I clearly said notice you made it into motion, and yes the defendant can respond to a plaintiff's Notice of Supplemental Authority filed in support of the plaintiff's opposition to the defendant's motion to dismiss. Such notices are typically submitted to inform the court of new legal developments or authorities that may impact the case. While not always required, responding to these notices allows the defendant to address the relevance and implications of the new authority presented
So that could, as I said mean more delay in the decision on the MTD