Why is there being no action taken to recover the alleged $250,000 + lost to MT GOX?

This is the class action lawsuit filed.
Here is the suit contact the court.
http://www.scribd.com/doc/209823896/Greene-v-MtGox (http://www.scribd.com/doc/209823896/Greene-v-MtGox)

Unless the Gox $250k was another lie?

and asking for it in court would be a felony?