Hendrix v. Berkeley Farms LLC et al

Filing 36

ORDER GRANTING MOTIONS TO DISMISS. Signed by Judge Vince Chhabria on 7/11/2018. (knm, COURT STAFF) (Filed on 7/11/2018)

Download PDF
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CLINTON HENDRIX, Case No. 18-cv-02382-VC Plaintiff, ORDER GRANTING MOTIONS TO DISMISS v. BERKELEY FARMS LLC, et al., Re: Dkt. Nos. 12, 13 Defendants. Clinton Hendrix's claims are barred by the doctrine of claim preclusion (otherwise known as res judicata). Hendrix has filed complaints arising out of these facts at least twice before – once before this Court in 2014 and once before Judge Gilliam earlier this year. In both cases, the complaints were dismissed and final judgment was entered against him. See Hendrix v. Berkeley Farms Inc., No. 4:18-cv-00935-HSG, Dkt. Nos. 4, 8; Hendrix v. Berkeley Farms LLC, No. 3:14cv-03659-VC, Dkt. Nos. 15, 21. To the extent Hendrix's opposition can be construed to argue that "fraudulent concealment" prevents dismissal, it is not clear what the nature of that fraud is and why it would prevent claim preclusion from applying. Further, even if Hendrix's claims were not dismissed on claim preclusion grounds, they would almost certainly be barred by the statutes of limitations. And although it appears that Hendrix may not have intended to have named the union as a defendant (Dkt. No. 32), claim preclusion would bar any claims against the union as a defendant in this action as well. Accordingly, Hendrix's complaint is dismissed without leave to amend, and no further filings will be permitted in this case.1 IT IS SO ORDERED. Dated: July 11, 2018 ______________________________________ VINCE CHHABRIA United States District Judge 1 Berkeley Farms's request for judicial notice is granted. Fed. R. Evid. 201. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?