Dismissals under Rule 41(a)(2) are without prejudice unless otherwise stated. A person should never affix his signature to any document not fully read and fully understood.After service is completed, the person who served the paperwork will fill out an Affidavit of Service. This results in the state claims being dismissed without prejudice –. i.e. , the plaintiff can simply re-file them in state court. The WP rule is to encourage settlement discussions without parties weakening their position in the formal dispute. CIVIL ACTION commenced in the Superior Court Department on December 24, 1992. The Bidder shall certify compliance with these terms and the Massachusetts Conflict of Interest Laws (certification attached – form A). Article 35. Collusion. If the court finds that the plaintiff has not title proper for registration, a judgment shall be entered dismissing the complaint. There is no evidence in the record that counsel agreed to an extension, and the Court did not extend the deadline.
