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CytoDyn Inc CYDY
(Total Views: 562)
Posted On: 09/22/2021 7:24:48 PM
Post# of 155005
Posted By: MarcS
Re: craigakess #105204
Quote:
NO ONE said anything about a settlement. Read it carefully and understand...it clearly says JOINT STIPULATION to dismiss, which means that both sides agreed to dismiss it. No money changed hands, no one admitted to anything. Don't make it any more than what it is.


That's a settlement of sorts. Just that it only involved the settlement of mutually dismissing the case and apparently the waiver of fees and costs against the other in the action. But, you don't need money changing hands to settle. And, in most settlements, even when money changes hands, there is no admission, which is usually written right into the settlement agreement. The 13D description in their title appears misleading because it is written in a way that appears to imply that the court ruled against the company, which the court did not do.

Quote:
And FYI, it does not say "dismissed with prejudice" which means that 13d can file again and file better if they so choose.


Yes, it was dismissed "without prejudice," but Craig, you got this one backwards. CytoDyn is the Plaintiff. CytoDyn sued the 13D or whoever they are. It's CytoDyn who can file again and file better if they so choose.

By the way, the Delaware case by the 13D (or whoever they are) is still pending, and apparently has a hearing on October 6, 2021.













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