Here’s Why This Week Remains Decisive for the XRP Lawsuit; SEC Ordered To Pay “Reasonable Expenses” in Recent Ruling

SEC Ordered To Pay “Reasonable Expenses”

In recent updates shared by Defense lawyer, James K. Filan, the Court has denied Ripple defendants’ (Brad Garlinghouse and Chris Larsen) motion to Strike the Metz Report. The court has also reopened discovery until May 13 to re-depose Dr. Metz. The SEC is however ordered to pay “reasonable expenses” regarding filing the motion and re-deposing Metz.

The SEC however scored minor wins as Judge Netburn denies Brad Garlinghouse’s Motion to Compel Production of the Estabrook notes. The Court cites the reason that Estabrook’s notes are no different from the notes the Court previously found to be protected by the privilege.

According to Attorney Jeremy Hogan, ”I expected the SEC to win this motion and agree with the Judge in so far as she reviewed the notes and applied the DPP factors.ALSO, as I Tweeted back in February, I don’t care too much. Garlinghouse was on the call and he can testify about what was said – uncontroverted”.

”The idea of “uncontroverted” evidence is very very powerful in the law. It’s evidence that MUST be believed by the Court. So unless the SEC comes up with evidence to the contrary, whatever Garlinghouse says about that conversation IS what took place. No questions asked”.

Judge Torres also granted the SEC’s motion for an extension of time to file its Objection to Magistrate Judge Netburn’s DPP Ruling. The Objection is now due 14 days after Magistrate Judge Netburn rules on the SEC’s new privilege assertions.