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

The Ripple lawsuit is moving toward another key phase — summary judgment. Under the schedule set by the court, the opening motions for summary judgment are due today, Sept. 13. Oppositions are due on Oct. 18, and replies are due on Nov. 15.

In a fresh update shared by James K. Filan, "District Judge Torres has approved the parties' joint scheduling proposal to governing sealing issues relating to the upcoming summary judgment motions." The proposal hopes to enable prompt and public access to the parties' briefs.

And we're chugging along to summary judgment 🚂 #Ripple https://t.co/tCjqZFlRuU

— Eleanor Terrett (@EleanorTerrett) September 12, 2022

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

While the summary judgment motions are anticipated to commence in earnest today, the proposal also touches on important dates to note until the end of 2022.

September

On Sept. 13, the parties are expected to file all materials relating to summary judgment motions temporarily under seal, including briefs and exhibits. On Sept. 15, the parties will meet and confer to identify redactions sought by each side in the briefs in support of the summary judgment motions.

On Sept. 19, the parties will file public, redacted versions in support of the summary judgment motions, making only those provisional redactions requested by the parties during the meet and confer.

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

Attorney Jeremy Hogan refers to this as the "end game," where the public will get to see the cards the parties are holding.

October

On Oct. 18, the parties will file all materials relating to oppositions to summary judgment motions temporarily under seal, including briefs and exhibits. On Oct. 20, the parties meet and confer to identify redactions sought by each side in the opposition briefs.

November

Then comes Nov. 15, when the parties file summary judgment reply briefs temporarily under seal. On Nov. 17, the parties meet and confer to identify redactions sought by each side in the reply briefs. Then, on Nov. 21, the parties will file a publicly redacted version of the reply brief, making only those provisional redactions requested by the parties during the meet and confer.

December

Dec. 9 sees parties filing omnibus motions to seal all materials relating to summary judgment motions, including briefs and exhibits. The parties will also file proposed redactions with such materials. On Dec. 22, the parties are expected to file oppositions to omnibus motions to seal.