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A stipulated dismissal is always a voluntary agreement between the parties. After the court makes a determination of how much the defendant should pay, the parties can enter into the agreement and have it entered as an order by the judge.
1) An agreement between the parties to a lawsuit. For example, if the parties enter into a stipulation of facts, neither party will have to prove those facts: The stipulation will be presented to the jury, who will be told to accept them as undisputed evidence in the case.
Definition from Nolo's Plain-English Law Dictionary When a lawsuit is dismissed with prejudice, the court is saying that it has made a final determination on the merits of the case, and that the plaintiff is therefore forbidden from filing another lawsuit based on the same grounds.
A request for involuntary dismissal can be made by a defendant through a motion for dismissal, on grounds that the other party is not prosecuting the case, is not complying with a court order, or to comply with the Federal Rules of Civil Procedure.
Thus, just as a summary judgment is not a dismissal meaning a summary judgment should not be sought through a motion to dismiss a dismissal is not a summary judgment, and should not be sought thereby.