You do not understand what a MTD is. The plaintiff does not have to provide ANY evidence. Anything he alleges is assumed to be true. The only issue is whether he stated valid legal complaint. He will later of course have to provide evidence to support his allegations, but that come in a later phase of the case - at the trial - not now.
seems that way but its still on going will just have to wait for the next shoe to drop . but not sure how much it will really affect the sp . were all really just waiting for approval .