The deadline for discovery of facts in the SEC V. Ripple Labs case is fast approaching on August 31. However, the two parties have gone to court with a joint request to grant them a brief extension.
According to the filing court, Onda and the SEC filed a proposed order reflecting joint requests for “Depositions after the fact finding deadline”, “Expert discovery deadline” and “Statements of material fact pursuant to the rule local civil 56.1 ”.
According to the filed request,
“… Due to the unexpected illness of an attorney for one of the parties that was an integral part of Larsen’s deposition, and the interim vacation schedules of other attorneys, the parties will not be able to reasonably complete the previously scheduled statements of Garlinghouse and Larsen before of August 31 “.
The parties asked the court to allow them to make “two statements after the closing of the discovery of facts on September 14 and September 20, 2021.”
This meant that the discovery of the fact would be closed as scheduled on August 31. However, the deposition of Ripple CEO Brad Garlinghouse and CEO will be pushed for two separate dates in September, after the fact-finding deadline.
The court had previously extended the original fact and discovery timelines by two months, from July 2 to August 31 for fact discovery, and from August 16 to October 15 for expert discovery. However, due to the aforementioned reasons, if the deposition is not completed, the expert reports will also be delayed. The additional filler,
“Initially, the expert reports were to be submitted according to the current schedule on September 10. The testimony of these persons could affect the content of the expert reports contemplated by the parties. Consequently, the parties respectfully request the Court to correspondingly extend the expert evidence until November 12 … “
In the meantime, the “Statements of Material Facts Pursuant to Local Civil Rule 56.1” should also be expanded, as Ripple executives’ dismissal motions are pending before the Court. In addition, there are two pending motions.
The depositions, provided the court grants an extension, will take place in September and may affect the content of the statements of the individual parties. For these reasons, the parties have requested the court to allow them,
“… Propose a schedule of briefings for the summary judgment and / or conference letters prior to the motion and the exchange of 56.1 Statements at a later date, and in any case after the closing of the expert discovery.”
These developments are likely to reset the demand timer. Despite the parties offering reasons for the delay request, the community has been questioning the individual reasons. The ambiguity maintained in the presentation was a “professional courtesy”, according to lawyer Filan.
It is clear that the SEC and Ripple are still pursuing each other, seeking certain documents and other evidence. These include Slack messages from Ripple employees, documents related to the SEC’s position on Bitcoin, Ethereum, William Hinman’s deposit papers, etc.
Both Onda and the SEC have worked to strengthen their position in court. However, the ongoing delay raises the question of whether a deal is possible. The possibilities seem to be diminishing as the matter progresses. It will be interesting to see what form it takes in the future.
This is a machine translation of our English version.
Your opinion is important to us!