Any judge in their right mind would dismiss this case.However , any judge in their right mind would also realize that both parties have a great deal at stake on the judge's decision.
The judge therefore can reasonably expect an appeal to be filed no matter what their decision.
That said,on dismissing this case,the judge will want to carefully word her decision in such a way as to make any appeal arguments appear "futile" or baseless to an appeals court so as not to have her decision reversed.
Otherwise the judge could have rendered her decision weeks ago.

In this case I believe that the longer the wait,the more favorable the decision (especially if it is going to be "with prejudice".

Kelt