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Re: dozerman post# 18564

Saturday, 09/02/2017 8:45:11 PM

Saturday, September 02, 2017 8:45:11 PM

Post# of 54440
No. 2 is your answer.

(2) By Court Order; Effect. Except as provided in Rule 41(a)(1), an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper. If a defendant has pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the action may be dismissed over the defendant's objection only if the counterclaim can remain pending for independent adjudication. Unless the order states otherwise, a dismissal under this paragraph (2) is without prejudice.

Plaintiff is Truxedo.

Bingo!

Just for your information, anytime it says by Court Order, or by Court, that means by the judge.
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