New York Judge Loretta Preska has insisted the suit must contain specific factual evidence of the villagers being misled before it can be pursued any further.
Lawyers last month filed the $30 million case against 20th Century Fox on behalf of Nicolae Todorache and Spiridom Ciorebea, residents of Glod, Romania.
The pair allege residents of the town, who were used as stand-ins for Kazakh nationals, were duped into appearing in the film and paid just $4 for participating.
However, 20th Century Fox attorney Slade Metcalf denied the allegations, insisting any papers relating to the villagers should not be released for scrutiny, so that opposition lawyers can search for a breach of contract.
Metcalf also rejected claims villagers had been bribed by the movie's representatives to keep quiet.
Speaking in November, resident Dana Luca, 40, said, "We thought they came here to help us--not mock us. We haven't got anything here. We haven't got running water. We can't even bathe. We are poor people, but we are still people."
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