a joint application has been submitted to extend the examination period

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Latest litigation update:

Both parties filed a joint motion to extend the deadline for the expert pre-trial evidence submission.

Currently, the close of the examination is scheduled for January 14, 2022. However, due to contradictions in the work schedules of various experts and lawyers responsible for this testimony, the parties applied to the court with a request to extend them until January 19, 2022.

Both sides noted that in accordance with the previous deadline, they identified a total of 16 expert witnesses. In addition, the testimony of 15 of these 16 experts is either completed or scheduled by the previously set deadline.

The parties have achieved an extension for a good reason. In addition, they determined that this particular schedule change would not affect other timelines for the consideration of the case, given the urgency of the matter.

DPP Dispute Reopens in XRP Lawsuit

Earlier this week, both sides provided additional summary of deliberative privileges (DPP) in the Defendant’s forced reopening motion, citing a Second Circuit ruling in the Natural Resources Defense Council v. EPA (NRDC) case.

This is particularly worrying for Ripple and the XRP community as the NRDC verdict changed the scope of DPP, reopening DPP’s dispute in XRP’s lawsuit. It could also change in favor of the SEC and against the defendants, in particular with regard to documents submitted for private review.

The Securities and Exchange Commission seeks DPP protection because the NRDC’s verdict noted that the agency is not required to link its records to a “single discrete decision” to obtain DPP protection. Instead, the SEC has the power to define the broader “decision-making process” to which the records refer, rather than limiting it to a specific decision.

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