SEC vs Ripple: another delay added to the judgment with Court’s running Docket order

By Sunil Sharma
August 27, 2021 Updated August 27, 2021
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SEC vs. Ripple Lawsuit

The latest update in the XRP lawsuit has pointed at a delayed verdict in lieu of a running docket order. The Court has granted the motion for extension to file pre-motion letters as for the summary judgment. It was announced on a Docket sheet with a runner, which means no specific date has been set for the filing of the pre-motion letters or statements of material facts.

More delay caused as Former Motions remain pending

However, a deadline for the filing of the pre-motion letters cannot be determined without the Court’s ruling on the pending Motion to Strike and Motions to Dismiss. The court is required to provide a final decision for these motions before the filing of any other documents. But the uncertainty in the timeline has only increased as a date for the verdict of those motions cannot be comprehended.

“Those motions must be decided before the other documents can be filed and we don’t know when those motions will be decided.”, James K. Filan explained in his Twitter thread about the running docket order.

Joint Request for Extension

Followed by the order of telephonic conference on DPP dispute, the Parties jointly filed an extension request. They requested a brief extension of the fact discovery deadline to take Garlinghouse and Larsen depositions. Additionally, they appealed to extend the expert discovery deadline until November 12, 2021.

Both parties have shown reluctance in the discovery of compelled documentation, from the beginning. The SEC and Ripple came together on the request for an extension, to make their opposition stronger in discovery disputes. However, with pending motions stacking up along with consecutive extensions, the XRP lawsuit appears to be moving slower than expected.

“Garlinghouse’s and Larsen’s motions to dismiss are pending before the Court, the parties are still conducting fact discovery, two motions to compel are pending before Magistrate Judge Netburn, and the parties are requesting leave to conduct two depositions in September.” Additionally, two more motions, the motion to strike and the motion to intervene remain pending.



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