The New York Racing Association (D) employed the Thoroughbred Racing Protective Association (D1) for security. Mathews (P) sued three employees of D1 for assault at a race track operated by D. P claimed that he was assaulted, kidnapped, falsely arrested and falsely imprisoned. P claimed that the employees had made libelous statements, charged him with disorderly conduct, and caused him to be convicted on that charge. P sued for money damages and an injunction to restrain the employees from interfering with P's attendance at race tracks, restrain publication of the libelous statements, and from acting as peace officers. The court ruled against P. P then sued both D and D1. They moved for a summary judgment under res judicata. D moved for a summary judgment under FRCP 56(b). D argued that P had sued three employees of D1 and D for the same incident.