Hans and Yans had a contract to manufacture widgets. Yans alleged that Hans breached it. He then sued Hans in federal district court in North Carolina. Hans filed a 12(b)(2) motion to dismiss for lack of personal jurisdiction. Yans sought and received voluntary dismissal of his complaint and then went forum shopping. When Hans was flying over Alaska airspace, a process server served Hans process and Yans sued in Alaska federal district court. Hans then filed a 12(b)(6) motion to dismiss for failure to state a claim. Yans realized some flaws in his complaint and wants to dismiss without prejudice. Which of the following is true?A. Yans can file a notice of dismissal without prejudice because neither an answer nor a motion for summary judgment has been filed.B.Any notice of dismissal will be with prejudice.C.Even if Hans agrees to stipulate to dismissal, it will be with prejudice because Yans previously dismissed an action.

Then try StudyFetch, the AI-powered platform that can answer your questions and teach you more about it!