Fortunately, the ONLY entity that gets to decide if a company is current in filings is the SEC Div of Corp Fin's! I don't get to decide it, YOU don't get to decide it....NO ONE HERE gets to decide it.
The Senior accountant (Robert Shapiro) of the Division of Corporate Finances has come right out and said that DBMM is NOT CURRENT in their financial filings. Specifically since the amended comprehensive filing ("Super 10K") was made.
In that comprehensive filing, DBMM neglected to include financial numbers from previously delinquent Q's, as required by regulations governing the formation of comprehensive filings.
Secondly....this is not being governed by any "court". This is currently a matter internal to the SEC.
DBMM has NOT done everything that the Div of Corp Fin's has asked them to do. If they HAD, then this would have been over LONG AGO.
As of now seems like SEC is just put $DBMM on an ignore status ,they probably trying to kill any anticipation of what we already know Carol Foelak ruled. $DBMM