The opinion of the court was delivered by: Ricardo M. Urbina United States District Judge
Document Nos.: 9, 10, 13, 24, 25, 26
MEMORANDUM OPINION DENYING AS MOOT THE DEFENDANTS'MOTIONS TO DISMISS THE PLAINTIFFS'COMPLAINT; GRANTING THE DEFENDANTS'MOTIONS TO DISMISS THE PLAINTIFFS'AMENDED COMPLAINT
This matter is before the court on the defendants' motions to dismiss the plaintiffs' original complaint and the defendants' motions to dismiss the plaintiffs' amended complaint. The plaintiffs -- the 2004 presidential hopeful Ralph Nader, his running mate Peter Camejo and six voters who supported the Nader-Camejo 2004 ticket -- have brought suit against the Democratic National Committee ("DNC"), Kerry-Edwards 2004 Inc. ("Kerry-Edwards"), John Kerry and Reed Smith, LLP, alleging violations of the United States Constitution and 42 U.S.C. § 1983. In support of their motions to dismiss the amended complaint, the defendants point to a May 27, 2008, memorandum opinion and order in which this court, addressing claims arising out of the same set of events and brought by the same plaintiffs against the same defendants as the instant action, granted the defendants' motions to dismiss. The defendants contend, inter alia, that the May 27, 2008 decision is res judicata as to the claims and issues presented in this action. The plaintiffs, however, argue that the elements required for claim preclusion and issue preclusion have not been satisfied here. In light of the filing of the amended complaint, the court denies as moot the defendants' motions to dismiss the plaintiffs' original complaint. And because the court determines that the May 27, 2008 decision precludes the plaintiffs' claims in this action, it grants the defendants' motions to dismiss the amended complaint.
II. FACTUAL & PROCEDURAL BACKGROUND
As the facts giving rise to the plaintiffs' claims have been set forth in prior opinions, the court will not restate them in exhaustive detail here. See Nader v. Democratic Nat'l Comm., 555 F. Supp. 2d 137, 144-46 (D.D.C. 2008); Nader v. McAuliffe, 549 F. Supp. 2d 760, 761-62 (E.D. Va. 2008). Following Nader's unsuccessful presidential bid in 2004, the plaintiffs instituted a flurry of litigation alleging that the defendants conspired to "launch a massive, nationwide unlawful assault on [Mr. Nader's] candidacy, using unfounded litigation to harass, obstruct and drain his campaign of resources, deny him ballot access and effectively prevent him from running for public office." Am. Compl. ¶ 1. Specifically, the plaintiffs filed suit in the Superior Court of the District of Columbia alleging conspiracy, abuse of process, malicious prosecution and violations of 42 U.S.C. § 1983 and the Constitution. The defendants*fn1 later removed that action from the D.C. Superior Court to this court, where it was docketed as Civil Action No. 07-2136. The plaintiffs then amended their complaint and removed the federal claims, leaving only the allegations of conspiracy, abuse of process and malicious prosecution. On May 23, 2008, the court dismissed Civil Action No. 07-2136, determining that it lacked jurisdiction to consider the plaintiffs' malicious prosecution claims that directly attacked prior state court judgments, and that the First Amendment barred the plaintiffs' remaining claims. Nader v. Democratic Nat'l Comm., 555 F. Supp. 2d at 145.
The day after the plaintiffs filed suit in the D.C. Superior Court, they filed a nearly identical suit against Terry McAuliffe, former chair of the DNC, and Steven Raikin, director of The Ballot Project, in the United States District Court for the Eastern District of Virginia. Compare Compl., Nader v. McAuliffe, No. 08-0428, with Compl., Nader v. Democratic Nat'l Comm., 555 F. Supp. 2d at 137 (No. 07-2136).That action was later transferred from the Eastern District of Virginia to this court and docketed as Civil Action No. 08-0428. Finally, after this court dismissed the plaintiffs' amended complaint in Civil Action No. 07-2136, the plaintiffs filed the instant action in this court on April 4, 2008, alleging conspiracy and violations of 42 U.S.C. § 1983 and the Constitution.
On June 5, 2008, defendants Kerry-Edwards, John Kerry and the Democratic National Committee filed motions to dismiss the complaint. Defendant Reed Smith, LLP's motion to dismiss followed on June 6, 2008. The plaintiffs amended their complaint on July 21, 2008,*fn2 see Am. Compl., and the defendants then moved to dismiss the amended complaint, asserting that the court's dismissal of Civil Action No. 07-2136 is res judicata as to the claims and issues presented here,*fn3 see Kerry Mot. to Dismiss Am. Compl. ("Kerry Mot. to Dismiss") at 5-9; Reed Smith Mot. to Dismiss Am. Compl. ("Reed Smith Mot. to Dismiss") at 8-9. The defendants also aver that the plaintiffs have failed to state a conspiracy claim, Kerry Mot. to Dismiss at 16-17; Reed Smith Mot. to Dismiss at 9-14, that the defendants are immune from suit, Kerry Mot. to Dismiss at 10-11; Reed Smith Mot. to Dismiss at 14-17, that the plaintiffs fail to state a claim for violation of constitutional rights, Kerry Mot. to Dismiss at 12-13; Reed Smith Mot. to Dismiss at 17-20, that the defendants did not act under color of state law, Kerry Mot. to Dismiss at 13-16; Reed Smith Mot. to Dismiss at 21-23, and that the plaintiffs' claims are time-barred, Kerry Mot. to Dismiss at 17-18; Reed Smith Mot. to Dismiss at 23-24. The plaintiffs oppose the defendants' motions to dismiss on each of these grounds. See generally Pls.' Opp'n to Defs.' Mots. to Dismiss ("Pls.' Opp'n"). The court now turns to the parties' arguments concerning the res judicata doctrine.
A. Legal Standard for Rule 12(b)(6) Motion to Dismiss
A Rule 12(b)(6) motion to dismiss tests the legal sufficiency of a complaint. Browning v. Clinton, 292 F.3d 235, 242 (D.C. Cir. 2002). The complaint need only set forth a short and plain statement of the claim, giving the defendant fair notice of the claim and the grounds upon which it rests. Kingman Park Civic Ass'n v. Williams, 348 F.3d 1033, 1040(D.C. Cir. 2003) (citing FED. R. CIV. P. 8(a)(2) and Conley v. Gibson, 355 U.S. 41, 47 (1957)). "Such simplified notice pleading is made possible by the liberal opportunity for discovery and the other pre-trial procedures established by the Rules to disclose more precisely the basis of both claim and defense to define more narrowly the disputed facts and issues." Conley, 355 U.S. at 47-48 (internal quotation marks omitted). It is not necessary for the plaintiff to plead all elements of his prima facie case in the complaint, Swierkiewicz v. Sonoma N.A., 534 U.S. 506, 511-14 (2002), or "plead law or match facts to every element of a legal theory," Krieger v. Fadely, 211 F.3d 134, 136 (D.C. Cir. 2000) (internal quotation marks and citation omitted).
Yet, the plaintiff must allege "any set of facts consistent with the allegations." Bell Atl. Corp. v. Twombly, 127 S.Ct. 1955, 1969 (2007) (abrogating the oft-quoted language from Conley, 355 U.S. at 45-56,instructing courts not to dismiss for failure to state a claim unless it appears beyond doubt that "no set of facts in support of his claim  would entitle him to relief"); Aktieselskabet AF 21. November 2001 v. Fame Jeans, Inc., 525 F.3d 8, 16 n.4 (D.C. Cir. 2008) (affirming that "a complaint needs some information about the circumstances giving rise to the claims"). While these facts must "possess enough heft to 'sho[w] that the pleader is entitled to relief,'" a complaint "does not need detailed factual allegations." Twombly,127 S.Ct. at 1964, 1966. In resolving a Rule 12(b)(6) motion, the court must treat the complaint's factual allegations -- including mixed questions of law and fact -- as true and draw all reasonable inferences therefrom in the plaintiff's favor. Macharia v. United States, 334 F.3d 61, 64, 67 (D.C. Cir. 2003); Holy Land Found. for Relief & Dev. v. Ashcroft, 333 F.3d 156, 165 (D.C. Cir. 2003); Browning, 292 F.3d at 242. While many well-pleaded complaints are conclusory, the court need not accept as true inferences unsupported by facts set out in the complaint or legal conclusions cast as factual allegations. Warren v. District of Columbia, 353 F.3d 36, 40 (D.C. Cir. 2004); Browning, 292 F.3d at 242. The court's resolution of a Rule 12(b)(6) motion represents a ruling on the merits with res judicata effect. Haase v. Sessions, 835 F.2d 902, 906 (D.C. Cir. 1987).
B. Legal Standard for Res Judicata
"The doctrine of res judicata prevents repetitious litigation involving the same causes of action or the same issues." I.A.M. Nat'l Pension Fund v. Indus. Gear Mfg. Co., 723 F.2d 944, 946 (D.C. Cir. 1983). Res judicata has two distinct aspects -- claim preclusion and issue preclusion (commonly known as collateral estoppel) -- that apply in different circumstances and with different consequences to the litigants. NextWave Pers. Commc'ns, Inc. v. Fed. Commc'ns Comm'n, 254 F.3d 130, 142 (D.C. Cir. 2001); Novak v. World Bank, 703 F.2d 1305, 1309 (D.C. Cir. 1983). Under claim preclusion, "a final judgment on the merits of an action precludes the parties or their privies from relitigating issues that were or could have been raised in that action." Drake v. Fed. Aviation Admin., 291 F.3d 59, 66 (D.C. Cir. 2002) (quoting Allen v. McCurry, 449 U.S. 90, 94 (1980)). Under issue preclusion or collateral estoppel, "once a court has decided an issue of fact or law necessary to its judgment, that decision may preclude relitigation of the issue in a suit on a different cause of action involving a party to the first case." Yamaha Corp. of Am. ...