Replies to post #438019 on Mr Cooper Group Inc (COOP)

[W3Research]

BKS, What do you think of the Mordicai idea of Assets and maybe Cash going directly to WMIH bypassing WMILT?

[deekshant]

BKShadow: Plaintiffs retains the ability to refile
Appreciate your helping hand. Thanks

deekshant

If you look at the applicable document, the one filed in DC, (not the one filed in BK) you will see the following additional words:

Quote:
... with prejudice to refiling the same or any part thereof except to the extent any claim has been expressly preserved in the settlement agreement.

Case 1:09-cv-00533-RMC Document 119 Filed 03/22/12
Claims: Preserved

Quote: BKShadow
I don't see this footing in the order, however I do see the quote above. Those refer to the Global Settlement Agreement; i.e., everything is "dismissed with prejudice" to the "claims" "expressly preserved in the settlement agreement." That would be the Global Settlement Agreement.


...so, the STAYED status of the DC Action was culminated to DISMISSAL with "prejudice" to any claim under the Global Settlement Agreement.

...and that is that.

REFILING AFTER A VOLUNTARY DISMISSAL
BE COGNIZANT OF THE DISTINCTION BETWEEN FEDERAL AND STATE REFILING DEADLINES

Under Rule 41 of the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss his or her claim “without prejudice” prior to service by the defendant of an answer or motion for summary judgment, whichever occurs first. This generally means that the plaintiff can dismiss the claim and retain the ability to refile the same claim within the statute of limitations.
http://files.lawyersmutualnc.com/risk-management-resources/risk-management-handouts/estate-planning-traps/Litigation_Traps.pdf