Obviously you haven't really been following the case that closely or you would know that the short position talk in the filings was completely bogus and without merit. It was spread by shareholders and insiders wanting to make the dumb believe that there was a short position.
The court plainly stated that if this allegation was true then the shareholders themselves need to pony up the money to prove it....in other words they were told to bugger off as they were wasting the courts time.
The REG SHO listing that Spongetech had was due to them flooding the market with unregistered shares sold illegally