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Plaintiff sued Defendant in a State X court. The Federal Rules of Civil Procedure are followed in State X. Plaintiff seeks to recover for personal injuries suffered as a result of a battery inflicted upon him by Defendant. Defendant simply denied Plaintiff’s allegations. Plaintiff demanded trial by jury. Along with the forms for a general verdict, the court submitted written interrogatories to the jury. In answering these interrogations, the jury found that: Defendant had hit Plaintiff with a vase; that Defendant intended to hit Plaintiff; that Defendant caused Plaintiff damages as alleged in the complaint. The jury also returned a judgment against Plaintiff. The judge then ordered a new trial. Plaintiff then filed a stipulation of voluntary dismissal, which was also signed by Defendant.
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Is this Plaintiff’s first voluntary dismissal? May he bring a later action against the Defendant based on the same facts?
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