Eleanor Riggio v. Service Corporation International

MEMORANDUM **

The district court erred in applying res judicata to dismiss this case because the Stickle action in which the claims at issue were raised had not yet reached final judgment. See Stewart v. U.S. Bancorp, 297 F.Bd 953, 956 (9th Cir.2002). Even assuming the order deeming those claims waived constituted an adjudication on the merits, it would have been an interlocutory order that — absent certification under Rule 54(b) — was not yet entitled to res judicata effect. See Continental Airlines, Inc. v. Goodyear Tire & Rubber Co., 819 F.2d 1519,1525 (9th Cir.1987); see also Clausen Co.…