According to recent updates supplied by defense counsel James K. Filan, Ripple has gained a modest victory in the continuing action, as the court declined the SEC’s desire to have its objection to the amicus request to join in the Daubert challenge sealed in its entirety.
SEC’s attempt to seal
“The Court dismisses the SEC’s Motion to Seal and instructs it to deliver, under seal, a redacted version of the brief and exhibits by June 14,” Filan wrote.”The Court redacts information solely to the degree required to secure information sought to be filed under seal.”
“By June 14, 2022, the Court further asks the SEC to write a letter explaining its proposed redactions and detailing which exhibits it wishes to seal,” he adds.
In essence, the court agreed with Ripple and stated that the SEC was attempting to seal more information than was required.
The SEC’s attempt to seal its reply to the amicus request to participate in the Daubert hearing was previously opposed by the Ripple defendants.
On Tuesday, Federal Judge Sarah Netburn conducted an in-person conference call to discuss the Hinman documents’ release.
The Ripple case, according to Fox journalists Eleanor Terrett and Charles Gasparino, may come down to a speech delivered four years ago by former Securities and Exchange Commission officer William “Bill” Hinman.
Ripple’s previous reaction is explained by XRP-friendly attorney Jeremy Hogan, who suggests that the SEC does not want its expert’s physical location published, while “Ripple is contending that only one document discloses the expert’s address and only that one document has to be sealed.”
Earlier, CryptoLaw founder John Deaton requested that the court file an amicus brief in a Daubert challenge involving the view of expert SEC witness Patrick Doody, who claimed to know what prompted XRP holders to purchase the asset.
The US Securities and Exchange Commission subsequently told the court of its opposition to the XRP holders’ amicus request for approval.
ALSO READ: US Court Behest Terra (LUNA) Founder To Act In Accordance With SEC Subpoena
Source: https://www.thecoinrepublic.com/2022/06/11/ripple-lawsuit-update-ripple-scores-as-court-dismisses-the-secs-motion-to-seal/