The latest update in the XRP lawsuit hints at a belated judgment rather than an ongoing filing. The court approved the extension of the application for submission of the pre-motion letter as a summary judgment. It was announced on the protocol sheet with the runners, which means that no specific date has been set for the filing pre-motion letter or the disclosure of important facts.
Court Pending Previous Motion Might Lead to Further Delay in the Lawsuit
However, if the court does not decide on the pending strike motion and the dismissal motion, it cannot set the deadline for submitting the pre-motion letter. The court must make a final decision on these applications before further documents are submitted. But the uncertainty of the schedule will only increase because the judgment dates of these applications are incomprehensible.
James K. Filan explained in his Twitter thread about the running docket order:
“Those motions must be decided before the other documents can be filed and we don’t know when those motions will be decided.”
Joint Extension Request
Following the DPP dispute conference call arrangement, both parties jointly submitted a request for an extension. They requested a brief extension of the fact-finding time to accept Garlinghouse and Larsen’s testimony. They also called for the deadline for finding experts to be extended to November 12, 2021.
From the start, both parties were reluctant to find mandatory documents. The SEC and Ripple came together to request an extension to strengthen their objections in exposing the dispute. However, with the increase in pending applications and successive postponements, the course of the XRP procedure seems to be slower than expected.
“Garlinghouse and Larsen’s motions to dismiss are pending before the Court, the parties are still conducting fact discovery, two motions to compel are pending before Magistrate Judge Netburn, and the parties are requesting leave to conduct two depositions in September.” Other motions, namely the strike motion and the intervention motion, are still pending.