Perhaps Megas is using this suit in District court as a vehicle to obtain legal information - the kind that cannot be contested in a Federal court (such as the civil Pino case).
Once Megas has collected the information from the legal summons, what is to stop him from dismissing all charges/claims without prejudice and then making a new motion in the Pino case. Seems Megas could find several ways to integrate these now proven unregistered shares are flooding the market..... and ask a Federal judge to have them cancelled.
Megas would be able to prove - beyond question - that there are millions of unregistered shares on the market, directly as a result of the actions of Pino..... and sue for additional damages.
Megas may have abandoned the concept of 'naked shorts' because it is basically unprovable (historically). So perhaps his court stance is to claim - and prove - that the shares really exist.... and they are unregistered
I believe such a tactic might very well succeed. A Federal judge can certainly order that unregistered shares be cancelled.