Attorney Jeremy Hogan Discusses His Expectations Post-Discovery in Ripple Litigation

Attorney Jeremy Hogan, in recent tweets, spoke on his expectations post-discovery in the Ripple-SEC case. Hogan states that Ripple believes the case might end sometime between Aug. 26 and Nov. 18. He then went on to say that the case might settle anytime. The XRP-friendly attorney had earlier predicted September for summary judgement and April/May for the next settlement talks.

Thanks @Leerzeit for showing this court order to me; it makes me feel more confident in my September summary judgment prediction.

I think Ripple thinks it wins the SEC case in Sept/Oct and then this class action goes away due to “collateral estoppel.”

— Jeremy Hogan (@attorneyjeremy1) March 6, 2022

According to the document posted by the attorney, Ripple requested the rescheduling of the pending class action from the previously agreed date of Aug. 26 to Nov. 18, 2022.

Hogan further explained that Ripple believes it might win the SEC case in September or October, after which the class action will be dismissed owing to collateral estoppel—a legal term that prevents a party from relitigating an issue addressed in a previous lawsuit, even if the issue is related to a distinct claim.

”I meant that Ripple agreed to push the California case back to November to allow the SEC case to finish. That means they think the SEC case will be over before November,” he stated.

Cryptolaw founder says what might come next after the discovery phase

In response to an XRP user, Cryptolaw founder John Deaton shares his expectations after the close of expert discovery in the Ripple lawsuit. The expert discovery phase of litigation came to a close on Feb. 28  after it had been postponed multiple times in order to conduct more depositions.

There are some Requests for Admissions ans maybe interrogatories that get answered only if she denies the motion to strike. Also, if she denies the individual executives motion to dismiss they can seek additional discovery.

— John E Deaton (@JohnEDeaton1) March 6, 2022

The XRP user had asked, ”I thought the discovery phase ended last week? Is there more discovery after the FND (Fair Notice defense) ruling?” The Cryptolaw founder then replied, ”There are some Requests for Admissions and maybe interrogatories that get answered only if she denies the motion to strike. Also, if she denies the individual executives’ motion to dismiss they can seek additional discovery.”

As previously reported by U.Today, Ripple CEO Brad Garlinghouse stated that Ripple was expecting some decisions from the court. The court is yet to rule on SEC’s pending motion to strike Ripple’s fair notice defense. Ripple and the XRP community also await Magistrate Sarah Netburn’s upcoming ruling on the SEC’s motion for reconsideration, referred to as ”the biggest decision” in the case by John Deaton.

U.S. District Judge Analisa Torres is also yet to rule on the twin motions to dismiss the lawsuit filed by the individual defendants (Brad Garlinghouse and Ripple co-founder Chris Larsen). According to John Deaton, Ripple might seek additional discovery if the twin motions to dismiss the lawsuit filed by the individual defendants are denied.