Often times after the declarations have been submitted and the amended complaint already argued and still waiting for the judges decision, and the opponent has complaiined about some legal technicality in argument such as discovery or discovery jurisdictional discovery or somethiing similar, the defendant or plaintiff may find them selves in limbo about where to proceed from there . Obviously the answer can be a little confusing. Sometimes it depends on the Court. Or the judge. Well, U.S.District Court is a little less haardous then say superior Courts or Municipal Courts. Alright...For the sake of Argument  we will Choose U.S.District Court. Now...The Declarations are  in ARE IN -THERES BEEN AN AMENDED COMPLAINT AND THE DEFENSE GOT CAUGHT WITH THEIR PANTS DOWN ON a DISCOVERY OPPOSITION MOTION, THAT DID NOT EXIST. WHERE,  OH WHERE  does the  plaintiff go from this Point. Does he ask for discovery..Does he ask for evidentiary hearing. Or does he go for Summary Judgement. Maybe you have another Suggestion.