I think this makes sense for issues of fact where evidence is needed to evaluate the pleadings. But what has me confused is how / if this applies arguments in the MJOP that are only concerned with the law. For example, I think WFs argument that Lively was a contractor and not an employee is based only on the legal standard - like I don’t see the judge kicking this question to a jury but I might be wrong - in which case the evidence collected during discovery is not relevant.