The latest development in the XRP lawsuit saw the SEC agree to Ripple’s motion to seal certain portions of Ripple’s objections and responses to the SEC’s second and third sets of interrogatories. The plaintiff has filed a letter stating that it “does not oppose” Ripple’s request to seal parts of certain exhibits in the Interrogatories dispute.
Furthermore, the SEC also stated that it intends to send a letter of appeal seeking permission from the court to file its own motion to seal with respect to these exhibits, pertaining to submissions to the SEC by third parties, by September 24, 2021.
The SEC has opposed Ripple’s arguments in the Interrogatories dispute earlier. Plaintiff’s opposition letter to the court asserted that the Defendants’ responses regarding the SEC’s Interrogatories’ answers were in fact delayed. The SEC claimed that Ripple intentionally postponed its reply, until the end of the fact discovery timeframe. As the fact discovery deadline approached, Ripple informed the SEC that they considered the plaintiff’s responses “deficient”.
The SEC further revealed that they had already met and conferred with Ripple regarding the five responses at issue. At the conference, SEC requested the Defendants to identify specific information that they need from the plaintiff. However, the plaintiff claimed that Ripple denied the request and filed a Motion to Compel, less than three hours before fact discovery closed.
“At 11:48 p.m. on the same night, minutes before fact discovery closed, Defendants also served the SEC with more than twenty-Eight thousand (28,000) new Rule 36 requests for admission.”, SEC stated in the letter.
Regardless, constant debates in the interrogatories dispute from both ends, now, the SEC and Ripple have joined forces again to seal exhibits. This seal is giving the community Deja Vu. Earlier in the XRP lawsuit, a similar seal collaboration was witnessed regarding the DPP dispute.
It was speculated that Ripple negotiated a deal with the SEC to get protection, while the commission got another shot at pursuing further litigation against other crypto projects without the burden of legal precedent. Furthermore, SEC is also accused of appealing for a seal to protect an eminent ex-official of the commission, Hinman.
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