Kayla Norine Ellis v. Vial Fotheringham Llp

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KAYLA NORINE ELLIS,
Plaintiff-Appellant,
v.
VIAL FOTHERINGHAM LLP,
Defendant-Appellee.
No. 22-35537
D.C. No. 3:22-cv-00256-YY
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
Michael H. Simon, District Judge, Presiding
Submitted June 26, 2023**
Before: CANBY, S.R. THOMAS, and CHRISTEN, Circuit Judges.
Kayla Norine Ellis appeals pro se from the district court’s judgment
dismissing her action alleging claims under the Family Medical Leave Act and
state law. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a
district court’s dismissal under Federal Rule of Civil Procedure 12(b)(6). Puri v.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUL 5 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 22-35537
Khalsa, 844 F.3d 1152, 1157 (9th Cir. 2017). We affirm.
The district court properly dismissed Ellis’s action as barred by res judicata
because Ellis previously brought the same claims against the same defendant in a
federal action that resulted in a final judgment on the merits. See Mpoyo v. Litton
Electro-Optical Sys., 430 F.3d 985, 987-88 (9th Cir. 2005) (setting forth elements
of res judicata under federal law).
AFFIRMED.

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