If you simply reply on the automatic expedite NC, and do not want to do your own home work, yes, forget it, it wont work any more. That is exactly USCIS/FBI/USA want, and many people will follow you, and they can just relax and laugh. They can simply file "motion to dismiss" or "motion to remand to USCIS", and you get square 1.
But if you do not stand up to fight your right, who will?
You need to prepare well for your "objection" for their motion, and you need to convince the judge why the case cannot be dismissed. You need to know, the majority of judges deny USA's motion, and issue in favor of plaintiff. If you got one of them, sorry you got bad luck. But the majority of judge/court still is in favor of petitioners, so it is your job to convince judge.
Life is not easy, but happiness comes out of sorrow is really something enjoyable.
Only my 2 cents.