Decisions on sealing issues regarding expert testimony are expected on July 28
Defence lawyer James K. Filan shared an updated timeline of important decisions in the Ripple v. SEC and their expected timelines.
In May, CryptoLaw founder John Deaton filed a motion on behalf of amici to participate in a challenge to an SEC expert who claimed to understand XRP holders’ motivations when purchasing XRP. On July 19, the SEC filed its opposition to the amicus motion and further asked District Judge Torres to revoke her grant of amici permission to participate in the case, requesting that and John Deaton be barred from further participation in the case.
Thus, in this regard, the actual decision of whether amici can participate remains pending, as do decisions to revoke amici status and exclude John Deaton from future proceedings.
Decisions on sealing issues regarding expert testimony are expected on July 28. The substantive oppositions to the sealing motions are expected by August 9, while any replies to the oppositions must be filed by August 30, ahead of Judge Torres’ final decision.
Hinman Papers
With respect to the Hinman emails, the SEC’s motion for partial reconsideration was denied and the motion for clarification was granted. Magistrate Judge Netburn ruled that the Hinman documents were not protected by the DPP, but then allowed the SEC to identify one of these documents which the SEC said was protected by solicitor-client privilege. The SEC filed a motion claiming that all documents were protected by attorney-client privilege, which Judge Netburn denied.
The SEC’s opposition to Magistrate Netburn’s ruling is due today, July 26, which remains a big date.
Ripple’s defendants have until August 9 to file their response to the SEC’s objections. District Judge Torres allows the SEC to file a reply brief, which must be filed no later than August 16. Then the case will be fully briefed and decided by Judge Torres.
If the SEC loses the privilege issues before Judge Torres, there are chances that the SEC might try to file an interlocutory appeal to the second circuit, which may stretch out the decision on the Hinman emails longer than expected.
July and August could be a busy time
According to James K. Filan, July and August could be busy times in the trial based on the aforementioned rulings. Summary judgment motions can be expected by September 13.
Oppositions are expected by Oct. 18, while replies to any opposition must be made by Nov. 15, ahead of Judge Torres’s final decision. He predicts that Judge Torres’s decision on expert motions and summary might come on or before March 31, 2023.
