Smartmatic’s dreams of a big settlement payday from Fox News suffered a big blow Tuesday when a New York judge ordered the company to produce real evidence it suffered any actual economic harm from the allegedly disparaging remarks made by on-air Fox News talent after the 2020 elections.

The judge’s order comes just weeks after Fox News filed a motion to end the lawsuit on the grounds that Smartmatic did not have a good reputation worth anything before Fox News talked about it. Under New York law, in order to win a defamation case, a plaintiff must first show that it suffered economic harm from the defendant’s allegedly false statements. The judge’s order seems to be agreeing with Fox’s motion and would require Smartmatic to prove damages before further discovery can continue.