I would just point out there is a very clear legal distinction between action and inaction. Further, all of this only applies to the issuance and proper service of an order compelling silence. I think the EFF’s common statement that if the canary requires affirmative action to not deploy the court is in a tough spot to compel that action. Also, I can say with a large amount of certainty, that no judge blatantly ignores procedural or semantic formalities out of hand. The judge in question may way the relevant factors and disagree with an argument, although some judges built caseloads of precedent on just such minor quibbles, but it is literally the judges job to at least consider a technical argument on its merits.