(I) All cases re‐filled with the Clerk's Office which were dismissed without prejudice pursuant to Civil Rule. If the plaintiff fails to recommence the action in the out-of-state forum within the sixty day period, the court shall dismiss the action without prejudice.This Notice is solely to advise you of the pendency of the action and proposed Settlement thereof and your rights in connection with that Settlement. A communication (whether written or oral)1 must be made in the context of genuine settlement negotiations to be "without prejudice". This letter can be marked without prejudice. This rule does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations. Only use the term "without prejudice" when commenting upon, communicating or responding to a settlement proposal or offer. CV 13 818968 in the Court of Common Pleas of Cuyahoga County, Ohio. Failure to Execute Contract. This page contains our Small Claims Form along with instructions.