Lawsuits don’t generally just throw themselves out. You have to pay a lawyer to show up and ask the judge to throw out the lawsuit on account of the fact that you don’t host the thing, or whatever the reason is.

Judges don’t go out and do research; if one side’s lawyer says Whirlybird runs The Pirate Bay out of their kitchen and the other side’s lawyer isn’t there, then the court is going to proceed as though that is at least plausible.