Question: Dr . Otto was served with a malpractice lawsuit based on allegedly removing the wrong organ during a triple organ transplant. Following discovery, it becomes

Dr. Otto was served with a malpractice lawsuit based on allegedly removing the wrong organ during a triple organ transplant. Following discovery, it becomes clear that the plaintiff, John Doe, has no credible evidence against the doctor, and that no reasonable jury could rule in John Does favor. How should Dr. Otto's lawyer proceed?
Multiple Choice
The lawyer should make a motion for summary judgment.
The lawyer should make a motion for additional discovery.
The lawyer should make a motion to amend the answer in order to make a motion to dismiss.
The lawyer should file a motion for judgment on the pleadings.
The lawyer should proceed to trial.

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