I've forgotten the SEC and Exchange filing requirments. However, if they can't make the filing because of unresolved issues, they'll just issue a press release indicating their failure to meet the date, requesting an extension. SONS did this in 2003 and the stock has yet to see the 2003 $10 high.
I think for end of year it is 60 days for "accelerated filers" whatever that is. I think that you can report a late filing but I would hate to think what that would mean for the stock and would probably result in even more suits.