Barr v. Bd. of Trustees of Western Illinois Univ.

Dist. Ct. did not err in granting on grounds of res judicata defendant-University’s Bd. Of Trustees’ motion for judgment on pleadings in Title VII and ADEA action, alleging that defendant failed to renew teaching contract of plaintiff on basis of her age and in retaliation for plaintiff having registered prior complaint of race discrimination, where plaintiff had filed similar Title VII retaliation complaint against University that had been previously dismissed with prejudice due to plaintiff’s failure to serve her complaint on University. Record showed existence of all three required elements for res judicata where: (1) there was identity of parties in both lawsuits; (2) dismissal of first lawsuit for want of prosecution was ruling on merits of case under Rule 41(b); and (3) both lawsuits were based on same core of operative facts concerning defendant’s failure to renew her teaching contract. Fact that instant lawsuits rested on different legal theories and factual predicates did not require different result. Ct. observed, though, that first lawsuit should have been dismissed without prejudice, but because plaintiff failed to file appeal or Rule 59 motion, said dismissal remained final decision on its merits.