Coinbase Inc. customers who sued the company over unauthorized crypto transfers are continuing to withhold their account information and styming efforts to move their lawsuit to arbitration, according to a renewed emergency motion filed in federal court.
The plaintiffs agreed to provide the requested information, including emails, usernames, and ethereum addresses, in exchange for a protective order, filings in the US District Court for the Northern District of Georgia show.
However, Coinbase told the court in a Tuesday motion that it and the users disagree on whether to include a provision in the protective order that says the cryptocurrency exchange hasn’t waived its right to arbitrate the dispute. Without the customers’ account information—now held up in the wake of the protective order impasse—Coinbase alleged it can’t match plaintiffs to their respective arbitration agreements.
“Refusal to provide this basic information is an improper attempt to undermine Coinbase’s right to compel arbitration under the Federal Arbitration Act,” the company said in its original Nov. 18 emergency motion.
Coinbase has taken other arbitration disputes all the way up to the US Supreme Court, where it will argue that litigation should be paused when a company appeals a denial of compelled arbitration.
The Georgia federal lawsuit was filed in August, accusing Coinbase of having lax cybersecurity measures that failed to prevent the unauthorized transfer of cryptocurrency.
Attorneys representing the plaintiffs couldn’t be immediately reached for comment.
Coinbase requested a hearing to address its renewed emergency motion.
DLA Piper LLP and Baker, Donelson, Bearman, Caldwell & Berkowitz P.C. represent Coinbase. Herman Jones LLP represents the customers.
The case is Kattula v. Coinbase Global, Inc., N.D. Ga., No. 1:22-cv-03250, emergency motion renewed 12/27/22.
