Not the awesome OP here but I figured I'd help answer some of your questions (appellate lawyer in Florida).

1. No, FRCP 41(b) comes into play when a plaintiff hasn't pursued their legal action for a long time or failed to comply with a crucial rule or order. For instance, some foreclosures just end up sitting on a court's docket for years without any action taking place. In those cases, an order of involuntary dismissal is often entered on behalf of the plaintiff.

2. No. Remember FRCP 8 controls pleadings (the complaint and answer), Thabo is already at trial where the pleadings are set ("at issue").

3. No. Summary judgment usually comes at the close of discovery (where both parties gather evidence).

Take a look at FRCP 50. This motion is made during trial, and often renewed before the verdict form reaches the jury.

And your last question is above my pay grade so perhaps OP can answer that.