Ripple v. SEC: Lawsuit Enters New Phase of Proceedings as Court Approves Scheduling Proposal

Another crucial stage of the Ripple litigation is approaching: summary judgment. The court has set a deadline for the opening motions for summary judgment, which is today, September 13. On October 18, opposition papers are due, and on November 15, responses. According to a recent update provided by James K. Filan, "District Judge Torres has approved the parties' joint scheduling proposal to control sealing concerns relevant to the forthcoming summary judgment petitions." The approach aims to facilitate quick and open access to the parties' pleadings.


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Eleanor Terrett, a Fox Business correspondent, tweeted enthusiastically in response to the approval, "And we're chugging along to summary judgment Ripple." Attorney Jeremy Hogan said, "I'm really happy to be able to see a real-life summary judgment motion in...7 days."

SEPTEMBER 13

September 13, all documents related to summary judgment motions, including briefs and exhibits, are anticipated to be filed under seal by the parties.

The parties will meet and consult on September 15 to decide which redactions will be included in each side's papers in support of the requests for summary judgment.

 Only the temporary redactions requested by the parties during the meet and confer will be made in the public versions that the parties will submit on September 19 in support of the summary judgment requests.This is the "end game," as attorney Jeremy Hogan puts it, where the public will learn what cards the parties are holding.

OCTOBER 18

On October 18, the parties will temporarily seal all documents, including briefs and exhibits, pertaining to oppositions to summary judgment motions.

The parties meet and consult on October 20 to determine the redactions each party requests in the opposition papers.

NOVEMBER 15

Next on November 15, the parties submit their temporary sealed summary judgment reply briefs.

The parties meet and discuss the redactions that will be included in the reply briefs on November 17.

The parties will then submit a publicly redacted copy of the reply brief on November 21 solely with the temporary redactions required by the parties while the meeting is in session.


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DECEMBER 9

Parties file omnibus petitions to seal all documents associated with summary judgment motions, including briefs and exhibits, on December 9. Along with such materials, the parties will also submit their suggested redactions. The parties are anticipated to submit oppositions to omnibus motions to seal on December 22.

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