Kolela Mpoyo v. Litton Electro-Optical Systems

Appellant Kolela Mpoyo appeals the district court’s dismissal based on res judicata of his Fair Labor Standards Act (“FLSA”) and Family and Medical Leave Act (“FMLA”) claims against his former employer, Appellee Litton Electro-Optical Systems (“Litton”). We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

I

The relevant facts are not in dispute. Mpoyo filed claims of racial discrimination and retaliation in violation of Title YII against his former employer, Litton. The complaint alleged that his supervisor harassed and defamed him, conspired against him during his employment, destroyed his reputation by ordering him to leave the building in a humiliating way, framed him for removing computer program materials, conspired to fire him, conspired to create conflicts between him and other employees and retaliated against him for reporting racial epithets. Two years later, after discovery was complete, expert witness disclosures had passed and summary judgment motions were fully briefed, Mpoyo sought leave to amend his complaint to include FMLA and FLSA claims. The district court denied leave to amend because it would have been unfairly prejudicial to Litton to add the new…