In early 2016, Dillon chose to dismiss the lawsuit with no intent to refile. A plaintiff must seek a dismissal without prejudice and refile in federal court. U.S. District Attorney Francis J. Heney declined to refile charges. The suit was dismissed with prejudice, meaning Jarosik cannot refile allegations in court. Fagan planned to refile, but has since been disbarred. Despite this, the litigants planned to refile. The ruling was without prejudice, which allows the prosecution to refile. The Justice Department under Eric Holder declined to refile charges against the ex-Senator. Before Shannon's attorney could refile, the sewer system and other problems were corrected. The Brewers did, in fact, refile the suit with another judge. As a result, the company plans to refile with the FDA in early 2014. Despite this setback, Giesler said that he would refile in New York.