In conformant to the court’s order of April 28th, 2022, the SEC’s plaintiff seeks a request to file another omnibus reply in further support of its previous omnibus motion to exclude the testimony of the defendant’s expert witnesses.
As stated on the attorney James Filan’s Twitter handle, the SEC seeks permission to file one omnibus reply up to 90-pages in length.
SEC Once Filed A Motion Up To 120 Pages Length
Recall, the Plaintiff Security and Exchange Commission once filed one big motion 120 pages long, to conserve the Judicial and SEC resources.
As stated in the letter filed by SEC, they want to abridge the testimony of 10 experts previously retained by the defendant, Ripple, Bradley Garlinghouse (the current CEO of Ripple), and the former CEO Chris Larsen.
Court’s Order Establishes 15 Pages For Motions And Replies
Although the order does not specify a page limit for replies. It only provides that motions and replies shall be limited to 15-pages.
It is worth noting that the court’s practices in civil cases establish 15-page replies. Interestingly, the SEC’s proposed 90-page limit for an omnibus reply is 60 pages curtailed than what it would be if one expert is to be writing 15-pages replies.
Also, the 90-page motion by the SEC is 30 pages diminished than what the SEC was granted by the court during its first omnibus motion.
Ripple’s Defendant Files A Motion To Exclude The SEC’s Five Experts
The Ripple’s defendants do not object to the SEC’s motion but they also seek to file 11 pages for each reply in support of the defendant’s motions to exclude the SEC’s five experts which the SEC did not disagree with.
Ripple To Serve Two Non-parties Subpoenas
According to the tweet by James K. Filan, Judge Netburn has granted the Ripple in a text-only order to serve two non-party Subpoenas to authenticate seven videos of the SEC official’s remark and ignored the SEC’s motion to reopen fact recovery.