Wednesday, July 21, 2021

In XRP Case Now SEC Asks to Quash Hinman Deposition by Ripple, Letter Here

 

By Matthew Russell Lee, Patreon Podcast
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, July 8 – In SEC v. Ripple Labs Inc. et al., a discovery hearing was held on April 30 before U.S. District Court for the Southern District of New York Magistrate Judge Netburn. Inner City Press live tweeted it, see below, then put underlying emails on Patreon here.

On May 21, after an SEC submission now on Patreon here, podcast here, Judge Netburn held another conference, this time on whether the SEC can get access to legal advise to Ripple. Inner City Press fought to cover it and did, live tweeting it here and below.

  On July 8, the SEC asked Magistrate Judge Netburn to quash Ripple's subpoena to depose William H. Hinman, former director of the SEC's Division of Corporate Finance. Inner City Press previously filmed pro-XRP picket on Lexington Avenue on this topic, and now publishes the SEC's opposition on Patreon, here.

   On June 14, Judge Netburn agreed to sign and issue letters for request for the individual defendants, Bradley Garlinghouse and Christian A. Larsen, to iFinex, Bitforex, Bitrue Singapore, Coinbene Ltd Vanuatu, Coinone Co., Upbit and others. Full request letter on Patreon here.

Now on June 15, the letters have been picked up, and we learn that they will be going to the Central Authorities of the United Kingdom of Great Britain and Northern Ireland, the Cayman Islands, the British Virgin Islands, the Hong Kong Special Administrative Region of China, the Republic of Singapore, the Republic of Seychelles, the Republic of Korea, and the Republic of Malta.

The filing: "LETTERS ROGATORY ISSUED on June 15, 2021, and picked up by Cleary Gottlieb Steen & Hamilton LLP and to be served in the Central Authorities of the United Kingdom of Great Britain and Northern Ireland, the Cayman Islands, the British Virgin Islands, the Hong Kong Special Administrative Region of China, the Republic of Singapore, the Republic of Seychelles, the Republic of Korea, and the Republic of Malta.(km)"

On June 2, the SEC asked for a 60 day extension of time for discovery. Full 7-page letter on Patreon here.

On June 4, Ripple wrote to Judge Analisa Torres that they oppose any extension and will put in more paper next week. Watch this site.

On Memorial Day weekend, Judge Netburn  issued a 9-page order denying the SEC's request, without prejudice to it being renewed, full order on Patreon here: "OPINION & ORDER re: [165] LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated May 7, 2021, filed by Securities and Exchange Commission, [166] LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated May 7, 2021, filed by Securities and Exchange Commission. The SEC's motion is DENIED. If, at some later date, Ripple raises its good faith beliefs or relies upon its privileged communications in support of its fair notice defense, the Plaintiff may renew its application to the Court. Respectfully, the Clerk of Court is directed to deny the motions at ECF Nos. 165 and 166. (Signed by Magistrate Judge Sarah Netburn on 5/30/2021)."

 Inner City Press will stay on this.

The case is Securities and Exchange Commission v. Ripple Labs Inc. et al., 20-cv-10832 (Torres / Netburn)


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