, Plaintiff, in the above-captioned case, and voluntarily dismisses the referenced action, without prejudice, with each party to bear his or her own costs. A case that is dismissed "without prejudice" is only dismissed temporarily.This temporary dismissal means that the plaintiff is allowed to re-file charges. Generally, a dismissal without prejudice has the same effect as if the party did not file. Although "'a complaint in an employment discrimination lawsuit. In June 2009, the EEOC overturned an AJ's finding of no discrimination in a Title VII race discrimination case. Denied an accommodation for a disability, including not being allowed to have a service animal in the workplace. Housing discrimination or harassment. Examples. In some cases, you may have the option of filing a case in small claims court, which is designed for people without formal training in the law. If you decide not to file a motion to dismiss, when filing an answer be sure to include all defenses pertinent to all claims in the case.