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.
#XRPCommunity #SECGov v. #Ripple #XRP. The Court has granted the motion for extension of time. The extension for filing pre-motion letters regarding summary judgment has been granted but no due date has been set pending resolution of the motions to strike and dismiss. https://t.co/mAdrQKgqjb
— James K. Filan 🇺🇸🇮🇪 (@FilanLaw) August 26, 2021
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.
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“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.
#XRPCommunity #SECGov. v. #Ripple #XRP Parties move jointly for brief extension of fact discovery deadline to take Garlinghouse and Larsen depositions and to extend expert discovery deadline until November 12, 2021.
https://t.co/HFQ19r4wSB— James K. Filan 🇺🇸🇮🇪 (@FilanLaw) August 24, 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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