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

Asked over 1 year ago - 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. Eric Edward Rothstein

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.... more
  2. Edwin Drantivy

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . 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!

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