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The latest update in the XRP lawsuit saw the court order a telephone conference to discuss the Defendants’ pending motion to compel the SEC to produce certain documents it designated as privileged. The hearing is scheduled for Tuesday, August 31, 2021, with a public dial-in number that is to be posted before the conference.
#XRPCommunity #SECGov v. #Ripple #XRP BREAKING: TELEPHONE CONFERENCE SCHEDULED TO DISCUSS PENDING PRIVILEGE DISPUTE – TUESDAY, AUGUST 31, 2021 AT 12 NOON EST. CALL-IN DETAILS TO FOLLOW. pic.twitter.com/kZlIR8ktg5
— James K. Filan 🇺🇸🇮🇪 (@FilanLaw) August 24, 2021
The telephonic conference order was followed by the Parties’ joint request for a brief extension of the fact discovery deadline to take Garlinghouse and Larsen depositions. Furthermore, it also pled 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
Pending & Extended Discovery Dispute
The extensions for discovery deadlines could point at parties’ further efforts at making their end of the arguments stronger by using the information produced during the conference. Coingape’s former coverage has highlighted both parties’ unwillingness to produce compelled documents. The only time they appear to have an agreement is when they are seeking extensions to make their opposition stronger in discovery disputes. With increasing pending motions and one after another extension, the XRP lawsuit may be heading towards a longer run 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.
Ripple’s response in DPP Dispute
In a recent update, the XRP lawsuit saw the defense argue against SEC’s constant efforts at re-litigating the irrelevance of DPP dispute documents that are already marked relevant by the court.
Ripple emphasized SEC’s consecutive failures at producing the repeatedly compelled data. Furthermore, Ripple’s counsel speculates that SEC’s constant attempts to argue the reliability of DPP’s blanket application raises more suspicions.
#XRPCommunity #SECGov v. #Ripple #XRP Ripple files response to the SEC’s Opposition to Defendants’ motion to compel the production of internal and inter-agency documents. Read footnote 2 and the accompanying text.https://t.co/TaAGzzJFbW
— James K. Filan 🇺🇸🇮🇪 (@FilanLaw) August 23, 2021
Hinman deposition in DPP Dispute
Before Ripple’s response, the SEC argued that Ripple had stroked the most probative evidence, i.e., former SEC Division of Corporation Finance Director, William Hinman’s deposition testimony that he met with Ripple representatives. Hinman asserted that in this meeting, he alerted Ripple against unregistered sales of XRP by defining them as sales of securities.
#XRPCommunity #SECGov v. #Ripple #XRP The SEC has filed its opposition to Ripple's and the Individual Defendants' Motion challenging the SEC’s improper assertion of the Deliberative Process and other privileges.https://t.co/XdnN2N92PT
— James K. Filan 🇺🇸🇮🇪 (@FilanLaw) August 17, 2021
However, in its response, Ripple claimed that the plaintiff “mischaracterizes” Hinman’s deposition testimony. Ripple argued that Hinman’s response about XRP’s security status was removed instead of its duplicative nature. Moreover, that part of Hinman’s deposition didn’t include a relevant answer to the asked question.
"Mr. Hinman’s personal views as to XRP’s status are dubious . . . "
— James K. Filan 🇺🇸🇮🇪 (@FilanLaw) August 23, 2021
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