- John E. Deaton has commended Coinbase’s filing in case with the SEC.
- Deaton praised other lawyers he met on Twitter, including Ripple’s legal team and Paul Grewal.
- Coinbase filed a “motion for judgment on the pleadings” under Rule 12c.
Foremost crypto lawyer, John E. Deaton, has praised the filing by Coinbase’s lawyers in the ongoing case between the crypto exchange and the Securities and Exchange Commission (SEC). Deaton commended their efforts while acknowledging other legal experts he met on Twitter, including Ripple’s legal team and Paul Grewal.
In their opening, Coinbase’s lawyers informed Judge Failla that it intends to file a “motion for judgment on the pleadings” under Rule 12c. The move surprised many who expected them to file a motion to dismiss under Rule 12b.
That means in judging the case, the judge may consider other pleadings filed in the case, which would include the defendant’s Answer to the Complaint. Unlike in a motion to dismiss, where the judge may only consider the factual allegations in the Complaint and any documents attached to, or referenced in the Complaint.
Coinbase filed its response 40 days before the deadline. The 177-page filing included a lengthy “Preliminary Statement” spelling out its legal arguments for dismissal of the case. It also included links to several documents and transcripts to support its arguments.
Coinbase included links to the Bitcoin Whitepaper, Coinbase’s S-1 Registration Statement, transcript of Chairman Gensler’s May 6, 2021, Congressional testimony, remarks from Hester Peirce, transcript of Binance TRO hearing, and the famous Hinman emails.
Analysts believe that the content of Coinbase’s filing is a creative strategy that allows it to get documents helpful to its cause in front of the Judge through the Answer.
Coinbase’s next appointment with the judge is on July 13, in a conference to determine whether it will be permitted to proceed with its motion for judgment on the pleadings at this time. The judge will most likely grant the permission unless the other party offers a significant reason not to do so.
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