Opinion
No. 07-16629.
Submitted March 13, 2009 San Francisco, California.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
May 5, 2009.
Appeal from the United States District Court for the District of Arizona James A. Teilborg, District Judge, Presiding D.C. No. CV-06-00865-JAT.
Before: NOONAN, CALLAHAN and BEA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
In its July 20, 2005, judgment the Arizona state court clearly and unambiguously preserved the parties' "right to all claims and defenses as to any breach of contract arising after April 22, 2005, the final date of the trial of this matter." Therefore, the district court was correct to find that Robin Heine's ("Heine") suit was not barred by the doctrine of res judicata. See In re The General Adjudication of All Rights to Use Water in the Gila River System and Source, 127 P.3d 882, 891 (Ariz. 2006) (noting the "well-recognized right of the parties and the courts to limit the preclusive effect of their judgments").
Sagebrush Solutions, Inc.'s contention that Heine is not entitled to treble damages under Ariz. Rev. Stat. Ann. § 23-360 (2009) is without merit. The damages awarded by the Arizona state court were equal to the bonus owed to Heine, and thus the court's judgment constituted an order to pay wages.
Accordingly, we AFFIRM.