Sue her for what exactly? It would cost more than Vic would get in a judgment.
I don't think it's about the attorney costs-- for example, though inherently necessary, Vic is suing people who very much don't have the pockets that Funimation has, in addition to Funimation. BHBH's strategy is either to get Funimation to settle and have the rest of the defendants fight each other, or tie Funimation by way of civil conspiracy so that they'll be doing the payout and then sue the defendants for their share. Alternatively, they'll just each do their own payouts. Likely, though, everyone that isn't Funimation will be sipping lien for a while, and the verdict that leads to that as that itself are meant to be messages sent concerning Vic's judicially determined innocence.
Of course, I'm not a lawyer, but I imagine that the question to be asked is whether or not including people like Saucedo and Cooke in round 2, along with the other people they intend to sue then, will cost more money than its worth. To the untrained eye, if they just
included them, whatever additional costs may be justifiable in the interest of being complete with the further shutting down of the joint effort to defame Vic-- and the threat of lawsuit would invariably make Saucedo and Cooke fold into immediate settlement, if only in the form of public apologies and retractions. The former isn't even interested in making #kickvic videos to "dispel information" despite announcing the need for such videos herself, and the latter has been fighting tooth and nail to disassociate herself from the mess she heavily contributed to.
But BHBH would have to be prepared for them
not to immediately fold, because it would reflect poorly on them in general but also in the lawsuit if (and this is even if they can, at that point) retract VIP invites from certain parties. While the pleading wouldn't cost much more manpower from the inclusion of such parties, they still need to produce likely specialized interrogatories for them, do depositions for them, and ultimately spend more time deliberating because they have to deliberate about more people-- and if they have to do motions against individual parties, that's more people they have to worry about.
There's a cost-benefit analysis to be done, especially when you're not just worrying about money, but also about the immaterial gains (such as restored reputation). There would also be a monetary risk being taken, if they can't just tie everyone up with a neat bow.
