The motion shall point out the defects complained of and the details desired. Except in a criminal appeal or a case related to the practice of law, a party may file a motion to refer the case to mediation pursuant to S.Ct.Prac.Based on information gathered during the pendency of this matter, the State requests that this Honorable Court dismiss the case against Defendant, SYDNEY. Defendant concurs with the grounds for striking the language set forth in the memorandum in support of the Dottore Motion to Strike. Argument. Failure to Preserve Electronically Stored Information. 4 The Defendant has filed a notice with which it attempts to voluntarily dismiss, without prejudice, all claims in its Counterclaim, except those for breach of contract and violation of the OMVDA. Defendant's Assignment of Error I is overruled. "II. This motion is not made for purposes of delay. Granting this motion should not cause prejudice to any party. Under FRCP 41(b), all involuntary dismissals (i.e.