This is called a dismissal without prejudice. There are three ways to deliver legal papers to start a case.If the case was dismissed without prejudice, you may wish to hire an experienced lawyer to represent you, and make certain it is done right the next time. However, if plaintiff fails to respond to this Order, then the case will be dismissed, without prejudice, for failure to prosecute. III. CONCLUSION. All denials are made without prejudice at this time for the reasons set forth in the attached opinion. The motions in limine are granted in part and denied in part, without prejudice to the extent noted therein.