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Message: the bottom line as it were...

I believe the judge has discretion as to whether or not to wait for re-exam results. Probably not practical in the current case as the re-exam began after the case had progressed and could be considered an unreasonable delay adversely affecting the plaintiff.

A new case, with a new judge might very likely wait for the results of the re-exam as it's already progressed and the time line probably would not be considered an unreasonable delay.

Once again either way I believe it's at the judges discretion.

Coyote

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