they are included in the current OS, yes. the complaint seeks cancellation of 54.45M shares. https://drive.google.com/file/d/0B5bUuWrhDSWTVHBRaG5DVXFWVmRGMVM5UzRfd2JybzRnX1BR/view the financials can be done as-is, with a footnote stating a suit was brought, which could, if successful, reduce the OS. companies do this all the time.
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