Shelar v. Shelar
District Court, N.D. Ohio
1Opinion of the Court
MEMORANDUM & ORDER
CARR, District Judge.
This is a diversity tort action between former spouses. Defendant has moved to dismiss under Fed.R.Civ.P. 12(b)(6), arguing that res judicata principles — claim and/or issue preclusion — bar this action. For the following reasons, defendant’s motion shall be granted.
I. Facts
Plaintiff filed her complaint on August 19, 1994, in the Lucas County Court of Common Pleas. At the time, she and the defendant were engaged in a pending divorce proceeding in that court’s Domestic Relations Division. Her complaint alleges that, “during the pendency of the divorce,”…
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