You are confusing yourself by calling documents filed by the parties a "statement".

Lawyers do not call a Judge on the phone and talk to her about their views of the case. Nor they write "statements" with no objective in mind.They "File written documents", asserting their position, and requesting remedies that seam to be justified by the FACTS of the case. As a general Rule such documents are deamed to be a MOTION...

The Judge in this case made a RULING. She went out of her way to write that she was not RULING for defendants per se. She asked the parties to enlighten her...

The Joint what ever you want to call it, specifically stated that DM disagreed with the RULING issued by the Judge, and requested a REMEDY by the judge in the form of a RULING expressing her view of 737...

All this was not idle chatter by DM they have a pupose. They have complied with the Judges request that she be enlightened, and they have ASKED for a RULING on 737, the refusal of which in itself will be a breach of a substantive right of the plaintiff, laying a basis for an appeal before a FINAL post trial decision by the Judge in this case.

Hope thhis helps...

Gil...