HHGamble: Judge Noreika can't be pleased that one side in a proxy BOD election dispute has attempted to obtain votes for its candidates before she has even finalized the briefing schedule for the parties' cross motions for preliminary injunctions to decide which candidates can be on the ballot.

Having not practiced securities law, and although having not recently attempted to become thoroughly conversant with the myriad details of the Securities Exchange Act, nor the numerous rules and regulations relating to its provisions, I would nevertheless hazard an educated guess that, barring the existence of some explicit authority allowing the subject solicitation during the litigation (which I doubt would exist), Judge Noreika will be favorably disposed to enjoining the 13D solicitation. That's my hunch.