defense lawyer James K. Filan shared an updated timeline of important decisions in Ripple’s lawsuit against the SEC and their expected timelines.
— James K. Filan 🇺🇸🇮🇪 106k (beware of impostors) (@FilanLaw) July 26, 2022
In May, CryptoLaw founder John Deaton filed a motion on behalf of amici to participate in a dispute with an SEC expert who claimed to understand the motives of XRP holders in buying XRP. On July 19, the SEC filed an objection to amicus’ motion and further asked District Judge Torres to revoke amici’s authorization for her to participate in the case, requesting that she and John Deaton be removed from further participation in the case.
Thus, therefore, the actual decision on whether amici can participate remains undecided, as do decisions on whether amici status should be annulled and whether John Deaton should be barred from further proceedings.
Decisions on issues of sealing the testimony of experts are expected on July 28. Major objections to seal requests are expected by August 9, and any responses to objections must be filed by August 30, pending a final decision by Judge Torres.
Regarding Hinman’s emails, the SEC’s motion for a partial review was denied and the motion for clarification was granted. Magistrate Netburn ruled that the Hinman documents were not protected by the DPP, but then allowed the SEC to identify any of those documents that the SEC claimed were protected by attorney-client privilege. The SEC filed a motion arguing that all documents are protected by attorney-client confidentiality, which Judge Netburn denied.
The SEC’s objection to Magistrate Netburn’s ruling is due today, July 26, which remains a big date.
Ripple defendants have until August 9 to file their response to the SEC objections. District Judge Torres allowed the Securities and Exchange Commission to file a response note, which must be submitted no later than August 16. The matter will then be fully briefed and the decision will be made by Judge Torres.
If the SEC loses the privileges case in front of Judge Torres, there is a possibility that the SEC may seek an interlocutory appeal in a second lawsuit, which could drag out the ruling on Hinman’s emails longer than expected.
July and August can be a busy time
According to James K. Filan, July and August could be loaded with litigation based on the aforementioned decisions. Applications for summary judgment can be expected by 13 September.
Objections are expected by October 18, and responses to any objections must be made by November 15, before Judge Torres makes a final decision. He predicts that Judge Torres’ decision on the expert motions and summaries could be made no later than March 31, 2023.
Credit : u.today