So is your thought that the judge inadvertently indicated he will find for discovery and then the defendant could appeal?
Actually, the opposite. In federal court, the normal rule is that the losing party can appeal only when the whole case is over. So an order denying the motion to dismiss and ordering discovery is not appealable-- the case is continuing. I think he may have inadvertently signaled that he is going to dismiss the case, because the plaintiffs could appeal that.