- John E. Deaton confirmed that he will re-file the motion to intervene in the Ripple vs. the SEC case.
- Deaton claimed an exemption, which was denied by Judge Torres. However, no deadline was or can be missed.
After Judge Torres denied attorney John E. Deaton’s motion to intervene yesterday, “without prejudice to renewal in a motion that complies with Rule III(A) of the Court’s Individual Practices in Civil Cases”. There has also been some doubt as to what will happen next with respect to Deaton’s efforts on behalf of the XRP community.
To clarify what happened, Deaton now spoke out in an interview with the ON THE CHAIN YouTube channel. In addition, Jeremy Hogan also stepped forward to calm the heated discussion about whether “all is lost.” Hogan tweeted:
Attorney Deaton’s “Motion to Intervene” is not DOA. The Judge basically said he has to submit a letter first telling her what he is going to file, before he files it. It’s a local rule and, honestly, not very common. The motion can and will still be filed.
For his part, John E. Deaton sharply criticized a Cointelegraph article for claiming that there is a deadline to file the motion to intervene:
Where they’re saying that the SEC won an extension to respond to my motion to intervene. As I pointed out, why would you need an extension when something has already been dismissed. There’s nothing to reply to. She dismissed it without prejudice. […]
In that article they’re saying that if we don’t get this extension, then XRP holders will be denied a seat at the table, forever. […] And it’s the most ridiculous thing I’ve ever heard.
As Deaton further explained, the intervention can be filed even years after the lawsuit is filed. In that respect, there is no deadline. Further, Deaton also laid out from a legal perspective why his motion was denied. According to the court’s local rules, a pre-motion letter must be filed.
Deaton wanted to claim an exception because further delay could result in a “loss of rights.” However, Judge Torres declined to do so, so Deaton will now file the pre-motion letter. “It will be refiled,” as Deaton clarified. As to what will follow, the attorney explained:
When it gets refiled and if she rules, I believe that we meet all 4 factors of intervention. […] If she agrees and allows us to have a seat on the table, then what we do is file basically a motion for summary judgement, a claritory judgement where I will go around, asking people how XRP is used […] and overwhelm the court how this asset is out there in the world, independent of Ripple. And there’s no basis in law that you can SEC that this is a security.