14    action was ongoing. See Creech, 281 S.W.3d at 382 (holding res  judicata barred claims on facts discovered while previous suit  pending); Regions Financial Corp., 310 S.W.3d at *394. H. Saga  could have fully and fairly litigated the present claims during  the prior action. See Creech, 281 S.W.3d at 382. The new facts  exception does not apply. The two suits arise out of the same  transaction or occurrence. Res judicata bars H. Saga’s claims.  V.  Conclusion  Defendants’ Motion to Dismiss isGRANTED.        So ordered this 13th day of October, 2021.    /s/ Samuel H. Mays, Jr.            SAMUEL H. MAYS, JR.            UNITED STATES DISTRICT JUDGE  Case 2:21-cv-02085-SHM-atc Document 17 Filed 10/13/21 Page 14 of 14 PageID 734