Thurman

Thurman v. General Mills Operations Inc.

Good Law
210 F. App'x 614
United States Court of Appeals for the Ninth CircuitDecember 8, 2006No. 05-55567California388 words

Opinion

Lead Opinion

MEMORANDUM **

On November 19, 2004, Dora Thurman, proceeding pro se, filed suit alleging six causes of action for wrongful discharge and willful violation of the Family Medical Leave Act. District Judge Wilson dismissed the suit as barred by res judicata and entered judgment in favor of General Mills Operations, Inc. (“General Mills”) and Lilia Ruiz. Thurman appealed. We have jurisdiction based on 28 U.S.C. § 1291 .

In August 2003, Thurman filed an action alleging employment discrimination pursuant to Title VII. That complaint was brought against General Mills (incorrectly named as Yoplait Columbo). On August 3, 2004, the district court granted General Mills’ summary judgment motion in that case and entered judgment in its favor.

Res judicata, or claim preclusion, bars lawsuits on “ ‘claims that were raised or could have been raised in a prior action.’ ” Fed. Trade Comm’n v. Garvey, 383 F.3d 891 , 897 (9th Cir.2004) (quoting Providence Health Plan v. McDowell, 361 F.3d 1243, 1249 (9th Cir.2004)). Claim preclusion applies if there is “ ‘(1) an identity of claims; (2) a final judgment on the merits; and (3) identity or privity between parties.’ ” Id. (quoting Providence Health…

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