[Code of Federal Regulations]
[Title 17, Volume 1]
[Revised as of April 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 17CFR12.21]

[Page 278]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER I--COMMODITY FUTURES TRADING COMMISSION
 
PART 12_RULES RELATING TO REPARATIONS--Table of Contents
 
Subpart A_General Information and Preliminary Consideration of Pleadings
 
Sec.  12.21  Voluntary dismissal.

    (a) At any time after the Director of the Office of Proceedings has 
served notification to the parties pursuant to Sec.  12.15 of these 
rules of his determination to forward the complaint to the respondent 
for a response, either the complainant or the respondent may obtain 
dismissal of the complaint (or the proceeding, if one has commenced) by 
filing a stipulation of dismissal, duly executed by all of the 
complainants and each respondent against whom the complaint has been 
forwarded (or added as a party in the course of a proceeding); Provided 
however, That if the stipulation is filed after any respondent has filed 
an answer, the terms of the stipulation shall include a dismissal of any 
counterclaims in the answer.
    (b) A dismissal of a complaint pursuant to this paragraph shall be 
with prejudice to complainant's right to re-file a claim in reparations 
based upon the same set of facts as alleged in the dismissed complaint. 
Unless otherwise stated in the stipulation, a dismissal ordered pursuant 
to this paragraph shall be regarded by the Commission as without 
prejudice to the parties' right to seek redress in such alternative 
forums as may be available for adjudication of their claims.
    (c) Upon receiving a written stipulation of dismissal which 
satisfies the requirements of this rule, the official before whom the 
matter or proceeding is pending shall issue an order of dismissal, and 
serve a copy thereof upon each of the parties.
    (d) This rule shall be applicable at all stages of a reparation 
proceeding.