Illinois Central Gulf Railroad v. J & L Contractors, Inc.

OPINION

RICHARD MILLS, District Judge:

The substantive question here is one of res judicata.

But the real issue underpinning this case is one of procedure: the enforcement of rules and orders of the Court.

Does the dismissal of Plaintiff Illinois Central Gulf Railroad’s complaint in an earlier action for failure to prosecute a default judgment operate as an adjudication upon the merits, and hence as a bar to identical claims asserted in this subsequent suit?

It does.

I

The chronology of events here is pivotal:

September 20, 1985—Plaintiff filed its original action, ease 85-3462, for breach of…