quincy
Senior Member
That is the type of question that is impossible for any of us to answer, Paul.Exactly a year to the day after the filing of the defendants' motion to dismiss, and one day after I filed a letter-brief asking for discovery to start, despite the pending motion, a magistrate judge issued a 105-page report & recommendation ("R&R") dismissing all but one of my claims. As you might expect, I found the R&R biased: it contained material errors, omitted material facts and mischaracterized others, while adopting a skewed interpretation of various legal issues, using tortured logic. Virtually the entire text and language of the R&R to dismiss one of the claims could even have come straight from the defendants.
I have two weeks to file an objection.
Question: What's the likelihood of the case's new presiding judge, appointed less than a year ago to the bench, of over-ruling a senior magistrate's R&R: close to zero?
A 105 page report and recommendation, huh? Geez. If there are material errors, however, and you have the time and energy, you could file an objection.
What claim survived?