I think stervc is probably right about that, PLUS...
I recommend reading the motion to dismiss and the associated statements. When you read that, I have a hunch it is entirely possible that motion will actually be granted, God willing.
If you followed the SubV activity, and especially if you listened to the final hearing on it, you discover that we are dealing not only with an attorney who is the "real deal" in terms of being a true intellectual with true mental clarity, principle, and integrity, but a court like that as well. This was no game playing attorney. There were no slick or clever "tactics." Nothing but truth and cogent and compelling presentation and analysis of facts and genuine logic. Otherwise it seems certain the court would not have ruled in favor of SubV to begin with. And if anyone recalls, originally it was looking pretty grim on the surface for SubV to begin with as it got to the home stretch as well.
The motion to dismiss the suit against DGTW holds the same kind of "real deal" genuine flavor in spades if you read it.