I'm not sure the case can just be dismissed. If that is the case, it would already had been dismissed. It doesn't need all the delays.
To dismiss the DE case, one would have to claim as a DE registered company, its corporate structure does not matter and it doesn't need to obey the rule set forth. That's a tough precedent to set.
The company exists and its shares are still traded. So the company and its shares exist legally. No one can dispute that. While the company's equity is being drained or swept but it has not filed for bankruptcy yet.