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Jones v. Arkansas Game & Fish Commission

January 31, 2007

JOHNNIE JONES, JR. PLAINTIFF
v.
ARKANSAS GAME & FISH COMMISSION, DALE OLDHAM, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, AND ROBERT ZACHARY, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY DEFENDANTS



The opinion of the court was delivered by: Wm. R. Wilson, Jr. United States District Judge

ORDER

Pending is Plaintiff's Motion to Temporarily Abate All Proceedings (Doc. No. 17). Defendants object (Doc. Nos. 18-19).

Plaintiff admits that his preceding case tried in May 2006, Johnnie Jones, Jr. v. Arkansas Game & Fish Commission, et al,*fn1 involved the same parties and issues.*fn2 Plaintiff is currently appealing the Defendants' verdict to the Eighth Circuit.

Plaintiff has since filed this second action against three of the original parties, alleging race discrimination and retaliation in violation of Title VII, 42 U.S.C. §§ 1981 and 1983, and the Arkansas Civil Rights Act. Defendants' have filed motions to dismiss based on res judicata. Plaintiff now asks that this case, which of course includes the pending motions to dismiss, be stayed pending the Eighth Circuit's decision in his first case.

Defendants' correctly noted that under federal law, "the pendency of appeal does not diminish the res judicata effect of judgment rendered by federal court."*fn3

Accordingly, Plaintiff's Motion is DENIED.

IT IS SO ORDERED this 31st day of ...


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