I have a question about the full implications of a motion being dismissed from the bench. A lawyer professing to be a "debt collection lawyer" instituted suit. The subpoena was returned by the sheriff for "due diligence". The case was inactivated by the court after 90 days commensurate with rule 4(j). Approximately 3 months after this an invalid attempt at service with the same physical subpoena submitted to the court some six months earlier was made. Acting pro se, and ignorant of Rule 5, I created a petition to the court but was not filed with the clerk. I did, however, send a copy to the attorney. Forewarned with this knowledge, they preemptively filed a motion with the court to vacate the judgment of dismissal. I subsequent filed a motion properly to modify the judgment of dismissal and to reassure the dismissal with prejudice. Both of these motions were scheduled for hearing on the same day. Plaintiffs request for vacating the judgment was denied from the bench. The judge, for reasons that are not clear to me, would not allow my motion for modification to be heard for reasons somewhat to the effect that I had won what I wanted. My question therefore is, since the original dismissal was without prejudice, can plaintiff refile this suit in the state of Massachusetts, or because their motion to vacate was denied are they prohibited from further action?