I was close! On Sunday, court swami said a judge would toss Sen. Dan Lederman's lawsuit against Daniel Willard and other as yet unidentified robocallers. Today, Second Circuit Court Judge Stuart Tiede didn't toss the suit... but he "peppered Lederman’s attorney Joel Arends with skeptical questions":
...Tiede said it seemed only the secretary of state or prosecutors could use the courts to enforce election law.
“This is not the attorney general bringing an action on behalf of the secretary of state to enforce campaign finance laws,” Tiede said of Lederman’s lawsuit. “This is a private individual, essentially becoming a private attorney general to enforce campaign finance laws” [David Montgomery, "Judge Skeptical of Lederman Lawsuit, But Grants Delay," Political Smokeout, 2013.04 29].
Judge Tiede also said the affadavit filed by Lederman's lawyer Joel Arends last week smells like "inadmissable hearsay"... which is just what the state rep Lederman and Arends sought to smear, Stace Nelson, said about their stunt.
Mr. Montgomery reports that Judge Tiede gave Lederman and Arends more time to offer evidence, but he is keeping Willard's motion to dismiss the case before him. That's not a loss for Lederman, but it sure doesn't read like a good day in court.