Ripple lawsuit is moving toward another key phase — summary judgment

The Ripple lawsuit is moving toward another key phase — summary judgment. The court has set a deadline for the opening motions for summary judgment, which is today, September 13. On October 18, opposition papers are due, and on November 15, responses.

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

According to a recent update provided by James K. Filan, “District Judge Torres has approved the parties’ joint scheduling plan to control sealing concerns relevant to the forthcoming summary judgment petitions.” The approach aims to facilitate quick and open access to the parties’ pleadings.

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.”

The plan also mentions crucial dates to keep in mind through the end of 2022, even though summary judgment proceedings are expected to start in earnest today.


All documents related to summary judgment motions, including briefs and exhibits, are anticipated to be filed temporarily under seal by the parties on September 13. The parties will meet and consult on September 15 to decide which redactions will be included in each side’s papers in support of the requests for summary judgment. Only the temporary redactions sought by the parties during the meet and confer will be made in the public, redacted versions that the parties submit in support of the summary judgment petitions on September 19.

This is the “final game,” as attorney Jeremy Hogan puts it, where the public will learn what cards the sides are holding.

The parties will submit all documents, including briefs and exhibits, pertaining to oppositions to summary judgment motions temporarily under seal on October 18. The parties meet and consult on October 20 to determine the redactions each party requests in the opposition papers.

On November 15, the parties submit their temporary sealed summary judgment reply papers. The parties meet and discuss the redactions that will be included in the reply briefs on November 17.  The parties will next submit a publicly redacted version of the reply brief on November 21 with just the preliminary redactions that they agreed upon during the meet and confer.

Parties file omnibus petitions to seal all documents associated with summary judgment motions, including briefs and exhibits, on December 9. Along with such materials, the parties will also submit their suggested redactions. The parties are anticipated to submit oppositions to omnibus motions to seal on December 22.

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