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)

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