Just an FYI, I don't have the document you're talk

Just an FYI, I don't have the document you're talking about, so I cannot comment on what comment the judge made "in effect". But keep in mind that just because a Motion to Dismiss is denied does not mean that the judge is telegraphing that the other side is screwed, it just means he/she believes there is potentially enough evidence to allow the case to proceed as it could go either way once ALL of the facts are presented.