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A US District Judge denied an investor's effort to move a lawsuit against the Ripple payments firm to a lower court.
Judge Phyllis Hamilton of the Northern District of California denied the motion of Ryan Coffey to postpone his case to Ripple Labs and affiliates the entities return to the Supreme Court of San Francisco after Ripple has escalated the case to the District Court of the States United States, court documents published Friday reveal.
Coffey quoted Ripple at the beginning of the year stating that the XRP cryptocurrency is a security controlled and issued by the company.
Coffey argued in his motion to postpone that "cases arising under the title law may be brought to state court and are expressly non-removable by the state court".
However, Hamilton noted that the precedents and rules cited by Coffey do not necessarily apply, and a federal court can substitute the state court regardless of whether XRP is a security because of the "national" nature of the cause of Collective Action [19659002] Ripple uses the same argument in other efforts to move cases to other positions. The legal documents filed last Wednesday show that the company filed a complaint to remove the suit presented by the investor Avner Greenwald at the beginning of this month. This case was filed with the Superior Court of San Mateo, as previously reported, but Ripple also wants to try this with the Northern District of California, still citing the "national" nature of collective action and the thesis that damage could be over $ 5 million.
Similarly, the San Francisco-based company presented itself last week to coordinate the lawsuits brought by Vladi Zakinov and David Oconer, noting that these cases involve the same problems as Greenwald.
If approved, this would allow the different cases "to be brought together in a court", according to the California Courts website.
The plaintiffs will have the opportunity to respond to motions before a judge assesses whether to approve them.
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