Read it Again. "Either side can ask for a summary judgement" which would be in effect a dismissal of the case for Fusz (or a win for the plaintiff) depending on how the Judge ruled. So that still could happen, but as you do not know all the facts, at this time, it is premature to say it will not happen. Rory said he would give them an opportunity to "withdraw from the case" which still could happen, based on what Rory intends to produce. It is too early to call this an empty threat. The Discovery period allows each side to gather information from the other and once this is done, based on the information gathered, either side could ask for a summary judgement. The next step, if that does not happen would be mediation.
It was interesting to me that the Judge in her Response letter to Fusz asking for a meeting to discuss a motion for dismissal, did not accept their argument, because they erred in their calculations for one thing and also she was very clear on how established formulas were used in her decision. This tells me she is likely going to agree with Fusz regarding the math error EMA is using to make their case. Also, the timeline sets a definitive end to this case towards the end of the year. All well done and going well in my opinion.
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