Pebble Tech is insolvent[1]. Even if they were successfully sued, there's no money to collect. One would have to go after the management personally, or try to prove that Fitbit's acquisition of key assets should really be considered acquisition of the whole company, including obligations.
A lawsuit may be able to get you an order to stay dissolution from a sympathetic judge - then what? In bankruptcy, you're dead last behind vendors, creditors, employees, etc.
