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Re: PhenixBleu post# 42614

Saturday, 09/07/2019 2:13:00 AM

Saturday, September 07, 2019 2:13:00 AM

Post# of 50023
Exactly what I have been saying. Without Prejudice does not rule on the merit of the case. This was purely a procedural MTD which was Granted without prejudice which allows for the complainant to correct the omission or error without forfeiting any rights or claims.

Once the Amended complaint is filed everything goes forward as if nothing has happened.

The portion highlighted in red would have been done as follows

Judge rules “with prejudice” granting the MTD on the grounds of a failure to state a claim and its merit and/or lack there of, the litigation would have been permanently dismissed and the case would have ended. Clearly this is not the case.