"The game isn't over yet.'
It's incomplete...and not fully litigated as far a Colorado goes.
Thing is, the current judge is over looking that incompleteness...
I see it as just plain bad luck ... I wonder what would have come about had that Phillips issue not come ito play?
IMO, the comment made just did not come off right, and after the fact, DM knew it and pulled back.
There is no recourse of the Colorado issue, because it's incomplete.
doni