Ripple, Bradley Garlinghouse and Chris Larsen, defendants in the XRP case filed by the US SEC opposed Watchdog’s motion in court. The commissions requested the judge to seal some portions of the Daubert motion reply. However, this included both parties’ reply briefs.
As per the filing, the Defendants oppose the SEC’s request to seal experts’ identities in connection with the parties’ motion. However, they mentioned that the commission has not made much needed particularized demonstration to establish the fact. However, it fails to build that sealing is suitable to protect the experts.
Defendant’s opposition to SEC has landed amid the submission of Summary Judgement in the XRP case by both parties. However, James Filan informed that District Judge Torres approved the parties’ scheduling proposal to govern sealing.
Attorney shared the Scheduling Update specific to the motions related to the Summary Judgment. He added that there are still many disputes that are still in the process of being briefed.
Motions to exclude expert testimony were filed under the seal on July 2022. Meanwhile, the dispute over these transcriptions still remains. However, the SEC’s different assertion over the Hinman document in the XRP case is pending.
It added that this matter is fully briefed and the parties are waiting for Judge Torres’s decision. Filan mentioned that if the commission losses its claim over privilege issues then it can go on to file an interlocutory appeal to the Second Circuit in the XRP case.
As per the schedule, Both parties will be filing all the material relating to summary judgment motions by September 13, 2022. However, it will be under seal temporarily.
Parties will meet and confer to identify redactions by each other to support their brief motions on September 15, 2022. It added that redacted versions of briefs will be filed publicly on September 19, 2022.
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