Note that the order stated the dismissal was with prejudice. So, under FRCP 41 (a)(2) it is, as stated, with prejudice. However, my point had more to do with the issue of a "withdrawal" vice a "dismissal" in terms of what would be required to appeal this finding in the Ninth Circuit Court of Appeals. It is a completely academic/non-real world issue, as the plaintiff asked for those claims to be dismissed; the import of this would be to make it extremely difficult to appeal (as a separate issue from whether they could re-file at a later date, which they could not based on the order of dismissal with prejudice). The distinction between the issues is one of ability to refile versus ability to appeal. I think neither would work. Absent some extraordinary developments, the dismissed claims are dead, now and forever.