We're almost at the end of the beginning. 4 years. Russhole has delayed this shit for 4 years until Hardin reached out (after hiring a fucking PI) to Russ's witnesses to subpoena and depose them, they discovered they were on a witness list of a lolsuit, and Russ panicked and fucked up and mentioned he has no witnesses and no evidence.
Actually, I'm not quite certain what case he has at that point. Like, I mean, procedurally. Not merits. "I'm suing you but bringing literally nothing to the courtroom to have the truth of it evaluated." Ok, what then? He comes out, shovels pity for a few minutes as an opening statement, rests his case immediately?
The Judge should immediately toss this. No evidence, no witnesses. What's left for a finder of fact to do?