No. He did not. Judges do not "invite" litigation; that's completely a rumor. Gibbs filed a petition for a TRO (based on "new evidence") with the federal district court early this afternoon. Judge Whittemore was assigned the case because it is "continuing jurisdiction." He set a briefing schedule deadline of 3:00 pm, and a hearing time of 6:00 pm.
And if this goes like it did two days ago, he'll take another freaking 14 hours to issue a ruling.