Friday, October 7

Various Disputes Present In The Process Of Being Briefed: Ripple Versus SEC

Attorney James K. Filan tweeted a page containing an abridged update of the lawsuits between Ripple and SEC.

A page document shared by James stated that there are still several disputes that are in the process of being briefed.

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In the document, several disputes were highlighted which include:

  • Motions to exclude Expert testimony: These motions were filed using Daubert challenges. It was filed under seal on July 12th, 2022 but disputes regarding sealing the motion and the expert reports and deposition transcripts remain. The parties filed their motions to seal the motions to exclude testimony on the 22nd of July and on July 25th, 2022, both parties responded to each other motions to seal. According to the document, on August 9th, 2022, the substantive oppositions to the motions to exclude expert testimony were filed and as a reply reported by Cryptolifedigital, the reply to the opposition was filed on the 30th of August, 2022. The motion to seal the portion of opposition has been completely sealed but any motions to seal the portion of the exclusion motion should be filed on the 9th of September, 2022 while the responses to the motion should be filed by the 16th of September, 2022.
  • THE DPP AND  ATTORNEY-CLIENT  PRIVILEGE BATTLE OVER THE HINMAN DOCUMENTS. THE DECISION ON THE SEC’S OBJECTION IS PENDING: This matter is completely briefed and the parties are awaiting District Judge Torres’s decision.
  • DPP APPEAL OR PETITION OF THE SECOND CIRCUIT? SEC can file an interlocutory appeal to the second circuit provided it loses the opportunity issues before District Judge Torres. Fortunately, before they do that, they would have to file a motion for certification of an interlocutory appeal with district Judge Torres although it takes some time.
  • MOTIONS FOR SUMMARY JUDGEMENT: The motions for summary judgement and Rule 56.1 statement of undisputed facts must be filed by September 13th, 2022 while the oppositions for Summary Judgement and Rule 56.1 statement must be filed on the October 18th, 2022. The replies to those motions must be filed on November 15th, 2022.

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As stated in the document, it was predicted that District Judge Torres will decide both the Expert Motions and the summary judgement motions at the same time – on/ or before March 31st, 2023.

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