Replies to post #32325 on Applied DNA Sciences Inc (APDN)

[jdjlaw]

I wonder why SmartWater has decided to Dismiss their Complaint. It's a little unusual for a Plaintiff to actually file a Motion to dismiss with prejudice and a covenant not to sue, if all of the details haven't been worked out. That's where I was getting confused. Just wanted to know who "the Company" was.

In this case upon closer reading APDN has agreed to dismiss it's counterclaim (for attorney fees) without prejudice(meaning they can bring that back at a later time). On Aug. 8, APDN did file a requiest for the order to be entered dismissing SmartWater's complaint, and again asking that SmartWater pay attorney fees.

If the Attorney fees cannot be worked out, SmartWater can withdraw their Motion to Dismiss if the Judge allows it. It's just strange that SmartWater would actually file the Motion before all the issues were agreed upon.

Thanks

jdjlaw