1. With respect to the Petitioner's Seventh Amendment rights, does the judge(s) have to be convinced about legal theory which remains viable under the asserted version of facts that the Petitioner puts forth in defense of a Motion for Summary Judgment re: Statute of Limitations in order to be permitted to advance to trial by jury?

2. Does the judge(s) get to dismiss the facts as provided by the Petitioner as not being hard evidence because they are not convinced of the Petitioner's legal theory?

Does the judge(s) have to be convinced about legal theory which remains viable under the asserted version of facts that the Petitioner puts forth in defense of a Motion for Summary Judgment re: Statute of Limitations in order to be permitted to advance to trial by jury?