This new development was announced on Twitter by James K. Filan, a defense lawyer and former federal prosecutor. According to the report, the deadline has been extended by a week.

Read Also: Ripple CEO Brad Garlinghouse Predicts New End Date for XRP Lawsuit: Details

James K. Filan tweeted, “SECGov v. #Ripple Parties file Joint Letter for one-week extension, until June 13, 2023, to file public, unredacted versions of cross-motions for summary judgment and accompanying exhibits, which includes the Hinman materials.”

#XRPCommunity #SECGov v. #Ripple #XRP Parties file Joint Letter for one week extension, until June 13, 2023, to file public, unredacted versions of cross-motions for summary judgment and accompanying exhibits, which includes the Hinman materials. pic.twitter.com/ystntXCJl1

— James K. Filan (@FilanLaw) May 19, 2023

Initially, June 6th, 2023 was the set date for the public release of Hinman’s document, including the draft of William Hinman’s 2018 speech and other edited and summarized judgment materials. Following the judge’s consent to grant an extra week extension, the deadline for the materials will now be on June 13th as stated in the announcement.

A Brief Insight Into The Hinman’s Docs

The Hinman documents are associated with a 2018 speech from the former SEC executive Bill Hinman, who ascertained Ethereum and Bitcoin as non-security assets. The documents referred to as Hinman documents today involve contemplation and internal debates revolving around the 2018 speech.

It is pertinent to note that Hinman’s docs remain the central focus of the long-standing legal battle between Ripple, the US-based cross-border payment firm, and the SEC. The securities regulator appeared resolute to conceal the documents, but after six court procedures, the SEC finally bowed to pressure and released the documents for Ripple.

Read Also: Ripple CEO Brad Garlinghouse Sends Message to XRP Holders. Here’s What He Wrote

Intriguingly, the SEC decided to pull a stunt when it filed a motion to seal the contents of Hinman’s docs. However, Judge Analisa Torres recently denied the motion and ordered the unsealing of the documents.

Meanwhile, attorney Jeremy Hogan disclosed via a tweet, on May 17 that the SEC has approximately ten days to appeal the judge’s ruling regarding unsealing Hinman’s documents.

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The Zakinov v. Ripple case where the complainants claim that XRP is a security and that Ripple sold it as an unregistered will be handled at the California federal court. Per the update, the hearing is for oral arguments on the question of certifying the class of XRP holders suing Ripple and only 500 members of the public will be granted listen-only access to the hearing through a login notice. 

“The plaintiff, Bradley Sostak, who owned XRP for two weeks, is asking to be lead plaintiff in the class and is asking to represent all XRP holders who either owned it and sold it at a loss or own it today,” CryptoLaw said on Wednesday. 

James K. Filan, a pro-XRP lawyer confirmed this update in a tweet, disclosing the hearing details and citing a comment from Deaton. The CryptoLaw founder noted that he will attend the Zakinov v. Ripple case hearing via Zoom but would not participate given the longstanding rule of the Court. 

He wrote, “…unlike the LBRYcom hearing, this Judge does not allow Amicus counsel to participate at oral argument (even if the amicus brief is allowed). This is a long-standing rule of the Court so it has nothing to do with this case.”

It bears noting that Deaton has filed a motion for leave to file an amicus brief on behalf of over 75,000 XRP holders in the Zakinov case to oppose the complainants. However, his motion hasn’t been ruled on yet by the judge. In addition, Deaton beckoned on XRP holders to not interrupt the case proceedings or contact Ripple lawyers, the Plaintiff lawyers, the Court, or anyone else associated with the case.

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In a Wednesday tweet, James K. Filan, a defense lawyer, and former federal prosecutor shared the scheduling updates in the Ripple Labs vs SEC crypto lawsuit.

This update was published shortly after the United States securities agency and the San Francisco-headquartered cross-border payment firm joint request for an extension of time, regarding both parties’ filing of the Daubert Motions and accompanying exhibits on the public docket with redactions consistent with the Court’s sealing ruling was granted. 

According to the XRP community lawyer, there are five crucial dates to mark in the lasting Ripple-SEC case, adding that this is the remaining schedule that would perhaps bring the biggest crypto case of the century to a close. 

As revealed in the document, today (December 22, 2022) has been mapped out for both the plaintiff and defendants to file Omnibus Motions. According to him, today’s motions involve the sealing of all materials related to the Summary Judgment motions, including briefs, Rule 56.1 statements, counter statements, declarations, and supporting exhibits. “Parties must also file proposed redactions to those materials at that time,” he wrote. 

Regarding the Summary Judgment, Filan disclosed that January 4, 2023, has been set aside for unrelated third parties to file their respective motions to seal any Summary Judgment material. 

Related: Defense Lawyer Says SEC May Ask the Judge to “Stay the Judgment” If Ripple Wins. What Does This Mean? Details

Part of the document read, “any non-parties must file a Motion to Seal any Summary Judgment Materials to the extent the non-party seeks additional or different sealing treatment or redactions than requested by the Parties.”

“If no motion to seal is received by January 4, 2023, the non-party waives their right to object to the Court’s ultimate ruling on the Parties’ motions to seal or redact the Summary Judgment Materials.”

While both parties are to file their oppositions to the Omnibus Motions on January 9, 2023, it is said that both the SEC and Ripple must file the Daubert Motions and accompanying exhibits on the public docket with the necessary reduction on January 13, 2023, as they requested. 

Meanwhile, on January 18, 2023, “all parties and non-parties must file oppositions, if any, to the non-party Motions to Seal that were due on January 4, 2023, according to James K. Filan.

#XRPCommunity #SECGov v. #Ripple #XRP Scheduling Update as of December 21, 2022. pic.twitter.com/xnBqxUzSFq

— James K. Filan 126k (beware of imposters) (@FilanLaw) December 21, 2022

Read Also: Attorney John Deaton Shares Why Ripple Has Not Broadcasted Hinman’s Documents

It is worth noting that motions for summary judgment and motions to exclude expert testimony have been fully briefed while the presiding Judge is yet to issue a ruling on both matters. As earlier reported, District Judge Analisa Torres recently granted Ripple’s request on the Daubert Motions but partly denied the SEC’s motion.

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In a tweet a couple of hours ago, a supposed XRP community member tagged a number of prominent legal experts in a question regarding the progress of the ongoing Ripple-SEC lawsuit.

Read Also: Attorney John Deaton Shares Why Ripple Has Not Broadcasted Hinman’s Documents

In the tweet, the user with a Twitter handle @scaruso123 asked whether Judge Analisa Torres would instantly grant the blockchain payment firm the approval to operate in the United States if it wins the case.

@scaruso123 asked, “If Ripple gets outright victory in lawsuit, & sec appeals to an appellate court, what happens in the interim? Does Ripple have the green light to operate in the U.S. until the final decision is made?”

In response to the question, James K. Filan, a defense lawyer and former federal prosecutor, said in such a scenario, the SEC may ask the Judge not to enforce the ruling until its appeal to the Second Circuit ends.

Read Also: XRP Lawsuit: Judge Grants Ripple Recent Request But Partly Denies the SEC Motion

According to Filan, if Judge Torres grants the request and stays the judgment of a Ripple victory would result in a classic legal battle between the two parties. He also said there is no certainty that the court will grant such a request.

James K. Filan responded, “The SEC will ask to stay the judgment pending it’s appeal to the Second Circuit. That means it will ask the court not to enforce the judgment until the appeal is over. That would be an epic battle between the parties and whether the court agrees to that remains to be seen.”

The SEC will ask to stay the judgment pending it’s appeal to the Second Circuit. That means it will ask the court not to enforce the judgment until the appeal is over. That would be an epic battle between the parties and whether the court agrees to that remains to be seen.

— James K. Filan 126k (beware of imposters) (@FilanLaw) December 21, 2022

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In a recent tweet, James K. Filan, a defense lawyer and former federal prosecutor, shared the scheduling update with specific dates from now to the motion for summary judgment.

In the update, Filan reiterated his prediction that the Judge will pronounce her final judgment on or before March 31 next year, which is the first quarter of 2023.

Read Also: Firm Has No Financial Relationship with Ripple, But Ready to Support Its Fight against the SEC

James K. Filan tweeted, “I am sticking to my prediction that District Judge Torres will decide both the Expert Motions and the Summary Judgment motions at the same time – on or before March 31, 2023.”

I am sticking to my prediction that District Judge Torres will decide both the Expert Motions and the Summary Judgment motions at the same time – on or before March 31, 2023.

— James K. Filan 125k (beware of imposters) (@FilanLaw) November 4, 2022

So far, 12 amicus briefs have been submitted in the XRP lawsuit in support of Ripple, the San Francisco-based cross-border payment firm. With more briefs expected to be filed in the coming days, this lawsuit can be regarded as one of the top trial-levels cases.

The court has set November 11, 2022, as the deadline for interested individuals or institutions to file amicus briefs so that the SEC can reply to them all at once.

Both parties will file their temporarily sealed reply briefs for the summary judgment on November 30, 2022, with the page limit increased from 45 to 55.

According to the scheduling update shared by James K. Filan, Ripple and the SEC will meet and confer on December 2, 2022, to identify the necessary redactions sought by each party.

On December 5, 2022, both parties will publicly file the versions of their replies to the summary judgment motions of each other.

Read Also: Coinbase Requests to File Amicus Brief in Support of Ripple and XRP Against the SEC

Additionally, on the 22nd of December 2022, the parties are to file omnibus motions to seal all materials relating to the summary judgment motions. And on the 9th of January 2023, they are scheduled to file their oppositions to omnibus motions to seal.

It’s noted in the scheduling update that “The Motions to Exclude Expert Testimony (“Daubert” challenges) are fully briefed, but issues regarding sealing the motions and the expert reports and deposition transcripts remain.”

So, James K. Filan concluded that he expects those sealing issues will be resolved as part of the Summary Judgment process and eventual ruling.”

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The post XRP Lawsuit: Defense Lawyer Shares Scheduling Update with Dates Specific to Final Ruling appeared first on Times Tabloid.

In 2018, William Hinman gave a speech about Ethereum (ETH), which has now become a bone of contention in the ongoing Ripple-SEC case, where the argument is whether or not XRP is a security.

At the time, William Hinman was the Director of the Division of Corporation Finance at the SEC. While Ripple kept pressing hard for the release of these documents and emails, the SEC has employed various tactics to keep it concealed.

As earlier reported by Timestabloid, Judge Netburn ruled that the SEC should release the Hinman documents, stating that “the DPP does not apply to the Internal Speech Documents because those documents were intended to facilitate the communication of Hinman’s own opinions regarding the application of the securities laws to digital asset offerings and not the opinions of the SEC.”

After the ruling, the SEC which was unwilling to release the documents filed an objection. However, Judge Analisa Torres has recently overruled the objection, concurring with Judge Netburn’s verdict on the issue.

Read Also: Brad Garlinghouse Explains Why He Believes XRP Is Not a Security

The Gary Gensler-led SEC is expected to comply, however, popular Attorney James K. Filan believes the SEC could still make attempts to avoid releasing Hinman’s document to Ripple and the court. Filan wrote to his 113K followers saying;

“First, they can ask Judge Torres to reconsider her order overruling the SEC objection. Second, they could skip the motion for reconsideration and just ask her to certify an appeal of the decision she issued today. Third, they could go to the Court of Appeals directly on a Petition for Writ of Mandamus.

As I’ve mentioned before, these are all low probability of success maneuvers. But if the SEC wants to delay producing the documents, they may try any or even all of these maneuvers, and that could take an additional 2 to 3 months to work out. None of these attempts at delay, however, will impact the summary judgment schedule.”

#XRPCommunity #SECGov v. #Ripple #XRP 1/4 Some thoughts on the next steps in the quest for the Hinman documents. The SEC has a number of procedural cards they can play to try to further delay complying with the order to produce the Hinman documents.

— James K. Filan 115k (beware of imposters) (@FilanLaw) September 30, 2022

The critical nature of the documents has made it one of the factors capable of deciding how the Ripple-SEC case will end. While Ripple believes the facts from the speech could tilt the case in its favor, the SEC perceives that it could contradict its current argument about XRP.

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The post Defense Lawyer States 3 Tactics SEC Could Use To Further Delay Hinman Documents Release to Ripple appeared first on Times Tabloid.

Following the summary judgment motion filed by Ripple, the leader in blockchain enterprise, and the United States Securities and Exchange Commission (SEC), several popular legal practitioners have taken pains to analyze their contents.

In a recent update, James K. Filan, a defense lawyer, and former federal prosecutor, also gave his analysis of the Summary Judgement motion filed by the SEC.  He wrote; 

“Here’s the SEC’s argument, as I interpret it; 

“We aren’t saying XRP is a security per se.  What we are saying is that any purchase of XRP, as a matter of economic reality, is an investment in a common enterprise with other XRP holders and with Ripple.

“Whether it’s through horizontal commonality or strict vertical commonality, it is an investment in a common enterprise with other XRP holders and with Ripple.  So while XRP may not be a security per se, there’s no other possible way to offer or sell XRP EXCEPT as a security.

“And when you realize what the SEC is saying, no matter how it is framed, the judgment that the SEC wants is one that incorporates secondary sales.”

James Filan then added an image that showed the SEC is using words like “a purchase” and “all units.”

#XRPCommunity #XRP 1/3 Here’s the SEC’s argument, as I interpret it.

“We aren’t saying XRP is a security per se. What we are saying is that any purchase of XRP, as a matter of economic reality, is an investment in a common enterprise with other XRP holders and with Ripple.

— James K. Filan 114k (beware of imposters) (@FilanLaw) September 24, 2022

Read Also: Ripple Calls SEC’s Latest Suggestion in the XRP Lawsuit a Delay Tactic

Top Attorneys Analyze SEC’s Summary Judgment Motion

Jeremy Hogan, a popular U.S. attorney, and a partner at Hogan & Hogan law firm said a few days ago that the two briefs filed by the two parties are so different in content. He added that to some extent, the submitted briefs make it look as if Ripple and the SEC were involved in two distinct lawsuits.

According to Hogan’s explanation, the SEC did not argue that XRP is inherently a security, citing that the SEC’s brief is focused on Ripple’s sales of XRP. However, Hogan concluded that Ripple has pulled the rug out from under the SEC’s Howey argument in the summary judgment brief. 

On the other hand, John Deaton, the attorney representing over 72,000 XRP holders in the XRP lawsuit, said that the SEC omitted crucial facts in their filed motion for Summary Judgment. The staunch Ripple supporter went ahead to highlight the three vital points missing in the SEC’s brief.

The XRP lawsuit filed against Ripple by the SEC is regarded as the longest crypto legal tussle ever as it has lasted for almost two years, so far. While the SEC contends that the XRP was sold as an unregistered security, Ripple counters, arguing that XRP is similar to Bitcoin (BTC), Ethereum (ETH), and other cryptocurrencies which the SEC has not gone against. 

However, in a new statement, the SEC said Ethereum (ETH) could be considered a security following its switch to proof-of-stake (PoS), which Ripple CEO Brad Garlinghouse recently countered.

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Ripple Defendants, which include the blockchain payment firm and two of its top executives, Chris Larsen and Brad Garlinghouse, have filed their motion for summary judgment under seal, according to the update shared on Twitter by James K. Filan a few hours ago.

Read Also: Ripple Gains New Legal Support In its Quest to Prove XRP is Not a Security

In the same thread of tweets, the defense lawyer and former federal prosecutor also revealed the date parties will publicly file a motion for summary judgment.

Aside from the motion for summary judgment, Filan also disclosed that Ripple Defendants filed the Rule 56.1 Statement, a Declaration of Michael K. Kellogg, and 106 Exhibits.

In conclusion, the defense lawyer said on Sept 19th, parties will file public and redacted versions of the briefs in support of the summary judgment motions.

James K. Filan tweeted, “The Ripple Defendants have filed, UNDER SEAL, their Motion for Summary Judgment, the Memorandum of Law in Support of the Motion for Summary Judgment, the Rule 56.1 Statement, a Declaration of Michael K. Kellogg, and 106 Exhibits.

“On Monday, September 19, 2022, the parties will file public, redacted versions of the briefs in support of the summary judgment motions, making only those provisional redactions requested by the parties.”

2/2 On Monday, September 19, 2022, the parties will file public, redacted versions of the briefs in support of the summary judgment motions, making only those provisional redactions requested by the parties.

— James K. Filan 112k (beware of imposters) (@FilanLaw) September 13, 2022

Read Also: MoneyGram Files Letter-Motion to Seal Portions of Expert Testimony in the Ripple-SEC Lawsuit

Why September 19, 2022, is Significant for XRP Community?

On the 9th of September, Jeremy Hogan, another top lawyer who has been following the lawsuit since it was filed in December 2020, explained the significance of Sept 19, 2022, to the ongoing XRP lawsuit.

According to Hogan, some crucial facts in relation to the lawsuit will be publicly revealed on that day. He also showcased his excitement, tagging the day “The endgame” for the Ripple-SEC lawsuit.

He wrote, “Circle September 19 as the day we get to see (most of) the cards the parties are holding! Ripple v. SEC: The endgame. It’s getting me excited.”

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In a recent update shared by James K. Filan, a defense lawyer and former federal prosecutor, Ripple and the SEC’s joint scheduling proposal to govern sealing issues relating to the upcoming summary judgment has been approved by the District Judge.

Read Also: Ripple Gains New Legal Support In its Quest to Prove XRP is Not a Security

James K. Filan tweeted, “District Judge Torres has approved the parties’ joint scheduling proposal to govern sealing issues relating to the upcoming summary judgment motions.”

#XRPCommunity #SECGov v. #Ripple #XRP District Judge Torres has approved the parties' joint scheduling proposal to govern sealing issues relating to the upcoming summary judgment motions. pic.twitter.com/Tm34kZwi2f

— James K. Filan 111k (beware of imposters) (@FilanLaw) September 12, 2022

According to the proposal, on September 13, parties are to file materials relating to summary judgment motions temporarily under seal, including briefs, Rule 56.1 statement, and supporting exhibits.

On September 15, parties are to meet and confer to identify redactions sought by each side to the briefs in support of the summary judgment motions.

Going by the dates set by the Court as mentioned in the proposal, opening motions are due on September 13, 2022, oppositions are due on October 18, 2022, and replies are due on November 15, 2022.

Read Also: Get Ready for More CBDCs: Ripple Senior Advisor Says More Announcements Coming Soon

Ripple Opposes SEC Request to Seal Expert Witness Identities

On Monday, Ripple, the San Francisco-based cross-border payment firm, and two of its top executives filed a letter of response to oppose the SEC’s request to seal portions of legal filings that contain information in relation to the proposed expert witnesses.

According to Ripple in the letter, the SEC has not made the “necessary particularized demonstration of fact” to prove that the proposed sealing of the identities of expert witnesses is appropriate.

It can be recalled that the SEC filed a motion on Friday, seeking to seal part of the information from the August 30 reply brief in support of the SEC’s and Ripple’s previous motions to exclude SEC expert testimony. According to the regulator, the sealing could protect witnesses from possible harassment.

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In a recent development disclosed by James K. Filan, the SEC and Ripple have submitted a joint proposal that will help govern the sealing of issues relating to the upcoming summary judgment motions to be filed in the case.

Per the letter, “this proposal will ensure prompt and public access to the Parties’ briefs (as to which any proposed redactions are anticipated to be minimal), which is consistent with the “strong presumption” of public access.”

“Counter statements, declarations, and corresponding exhibits, for efficiency we propose a schedule for redactions soon after the reply briefs are filed so that all sealing issues can be raised to the Court in one set of briefs instead of piecemeal,” it added. 

#XRPCommunity #SECGov v. #Ripple #XRP The parties have filed a joint proposal to govern sealing issues relating to the upcoming summary judgment motions to be filed in this case. pic.twitter.com/LHatnIskTx

— James K. Filan 111k (beware of imposters) (@FilanLaw) September 8, 2022

Related: Ripple-SEC Lawsuit Nears Conclusion, Former U.S Prosecutor Predicts March 2023

To allow sufficient time for the Parties to meet and confer, Ripple and SEC have jointly proposed September 13, 2022, for the opening of motions to be filed. While September 15, 2022, has been proposed for parties involved to meet and confer, to identify redactions sought by each side to the briefs in support of the summary judgment motions.

Attorney Jeremy Hogan Says September 19 is Critical

Per the scheduling proposal, the SEC and Ripple will file public, redacted versions of briefs in support of the summary judgment motions on September 19, 2022. 

Read Also: Ripple Making Progress With CBDC Solutions: Details

Recall that during the filing of motions to dismiss expert discoveries relating to the XRP lawsuit, a series of disputes surfaced between the two parties in question. 

Popular U.S. attorney and a partner at Hogan & Hogan law firm, Jeremy Hogan, seems to be highly interested in the September 19 meeting as it is expected that critical facts relating to the case will be revealed. 

He wrote; “Circle September 19 as the day we get to see (most of) the cards the parties are holding! Ripple v. SEC: The endgame. It’s getting me excited.”

Circle September 19 as the day we get to see (most of) the cards the parties are holding!

Ripple v. SEC

The endgame. It's getting me excited (I'm weird like that). https://t.co/hQgIm504sw

— Jeremy Hogan (@attorneyjeremy1) September 8, 2022

The ongoing Ripple-SEC case, where XRP is the subject of discussion, has lingered for almost two years. The SEC claims that XRP is a security whereas Ripple says XRP is just like every other digital asset like Bitcoin (BTC) and Ethereum (ETH).

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