Williams-Ilunga v. Directors/Trustees of Producer-Writers Guild of America Pension Plan

MEMORANDUM

We affirm the dismissal of all three counts in Terry Williams-Ilunga’s (“Williams”) complaint.

1. As to Count I, the jurisdictional dismissal in Williams’ first federal action has preclusive effect with respect to the issue of subject matter jurisdiction. See United States v. Van Cauwenberghe, 934 F.2d 1048, 1057 (9th Cir. 1991); 18A C. Wright, A. Miller, & E. Cooper, Federal Practice and Procedure § 4436 (3d ed.). Under the issue preclusion doctrine, “[w]hen an issue of fact or law is actually litigated and determined by a valid and final judgment, and the determination is essential to the judgment, the determination is conclusive in a subsequent action between the parties, whether on the same or a different" claim.” B & B Hardware, Inc. v. Hargis Indus., Inc., — U.S. -, 135 S.Ct. 1293, 1303 , 191 L.Ed.2d 222 (2015) ((quoting Restatement (Second) of Judgments § 27 (1980)). Here, the dismissal of Williams’ first federal action satisfies all of these requirements with respect to subject matter jurisdiction. Williams is precluded from establishing subject matter jurisdiction in this case.

Dismissal of Williams’ first action was not based on a “curable defect” in…