I agree in regards to no hearing, once again, MTD will be denied, if it's granted, then you can kiss this stock goodbye.
Arbitration is always mandated, why even bring that up? They won't arbitrate, they may mediate. It's way too expensive. IBM does not have a history of using arbitration either and arbitration is no longer a favored means of resulting legal disputes because you can't appeal and arbitrators try to make both sides happy, rather than rewarding the proper party based on the merits of the case. This will stay in court, especially due to the alleged monetary damages involved.
Parties schedules rarely affect the judges Scheduling Order. Judges have set Scheduling Orders, which rarely change and are according to their schedule and not by the parties suggested schedule.
