I have now read Kreep’s response to the discovery stay motion and I see that he also addresses the issues raised by the U.S. Attorney in the motion to dismiss. He and/or Orly will still need to file a separate document formally responding to the motion to dismiss, but at least Kreep has done the work needed to state an argument.
What's that old saying? The more paperwork to cover your @s$ the better. The courts like paperwork.