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New Motions to Be Filed by Parties, Per New Scheduling Update


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Yuri Molchan

James Filan has published new scheduling update on Ripple-SEC lawsuit, here’s what’s coming in case next year


According to a recent tweet by U.S. lawyer James Filan, who has been following the legal battle between Ripple and the SEC closely and been sharing all updates on this Twitter handle, has published a new tweet related to that.

New scheduling update published

He published a new scheduling update on the case as of Dec. 21, stating which motions are going to be filed in the near future, including today.

In the update, James Filan stated that the parties to the case have both briefed motions for summary judgement, which includes their oppositions and replies. They are also sealing disputes related to the motion for summary judgement. However, Filan stressed that it is yet unknown whether the court will solve these disputes prior to making a decision on the motions or after making them.

As for motions to exclude expert testimony, they have been briefed in full and, as of now, they remain pending.

Here’s what remains on schedule, new motions expected to be filed

Today, Dec. 22, the parties are filing omnibus (big) motions to seal all materials that are related to the motions regarding summary judgement. Those include briefs, statements, supporting exhibits, etc. Ripple and the SEC are also required to provide proposed reactions to the aforementioned materials on the same day.

On Jan. 4, 2023, if there is any nonparty taking part in the legal suit, they must submit a motion to seal any materials related to the summary judgements if that nonparty seeks “additional or different sealing treatment or redactions than requested by the Parties,” the update published by Filan says.

Should the court receive no such motion to seal by Jan. 4, this will mean that the nonparty refuses its right to make an objection to the final ruling of the court regarding the motions of the parties to seal or redact the materials for summary judgement.

On Jan. 9, the parties must submit their oppositions to omnibus motions for sealing. The latter are to be filed today, Dec. 22.

Besides, the parties have to submit Daubert Motions and exhibits that accompany them, along with redactions that are consistent with the sealing ruling of the court made on Dec. 19.

Finally, on Jan. 18, all parties and non-parties to the case must submit their oppositions, if they want to provide any, to the nonparty motions to seal – the ones that were first due on Jan. 4.


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