This settlement was made after the discovery phase.
discovery stopped right here...
“...upon learning that Fox has delayed the disclosure of Murdoch’s full role at Fox News, a technicality that prevented Dominion from getting access to documents they otherwise would have during the discovery process. It was also during the pretrial hearings that Davis sanctioned Fox News for withholding evidence. Dominion lawyers asserted they’d found out about other documents and material that they should have received during discovery but didn’t. The judge said he would likely start an investigation into the matter.”
https://www.vanityfair.com/news/2023/04/fox-dominion-settlement