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Ripple and SEC Jointly Request Time Extension to Publicly File Daubert Motions




The parties request a time extension to file their respective Daubert motions in the public docket.

The Securities and Exchange Commission (SEC) and Ripple have filed a joint request to extend the deadline to file their respective Daubert motions and accompanying documents in the public docket. In a letter dated December 20, 2022, the parties asked the court to extend the deadline to January 13, 2023. It bears mentioning that prominent Ripple enthusiast and defense lawyer James K. Filan shared the letter.

Plaintiff and Defendants jointly request that the court order that the parties must file the Daubert motions and accompanying exhibits on the public docket, with redactions consistent with the court’s December 19, 2022 sealing ruling on January 13, 2023,” the parties noted in the letter.

According to the parties, the request is made due to the upcoming holidays and attorneys’ schedules. Furthermore, the parties said they are requesting a time extension to file the Daubert motions because of the number of redactions requested by third parties and the parties’ upcoming sealing briefing schedule.

Meanwhile, this is not the first time the parties jointly request a time extension. In May, the SEC and Ripple asked the court to extend the deadline for motions regarding attorney fees in line with Dr. Albert Metz’s supplemental report.

Judge Torres Issues Daubert Motion Sealing Order

The development comes less than a day after Judge Analisa Torres issued an order concerning the parties’ sealing requests for documents in connection with the Daubert motion. As reported, the SEC, Ripple, and non-parties had requested to seal and redact certain portions of documents filed alongside the Daubert motions. The parties noted that the sealing request was necessary to protect the identities of experts’ witnesses and confidential business information.

Per the ruling, Judge Torres granted Ripple and non-parties requests to seal documents submitted in connection with the parties’ Daubert motions.

However, the SEC considers themselves unlucky in the recent ruling. Judge Torres did not completely grant the SEC’s request because the Securities and Exchange Commission did not justify sealing the names of consulting expert firms that assisted the experts in their reports.

“Accordingly, the Court DENIES the SEC’s request to redact the names of the consulting firms that assisted its expert witnesses, and otherwise GRANTS the SEC’s requests to redact the documents submitted in connection with the Daubert Motions,” Judge Torres ordered. 


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