he would have already dumped it
WRONG. The judge does not get to 'dump' anything as long as DBMM wants to follow due process the judge has to let them. remember too that wasting time to think of yet another excuse is the company's MO.
AS, I, SAID - Filing the super is great to continue their case, but the content of said super needed to be very strong, which anyone looking with a objective mind will see that its not. It reeks of desperation and faint hope.