Allison et al v. Dolich et al
Filing 239
OPINION and ORDER - Though "[i]t may have been [Plaintiffs'] preference to split [their] claim[s] into the state and federal law components and to try them each separately... [their] unilateral claim-splitting and the consequent multiplicit y of lawsuits the defendants were obligated to defend is precisely the evil sought to be avoided by the res judicata doctrine." Rennie, 294 Or. at 327. Plaintiffs seek an additional remedy to that obtained in the State Action, their federal clai ms are based on the same factual transaction as those previously adjudicated, and they could have, and had an obligation to, litigate their claims in one proceeding before one court. Because of the reasons elaborated, Defendants' Motion for Summary Judgment on Claim Preclusion 225 is GRANTED. DATED this 25th day of February, 2019, by United States Magistrate Judge John V. Acosta. (peg) (Main Document 239 replaced on 2/25/2019) (eo).
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