I look at it the other way around. Everything else has now been to be determined pled correctly. The meat of this case is loss causation. If plaintiffs can show how this was formulaically derived, the nail is in defandants’ argument's coffin before even going to discovery. If plaintiff can’t show it, the nail is going into their arguments’ coffin. Imo.
IMO, the magistrate and judge figured out how to shorten this case.
The defendants will be given time and scrutiny by their experts regarding the formula before trial . That’s the natural course of trial . It doesn’t make any difference .
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