I don't see that happening. After reading the 13D response to CytoDyn's lawsuit, in my opinion it appears very flimsy at best. It looks like Sidney Austin nuked them, and the 13D gang are now throwing spears and arrows. I've also noticed that many of the 13D'ers have gone silent with the exception of a couple that continue to pop up and throw spitballs now and then. They won't admit it, but I think most of the 13D support group has thrown in the towel, or at least tossed it in the air and waiting to see where it lands.
The vote will happen, and the shareholders will get to decide.