Friday, December 9

SEC And Ripple Jointly File A Reply To The Responses To The Motion To Seal Expert Testimony

SEC and Ripple jointly filed a reply to the responses to the motions to exclude the expert testimony. As stated in the letter, they will be filed under seal until the sealing issues are briefed.

As stated in the letter tweeted by James K. Filan, SEC and Ripple submitted a joint application to request a briefing schedule for motions to seal portions of the parties’ filing in connection with their motion to exclude the expert testimony.

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Recall, that the opposition to the exclusion is due on the 9th of August, 2022 while its replies are due on the 30th of August, 2022.

The parties passed a motion;

  • That all briefing and supporting documents be filed under seal on August 9th for exclusion motion proposition and 30th of August for exclusion motion replies,
  • That the SEC and Ripple move to seal any motions of those filings along with proposed reduction filed under seal by August 19th for exclusion motion proposition and September 9th for exclusion motion replies and
  • Any responses to the motion to seal are filed by August 26th for exclusion motion oppositions and September 16th for exclusion motion replies.

SEC Says It Is Unopposed To The Ripple’s Request

In a recent SEC letter, it revealed its intention on the recent Ripple request to seal the identities of third parties regarding motions to exclude expert testimonies.

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According to Ripple, the request to seal the information is to protect third parties’ privacy interests and it added that the third parties have expressed their interest in sealing their privacy interest.

Ripple’s defendant stated in the motion on the proposition that the applicable standard for sealing is lower than the Daubert motions than for dispositive motions.

The SEC said it is unopposed to Ripple’s request to seal third parties information but it opposes the Ripple sealing of the categories of information during the summary judgment briefing, adding that it reserves the right to oppose such requests. 

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