The move could have been nothing more than a prod to remind the judge this is still on her docket. I agree with you that the 'safe" thing to do is deny the MSJ but given that this may be some sort of precedent decision, it has to have some gravitas to it. Regardless, enough time has elapsed even with the Bulger case in the mix and at this point WDDD could probably start to make some noise about being harmed given the delays...