Yes, evidently they are trying to fight it. But unless they've come up with a brilliant argument nobody's ever thought of before, it won't get them anywhere.
The request for summary was submitted to the SEC Judge by the SEC Attorney but still must be granted or ruled on by the assigned Judge. Think of it in the context of a Military Trial. Both The prosecuting attorney and the defense attorney work for the Judge Advocate General but the presiding Judge must still rule on the matter. In this matter it's the SEC prosecutors vs. the private sector legal team. It sounds like it's just running its inevitable course.