In your opinion, if the Judges ruled in favor to vacate, would Bungie be entitled to appeal on the grounds they were denied a chance to show they have/had evidence(discovery) to refute the contract? which would mean even more delay time. Is the decision even appealable? Or are the Judge's decisions final? And is that the main reason you believe this is a remand scenario. I seem to recall reading somewhere that the parties would agree to all decisions of the court.