在巨大的挫折中，Analisa Torres法官否认双方要求指示性裁决

在长期运行的XRP诉讼中，Analisa Torres法官否认双方对指示性裁决的要求。

Judge Analisa Torres has denied both parties’ request for an indicative ruling in the long-running case between the U.S. Securities and Exchange Commission (SEC) and crypto firm Ripple, according to a recent filing. The court outlined reasons and cited case laws to back up its decision to reject this motion, which would have ultimately put an end to the legal battle.

根据最近的一份文件，Analisa Torres法官否认双方在美国证券交易委员会（SEC）（SEC）与加密货币公司Ripple之间长期运行的案件中对指示性裁决的要求。法院概述了理由，并列举了案件法，以支持其拒绝这项动议的决定，最终将结束法律斗争。

Judge Torres Denies Request For Indicative Ruling In XRP Lawsuit

托雷斯法官否认在XRP诉讼中要求进行指示性裁决

Defense lawyer James Filan announced in an X post that Judge Torres has denied the motion by Ripple and the SEC for an indicative ruling. The court determined that the motion was “procedurally improper.”

辩护律师詹姆斯·菲兰（James Filan）在X帖子中宣布，托雷斯法官否认了Ripple和SEC的动议作出指示性裁决。法院裁定该动议是“程序上不当的”。

As Judge Torres explained, the parties have to make such a request under Federal Rule of Civil Procedure 60(b), which governs motions for relief from a final judgment. The court further remarked that by styling their motion as one for settlement approval, Ripple and the SEC failed to address the heavy burden they must overcome to vacate the injunction and substantially reduce the Civil penalty.

正如托雷斯法官所解释的那样，当事各方必须根据《联邦民事诉讼规则》第60（b）条提出这样的请求，该要求统治了从最终判决中救济的动议。法院进一步指出，通过将他们的动议作为解决方案批准，Ripple和SEC未能解决他们必须克服的沉重负担，以撤离禁令并大大减少民事罚款。

The SEC filed its settlement agreement with Ripple with the court last week. As part of the settlement in the XRP lawsuit, the Commission requested that the court vacate the injunction against Ripple and reduce the monetary judgment to $50 million from $125 million.

SEC上周向法院与Ripple提出了和解协议。作为XRP诉讼中和解的一部分，委员会要求法院撤消对Ripple的禁令，并将货币判决从1.25亿美元减少到5000万美元。

However, as Judge Torres noted in her ruling on the motion, relief from judgment under Federal Rule of Civil Procedure is granted “only upon a showing of exceptional circumstances.” She added that both parties have made no effort to satisfy the burden here, as their request doesn’t even mention Rule 60(b).

但是，正如托雷斯法官在动议的裁决中指出的那样，“仅在表现出特殊情况下，就授予了联邦民事诉讼统治下的判决。”她补充说，双方都没有努力满足这里的负担，因为他们的要求甚至没有提及第60（b）条。

It is worth mentioning that legal expert Bill Morgan had warned that Judge Torres’ decision on the request was still in the air. He stated that the judge must form a view that the settlement is in the public interest.

值得一提的是，法律专家比尔·摩根（Bill Morgan）警告说，托雷斯法官对该请求的决定仍在播出。他说，法官必须形成一种观点，即该和解符合公共利益。

What Ripple And The SEC Must Do Next

接下来要做什么波纹和SEC必须做什么

Legal expert Fred Rispoli explained that Ripple and the SEC will refile the motion under the correct rule. However, commenting on the wording of the court’s decision, he noted that both parties need to get on their knees and beg for the relief as they look to finally settle the XRP lawsuit.

法律专家弗雷德·里斯波利（Fred Rispoli）解释说，Ripple和SEC将根据正确的规则重新提出动议。但是，在评论法院裁决的措辞时，他指出，双方都需要跪下来，乞求救济，因为他们希望最终解决XRP诉讼。

MetaLawMan, another legal expert, had previously warned that it is far from a sure thing that a federal judge would agree to vacate a prior ruling as part of a settlement. He remarked that this was fairly commonplace several years ago, but now, judges have started balking at this in more recent years.

Metalawman是另一位法律专家，此前曾警告过，联邦法官同意将先前的裁决作为和解的一部分撤离是一件肯定的事情。他指出，这是几年前相当普遍的，但是现在，近年来，法官已经开始对此进行言行。

Basically, Judge Torres granting the relief won’t be straightforward even when Ripple and the SEC refile their motion under the correct procedure. She already mentioned that the district court must “determine whether the proposed consent decree is fair and reasonable, with the additional requirement that the public interest would not be disserved in the event that the consent decree includes injunctive relief.”

基本上，即使Ripple和SEC在正确的程序中重新提出动议，授予救济的托雷斯法官也不会直接。她已经提到，地方法院必须“确定拟议的同意令是否公平合理，并要求在同意书包含禁令救济的情况下，公共利益将不会被裁定。”

After Judge Analisa Torres denied both parties’ request for an indicative ruling, Ripple’s Chief Legal Officer (CLO), Stuart Alderoty, spoke about the decision. In an X post, he affirmed that nothing in the order changes his firm’s wins, including the ruling that XRP is not a security.

在Analisa Torres法官否认双方要求指示性裁决的请求之后，Ripple的首席法律官（CLO），Stuart Alderoty谈到了这一决定。在X帖子中，他确认该命令中没有任何改变他公司的胜利，包括XRP不是安全的裁决。

"No new rulings, no new decisions, just procedural observations," Alderoty clarified. The order stems from a technicality in the parties' request to grant portions of their motion, which they'll be resubmitting.

奥尔德罗蒂澄清说：“没有新的裁决，没有新的决定，公正的观察。”该命令源于当事方批准其动议的一部分要求，他们将重新提交。

"The parties are in full agreement to resolve this case and will be making a joint filing to return this matter to Judge Torres to vacate the injunction and reduce the civil penalty."

“当事方完全达成共识，以解决此案，并将联合提交此事向托雷斯法官撤回禁令并减少民事罚款。”

As reported earlier, Judge Analisa Torres ruled in favor of Ripple in a landmark decision, rejecting the SEC’s claims that the crypto firm’s token, XRP, is a security. The judge determined that XRP sold in exchange for fiat currency on centralized exchanges constituted security transactions, but those sold directly to institutional investors in private placements did not.

如前所述，Analisa Torres法官在具有里程碑意义的决定中裁定支持Ripple，拒绝了SEC的说法，即加密货币公司的代币XRP是安全的。法官确定，XRP在集中交易所上出售以换取法定货币，构成了安全交易，但这些交易直接出售给机构投资者的私人安置。

However, Judge Torres ultimately granted the SEC’s request for an injunction against Ripple, imposing a hefty civil penalty of $125,000. In contrast, the SEC sought a minimal penalty of $50,000 to be imposed on Ripple.

但是，托雷斯法官最终批准了SEC要求对Ripple的禁令，判处125,000美元的民事罚款。相比之下，SEC要求对Ripple征收50,000美元的罚款。

Following this ruling, the SEC appealed Judge Torres’ decision on the institutional investors, while Ripple expressed interest in appealing the ruling on the injunction and the penalty.

根据这项裁决，SEC向托雷斯法官对机构投资者的裁决提出上诉，而Ripple表示有兴趣对禁令和罚款提出上诉。

Despite the appeals, the SEC and Ripple later reached a settlement agreement, which was submitted to the judge last week. As part of the settlement, the SEC requested that Judge Torres vacate the injunction and reduce the monetary judgment to $50 million from $125 million.

尽管提出上诉，但SEC和Ripple随后达成了一项和解协议，该协议上周提交了法官。作为和解的一部分，SEC要求托雷斯法官撤消禁令，并将货币判决从1.25亿美元减少到5000万美元。

The judge decided to deny this request, highlighting that the parties failed to satisfy the burden for obtaining such relief. Judge Torres pointed out that the request to absolve Ripple of some of its obligation to cease the illegal sale of securities and pay the full civil penalty amounts to a motion to vacate significant portions of the final judgment.

法官决定否认这一要求，强调当事方未能满足获得这种救济的负担。托雷斯法官指出，违反其某些义务的要求，要求停止非法出售证券，并支付全部民事罚款金额，以撤消最终判决的大部分。

This request should have been made under Federal Rule of Civil Procedure 60(b) and not Rule 60(c), which

该请求应根据联邦民事诉讼规则第60（b）条提出，而不是规则60（c）