On reflection, there's been a lot of sloppy work from Crytek's lawyers. Which makes me wonder: perhaps they know something we don't (perhaps from inside info from their former employees), which couldn't be divulged without questions being asked about the source of the information. So perhaps a lot of these legal shenanigans are all about getting to Discovery so they can then start taking CIG to task once they have the evidence they needed.
It's a bit of a conspiracy theory, but remember CIG have done everything they can to postpone the Discovery phase. CIG even offered to settle early on. Makes you wonder what they have to hide - although I think we've already got a good idea.