cases
- Status
- Published