Less than a day after the government said former trade adviser Peter Navarro would only return records from his time in office in exchange for immunity, a judge said she’d wait for the onetime White House staffer’s response before ruling.

In an order issued early Tuesday morning, Judge Colleen Kollar-Kotelly for the U.S. District Court for the District of Columbia said that she’d deny the government’s motion for summary judgment on Presidential Records Act claims filed against Navarro, which was filed in August. Her reasoning was based on the ally of former President Donald Trump’s failure to respond to the motion — let alone any other motion — in the dispute.