Tuesday, November 16, 2021 4:43:07 PM
There could have been a technical error in the petition, so it might be re-filed by Moody later. Or it could mean that Moody and BORK reached a quick agreement of some sort between them, so it might be re-filed later.
The key term is "without prejudice", meaning the petition was never adjudicated on the merits and the court proceeding that had been scheduled on 12/1 obviously never took place. So this could re-appear anytime, perhaps after Moody and BORK take time to strike a formal agreement between them first, and then the court will surely approve it if both sides file the formal agreement with the court.
Court case: A-21-843103-P
Rule 41 - Dismissal of Actions
(a)Voluntary Dismissal: Effect Thereof.
(1)By the Plaintiff.
(A)Without a Court Order. Subject to Rules 23(f), 23.1, 23.2, 66, and any applicable statute, the plaintiff may dismiss an action without a court order by filing:
(i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or
(ii) a stipulation of dismissal signed by all parties who have appeared.
(B)Effect. Unless the notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.
(C)Filing Fees. Unless otherwise stipulated, the plaintiff must repay the defendant's filing fees.
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