you have never met Judge Carter. He speaks his mind and has no fear of refering to nuances which have prevented the case from being heard till now.
It doesn't matter which judge it is, or how outspoken the judge is, NO JUDGE would EVER say anything even approaching “nothing will be dismissed on procedural grounds,” particularly at such an early stage (before any procedural issues - other than service of process - have been raised). No judge would say such a thing, because any judge who DID say such a thing would be violating their ethical duties as a judge - it is simply impermissible for a judge to state how he would rule on a motion before that motion is made, and by saying "nothing will be dismissed on procedural grounds," the judge would effectively be saying "any motion to dismiss on procedural grounds would be denied."
Making such a statement would not simply violate the judge's ethical duties, but would also, quite likely, violate one or both of the parties' Constitutional rights - many of the "procedural" rules that govern litigation are rooted in due process, and if any judge were to say that he would not dismiss an action based on procedural issues, that judge is effectively saying that the Defendant's due process rights are unenforceable
As much as I admire Orly for her persistence, the more I hear from her, the more incompetent she appears.
>you have never met Judge Carter. He speaks his mind and has no fear of refering to nuances which have prevented the case from being heard till now.<
Thank god!