They missed the deadline for submitting their settlement proposal to the new judge. It's not that they "didn't pay on time" because there was no payment due date. They didn't get that far.
Sept. 14th: Stay order "subject to compliance with the deadlines set forth in Rule of Practice 161(c)(2), 17 cfr 201.161(c)(2)."
Oct. 22nd: both parties wanted an extension to comply (the DEC would submit BIEL's signed settlement offer). The judge denied the motion and said that if they missed the deadline, they had to submit a proposal for further proceedings.
Nov. 19th: They missed the deadline and asked the judge for an extension to file the proposals for further proceedings. The judge granted them and extension to December 10th.
So it's not really a SETBACK as much as a DELAY. They might still settle but you can tell the judge is exasperated with both BIEL and the SEC. Now EACH has to submit their NEW proposal for how to proceed by Dec 10yh. Not sure what the problem might be or which side is dragging their feet. Maybe both. They'll end up in court again if they're not careful.
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