One principle in courts is that before you can sue for damages you must at least demand relief. I reckon Ms. Phelan is acting according to lawful principles, even if government and courts do not. I wouldn't hold my breath waiting on criminals to act lawfully, but their failure to do so after the demand of their victim they do dispels any potential to dissemble and feign nescience of harm they were committing. In the event action can be brought before a just court, this demand provides a stronger case for relief at the bar.

Thanks!