Thread by @JohnEDeaton1

NEVER BELIEVE THE FUD

Judge Torres’ local rules requires a pre-motion letter before you file a formal motion. There are a few exceptions that allow you to skip the pre-motion letter and directly file the formal motion. One exception is when you believe that a delay might impede

https://twitter.com/attorneyjeremy/status/1371926971068846083

your interests. I filed the formal motion arguing a that a delay might impede our interests.

Judge Torres dismissed the motion to intervene because she clearly disagreed that a delay would impede our interests. But she dismissed it WITHOUT prejudice and instructed me to refile

it in accordance with her local rules - meaning I needed to file the pre-motion letter first and let @Ripple and @SEC_News respond to the letter. The media and alleged legal experts rushed to say that our motion was quickly denied and we were

cointelegraph.com/news/judge-den…

going to miss the deadline to add new parties. Clearly, these people have NEVER tried a real case. The deadline to add new parties is a deadline imposed on the existing parties NOT potential intervenors. In my pre-motion letter I cite a case from the SDNY that allowed

intervention a year after the filing of the 2nd amended complaint. There is a case in Pa federal court that allowed intervention 7 years after the case was filed. What’s ironic is that I referenced the new parties deadline only to show the Court that our motion to intervene was

SO timely that we met a deadline in the case that didn’t
even apply to us!!

Likewise, in my pre-motion letter filed today I referenced that deadline and say “our motion is so timely that we practically met a deadline that doesn’t apply to us.”

But that type of legal analysis

is a bit too deep for some folks. I give props however to @attorneyjeremy because he did attempt to limit the fud being spread.

Ask yourself this: if the judge dismissed the case and we had no chance why would the docket look like it does below?

Notice above that the SEC made a filing error with Complaint as the very first entry on 12-22-20. Sometimes we make technical and judgment errors.

In life we WIN and we LEARN. The judge denied my pro hac motion because my certificates of good standing from each bar were not

attached (due to delays, etc). I’ve been admitted pro hac vice many times and in a total of 10 different states but it was always in state courts, not federal courts. In the past, state judges have not denied the pro hac and held a ruling in abeyance until receiving the

certificates of good standing. The SDNY clerks immediately denied it because of the error in not attaching the certificates. Thus, we learned that the SDNY and Judge Torres are very much rule oriented. I respect that. The rules are they for a reason and no exceptions will be made

even for out of state lawyers who do not practice routinely in the SDNY. Lesson learned.

I spent more time on the 4 page pre-motion letter than I have on a 40 page memo. Her rules say that normally it shouldn’t be more than 4 pages. I noticed that the Ripple and the SEC

pre-motion letters didn’t have one word on the 5th page. I followed the way that a Ripple lawyer did one letter so I had the footnote at 10 font and the rest of the letter at 12 font. I was done and ready to file, but said I better read those local rules one more time. And even

though the SDNY rules state footnotes should be 10 font, Judge Torres’ rules state that she wants the footnotes to be 12 font along with the rest of the letter.

Once I changed the footnote to 12 font my pre-motion letter was now two lines too long on the 5th page. 😭

The point is I didn’t lose before when my motions were denied, I learned something.

And I hope all of us also learned that just because something is said in an article doesn’t make it true. And just because a lawyer (including me) says something it isn’t one bit better or more

accurate than your statement or opinion.

I make no prediction about our chances with the motion to intervene. I believe we meet the standard. But that doesn’t mean we will be successful in our intervention. All we can do is fight back until we can’t.