"...my view of the case is if proof is not offered specifically that fraud occured during the period of the suit the requested Summary Judgement will be honored."
Do you really think they will have to PROVE their case before they are allowed to have a trial. My understanding is they will have to convince a judge there is enough reason to proceed. The fact that the Amex, who had oversight during this period just rendered such a scathing report could be significant. It is up to the judge to decide what is relevant and what is not.
Besides, you don't know what sort of "PROOF" the Amex has...