Although the pragmatic function of a motion for judgment as a matter of law is to allow the opposing party to cure any defects in the case before presented to the finder of fact, the deft here was not prejudiced by the granting of the motion without receiving an opportunity to cure the defect, as no proof would have been possible.
http://www.ca5.uscourts.gov/opinions/pub/15/15-30169-CV0.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.