i know enough about the law to know that if the defendant gets a ruling in its favor for summary judgement to dismiss this case - it is just about over for pip -meaning that there was NO bases to bring the case based on the filings and facts in the case. I am simply saying that granting the motion to proceed means there are FACTS IN DISPUTE THAT MUST BE HEARD AND RULED ON.
In a normal 12(b)(6) situation, I'd say you're correct and that this was purely procedural.
But here, this is the second SJ motion. Discovery is done. Thus, the SJ motion will basically lead to the outcome, as this judge will sit as fact finder and in law, as there is no jury. In this contract dispute, this SJ motion will basically lead to the winner.
No way would the judge deny a motion for SJ, then right away rule for the filer of the SJ without new information, and trial will not produce that as Discovery has already yielded all the fruits available.