On the contrary. The Motion to Dismiss has been decided. Albright has given Intel time to prepare an Answer. Intel is acting like a petulant child and delaying. Albright, being the fair and impartial judge that he is know to be, is giving Intel lots of time. Perhaps too much time. But at least Intel can't claim him being impartial.
HDVY, tired of waiting and tired of Intel's games, has called them out in the scheduling order. And eventually, Albright will file the Motion to Dismiss denial anyway. As again, an Answer is not required.