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What happens after the magistrate judge R&R which denied defendants motion and the district judge adopts the decision? Trial?

New York, NY |

Question reposted with more information: This is a debt collection case in which a motion to dismiss amended complaint was denied by the magistrate judge in which the district judge also adopted the R&R. The defendant did not object to the magistrate decision but wrote a formal letter to the district judge stating they didn't agree with the R&R but however stated "In the event any claims asserted to the Amended Complaint of plaintiffs remain after the court decides the motion to dismiss, defendants will address such claims in a Motion for Summary Judgment".

Attorney Answers 2


  1. It seems like the Defendant may be preparing a Motion for Summary Judgment, though it is not a guarantee. If you do not have an attorney, hire one as soon as possible because defending dispositive motions is a comprehensive and sometimes difficult task. Good luck!


  2. The case will move forward to discovery.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.