NS-I agree that judges usually side with the magistrate's report,
however reading the transcript, it seems that either:
(1) he never read the report--which might be true, since he was lacking a lot of info and details; or
(2) He disagrees with the report---as he seemed to side with hickma's attorney consistently, and grilled amrn's lawyer until the end.
I disagree with your second point, b/c Judges do not take into account the shifting of burden issue, when they decide a motion to dismiss.
Like you say amrn has bad luck with judges--we needed Hall to take the case--not andrew. His questions were outrageous--and seemed over his head here.
And this is a very strong case for us--imagine if it was borderline.....
eie