I doubt that this lawsuit will ever go to trial. Here's my guess as to how it will play out:

(1) Alaska hates bad publicity, so they'll pull out the big checkbook and attempt to buy off the pilot (or, perhaps both pilots).

(2) The FO wants the Captain's head on a plate.

(3) The FO's lawyer wants a new Lexus.

(4) After a suitable amount of posturing, hand-wringing, and arm-twisting, the FO will accept the settlement.

(5) BOTH pilots go back to work.

(6) Alaska Flight Ops management will issue a FCIF, reminding crews of the potential consequences of off-duty (layover) activities and their responsibility to be "fit to fly".