Ripple Objects to SEC’s Request to File Excess Briefs In Support of Its Forthcoming Opposition to Magistrate Netburn’s Ruling

Ripple has objected to the Securities and Exchange Commission’s request to file an excess length brief in support of its forthcoming opposition to Judge Sarah Netburn’s ruling, ordering the SEC to surrender drafts of William Hinman’s 2018 speech. 

#XRPCommunity #SECGov v. #Ripple #XRP Ripple defendants file their opposition to the SEC’s motion requesting an excess length brief and a reply brief in support of the SEC’s forthcoming objections to Judge Netburn’s Order compelling the SEC to release the Hinman documents. pic.twitter.com/3Xcz8UfnGk

— James K. Filan 🇺🇸🇮🇪 106k (beware of imposters) (@FilanLaw) July 22, 2022

Recall that the Securities and Exchange Commission requested leave to file a 40-page brief, which will be divided into opening and reply briefs, respectively. 

The SEC noted in its letter that the opening brief should be extended to 30 pages, to enable its objection to the three orders issued by Magistrate Netburn, compelling the agency to release Hinman’s documents. 

On the other hand, the SEC requested that the court grant another 10-page limit, to file a reply brief to Ripple’s forthcoming opposition brief. 

Ripple’s Opposition

According to Ripple, the SEC’s request should be denied because it is beyond the stipulated 20-page limit for objections to magistrate Judges’ orders. 

Ripple added that there is no provision for reply briefs as demanded by the Securities and Exchange Commission. 

The blockchain company noted that the SEC did not state any reason why it wants to deviate from the rule in its letter to the court. Instead, the SEC’s justification for the request is that it is objecting to three of Judge Netburn’s orders in a single brief, Ripple argued. 

“The SEC’s request for a reply brief is at best premature. The SEC has not even seen the Defendants’ opposition briefing yet, so it cannot possibly have concluded at this stage that there are arguments it has not had the opportunity to address. Nor has it offered any other justification for a reply,” an excerpt of Ripple’s opposition letter reads. 

Ripple added that it does not lightly oppose the SEC’s request. However, Ripple considers the SEC’s latest request prejudicial and unjustified. 

Meanwhile, the parties jointly request that the court set a deadline by which non-parties can move to seal portions of the Daubert motions. 

#XRPCommunity #SECGov v. #Ripple #XRP The Parties jointly request the Court to set a deadline of July 28, 2022 by which any non-parties must move to seal portions of the Daubert Motions or else waive objections to the Court’s ultimate ruling on the Parties’ sealing applications. pic.twitter.com/vpNY1HkjO3

— James K. Filan 🇺🇸🇮🇪 106k (beware of imposters) (@FilanLaw) July 22, 2022

   
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