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Re: Dismissal with prejudice is normal


From: Tim Smith
Subject: Re: Dismissal with prejudice is normal
Date: Thu, 19 Jun 2008 17:04:44 -0700
User-agent: MT-NewsWatcher/3.5.3b2 (Intel Mac OS X)

In article <address@hidden>,
 Alexander Terekhov <address@hidden> wrote:
> Here's an illustration of what the lawyers he have checked with were
> talking about.
> 
> http://petsforum.com/PSW/Docket/Stipulation.htm
> (STIPULATION OF SETTLEMENT AND DISMISSAL WITH PREJUDICE)
> 
> That's not equivalent to 
> 
> http://www.terekhov.de/GPLvVerizon/VOLUNTARY_DISMISSAL.pdf

What do you find not equivalent about it?  The first spells out in great 
detail what the settlement was between the parties, whereas the second 
does not, but I don't see how that is relevant.  I don't recall offhand 
any requirement in the rules that the filing for dismissal has to 
include the terms of any settlement, or even state the reason for the 
dismissal.

About all we can deduce from those two examples, I think, is that 
Active Window Productions had a lawyer who was being paid by the hour 
when the lawyer drafted the document! :-)

-- 
--Tim Smith


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