Highlights
- Ripple and the SEC have refiled their joint seeking an indicative ruling.
- They are asking the court to dissolve the injunction against the crypto firm.
- The motion also requested that the court order the release of the $125 million civil penalty from escrow.
- Both parties agree that the SEC should receive $50 million while the rest goes to Ripple.
In the latest development in the XRP lawsuit, Ripple and the SEC have again filed a joint motion before the court, seeking an indicative ruling that would validate the settlement agreement. The parties have again asked that the judge remove the injunction and order the release of the monetary judgment.
Ripple and SEC File New Motion In XRP Lawsuit
In an X post, Journalist Eleanor Terrett revealed that both parties have jointly requested a Manhattan District court to dissolve the injunction in their long-running legal battle and also release the $125 million civil penalty against Ripple from escrow.
As part of the settlement agreement, both parties propose that the SEC receives $50 million out of the sum, while the remaining returns to Ripple. This comes as both parties look to finally resolve this and end the ongoing appeal and cross-appeal cases.
As CoinGape reported, both parties were facing a crucial deadline in the XRP lawsuit on June 16, which is when the SEC would have had to file a status report on the motion it had earlier filed in the District Court. However, with this move, they could seek an extension as they look to resolve the case rather than proceeding with the appeal.
According to the filing addressed to Judge Analisa Torres, Ripple and the SEC argue ‘exceptional circumstances’ as to why the motion should be granted. These circumstances include the settlement, the SEC’s shift in crypto policy, and the desire to avoid further litigation.
In her May decision, where she denied the earlier motion for an indicative ruling, Judge Torres had stated that the court only grants relief from judgment under the Deferal Rule of Civil Procedure “only upon showing of exceptional circumstances.”
This explains why both parties have gone on to highlight the exceptional circumstances that exist in the XRP lawsuit. However, it remains unknown if Judge Torres would grant the request for an indicative ruling this time around.
Expert Comments On Latest Development
In an X post, legal expert Fred Rispoli opined that he doesn’t like the latest filing in the XRP lawsuit based on how obvious it was from Judge Torres’ last ruling that she was “pissed.” He suggested that the arguments from parties weren’t convincing enough, as they wrote just one paragraph on other SEC dismissals and a “paltry mention of the SEC crypto task force.”
He admitted that they cited enough case laws for the court to grant the motion, but added that they did so in the first motion, and Judge Torres denied their request. Rispoli remarked that a grant of this request is at the judge’s discretion, and he doesn’t think the argument in the latest filing is enough to convince her.
Whatever happens in the XRP lawsuit, the lawyer believes that the injunction in place is not a “death knell” for Ripple.” He stated that the crypto firm can still sell XRP to institutions, just not in the same way it did before 2018. Rispoli added that conservative institutions will be hesitant to partner with Ripple, but he doubts forward-thinking ones will mind.
Amid this development, the XRP price is trading at around $2.19, down over 3% in the last 24 hours. CoinMarketCap data shows that the trading volume is also down over 8%, with $2.68 billion traded during this period.
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