I believe ohm is right (again). 5% is claiming the 13D group can nullify the Sidley Austin letter by a mere procedural response to the SEC. I would be interested to see a citation to the SEC rule or regulation that could conceivably lead to that result.

This Bylaw compliance dispute is based on disputed facts, which would require a fact finder to resolve. The only means I'm aware of by which a governmental administrative agency resolves disputed facts between adverse regulated parties is through a fact finding hearing, presided over by an administrative law judge, with right of appeal to the commission itself. This is not a process that can be initiated and completed within 3 months, and I doubt the SEC has injunctive powers.

I would be happy to review any SEC rule or reg citation that 5% can provide, but I don't intend to spend time looking for what I don't believe exists.