Securities and Exchange Commission v. Ripple Labs Inc. et al.
Plaintiff: Securities and Exchange Commission
Defendant: Ripple Labs Inc., Bradley Garlinghouse and Christian A. Larsen
Petitioner: Investor A
Amicus Curiae: Chamber of Digital Commerce
Intervenor: Jordan Deaton, James LaMonte, Mya LaMonte, Tyler LaMonte, Mitchell McKenna and Kristiana Warner
Case Number: 1:2020cv10832
Filed: December 22, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Sarah Netburn
Referring Judge: Analisa Torres
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. ยง 77 Securities Fraud
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 27, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 27, 2022 Opinion or Order Filing 518 LETTER addressed to Judge Analisa Torres from Andrew J. Ceresney dated 6/27/2022 re: Proposed Redactions to Defendants' Letter [ECF 503 and 504]. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Ceresney, Andrew)
June 24, 2022 Opinion or Order Filing 517 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/7/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
June 24, 2022 Opinion or Order Filing 516 TRANSCRIPT of Proceedings re: CONFERENCE held on 6/7/2022 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/15/2022. Redacted Transcript Deadline set for 7/25/2022. Release of Transcript Restriction set for 9/22/2022..(McGuirk, Kelly)
June 23, 2022 Opinion or Order Filing 515 ***SELECTED PARTIES*** LETTER addressed to Judge Analisa Torres from Ladan F. Stewart dated June 23, 2022 re: Proposed Redactions to Defendants' Letter [ECF 503 and 504]. Document filed by Christian A. Larsen, Bradley Garlinghouse, Ripple Labs Inc., Securities and Exchange Commission. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #514 .(Stewart, Ladan)
June 23, 2022 Opinion or Order Filing 514 LETTER addressed to Judge Analisa Torres from Ladan F. Stewart dated June 23, 2022 re: Proposed Redactions to Defendants' Letter [ECF 503 and 504]. Document filed by Securities and Exchange Commission..(Stewart, Ladan)
June 21, 2022 Opinion or Order Filing 513 ORDER: The Court has reviewed Defendants' response to the Securities and Exchange Commission's (the "SEC's") opposition brief and their letter regarding the sealing of that response. See ECF Nos. 503, 504. Defendants state that they wish to file their entire response on the public docket, but that they filed it under seal because of the Court's pending ruling on the SEC's motion to seal. ECF No. 504. Accordingly, by June 23, 2022, the SEC shall file any proposed redactions to Defendants' response and a letter explaining its proposal. SO ORDERED. (Signed by Judge Analisa Torres on 6/21/2022) (vfr)
June 17, 2022 Opinion or Order Filing 512 LETTER addressed to Judge Analisa Torres from Ladan F. Stewart dated June 17, 2022 re: LETTER addressed to Judge Analisa Torres from Andrew J. Ceresney dated June 15, 2022 #510 . Document filed by Securities and Exchange Commission..(Stewart, Ladan)
June 16, 2022 Opinion or Order Filing 511 LETTER addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated June 16, 2022 re: D.E. 507. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit Attachment 1 (Revised Summary Chart of Entries on SEC Privilege Logs)).(Guerrier, Pascale)
June 15, 2022 Opinion or Order Filing 510 LETTER addressed to Judge Analisa Torres from Andrew J. Ceresney dated June 15th, 2022 re: Defendants Ripple Labs, Bradley Garlinghouse and Christian A. Larsen's response to the SEC's letter motion to seal #508 . Document filed by Ripple Labs Inc...(Ceresney, Andrew)
June 14, 2022 Opinion or Order Filing 509 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Judge Analisa Torres from Ladan F. Stewart dated June 7, 2022 re: #489 LETTER MOTION to File Amicus Brief regarding Daubert issues related to opinions of Patrick B. Doody addressed to Judge Analisa Torres from John E. Deaton dated 05.21.22. . Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)Motion or Order to File Under Seal: #508 .(Stewart, Ladan)
June 14, 2022 Opinion or Order Filing 508 LETTER MOTION to Seal SEC's Opposition to Amici Motion addressed to Judge Analisa Torres from Ladan F. Stewart dated June 14, 2022. Document filed by Securities and Exchange Commission..(Stewart, Ladan)
June 14, 2022 Opinion or Order Filing 507 ORDER: The Court previously permitted the SEC to submit 10 exemplar documents for in camera review in connection with its motion for partial reconsideration of the Court's January 13, 2022 order. See ECF No. 419. On the basis of attorney-client privilege, the SEC seeks to withhold these and other documents described in Attachment 1 to the SEC's February 17, 2022 motion for partial reconsideration. See ECF No. 429 at 12-18; ECF No. 473 at 2, 5. The Court has reviewed the 10 exemplar documents previously in the context of the deliberative process privilege but has not reviewed any other documents listed in Attachment 1. To facilitate the Court's review of the communications to which the SEC claims the attorney-client privilege applies, by June 16, 2022, the SEC may submit 10 additional documents listed in Attachment 1 for in camera review. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 6/14/2022) (mml)
June 13, 2022 Opinion or Order Filing 506 ORDER granting #505 Letter Motion to Seal. As set forth in the SEC's motion to seal, selected portions of Exhibit A to Defendants' letter motion at ECF No. 486 may be filed under seal. The motion is granted on an interim basis, and the Court may reconsider its ruling when it considers the merits of the underlying motion. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
June 10, 2022 Opinion or Order Filing 505 LETTER MOTION to Seal Re D.E. 486-1 addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated June 10, 2022. Document filed by Securities and Exchange Commission..(Guerrier, Pascale)
June 10, 2022 Opinion or Order Filing 504 LETTER addressed to Judge Analisa Torres from Andrew J Ceresney dated June 10, 2022 re: Sealing of Defendants' Response to Amici Letter. Document filed by Ripple Labs Inc...(Ceresney, Andrew)
June 10, 2022 Opinion or Order Filing 503 ***SELECTED PARTIES*** LETTER addressed to Judge Analisa Torres from Andrew J Ceresney dated June 10, 2022 re: Response to Letter Motion to File Amicus Brief Regarding Daubert Issues. Document filed by Christian A. Larsen, Bradley Garlinghouse, Ripple Labs Inc., Securities and Exchange Commission. (Attachments: #1 Exhibit 1) Email from L Zornberg to SEC)Motion or Order to File Under Seal: #502 .(Ceresney, Andrew)
June 9, 2022 Opinion or Order Filing 502 ORDER: Accordingly, by June 14, 2022, the SEC shall file a redacted version of the brief and its exhibits, under seal, that redacts information "only to the extent necessary to safeguard information sought to be filed under seal." Individual Practices in Civil Cases, Rule IV.A.ii. By June 14, 2022, the SEC shall also file a letter explaining its proposed redactions and specifying which exhibits it seeks to seal. "To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents." Id. SO ORDERED. (Signed by Judge Analisa Torres on 6/9/2022) (ks) Modified on 6/9/2022 (ks).
June 9, 2022 Opinion or Order Filing 501 LETTER RESPONSE to Motion addressed to Judge Analisa Torres from Michael K. Kellogg dated June 9, 2022 re: #498 LETTER MOTION to Seal SEC's Opposition to Amici Motion addressed to Judge Analisa Torres from Ladan F. Stewart dated June 7, 2022. . Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Kellogg, Michael)
June 8, 2022 Opinion or Order Filing 500 LETTER addressed to Judge Analisa Torres from John E. Deaton dated June 8, 2022 re: Letter-Motion clarification. Document filed by Jordan Deaton, James LaMonte, Mya LaMonte, Tyler LaMonte, Mitchell McKenna, Kristiana Warner..(Deaton, John)
June 7, 2022 Opinion or Order Filing 499 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Judge Analisa Torres from Ladan F. Stewart dated June 7, 2022 re: #489 LETTER MOTION to File Amicus Brief regarding Daubert issues related to opinions of Patrick B. Doody addressed to Judge Analisa Torres from John E. Deaton dated 05.21.22. . Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)Motion or Order to File Under Seal: #498 .(Stewart, Ladan)
June 7, 2022 Opinion or Order Filing 498 LETTER MOTION to Seal SEC's Opposition to Amici Motion addressed to Judge Analisa Torres from Ladan F. Stewart dated June 7, 2022. Document filed by Securities and Exchange Commission..(Stewart, Ladan)
June 7, 2022 Opinion or Order Filing 497 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Lisa Zornberg dated June 7, 2022 re: #486 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Lisa Zornberg dated May 18, 2022. . Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Zornberg, Lisa)
June 7, 2022 Opinion or Order Filing 496 ORDER: Due to a scheduling conflict, the conference scheduled in this case for 3:00 p.m. is RESCHEDULED for 3:30 p.m. The public is referred to the Order at ECF No. 495 for dial in information, which remains the same. SO ORDERED. Telephone Conference set for 6/7/2022 at 03:30 PM before Magistrate Judge Sarah Netburn. (Signed by Magistrate Judge Sarah Netburn on 6/7/2022) (mml)
June 1, 2022 Opinion or Order Filing 495 ORDER: A conference is scheduled for Tuesday, June 7, 2022, at 3:00 p.m. ECF No. 493. Members of the public may listen to the proceedings at the following numbers: USA: (877) 226-8215 International: (409) 207-6982 Access Code: 4713826 # Unauthorized recording and rebroadcasting of the conference (e.g., YouTube, Twitch, audio-only streams, etc.) is strictly prohibited. Any unauthorized recordings will be investigated, and anyone found to engage in such behaviors may be subject to criminal sanctions. (Signed by Magistrate Judge Sarah Netburn on 6/1/2022) (ras)
May 31, 2022 Opinion or Order Filing 494 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated May 31, 2022 re: #486 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Lisa Zornberg dated May 18, 2022., #484 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Lisa Zornberg dated May 18, 2022. . Document filed by Securities and Exchange Commission..(Guerrier, Pascale)
May 31, 2022 Opinion or Order Filing 493 ORDER: A conference is scheduled for Tuesday, June 07, 2022, at 3:00 p.m. to discuss the SEC's renewed assertion of attorney-client privilege as to internal documents related to then-Director Hinmans June 14, 2018 speech. See ECF No. 473. The conference shall take place in Courtroom 23B, Daniel P. Moynihan Courthouse, 500 Pearl Street, New York, New York. The parties are required to comply with the Court's most recent COVID-19 safety guidance, including courtroom and entry protocols. Information about the Court's protocols is available at: https://nysd.uscourts.gov/covid-19-coronavirus. The parties should plan to arrive at least 30 minutes in advance to complete the entry screening process. (Discovery Hearing set for 6/7/2022 at 03:00 PM in Courtroom 23B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 5/31/2022) (ras)
May 27, 2022 Opinion or Order Filing 492 JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated May 27, 2022 re: Fee Award. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Kellogg, Michael)
May 25, 2022 Opinion or Order Filing 491 ORDER granting #490 Letter Motion for Extension of Time to File Response/Reply re #490 LETTER MOTION for Extension of Time to File Response/Reply to Letter by Amici Curiae addressed to Judge Analisa Torres from Ladan F. Stewart dated May 24, 2022. GRANTED. SO ORDERED. Responses due by 6/7/2022 Replies due by 6/10/2022.. (Signed by Judge Analisa Torres on 5/25/2022) (kv)
May 24, 2022 Opinion or Order Filing 490 LETTER MOTION for Extension of Time to File Response/Reply to Letter by Amici Curiae addressed to Judge Analisa Torres from Ladan F. Stewart dated May 24, 2022. Document filed by Securities and Exchange Commission..(Stewart, Ladan)
May 21, 2022 Opinion or Order Filing 489 LETTER MOTION to File Amicus Brief regarding Daubert issues related to opinions of Patrick B. Doody addressed to Judge Analisa Torres from John E. Deaton dated 05.21.22. Document filed by Jordan Deaton, James LaMonte, Mya LaMonte, Tyler LaMonte, Mitchell McKenna, Kristiana Warner. (Attachments: #1 Exhibit 1: 04.27.22 Letter from Attorney Deaton, Amici Counsel to Parties re: information related to amici participation, #2 Exhibit 2: 05.02.22 Reply Letter from Attorney Guerrier, Plaintiff's Counsel to Amici Counsel, #3 Exhibit 3: 05.05.22 Reply Letter from Attorney Zornberg, Defense Counsel to Amici Counsel, #4 Exhibit 4: 05.05.22 Reply Letter from Attorney Deaton, Amici Counsel to Attorney Zornberg, #5 Exhibit 5: 05.10.22 Letter from Amici Counsel to Parties requesting copy of Plaintiff's Expert Report, #6 Exhibit 6: 05.11.22 Email from Attorney Guerrier to Attorney Zornberg designating Plaintiff's Expert's report as confidential, #7 Exhibit 7: 05.11.22 Letter from Attorney Guerrier to Amici Counsel notifying Amici of the SEC's objection, #8 Exhibit 8: 12.20.19 Expert Report of Patrick B. Doody).(Deaton, John)
May 18, 2022 Opinion or Order Filing 488 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated May 18, 2022 re: #476 LETTER MOTION for Leave to File Reply (Re: D.E. 473 & D.E. 474) addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated May 3, 2022. . Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit Ex. A Larsen Dep. Tr., #2 Exhibit Ex. B Zagone Dep. Tr., #3 Exhibit Ex. C O'Gorman Dep. Tr., #4 Exhibit Ex. D July 2021 Hearing Tr.).(Guerrier, Pascale)
May 18, 2022 Opinion or Order Filing 487 ***SELECTED PARTIES***LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated May 18, 2022 re: #476 LETTER MOTION for Leave to File Reply (Re: D.E. 473 & D.E. 474) addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated May 3, 2022. . Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit Ex. A Larsen Tr., #2 Exhibit Ex. B. Zagone Tr., #3 Exhibit Ex. C O'Gorman Tr.)Motion or Order to File Under Seal: #53 .(Guerrier, Pascale)
May 18, 2022 Opinion or Order Filing 486 ***SELECTED PARTIES*** LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Lisa Zornberg dated May 18, 2022. Document filed by Christian A. Larsen, Bradley Garlinghouse, Ripple Labs Inc., Securities and Exchange Commission. (Attachments: #1 Exhibit A - (SEALED) SEC RFA Responses, #2 Exhibit B - Email Correspondence from L. Zornberg to SEC)Motion or Order to File Under Seal: #53 .(Zornberg, Lisa)
May 18, 2022 Opinion or Order Filing 485 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -(SEE #486) ***SELECTED PARTIES*** LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Lisa Zornberg dated May 18, 2022. Document filed by Christian A. Larsen, Bradley Garlinghouse, Ripple Labs Inc.. (Attachments: #1 Exhibit A - SEC RFA Responses, #2 Exhibit B - Email Correspondence from L. Zornberg to SEC)Motion or Order to File Under Seal: #53 .(Zornberg, Lisa) Modified on 5/19/2022 (kj).(As Per Email Request on 5/19/22 @8:07am).
May 18, 2022 Opinion or Order Filing 484 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Lisa Zornberg dated May 18, 2022. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit A - (REDACTED) SEC RFA Responses, #2 Exhibit B - Email Correspondence from L. Zornberg to SEC).(Zornberg, Lisa)
May 18, 2022 Opinion or Order Filing 483 ORDER granting #482 Letter Motion for Leave to File Excess Pages. Defendants' request is GRANTED. Defendants' anticipated motion may not exceed 7 pages and is due no later than May 23, 2022. The SEC's opposition may not exceed 7 pages and is due within 10 business days of the filing of Defendants' motion (or no later than June 7, 2022). Defendants' reply, if any, may not exceed 4 pages and is due within 7 business days of the SEC's opposition (no later than June 16, 2022). (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
May 17, 2022 Opinion or Order Filing 482 CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge Sarah Netburn from Lisa Zornberg dated May 17, 2022. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Zornberg, Lisa)
May 16, 2022 Opinion or Order Filing 481 ORDER granting #479 Letter Motion for Extension of Time. Any motion for attorneys' fees as described in the Court's April 19, 2022 order, ECF No. 469, is due by May 27, 2022. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
May 13, 2022 Opinion or Order Filing 480 LETTER addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated May 13, 2022 re: response to SEC's April 29 letter regarding attorney-client privilege #473 . Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit A - Hinman Declaration, #2 Exhibit B - Hinman Deposition Transcript Excerpts).(Solomon, Matthew)
May 13, 2022 Opinion or Order Filing 479 JOINT LETTER MOTION for Extension of Time re motion for attorney's fees addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated May 13, 2022. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Kellogg, Michael)
May 4, 2022 Opinion or Order Filing 478 ORDER granting #476 Letter Motion for Leave to File Document. The SEC's reply is due by May 18, 2022. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
May 3, 2022 Opinion or Order Filing 477 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated May 3, 2022 re: #476 LETTER MOTION for Leave to File Reply (Re: D.E. 473 & D.E. 474) addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated May 3, 2022. . Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Solomon, Matthew)
May 3, 2022 Opinion or Order Filing 476 LETTER MOTION for Leave to File Reply (Re: D.E. 473 & D.E. 474) addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated May 3, 2022. Document filed by Securities and Exchange Commission..(Guerrier, Pascale)
May 3, 2022 Opinion or Order Filing 475 ORDER granting #474 Letter Motion for Extension of Time. Defendants' request is GRANTED. Defendants' response to the SEC's letter brief is due by May 13, 2022. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
May 2, 2022 Opinion or Order Filing 474 LETTER MOTION for Extension of Time to respond to the SEC's letter brief setting forth its assertions that internal documents related to a speech given by a former SEC official, ECF No. #473 are protected from disclosure by the attorney-client privilege addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated May 2, 2022. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Solomon, Matthew)
April 29, 2022 Opinion or Order Filing 473 LETTER addressed to Magistrate Judge Sarah Netburn from Mark R. Sylvester dated April 29, 2022 re: SEC's Assertion of Attorney-Client Privilege. Document filed by Securities and Exchange Commission..(Sylvester, Mark)
April 28, 2022 Opinion or Order Filing 472 ORDER: The Court has reviewed the parties' letter dated April 22, 2022. ECF No. 471. Accordingly, 1. By July 12, 2022, the parties shall file any motions to exclude expert testimony. By August 9, 2022, the parties shall file their oppositions. By August 30, 2022, the parties shall file replies, if any. Each motion to exclude expert testimony and response will be limited to 15 pages per side. Either party may move the Court to file an omnibus motion and propose an appropriate page length. 2. By September 13, 2022, the parties shall file any motions for summary judgment and Rule 56.1 statements. By October 18, 2022, the parties shall file their oppositions and responses to Rule 56.1 statements. By November 15, 2022, the parties shall file replies, if any. If Defendants choose to file separate motions, their motions and oppositions will be limited to 30 pages, and their replies, if any, will be limited to 15 pages. If Defendants choose to file a joint motion, their motion and opposition will be limited to 75 pages, and their reply, if any, will be limited to 45 pages. The Securities and Exchange Commission's motion and opposition will be limited to 75 pages, and its reply will be limited to 45 pages. SO ORDERED. ( Motions due by 9/13/2022., Responses due by 10/18/2022, Replies due by 11/15/2022.) (Signed by Judge Analisa Torres on 4/28/2022) (tg)
April 22, 2022 Opinion or Order Filing 471 JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated April 22, 2022 re: briefing schedule for summary judgment motions and motions to exclude the testimony of experts. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Kellogg, Michael)
April 19, 2022 Opinion or Order Filing 470 ORDER granting #467 Letter Motion for Extension of Time. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 4/19/2022) (jca)
April 19, 2022 Opinion or Order Filing 469 ORDER denying #439 Letter Motion for Local Rule 37.2 Conference. Defendants' motion to strike Dr. Metz's supplemental report is DENIED. Expert discovery is reopened until May 13, 2022, to re-depose Dr. Metz as to the analysis in his supplemental report and to permit the filing of any supplemental report by Defendants responding to Dr. Metz's report. The SEC is ordered to pay Defendants for reasonable expenses incurred in filing their motion to strike and re-deposing Dr. Metz. The parties are ordered to meet and confer and reach agreement on a reasonable fee award. If the parties cannot reach agreement, Defendants may accept 10 hours at the average hourly rate for counsel who worked on this motion after removing the highest and lowest hourly rate, plus four hours for Dr. Metz's deposition. In the alternative, any motion for attorneys' fees shall be filed by May 13, 2022. The Clerk of Court is respectfully directed to deny the motion at ECF No. 439. (Signed by Magistrate Judge Sarah Netburn on 4/19/2022) (ras)
April 19, 2022 Opinion or Order Filing 468 ORDER denying #424 LETTER MOTION for Conference re SEC Privilege Assertions addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated February 10, 2022. Garlinghouse's motion is DENIED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 424. (Signed by Magistrate Judge Sarah Netburn on 4/19/2022) (ras)
April 15, 2022 Opinion or Order Filing 467 LETTER MOTION for Extension of Time to File Objections to January 13, 2022 and April 11, 2022 Orders addressed to Judge Analisa Torres from Mark R. Sylvester dated April 15, 2022. Document filed by Securities and Exchange Commission..(Sylvester, Mark)
April 15, 2022 Opinion or Order Filing 466 LETTER addressed to Magistrate Judge Sarah Netburn from Mark R. Sylvester dated April 15, 2022 re: Discovery Pursuant to D.E. 452. Document filed by Securities and Exchange Commission..(Sylvester, Mark)
April 11, 2022 Opinion or Order Filing 465 OPINION & ORDER re: #429 LETTER MOTION for Discovery re: Partial Reconsideration and Clarification addressed to Magistrate Judge Sarah Netburn from Ladan F. Stewart dated February 17, 2022, filed by Securities and Exchange Commission. The SEC's motion for reconsideration is DENIED and its motion for clarification is GRANTED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 429. (Signed by Magistrate Judge Sarah Netburn on 4/11/2022) (ras)
April 11, 2022 Opinion or Order Filing 464 MEMO ENDORSEMENT on re: #454 Letter, filed by Securities and Exchange Commission. ENDORSEMENT: The Court has reviewed the SEC's proposed redactions. The SEC's request is GRANTED. (Signed by Magistrate Judge Sarah Netburn on 4/11/2022) (ras)
April 8, 2022 Opinion or Order Filing 463 ANSWER to #46 Amended Complaint with JURY DEMAND. Document filed by Christian A. Larsen..(Flumenbaum, Martin)
April 8, 2022 Opinion or Order Filing 462 ANSWER to #46 Amended Complaint with JURY DEMAND. Document filed by Bradley Garlinghouse..(Solomon, Matthew)
April 6, 2022 Opinion or Order Filing 461 LETTER addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated April 6, 2022 re: Amended Declaration of V. Szczepanik. Document filed by Securities and Exchange Commission. (Attachments: #1 Amended Declaration of V. Szczepanik).(Guerrier, Pascale)
April 5, 2022 Opinion or Order Filing 460 ORDER: The Court has reviewed the SEC's letter requesting leave to redact portions of four sets of handwritten notes by SEC staff. The SEC is ORDERED to submit its proposed redactions for in camera review by April 8, 2022. (Signed by Magistrate Judge Sarah Netburn on 4/5/2022) (ras)
April 4, 2022 Opinion or Order Filing 459 LETTER addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated April 4, 2022 re: response to the SEC's request for leave to redact portions of handwritten notes by SEC staff (ECF No. #454 ).. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Solomon, Matthew)
March 28, 2022 Opinion or Order Filing 458 ORDER granting #457 Letter Motion for Extension of Time. The SEC is directed to produce the redacted documents for Defendants' assessment by March 30, 2022. Defendants' response is due April 4, 2022. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
March 25, 2022 Opinion or Order Filing 457 CONSENT LETTER MOTION for Extension of Time to file response to the SEC's request for leave to redact notes addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated March 25, 2022. Document filed by Bradley Garlinghouse..(Solomon, Matthew)
March 25, 2022 Opinion or Order Filing 456 ORDER granting #453 Letter Motion for Extension of Time to Answer. The Individual Defendants' request is GRANTED. The Individual Defendants' answers are due no later than April 8, 2022. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
March 24, 2022 Opinion or Order Filing 455 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated March 24, 2022 re: #439 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated March 11, 2022. . Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Kellogg, Michael)
March 23, 2022 Opinion or Order Filing 454 LETTER addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated March 23, 2022 re: Leave to Redact Notes Pursuant to 1/13/22 Order (Dkt. 413). Document filed by Securities and Exchange Commission. (Attachments: #1 Szczepanik Declaration, #2 Seaman Declaration, #3 Ingram Declaration).(Guerrier, Pascale)
March 23, 2022 Opinion or Order Filing 453 CONSENT LETTER MOTION for Extension of Time to File Answer re: #46 Amended Complaint addressed to Judge Analisa Torres from Martin Flumenbaum and Matthew C. Solomon dated March 23, 2022. Document filed by Bradley Garlinghouse, Christian A. Larsen..(Flumenbaum, Martin)
March 23, 2022 Opinion or Order Filing 452 ORDER granting #449 Letter Motion for Extension of Time. The SEC's request is GRANTED. The SEC shall inform the Court of its position on whether any additional discovery is required within a week of the filing of the Individual Defendants' answers. The parties are directed to meet and confer as to a briefing schedule for summary judgment motions. The parties shall submit a joint proposed schedule for the Court's approval no later than one week after the SEC's submission. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
March 21, 2022 Opinion or Order Filing 451 LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated March 21, 2022 re: #449 LETTER MOTION for Extension of Time addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated March 21, 2022. . Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Kellogg, Michael)
March 21, 2022 Opinion or Order Filing 450 LETTER addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated March 21, 2022 re: SEC's March 14 Letter (ECF No. #445 ). Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Solomon, Matthew)
March 21, 2022 Opinion or Order Filing 449 LETTER MOTION for Extension of Time addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated March 21, 2022. Document filed by Securities and Exchange Commission..(Guerrier, Pascale)
March 18, 2022 Opinion or Order Filing 448 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Robert Moye dated March 18, 2022 re: #439 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated March 11, 2022. . Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, Metz deposition transcript pages).(Moye, Robert)
March 16, 2022 Opinion or Order Filing 447 ORDER granting #446 Letter Motion for Extension of Time to File. Defendants' request is GRANTED. Defendants' response to the SEC's letter, ECF No. 445, is due by March 21, 2022. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
March 15, 2022 Opinion or Order Filing 446 CONSENT LETTER MOTION for Extension of Time to File response to SEC's letter regarding Pending Motions in Light of D.E. 441 addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated March 15, 2022. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Solomon, Matthew)
March 14, 2022 Opinion or Order Filing 445 LETTER addressed to Magistrate Judge Sarah Netburn from Mark R. Sylvester dated March 14, 2022 re: Pending Motions in Light of D.E. 441. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B).(Sylvester, Mark)
March 14, 2022 Opinion or Order Filing 444 ORDER: In light of the Court's March 11, 2022 order denying Defendant Larsen's and Defendant Garlinghouse's motions to dismiss, the parties are directed to meet and confer to determine what, if any, additional discovery is necessary. The parties shall file a joint letter by March 23, 2022, informing the Court of any additional discovery they intend to seek. The letter should propose a schedule for the efficient completion of this discovery. (Signed by Magistrate Judge Sarah Netburn on 3/14/22022) (ras)
March 14, 2022 Opinion or Order Filing 443 ORDER granting #442 Letter Motion for Extension of Time. The SEC's response to Defendants' motion is due by March 18, 2022. Defendants' reply, if any, is due by March 24, 2022. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
March 14, 2022 Opinion or Order Filing 442 LETTER MOTION for Extension of Time to File Response to Defendants' Motion to Strike Dr. Metz's Supplemental Expert Report addressed to Magistrate Judge Sarah Netburn from Mark R. Sylvester dated March 14, 2022. Document filed by Securities and Exchange Commission..(Sylvester, Mark)
March 11, 2022 Opinion or Order Filing 441 ORDER denying #105 Motion to Dismiss; denying #110 Motion to Dismiss. For the foregoing reasons, the Individual Defendants' motions are DENIED. The Clerk of Court is directed to terminate the motions at ECF Nos. 105 and 110. SO ORDERED.. (Signed by Judge Analisa Torres on 3/11/2022) (kv)
March 11, 2022 Opinion or Order Filing 440 ORDER denying #128 Motion to Strike docket entry and document #128 MOTION to Strike Document No. #51 Motion to Strike Defendant Ripple Labs, Inc.'s Fourth Affirmative Defense. filed by Securities and Exchange Commission, #51 Answer to Amended Complaint filed by Ripple Labs Inc. from the record. For the foregoing reasons, the SEC's motion is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 128. SO ORDERED.. (Signed by Judge Analisa Torres on 3/11/2022) (kv)
March 11, 2022 Opinion or Order Filing 439 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated March 11, 2022. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit A - Supplemental Expert Report of Albert Metz, #2 Exhibit B - Amended Opening Expert Report of Albert Metz, #3 Exhibit C - Expert Rebuttal Report of Albert Metz, #4 Exhibit D - Expert Rebuttal Report of M. Laurentius Marais, #5 Exhibit E - Expert Rebuttal Report of Daniel R. Fischel).(Kellogg, Michael)
February 28, 2022 Opinion or Order Filing 438 MEMO ENDORSEMENT on re: #435 Proposed Order for Withdrawal of Attorney filed by Christian A. Larsen. Attorney Justin David Ward terminated. (Signed by Magistrate Judge Sarah Netburn on 2/28/2022) (ras)
February 28, 2022 Opinion or Order Filing 437 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon and Nowell D. Bamberger dated February 28, 2022 re: #424 LETTER MOTION for Conference re SEC Privilege Assertions addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated February 10, 2022. . Document filed by Bradley Garlinghouse..(Solomon, Matthew)
February 25, 2022 Opinion or Order Filing 436 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated February 25, 2022 re: #429 LETTER MOTION for Discovery re: Partial Reconsideration and Clarification addressed to Magistrate Judge Sarah Netburn from Ladan F. Stewart dated February 17, 2022. . Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit A - Hinman Declaration, #2 Exhibit B - SEC Motion to Quash, #3 Exhibit C - Excerpt from Hinman Depo Transcript, #4 Exhibit D - SEC v. LBRY - Motion Hearing).(Solomon, Matthew)
February 25, 2022 Opinion or Order Filing 435 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Christian A. Larsen..(Ward, Justin)
February 24, 2022 Opinion or Order Filing 434 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Ladan F. Stewart dated February 24, 2022 re: #424 LETTER MOTION for Conference re SEC Privilege Assertions addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated February 10, 2022. . Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B).(Stewart, Ladan)
February 23, 2022 Opinion or Order Filing 433 ORDER: denying #431 Letter Motion for Leave to File Document. DENIED. SO ORDERED. (Signed by Judge Analisa Torres on 2/23/2022) (ama)
February 22, 2022 Opinion or Order Filing 432 LETTER addressed to Judge Analisa Torres from Michael K. Kellogg dated 02/22/2022 re: Response to the SEC's Letter Motion Seeking Leave to Submit a Sur-sur-reply. Document filed by Ripple Labs Inc...(Kellogg, Michael)
February 22, 2022 Opinion or Order Filing 431 LETTER MOTION for Leave to File Sur-Sur-Reply addressed to Judge Analisa Torres from Benjamin Hanauer dated 02/22/2022. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit Ex. 1 - Sur-Sur-Reply).(Hanauer, Benjamin)
February 18, 2022 Opinion or Order Filing 430 ORDER re: #428 Letter, filed by Christian A. Larsen, Ripple Labs Inc.. The Court has reviewed Defendants Ripple Labs, Inc. and Christian A. Larsen's letter and proposed redactions to Exhibit E. See ECF Nos. 428, 428-1. Accordingly, the Clerk of Court is directed to unseal ECF Nos. 106, 108-1, 108-2, 130-1, 130-2, 131, 172, 179-1, 179-2, 183, and 222. The Clerk of Court is further directed to strike ECF No. 179-3 from the docket. The document at ECF No. 428-1 shall be considered ECF No. 179-3. SO ORDERED. (Signed by Judge Analisa Torres on 2/18/2022) (kv)
February 17, 2022 Opinion or Order Filing 429 LETTER MOTION for Discovery re: Partial Reconsideration and Clarification addressed to Magistrate Judge Sarah Netburn from Ladan F. Stewart dated February 17, 2022. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Stewart, Ladan)
February 17, 2022 Opinion or Order Filing 428 LETTER addressed to Judge Analisa Torres from Martin Flumenbaum and Andrew J. Ceresney dated February 17, 2022 re: Response to the Court's 2/3/22 Order. Document filed by Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit E-Proposed Redaction).(Flumenbaum, Martin)
February 11, 2022 Opinion or Order Filing 427 ORDER granting #425 Letter Motion for Extension of Time. The SEC shall file its response to Defendants' letter motion (ECF No. 424) on February 24, 2022. At that time, the SEC is further ORDERED to email to chambers the challenged "Estabrook Notes" for in camera review. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
February 11, 2022 Opinion or Order Filing 426 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated February 11, 2022 re: #425 LETTER MOTION for Extension of Time to Respond to Defendant Garlinghouse's Motion to Compel (D.E. 424) addressed to Magistrate Judge Sarah Netburn from Mark R. Sylvester dated February 11, 2022. . Document filed by Bradley Garlinghouse..(Solomon, Matthew)
February 11, 2022 Opinion or Order Filing 425 LETTER MOTION for Extension of Time to Respond to Defendant Garlinghouse's Motion to Compel (D.E. 424) addressed to Magistrate Judge Sarah Netburn from Mark R. Sylvester dated February 11, 2022. Document filed by Securities and Exchange Commission..(Sylvester, Mark)
February 10, 2022 Opinion or Order Filing 424 LETTER MOTION for Conference re SEC Privilege Assertions addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated February 10, 2022. Document filed by Bradley Garlinghouse. (Attachments: #1 Exhibit A 2022.01.20 SEC Privilege Log, #2 Exhibit B 2022.01.20 Ltr. from SEC, #3 Exhibit C 2022.01.28 Ltr. from Defendants, #4 Exhibit D 2022.02.02 Ltr. from SEC, #5 Exhibit E 2018.11.14 Email from B. Garlinghouse, #6 Exhibit F 2021.09.20 Garlinghouse Dep. Tr., #7 Exhibit G 2018.08.20 SEC Memo).(Solomon, Matthew)
February 9, 2022 Opinion or Order Filing 423 REPLY to Response to Motion re: #128 MOTION to Strike Document No. #51 Motion to Strike Defendant Ripple Labs, Inc.'s Fourth Affirmative Defense. SUR-REPLY IN OPPOSITION. Document filed by Ripple Labs Inc.. (Attachments: #1 Exhibit A).(Kellogg, Michael)
February 3, 2022 Opinion or Order Filing 422 ORDER denying #104 Letter Motion to Seal; denying #170 Letter Motion to Seal; denying #221 Letter Motion to Seal; granting #225 Letter Motion to Seal; granting #229 Letter Motion for Leave to File Document. For the foregoing reasons, Defendants motions are GRANTED in part, and DENIED in part. Specifically, 1) Larsen's and Ripple's motions to seal the Legal Memos are DENIED. By February 17, 2022, Larsen and Ripple shall propose specific redactions that comply with the Court's Order. If they have not done so by that date, the Court shall direct the Clerk of Court to (a) unseal the legal memorandum at ECF Nos. 108-1, 130-1, and 179-1 and replace it with the redacted version at ECF No. 178-1, and (b) unseal the legal memorandum at ECF Nos. 108-2, 130-2, and 179-2 and replace it with the redacted version at 178-2. 2) Larsen's motion to seal Exhibit E is DENIED. By February 17, 2022, Larsen shall submit a letter to the Court explaining why Exhibit E should be sealed and propose specific redactions that comply with the Court's Order. If he has not done so by that date, the Court shall direct the Clerk of Court to unseal Exhibit E at ECF No. 179-3. 3) Larsen's motion to file redacted versions of the Larsen Memo, Larsen Reply, and SEC Opposition is DENIED. By February 17, 2022, Larsen shall propose specific redactions that comply with the Court's Order. If he has not done so by that date, the Court shall direct the Clerk of Court to unseal the Larsen Memo, ECF No. 106, the Larsen Reply, ECF No. 222, and the SEC Opposition, ECF No. 183. 4) Ripple's motion to file redacted versions of the Ripple Opposition and the SEC Memo is DENIED. By February 17, 2022, Ripple shall propose specific redactions that comply with the Court's Order. If it has not done so by that date, the Court shall direct the Clerk of Court to unseal the Ripple Opposition, ECF No. 127, and the SEC Memo, ECF No. 131. 5) Garlinghouse's motion to seal Exhibits K, L, and M is GRANTED. 6) The Clerk of Court is directed to unseal the documents at ECF Nos. 172-1, 179-4, and 179-5. 7) Ripple's motion for leave to file a sur-reply is GRANTED. By February 9, 2022, Ripple shall file its sur-reply. 8) The Clerk of Court is directed to terminate the motions at ECF Nos. 104, 170, 221, 225, and 229. SO ORDERED.. (Signed by Judge Analisa Torres on 2/3/2022) (kv)
February 3, 2022 Opinion or Order Set/Reset Deadlines: Surreplies due by 2/9/2022. (kv)
January 27, 2022 Opinion or Order Filing 421 LETTER addressed to Judge Analisa Torres from Michael K. Kellogg dated January 27, 2022 re: Response to the SEC's notice of supplemental authority (ECF No. 420). Document filed by Ripple Labs Inc...(Kellogg, Michael)
January 27, 2022 Opinion or Order Filing 420 LETTER addressed to Judge Analisa Torres from Mark R. Sylvester dated January 27, 2022 re: Supplemental Authority re SEC's Motion to Strike Ripple's Fourth Affirmative Defense. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit Exhibit A).(Sylvester, Mark)
January 24, 2022 Opinion or Order Filing 419 ORDER granting in part #416 Letter Motion for Extension of Time; granting in part #417 Letter Motion for Extension of Time. The SEC's request is granted in part. The SEC may file any motion for reconsideration by February 17, 2022, and the Defendants may file their response by February 25, 2022. No reply briefs are permitted. Briefs shall be limited to ten pages (double-spaced) and the publicly-filed versions should be minimally redacted. The SEC may submit 10 additional documents for in camera review, along with its motion. The deadline for either party to file an objection to District Judge Torres from the Court's January 13, 2022 Opinion & Order is stayed until 14 days from a decision on the motion for reconsideration. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
January 24, 2022 Opinion or Order Filing 418 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated January 24, 2022 re: #416 LETTER MOTION for Extension of Time addressed to Magistrate Judge Sarah Netburn from Ladan F. Stewart dated January 21, 2022. . Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Solomon, Matthew)
January 21, 2022 Opinion or Order Filing 417 FIRST LETTER MOTION for Extension of Time to File Objections addressed to Judge Analisa Torres from Mark R. Sylvester dated January 21, 2022. Document filed by Securities and Exchange Commission..(Sylvester, Mark)
January 21, 2022 Opinion or Order Filing 416 LETTER MOTION for Extension of Time addressed to Magistrate Judge Sarah Netburn from Ladan F. Stewart dated January 21, 2022. Document filed by Securities and Exchange Commission..(Stewart, Ladan)
January 18, 2022 Opinion or Order Filing 415 MEMO ENDORSEMENT on re: #414 Proposed Order for Withdrawal of Attorney filed by Christian A. Larsen. ENDORSEMENT: So Ordered. Attorney Robin Linsenmayer terminated. (Signed by Magistrate Judge Sarah Netburn on 1/18/2022) (js)
January 14, 2022 Opinion or Order Filing 414 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Christian A. Larsen..(Linsenmayer, Robin)
January 13, 2022 Opinion or Order Filing 413 OPINION & ORDER re: #290 LETTER MOTION for Conference re: SEC privilege assertions [REDACTED] addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated August 10, 2021, filed by Bradley Garlinghouse, #289 LETTER MOTION for Conference re: SEC privilege assertions addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated August 10, 2021, filed by Bradley Garlinghouse. Defendants' motion is GRANTED in part as to Parts A, C-F, H-K, N, and P of Entry 1 of Appendix A, and GRANTED in full as to Entry 9 of Appendix A. To the extent the SEC believes discrete portions of the notes in Entry 1 express the notetakers' own thinking or reflect deliberations or communications among SEC staff, the SEC may seek leave for limited redactions. Defendants' motion is otherwise DENIED. The SEC is further ordered to review its privilege log and produce, in full or in part, any documents previously withheld based on the privilege that would be inconsistent with this order. Respectfully, the Clerk of Court is directed to grant in part and deny in part the motions at ECF Nos. 289 and 290. (Signed by Magistrate Judge Sarah Netburn on 1/13/2022) (ras)
January 13, 2022 Opinion or Order Filing 412 ORDER granting #98 Letter Motion to Seal. In light of the Court's decisions on the merits of Defendants' motions at ECF Nos. 59 and 67, Defendants' motion to seal is GRANTED. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
January 13, 2022 Opinion or Order Filing 411 ORDER granting #410 Letter Motion for Extension of Time to Complete Discovery. Expert discovery shall be completed by February 28, 2022. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
January 12, 2022 Opinion or Order Filing 410 LETTER MOTION for Extension of Time to Complete Discovery (Agreed Motion) addressed to Judge Analisa Torres from Benjamin J. Hanauer dated January 12, 2022. Document filed by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order Exhibit A (proposed order)).(Hanauer, Benjamin)
January 10, 2022 Opinion or Order Filing 409 LETTER addressed to Judge Analisa Torres from Michael K. Kellogg dated January 10, 2022 re: Response to the SEC's notice of supplemental authority (ECF No. 408). Document filed by Ripple Labs Inc...(Kellogg, Michael)
January 6, 2022 Opinion or Order Filing 408 LETTER addressed to Judge Analisa Torres from Mark R. Sylvester dated January 6, 2022 re: Supplemental Authority re SEC's Motion to Strike Ripple's Fourth Affirmative Defense. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit Exhibit A - SEC v. Fife).(Sylvester, Mark)
December 13, 2021 Opinion or Order Filing 407 ORDER granting #406 Letter Motion for Extension of Time. The parties' request is GRANTED. The parties may conduct one final expert deposition on January 19, 2022. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
December 10, 2021 Opinion or Order Filing 406 LETTER MOTION for Extension of Time to Take One Expert Deposition on January 19, 2022 addressed to Judge Analisa Torres from Mark R. Sylvester dated December 10, 2021. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit Exhibit A - Proposed Order).(Sylvester, Mark)
December 8, 2021 Opinion or Order Filing 405 LETTER addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated December 8, 2021 re: Second Circuit's decision in NRDC v. EPA #403 . Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Solomon, Matthew)
December 8, 2021 Opinion or Order Filing 404 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Ladan F. Stewart dated December 8, 2021 re: #289 LETTER MOTION for Conference re: SEC privilege assertions addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated August 10, 2021. . Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A).(Stewart, Ladan)
December 3, 2021 Opinion or Order Filing 403 ORDER with respect to #289 Letter Motion for Conference re: #289 LETTER MOTION for Conference re: SEC privilege assertions addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated August 10, 2021. On November 29, 2021, the Court of Appeals issued a decision in Nat. Res. Def. Council v. U.S. Env't Prot. Agency, No. 20-cv-422, 2021 WL 5549405 (2d Cir. Nov. 29, 2021), addressing the scope of the deliberative process privilege. In light of this decision, by December 8, 2021, the parties shall simultaneously file letter briefs no longer than three pages to supplement their arguments concerning Defendants' motion to compel, ECF No. 289. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 12/3/2021) (tg)
November 8, 2021 Opinion or Order Filing 402 ORDER granting #370 Letter Motion. Ripple's search of its recorded meetings has been inadequate under the circumstances. While the Court recognizes that a human review of the recordings may be unreasonable, a reasonable search could include automated transcriptions of recordings (similar to the common technology used to transcribe voicemail messages) and the use of search terms. Accordingly, Ripple is ORDERED to conduct a reasonable search of the relevant video and audio-taped recordings and produce responsive documents. Because Ripple represents that it has more than 4,000 recordings, the parties are ORDERED to meet and confer to determine whether there are particular time periods when recordings are most likely to be responsive to the SEC's discovery demands. For example, meetings in the weeks preceding dates of significance may generate more probative material than meetings held at other times. Similarly, cross-references with the calendars for the Individual Defendants or other key employees may identify meetings of significance. In light of the close of discovery, Ripple is order to undertake such efforts without delay. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
October 28, 2021 Opinion or Order Filing 401 ORDER granting #398 Letter Motion to Seal. As set forth in Defendants' motion to seal, the following documents may be filed under seal: Exhibits A and B to Defendants' October 22, 2021 letter response to the SEC's October 15, 2021 filing (ECF Nos. 399-1, 399-2). The motion is granted on an interim basis, and the Court may reconsider its ruling when it considers the merits of the underlying motion. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
October 22, 2021 Opinion or Order Filing 400 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated October 22, 2021 re: #289 LETTER MOTION for Conference re: SEC privilege assertions addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated August 10, 2021. [REDACTED]. Document filed by Bradley Garlinghouse. (Attachments: #1 Exhibit A - SEC 9/2/2021 Privilege Log, #2 Exhibit B - 10/23/2018 Law Firm Memo).(Solomon, Matthew)
October 22, 2021 Opinion or Order Filing 399 ***SELECTED PARTIES***LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated October 22, 2021 re: #289 LETTER MOTION for Conference re: SEC privilege assertions addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated August 10, 2021. . Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc., Securities and Exchange Commission. (Attachments: #1 Exhibit A - SEC 9/2/2021 Privilege Log, #2 Exhibit B - 10/23/2018 Law Firm Memo)Motion or Order to File Under Seal: #398 .(Solomon, Matthew)
October 22, 2021 Opinion or Order Filing 398 LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated October 22, 2021. Document filed by Bradley Garlinghouse..(Solomon, Matthew)
October 21, 2021 Opinion or Order Filing 397 ORDER granting in part and denying in part #326 Letter Motion to Compel; granting in part and denying in part #367 Letter Motion for Conference re: #326 LETTER MOTION to Compel Interrogatory Responses addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated August 31, 2021., #367 LETTER MOTION for Conference to Seek a Protective Order against Excessive Requests for Admission addressed to Magistrate Judge Sarah Netburn from Robert Moye dated September 30, 2021. Defendants' motion to compel is granted as to Ripple Interrogatory Nos. 2 and 11 and denied without prejudice as to Larsen Interrogatory No. 5. As to the rest of the interrogatories at issue, Defendants' motion is granted insofar as the SEC is ordered to supplement any responses that are unverified because they incorporate or refer to unverified statements, and to supplement any responses that incorporate by reference its responses to other interrogatories in accordance with Rule 33(b)(3). The SEC's motion for a protective order is granted as to the Sixth Set of Requests and denied as to the Fourth and Fifth Sets of Requests. Unless otherwise provided in this Order, the SEC must respond to these discovery demands within 45 days. The Clerk of Court is respectfully requested to grant in part and deny in part the motions at ECF No. 326 and 367. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 10/21/2021) (jca)
October 20, 2021 Opinion or Order Filing 396 ORDER granting #389 Letter Motion for Extension of Time to Complete Discovery. The parties agree to extend the deadline to exchange expert rebuttal reports to November 12, 2021. They dispute, however, whether all expert discovery (including depositions) should be completed by December 10, 2021 (giving the parties 18 business days to conduct depositions) or January 14, 2022 (giving the parties 36 business days). The parties acknowledge that there are likely at least 14 expert witnesses that will be deposed. The Defendants believe these depositions can reasonably be conducted within 18 business days given the resources available to the SEC. They further argue that any further delay in resolving this case will cause serious harm to the interests of the Defendants and XRP holders. While the Court recognizes that both parties have dedicated substantial resources to prosecute this case, given the pending motions to dismiss and strike, and the previous adjournment of any deadline to file a motion for summary judgment, the additional time sought by the SEC will not affect the schedule to resolve this case. Rather, the additional time sought by the SEC will allow both sides to complete the outstanding fact discovery and properly prepare for expert depositions. Accordingly, the SEC's application is GRANTED. Expert discovery will be completed on January 14, 2022, with rebuttal reports exchanged by November 12, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
October 20, 2021 Opinion or Order Filing 395 ORDER denying #392 Letter Motion to File Amicus Brief. The XRP Holders' request to submit a statement with respect to their interest in the scheduling of discovery is denied. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
October 20, 2021 Opinion or Order Filing 394 NOTICE OF CHANGE OF ADDRESS by Meredith Richardson Dearborn on behalf of Christian A. Larsen. New Address: Paul, Weiss, Rifkind, Wharton & Garrison LLP, 535 Mission St., 24th Fl, San Francisco, California, USA 94105, 628-432-5100..(Dearborn, Meredith)
October 19, 2021 Opinion or Order Filing 393 ORDER granting #380 Letter Motion to Seal. As set forth in Defendant Ripple's motion to seal, the following documents may be filed under seal: (i) redacted portions of the SEC's October 1, 2021 letter motion to compel recordings of Ripple meetings (ECF No. 369); (ii) exhibits the SEC filed under seal in support thereof (ECF No. 369-1 - 369-9); (iii) redacted portions of Defendant Ripple's October 8, 2021 letter in response to the motion to compel (ECF No. 378); and (iv) exhibits Defendant Ripple filed under seal in support thereof (ECF No. 378-1 - 378-3). The motion is granted on an interim basis, and the Court may reconsider its ruling when it considers the merits of the underlying motion. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
October 19, 2021 Opinion or Order Filing 392 LETTER MOTION to File Amicus Brief addressed to Judge Analisa Torres from John E. Deaton dated 10/19/2021. Document filed by Jordan Deaton, James LaMonte, Mya LaMonte, Tyler LaMonte, Mitchell McKenna, Kristiana Warner..(Deaton, John)
October 19, 2021 Opinion or Order Filing 391 NOTICE OF CHANGE OF ADDRESS by Robin Linsenmayer on behalf of Christian A. Larsen. New Address: Paul, Weiss, Rifkind, Wharton & Garrison LLP, 535 Mission St., 24th Fl, San Francisco, CA, USA 94105, 628-432-5117..(Linsenmayer, Robin)
October 18, 2021 Opinion or Order Filing 390 LETTER addressed to Judge Analisa Torres from Andrew J. Ceresney dated 10/18/21 re: Opposing Letter Motion filed at ECF 389 for Extension of Time to Complete Discovery with Respect to Rebuttal Report Date and Expert Discovery Deadline. Document filed by Ripple Labs Inc.. (Attachments: #1 Text of Proposed Order).(Ceresney, Andrew)
October 15, 2021 Opinion or Order Filing 389 LETTER MOTION for Extension of Time to Complete Discovery re Rebuttal Report Date and Expert Discovery Deadline addressed to Judge Analisa Torres from Mark R. Sylvester dated October 15, 2021. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B).(Sylvester, Mark)
October 15, 2021 Opinion or Order Filing 388 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Ladan F. Stewart dated October 15, 2021 re: #289 LETTER MOTION for Conference re: SEC privilege assertions addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated August 10, 2021. . Document filed by Securities and Exchange Commission..(Stewart, Ladan)
October 14, 2021 Opinion or Order Filing 387 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated October 14, 2021 re: #380 LETTER MOTION to Seal (i) redacted portions of the SECs 10/1/21 letter-motion to compel, (ii) the exhibits the SEC filed under seal in support thereof, (iii) the redacted portions of Ripples 10/8/21 letter in response to the Motion to Compel and t . Document filed by Securities and Exchange Commission..(Guerrier, Pascale)
October 14, 2021 Opinion or Order Filing 386 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated October 14, 2021 re: #380 LETTER MOTION to Seal (i) redacted portions of the SECs 10/1/21 letter-motion to compel, (ii) the exhibits the SEC filed under seal in support thereof, (iii) the redacted portions of Ripples 10/8/21 letter in response to the Motion to Compel and t . Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. Motion or Order to File Under Seal: #53 .(Guerrier, Pascale)
October 13, 2021 Opinion or Order Filing 385 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Mark R. Sylvester dated October 13, 2021 re: #370 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated October 1, 2021. . Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B).(Sylvester, Mark)
October 13, 2021 Opinion or Order Filing 384 ***SELECTED PARTIES***LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Mark R. Sylvester dated October 13, 2021 re: #369 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated October 1, 2021. . Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)Motion or Order to File Under Seal: #53 .(Sylvester, Mark)
October 12, 2021 Opinion or Order Filing 383 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Mark R. Sylvester dated October 12, 2021 re: #367 LETTER MOTION for Conference to Seek a Protective Order against Excessive Requests for Admission addressed to Magistrate Judge Sarah Netburn from Robert Moye dated September 30, 2021. . Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B).(Sylvester, Mark)
October 12, 2021 Opinion or Order Filing 382 ***SELECTED PARTIES***LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Mark R. Sylvester dated October 12, 2021 re: #367 LETTER MOTION for Conference to Seek a Protective Order against Excessive Requests for Admission addressed to Magistrate Judge Sarah Netburn from Robert Moye dated September 30, 2021. . Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)Motion or Order to File Under Seal: #53 .(Sylvester, Mark)
October 12, 2021 Opinion or Order Filing 381 LETTER addressed to Judge Analisa Torres from Matthew C. Solomon and Martin Flumenbaum dated October 12, 2021 re: response to the SEC's notice of supplemental authority in opposition to the Individual Defendants' Motions to Dismiss (related document #375 ). Document filed by Bradley Garlinghouse, Christian A. Larsen..(Solomon, Matthew)
October 8, 2021 Opinion or Order Filing 380 LETTER MOTION to Seal (i) redacted portions of the SECs 10/1/21 letter-motion to compel, (ii) the exhibits the SEC filed under seal in support thereof, (iii) the redacted portions of Ripples 10/8/21 letter in response to the Motion to Compel and the exhibits filed under seal in support thereof addressed to Magistrate Judge Sarah Netburn from Andrew J. Ceresney dated 10/8/21. Document filed by Ripple Labs Inc...(Ceresney, Andrew)
October 8, 2021 Opinion or Order Filing 379 LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Andrew J. Ceresney dated 10/8/21 re: #369 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated October 1, 2021. . Document filed by Ripple Labs Inc.. (Attachments: #1 Exhibit A - Guerrier Email Aug. 26, 2021 (FILED UNDER SEAL), #2 Exhibit B- Guerrier Email Sept. 21, 2021, #3 Exhibit C- Gulay Emails Sept. 9, 28, 2021, #4 Exhibit D- Garlinghouse Transcript (FILED UNDER SEAL), #5 Exhibit E -Ripple Transcript (FILED UNDER SEAL)).(Ceresney, Andrew)
October 8, 2021 Opinion or Order Filing 378 ***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Andrew J. Ceresney dated 10/8/21 re: #369 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated October 1, 2021. . Document filed by Ripple Labs Inc., Bradley Garlinghouse, Christian A. Larsen, Securities and Exchange Commission. (Attachments: #1 Exhibit Guerrier Email Aug. 26, 2021, #2 Exhibit Garlinghouse Transcript, #3 Exhibit Ripple Transcript)Motion or Order to File Under Seal: #53 .(Ceresney, Andrew)
October 7, 2021 Opinion or Order Filing 377 MEMO ENDORSEMENT on re: #358 Letter filed by Bradley Garlinghouse. ENDORSEMENT: Defendants' request is GRANTED. The SEC shall submit the two documents related to the SEC's meetings with law firms and the email chain for in camera review, along with a submission explaining its privilege assertions for each of those documents, no later than October 15, 2021. The SEC shall file a redacted version of its submission on the public docket. Defendants' response is due no later than October 22, 2021. (Signed by Magistrate Judge Sarah Netburn on 10/7/2021) (ras)
October 7, 2021 Opinion or Order Filing 376 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated October 7, 2021 re: #367 LETTER MOTION for Conference to Seek a Protective Order against Excessive Requests for Admission addressed to Magistrate Judge Sarah Netburn from Robert Moye dated September 30, 2021. . Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit A - 09/27/2021 Email from B. Oppenheimer to R. Moye, #2 Exhibit B - Defendants' Sixth Set of Requests for Admission).(Kellogg, Michael)
October 7, 2021 Opinion or Order Filing 375 LETTER addressed to Judge Analisa Torres from Mark R. Sylvester dated October 7, 2021 re: Supplemental Authority re Individual Defendants' Motions to Dismiss. Document filed by Securities and Exchange Commission..(Sylvester, Mark)
October 4, 2021 Opinion or Order Filing 374 ORDER granting #371 Letter Motion for Extension of Time to File Response/Reply as to #369 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated October 1, 2021. Defendant Ripple's request is GRANTED. Defendant may respond to the SEC's letter motion (ECF No. 369) and file a motion to seal, if any, no later than October 8, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
October 4, 2021 Opinion or Order Filing 373 ORDER granting #368 Letter Motion for Extension of Time to File Response/Reply addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated October 1, 2021. Defendants' request is GRANTED. Defendants may respond to the SEC's letter motion (ECF No. 367) no later than October 7, 2021. (Responses due by 10/7/2021.) (Signed by Magistrate Judge Sarah Netburn on 10/4/2021) (ras) Modified on 10/4/2021 (ras).
October 4, 2021 Opinion or Order Filing 372 ORDER denying #122 Motion to Intervene. For the reasons stated above, Movants' motion to intervene is DENIED. Movants shall be permitted to act as amici curiae, as described in this order. The Clerk of Court is directed to terminate the motion at ECF No. 122. SO ORDERED.. (Signed by Judge Analisa Torres on 10/4/2021) (kv)
October 4, 2021 Opinion or Order Filing 371 LETTER MOTION for Extension of Time to File Response/Reply as to #369 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated October 1, 2021. addressed to Magistrate Judge Sarah Netburn from Andrew J. Ceresney dated October 4, 2021. Document filed by Ripple Labs Inc...(Ceresney, Andrew)
October 1, 2021 Opinion or Order Filing 370 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated October 1, 2021. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit Ex. A Filed Under Seal, #2 Exhibit Ex. B Gulay Email Sept. 9, 2021, #3 Exhibit Ex. C Waxman Email Sept. 9, 2021, #4 Exhibit Ex. D Gulay Email Sept. 9, 2021, #5 Exhibit Ex. E Gulay Email Sept. 9, 2021, #6 Exhibit Ex. F Filed Under Seal, #7 Exhibit Ex. G Filed Under Seal, #8 Exhibit Ex. H Filed Under Seal, #9 Exhibit Ex. I Filed Under Seal, #10 Exhibit Ex. J Filed Under Seal, #11 Exhibit Ex. K Filed Under Seal, #12 Exhibit Ex. L Filed Under Seal, #13 Exhibit Ex. M Filed Under Seal).(Guerrier, Pascale)
October 1, 2021 Opinion or Order Filing 369 ***SELECTED PARTIES*** LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated October 1, 2021. Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit Ex. A Guerrier Email Sept. 8, 2021, #2 Exhibit Ex. F Garlinghouse Tr. Dec. 12, 2017, #3 Exhibit Ex. G Kanaan Tr. April 10, 2018, #4 Exhibit Ex. H Beard Tr. Oct. 4, 2018, #5 Exhibit Ex. I Will Tr. Dec. 11, 2017, #6 Exhibit Ex. J Garlinghouse Tr. Oct. 4, 2016, #7 Exhibit Ex. K Garlinghouse Tr. Dec. 14, 2017, #8 Exhibit Ex. L Garlinghouse Tr. July 10, 2018, #9 Exhibit Ex. M Garlinghouse Dep. Tr.)Motion or Order to File Under Seal: #53 .(Guerrier, Pascale)
October 1, 2021 Opinion or Order Filing 368 LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated October 1, 2021. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Kellogg, Michael)
September 30, 2021 Opinion or Order Filing 367 LETTER MOTION for Conference to Seek a Protective Order against Excessive Requests for Admission addressed to Magistrate Judge Sarah Netburn from Robert Moye dated September 30, 2021. Document filed by Securities and Exchange Commission..(Moye, Robert)
September 29, 2021 Opinion or Order Filing 366 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/31/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
September 29, 2021 Opinion or Order Filing 365 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/31/2021 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/20/2021. Redacted Transcript Deadline set for 11/1/2021. Release of Transcript Restriction set for 12/28/2021..(Moya, Goretti)
September 28, 2021 Opinion or Order Filing 364 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated September 28, 2021 re: #289 LETTER MOTION for Conference re: SEC privilege assertions addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated August 10, 2021. . Document filed by Bradley Garlinghouse. (Attachments: #1 Appendix A - Summary Chart of Documents Submitted by SEC for In Camera Review).(Solomon, Matthew)
September 28, 2021 Opinion or Order Filing 363 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #364) - LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated September 28, 2021 re: #289 LETTER MOTION for Conference re: SEC privilege assertions addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated August 10, 2021. . Document filed by Bradley Garlinghouse. (Attachments: #1 Appendix A - Summary Chart of Documents Submitted by SEC for In Camera Review).(Solomon, Matthew) Modified on 9/29/2021 (ldi).
September 27, 2021 Opinion or Order Filing 362 LETTER addressed to Magistrate Judge Sarah Netburn from Ladan F. Stewart dated September 27, 2021 re: Response to September 24, 2021 Letter from Matthew C. Solomon. Document filed by Securities and Exchange Commission..(Stewart, Ladan)
September 27, 2021 Opinion or Order Filing 361 ORDER granting #359 Letter Motion to Seal. As set forth in the SEC's motion to seal, the following documents may be filed under seal: portions of Exhibit C to the SEC's letter opposing Defendants' motion to compel interrogatory responses (ECF No. 344-2). The motion is granted on an interim basis, and the Court may reconsider its ruling when it considers the merits of the underlying motion. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
September 27, 2021 Opinion or Order Filing 360 ORDER granting #353 Letter Motion to Seal. As set forth in Defendant Ripple's motion to seal, the following documents may be filed under seal: certain exhibits the SEC filed under seal in support of its opposition to Defendants' motion to compel interrogatory responses (ECF Nos. 344-1, 344-2). The motion is granted on an interim basis, and the Court may reconsider its ruling when it considers the merits of the underlying motion. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
September 24, 2021 Opinion or Order Filing 359 LETTER MOTION to Seal Exhibit addressed to Magistrate Judge Sarah Netburn from Mark R. Sylvester dated September 24, 2021. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit Exhibit A).(Sylvester, Mark)
September 24, 2021 Opinion or Order Filing 358 LETTER addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated September 24, 2021 Document filed by Bradley Garlinghouse..(Solomon, Matthew)
September 23, 2021 Opinion or Order Filing 357 ORDER granting #356 Letter Motion for Extension of Time. The SEC may file its motion to seal no later than September 24, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
September 22, 2021 Opinion or Order Filing 356 LETTER MOTION for Extension of Time re Motion to Seal addressed to Magistrate Judge Sarah Netburn from Mark R. Sylvester dated September 22, 2021. Document filed by Securities and Exchange Commission..(Sylvester, Mark)
September 21, 2021 Opinion or Order Filing 355 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated September 21, 2021 re: #353 LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated September 16, 2021. . Document filed by Securities and Exchange Commission..(Guerrier, Pascale)
September 21, 2021 Opinion or Order Filing 354 ORDER: Defendants' request for documents reflecting the SEC's trading preclearance decisions with respect to SEC employees' transactions in bitcoin, ether, or XRP, and annual certifications concerning SEC employees' XRP holdings is DENIED. The SEC is directed to provide Defendants any documentation supporting SEC counsel's statement during the August 25, 2021 meet and confer that, after the formal order of investigation was issued as to Ripple on March 9, 2019, SEC employees could no longer trade XRP. (Signed by Magistrate Judge Sarah Netburn on 9/21/2021) (ras)
September 16, 2021 Opinion or Order Filing 353 LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated September 16, 2021. Document filed by Ripple Labs Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Kellogg, Michael)
September 15, 2021 Opinion or Order Filing 352 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated September 15, 2021 re: #326 LETTER MOTION to Compel Interrogatory Responses addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated August 31, 2021. . Document filed by Christian A. Larsen, Ripple Labs Inc...(Kellogg, Michael)
September 14, 2021 Opinion or Order Filing 351 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Ladan F. Stewart dated September 14, 2021 re: #289 LETTER MOTION for Conference re: SEC privilege assertions addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated August 10, 2021. . Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B).(Stewart, Ladan)
September 10, 2021 Opinion or Order Filing 350 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated September 10, 2021 re: #343 LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Andrew J. Ceresney dated September 7, 2021. . Document filed by Securities and Exchange Commission..(Guerrier, Pascale)
September 10, 2021 Opinion or Order Filing 349 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated September 10, 2021 re: #343 LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Andrew J. Ceresney dated September 7, 2021. . Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. Motion or Order to File Under Seal: #53 .(Guerrier, Pascale)
September 10, 2021 Opinion or Order Filing 348 ORDER denying as moot #320 Letter Motion for Local Rule 37.2 Conference. In light of the SEC's letter at ECF No. 346, this application is denied as moot. The Clerk of Court is respectfully requested to terminate the parallel motion at ECF No. 319. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
September 10, 2021 Opinion or Order Filing 347 ORDER granting #343 Letter Motion to Seal. As set forth in Defendant Ripple's motion to seal, the following documents may be filed under seal: (i) certain redacted portions of the SEC's August 30, 2021 letter-motion to compel certain recordings of internal Ripple meetings (ECF No. 319); (ii) certain of the exhibits the SEC filed under seal in support thereof (ECF Nos. 319-1319-4); (iii) the redacted portions of Ripple's September 7, 2021 letter in response to the SEC Letter-Motion (ECF No. 339); and (iv) the exhibits filed under seal in support thereof (ECF Nos. 339-1339-8). The motion is granted on an interim basis, and the Court may reconsider its ruling when it considers the merits of the underlying motion. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
September 10, 2021 Opinion or Order Filing 346 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated September 10, 2021 re: #320 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated August 30, 2021., #319 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated August 30, 2021. . Document filed by Securities and Exchange Commission..(Guerrier, Pascale)
September 8, 2021 Opinion or Order Filing 345 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Mark R. Sylvester dated September 8, 2021 re: #326 LETTER MOTION to Compel Interrogatory Responses addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated August 31, 2021. . Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D).(Sylvester, Mark)
September 8, 2021 Opinion or Order Filing 344 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Mark R. Sylvester dated September 8, 2021 re: #326 LETTER MOTION to Compel Interrogatory Responses addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated August 31, 2021. . Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit Exhibit B, #2 Exhibit Exhibit C)Motion or Order to File Under Seal: #53 .(Sylvester, Mark)
September 7, 2021 Opinion or Order Filing 343 LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Andrew J. Ceresney dated September 7, 2021. Document filed by Ripple Labs Inc...(Ceresney, Andrew)
September 7, 2021 Opinion or Order Filing 342 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Sarah Netburn from Lisa Zornberg dated September 7, 2021 re: Reply in Further Support of Motion to Compel Preclearance Trading. Document filed by Christian A. Larsen, Bradley Garlinghouse, Ripple Labs Inc., Securities and Exchange Commission. (Attachments: #1 Exhibit [Note: under seal] Exhibit A - 2014 OEC Guidance)Motion or Order to File Under Seal: #53 .(Zornberg, Lisa)
September 7, 2021 Opinion or Order Filing 341 LETTER addressed to Magistrate Judge Sarah Netburn from Lisa Zornberg dated September 7, 2021 re: Reply in Further Support of Motion to Compel Preclearance Trading. Document filed by Ripple Labs Inc.. (Attachments: #1 Exhibit [Note: under seal] Exhibit A - 2014 OEC Guidance).(Zornberg, Lisa)
September 7, 2021 Opinion or Order Filing 340 LETTER addressed to Magistrate Judge Sarah Netburn from Andrew J. Ceresney dated September 7, 2021 re: Opposition to Letter-Motion to Compel Production of Recordings. Document filed by Ripple Labs Inc.. (Attachments: #1 Exhibit Ex A: SECs First RFPs to Ripple (REDACTED), #2 Exhibit Ex. B: Ripples Responses and Objections to SECs First RFPs, #3 Exhibit Ex C: M. Vias Deposition Transcript (SEALED), #4 Exhibit Ex. D : R. Zagone Deposition Transcript (SEALED), #5 Exhibit Ex. E : Produced Email (SEALED), #6 Exhibit Ex. F: Produced Email (SEALED), #7 Exhibit Ex. G: J Tenreiro Email, Aug. 10, 2021, #8 Exhibit Ex. H: E Gulay Email, Aug. 17, 2021, #9 Exhibit Ex. I: E Gulay Email, Aug 20, 2021, #10 Exhibit Ex. J: March 26, 2021 Meet and Confer Letter (REDACTED), #11 Exhibit Ex. K: D Waxman Email, Apr 23, 2021 (REDACTED), #12 Exhibit Ex. L: May 13, 2021 Meet and Confer Letter (REDACTED)).(Ceresney, Andrew)
September 7, 2021 Opinion or Order Filing 339 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Sarah Netburn from Andrew J. Ceresney dated September 7, 2021 re: Opposition to Letter-Motion to Compel Production of Recordings. Document filed by Christian A. Larsen, Bradley Garlinghouse, Ripple Labs Inc., Securities and Exchange Commission. (Attachments: #1 Exhibit Ex. A: SECs First RFPs to Ripple (SEALED), #2 Exhibit Ex C: M. Vias Deposition Transcript (SEALED), #3 Exhibit Ex. D : R. Zagone Deposition Transcript (SEALED), #4 Exhibit Ex. E : Produced Email (SEALED), #5 Exhibit Ex. F: Produced Email (SEALED), #6 Exhibit Ex. J: March 26, 2021 Meet and Confer Letter (SEALED), #7 Exhibit Ex. K: D Waxman Email, Apr 23, 2021 (SEALED), #8 Exhibit Ex. L: May 13, 2021 Meet and Confer Letter (SEALED))Motion or Order to File Under Seal: #53 .(Ceresney, Andrew)
September 7, 2021 Opinion or Order Filing 338 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #339) - ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Sarah Netburn from Andrew J. Ceresney dated September 7, 2021 re: Opposition to Letter-Motion to Compel Production of Recordings. Document filed by Ripple Labs Inc.. (Attachments: #1 Exhibit Ex. A: SECs First RFPs to Ripple, #2 Exhibit Ex C: M. Vias Deposition Transcript (SEALED), #3 Exhibit Ex. D : R. Zagone Deposition Transcript (SEALED), #4 Exhibit Ex. E : Produced Email (SEALED), #5 Exhibit Ex. F: Produced Email (SEALED), #6 Exhibit Ex. J: March 26, 2021 Meet and Confer Letter (SEALED), #7 Exhibit Ex D.: Waxman Email dated April 23, 2021., #8 Exhibit Ex. L: May 13, 2021 Meet and Confer Letter (SEALED))Motion or Order to File Under Seal: #53 .(Ceresney, Andrew) Modified on 9/8/2021 (ldi).
September 7, 2021 Opinion or Order Filing 337 ORDER granting #331 Letter Motion for Extension of Time to File Response/Reply. Defendants Ripple and Larsen may reply to the SEC's response to ECF No. 326 no later than September 15, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
September 7, 2021 Opinion or Order Filing 336 ORDER granting #332 Motion to Withdraw as Attorney. Attorney Joy Guo terminated. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
September 3, 2021 Opinion or Order Filing 335 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated September 3, 2021 re: #314 LETTER MOTION to Compel Preclearance Trading Documents addressed to Magistrate Judge Sarah Netburn from Lisa Zornberg dated August 27, 2021. . Document filed by Securities and Exchange Commission..(Guerrier, Pascale)
September 3, 2021 Opinion or Order Filing 334 NOTICE OF APPEARANCE by Anna Rebecca Gressel on behalf of Ripple Labs Inc...(Gressel, Anna)
September 3, 2021 Opinion or Order Filing 333 NOTICE OF APPEARANCE by Erol Nazim Gulay on behalf of Ripple Labs Inc...(Gulay, Erol)
September 3, 2021 Opinion or Order Filing 332 MOTION for Joy Guo to Withdraw as Attorney . Document filed by Ripple Labs Inc.. (Attachments: #1 Declaration of Joy Guo in Support of Motion to Withdraw, #2 Text of Proposed Order).(Guo, Joy)
September 3, 2021 Opinion or Order Filing 331 LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated September 3, 2021. Document filed by Christian A. Larsen, Ripple Labs Inc...(Kellogg, Michael)
September 3, 2021 Opinion or Order Filing 330 ORDER granting #329 Letter Motion for Extension of Time. The SEC may respond to Defendants' letter motion no later than September 8, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
September 1, 2021 Opinion or Order Filing 329 LETTER MOTION for Extension of Time re Defendants' Letter Motion for a Rule 37.2 Conference (D.E. 326) addressed to Magistrate Judge Sarah Netburn from Mark R. Sylvester dated September 1, 2021. Document filed by Securities and Exchange Commission..(Sylvester, Mark)
September 1, 2021 Opinion or Order Filing 328 ORDER denying #324 Motion for Lilya Tessler to Appear Pro Hac Vice. The attorney does not represent a party or a movant in the case. The Clerk of Court is directed to strike The Chamber of Digital Commerce from the docket pending a proper motion for leave to file an amicus brief. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
September 1, 2021 Opinion or Order Filing 327 ORDER granting #283 Letter Motion. The Slack messages sought are relevant to the parties' claims and defenses and proportional to the needs of the case. Any burden to Ripple is outweighed by its previous agreement to produce the relevant Slack messages, the relative resources of the parties, and the amount in controversy. Accordingly, Ripple is ordered to search and produce responsive documents from the Slack platform from the 22 custodians identified by the SEC. The Clerk of Court is respectfully requested to terminate the motion at ECF No. 282. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
September 1, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #324 MOTION for Lilya Tessler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25005680. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 31, 2021 Opinion or Order Filing 326 LETTER MOTION to Compel Interrogatory Responses addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated August 31, 2021. Document filed by Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Kellogg, Michael)
August 31, 2021 Opinion or Order Filing 325 ORDER granting #323 Letter Motion for Leave to File Excess Pages. Defendants' request is GRANTED. Defendants may file a combined letter of 7 pages or fewer. The SEC's response, if any, may not exceed 7 pages. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
August 31, 2021 Opinion or Order Filing 324 MOTION for Lilya Tessler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25005680. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Chamber of Digital Commerce..(Tessler, Lilya)
August 31, 2021 Opinion or Order Filing 323 CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated August 31, 2021. Document filed by Christian A. Larsen, Ripple Labs Inc...(Kellogg, Michael)
August 31, 2021 Opinion or Order Filing 322 ORDER granting #321 LETTER MOTION for Extension of Time to File Response/Reply as to #319 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated August 30, 2021. Defendant Ripple's request is GRANTED. Defendant may respond to the SEC's letter motion and file an associated motion to seal, if any, no later than September 7, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
August 31, 2021 Opinion or Order Filing 321 LETTER MOTION for Extension of Time to File Response/Reply as to #319 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated August 30, 2021. addressed to Magistrate Judge Sarah Netburn from Andrew J. Ceresney dated August 31, 2021. Document filed by Ripple Labs Inc...(Ceresney, Andrew)
August 31, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Telephone Conference held on 8/31/2021. Court Reporter present. (ras)
August 30, 2021 Opinion or Order Filing 320 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated August 30, 2021. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit EX A Guerrier Email 8.26.21, #2 Exhibit EX B Guo Email 8.12.21, #3 Exhibit EX C Waxman Email 7.7.21, #4 Exhibit EX D Guo Email 7.12.21, #5 Exhibit EX E O'Gorman Dep. Tr., #6 Exhibit EX F Zagone Dep. Tr., #7 Exhibit EX G Schwartz Dep. Tr., #8 Exhibit EX H Vias Dep. Tr., #9 Exhibit EX I Waxman Email 8.8.21, #10 Exhibit EX J Gulay Email 8.10.21, #11 Exhibit EX K Tenreiro Email 8.13.21, #12 Exhibit EX L Gulay Email 8.23.21, #13 Exhibit EX M Gulay Email 8.30.21).(Guerrier, Pascale)
August 30, 2021 Opinion or Order Filing 319 ***SELECTED PARTIES*** LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Securities and Exchange Commission dated August 30, 2021. Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit EX E O'Gorman Dep. Tr., #2 Exhibit EX F Zagone Dep. Tr., #3 Exhibit EX G Schwartz Dep. Tr., #4 Exhibit EX H Vias Dep. Tr.)Motion or Order to File Under Seal: #53 .(Guerrier, Pascale)
August 30, 2021 Opinion or Order Filing 318 ORDER: A telephonic conference is scheduled for Tuesday, August 31, 2021, at 12:00 p.m. to discuss the Defendants' pending motion to compel the SEC to produce certain documents it designated as privileged. ECF No. 289. Members of the public may listen to the proceedings at the following numbers: USA: (844) 867-6163, International: (409) 207-6969, Access Code: 9453921#. Unauthorized recording and rebroadcasting of the conference (e.g., YouTube, Twitch, audio-only streams, etc.) is strictly prohibited. Any unauthorized recordings will be investigated, and anyone found to engage in such behaviors may be subject to criminal sanctions. (Signed by Magistrate Judge Sarah Netburn on 8/30/2021) (ras)
August 28, 2021 Opinion or Order Filing 317 ORDER granting #301 Letter Motion to Seal. The Privilege Logs, the Amended Privilege Logs, and the highlighted portions of Director Hinman's deposition transcript may be filed under seal subject to further reconsideration by the Court when it considers the merits of the underlying motion. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
August 28, 2021 Opinion or Order Filing 316 ORDER granting #298 Letter Motion to Seal. As set forth in Defendant Ripple's motion to seal, the following documents may be filed under seal: (i) certain redacted portions of the SEC's August 9, 2021 letter-motion to compel certain Slack discovery (ECF No. 282); (ii) certain of the exhibits the SEC filed under seal in support thereof (ECF Nos. 282-1282-10); (iii) the redacted portions of Ripple's August 16, 2021 letter in response to the SEC Letter-Motion (ECF No. 296); and (iv) the seven exhibits filed under seal in support thereof (ECF Nos. 296-2296-8). The motion is granted on an interim basis, and the Court may reconsider its ruling when it considers the merits of the underlying motion. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
August 27, 2021 Opinion or Order Filing 315 ORDER re #314 Motion to Compel. The SEC may respond to Defendants' letter motion no later than September 3, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
August 27, 2021 Opinion or Order Filing 314 LETTER MOTION to Compel Preclearance Trading Documents addressed to Magistrate Judge Sarah Netburn from Lisa Zornberg dated August 27, 2021. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit A (Jan. 2018 SEC Ethics Guidance Regarding Digital Assets), #2 Exhibit B (Aug. 11, 2021 E-mail from L. Stewart to M. Hirsch), #3 Exhibit C (Defendants Second RFP to the SEC), #4 Exhibit D (Aug. 20, 2021 E-mail from L. Zornberg to J. Tenreiro)).(Zornberg, Lisa)
August 26, 2021 Opinion or Order Filing 313 ORDER granting #312 Letter Motion for Extension of Time. The parties' request is GRANTED. The parties may conduct the depositions of Defendants Garlinghouse and Larsen after the close of the August 31, 2021 fact discovery deadline. The deadline to conduct expert discovery is extended to November 12, 2021. The deadline for the parties to exchange their respective Statements of Material Facts pursuant to Local Civil Rule 56.1 and their pre-motion letters regarding motions for summary judgment is adjourned sine die pending resolution of the motions to dismiss and strike. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
August 24, 2021 Opinion or Order Filing 312 JOINT LETTER MOTION for Extension of Time to Complete Expert Discovery & Other Matters addressed to Judge Analisa Torres from Parties dated August 24, 2021. Document filed by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order).(Tenreiro, Jorge)
August 24, 2021 Opinion or Order Filing 311 ORDER: A telephonic conference is scheduled for Tuesday, August 31, 2021, at 12:00 p.m. to discuss the Defendants' pending motion to compel the SEC to produce certain documents it designated as privileged. ECF No. 289. The Court will contact the parties to establish a conference line and will post a public dial-in number before the conference. (Telephone Conference set for 8/31/2021 at 12:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 8/24/2021) (ras)
August 23, 2021 Opinion or Order Filing 310 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Andrew J. Ceresney dated August 23, 2021 re: #283 EMERGENCY LETTER MOTION for Local Rule 37.2 Conference re Slack communications addressed to Magistrate Judge Sarah Netburn from Jorge G Tenreiro dated August 9, 2021. [SUR-REPLY IN OPPOSITION TO EMERGENCY LETTER MOTION]. Document filed by Ripple Labs Inc...(Ceresney, Andrew)
August 23, 2021 Opinion or Order Filing 309 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Andrew J. Ceresney dated August 23, 2021 re: #282 EMERGENCY LETTER MOTION for Local Rule 37.2 Conference re Slack communications addressed to Magistrate Judge Sarah Netburn from Jorge G Tenreiro dated August 9, 2021. [SUR-REPLY IN OPPOSITION TO EMERGENCY LETTER MOTION]. Document filed by Ripple Labs Inc., Bradley Garlinghouse, Christian A. Larsen, Securities and Exchange Commission. Motion or Order to File Under Seal: #53 .(Ceresney, Andrew)
August 23, 2021 Opinion or Order Filing 308 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated August 23, 2021 re: #289 LETTER MOTION for Conference re: SEC privilege assertions addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated August 10, 2021. . Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Solomon, Matthew)
August 23, 2021 Opinion or Order Filing 307 ORDER granting #306 Letter Motion for Leave to File Document. Defendant Ripples sur-reply shall be filed no later than August 24, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
August 20, 2021 Opinion or Order Filing 306 ***SELECTED PARTIES*** LETTER MOTION for Leave to File proposed sur-reply to the SEC's reply in support of its letter-motion seeking an order to compel Ripple to search for and produce additional Slack communications re ECF 282, 283, 296, 302 & 303 addressed to Magistrate Judge Sarah Netburn from Andrew J. Ceresney dated August 20, 2021. Document filed by Ripple Labs Inc., Bradley Garlinghouse, Christian A. Larsen, Securities and Exchange Commission. (Attachments: #1 Exhibit Proposed Sur-Reply)Motion or Order to File Under Seal: #53 .(Ceresney, Andrew)
August 20, 2021 Opinion or Order Filing 305 LETTER MOTION for Leave to File Sur-Reply in Opposition to Emergency Letter Motion for Local Rule 37.2 Conference re Slack communications re ECF 282, 283, 296, 302 & 303 addressed to Magistrate Judge Sarah Netburn from Andrew J. Ceresney dated August 20, 2021. Document filed by Ripple Labs Inc.. (Attachments: #1 Exhibit Proposed Sur-Reply (redacted)).(Ceresney, Andrew)
August 19, 2021 Opinion or Order Filing 304 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Mark R. Sylvester dated August 19, 2021 re: #298 LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Andrew J. Ceresney dated August 16, 2021. . Document filed by Securities and Exchange Commission..(Sylvester, Mark)
August 19, 2021 Opinion or Order Filing 303 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated August 19, 2021 re: #283 EMERGENCY LETTER MOTION for Local Rule 37.2 Conference re Slack communications addressed to Magistrate Judge Sarah Netburn from Jorge G Tenreiro dated August 9, 2021. . Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A to SEC Motion - Unredacted, #2 Exhibit B to SEC Motion - Unredacted, #3 Exhibit A to SEC Reply).(Tenreiro, Jorge)
August 19, 2021 Opinion or Order Filing 302 ***SELECTED PARTIES***LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated August 19, 2021 re: #282 EMERGENCY LETTER MOTION for Local Rule 37.2 Conference re Slack communications addressed to Magistrate Judge Sarah Netburn from Jorge G Tenreiro dated August 9, 2021. . Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #53 .(Tenreiro, Jorge)
August 17, 2021 Opinion or Order Filing 301 LETTER MOTION to Seal certain exhibits in D.E. 290 & D.E. 299 addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated August 17, 2021. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
August 17, 2021 Opinion or Order Filing 300 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated August 17, 2021 re: #290 LETTER MOTION for Conference re: SEC privilege assertions [REDACTED] addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated August 10, 2021. . Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H).(Tenreiro, Jorge)
August 17, 2021 Opinion or Order Filing 299 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated August 17, 2021 re: #289 LETTER MOTION for Conference re: SEC privilege assertions addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated August 10, 2021. . Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit B, #2 Exhibit F, #3 Exhibit G, #4 Exhibit H)Motion or Order to File Under Seal: #53 .(Tenreiro, Jorge)
August 16, 2021 Opinion or Order Filing 298 LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Andrew J. Ceresney dated August 16, 2021. Document filed by Ripple Labs Inc...(Ceresney, Andrew)
August 16, 2021 Opinion or Order Filing 297 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Andrew J. Ceresney dated August 16, 2021 re: #282 EMERGENCY LETTER MOTION for Local Rule 37.2 Conference re Slack communications addressed to Magistrate Judge Sarah Netburn from Jorge G Tenreiro dated August 9, 2021. . Document filed by Ripple Labs Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B [FILED UNDER SEAL], #3 Exhibit C [FILED UNDER SEAL], #4 Exhibit D [FILED UNDER SEAL], #5 Exhibit E [FILED UNDER SEAL], #6 Exhibit F [FILED UNDER SEAL], #7 Exhibit G [FILED UNDER SEAL], #8 Exhibit H [FILED UNDER SEAL]).(Ceresney, Andrew)
August 16, 2021 Opinion or Order Filing 296 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Andrew J. Ceresney dated August 16, 2021 re: #282 EMERGENCY LETTER MOTION for Local Rule 37.2 Conference re Slack communications addressed to Magistrate Judge Sarah Netburn from Jorge G Tenreiro dated August 9, 2021. . Document filed by Ripple Labs Inc., Bradley Garlinghouse, Christian A. Larsen, Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)Motion or Order to File Under Seal: #53 .(Ceresney, Andrew)
August 11, 2021 Opinion or Order Filing 295 ORDER granting #292 Letter Motion for Extension of Time. The deadline for Defendant Ripple to file a motion to seal, if any, with respect to the exhibits filed with the SEC's August 9, 2021 letter motion (ECF No. 282) is extended to Monday, August 16. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
August 11, 2021 Opinion or Order Filing 294 ORDER granting #291 Letter Motion for Extension of Time. The SEC's deadline to file a motion to seal, if any, with respect to the exhibits filed with Defendants' August 10, 2021 letter motion (ECF No. 289) is extended to Tuesday, August 17, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
August 11, 2021 Opinion or Order Filing 293 ORDER granting #288 Letter Motion to Seal. The documents may be filed under seal on an interim basis subject to further reconsideration by the Court when it considers the merits of the underlying motion. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
August 11, 2021 Opinion or Order Filing 292 LETTER MOTION for Extension of Time to File Sealing Motion re ECF No. 282 addressed to Magistrate Judge Sarah Netburn from Andrew Ceresney dated August 11, 2021. Document filed by Ripple Labs Inc...(Ceresney, Andrew)
August 11, 2021 Opinion or Order Filing 291 LETTER MOTION for Extension of Time to file sealing motion re D.E. 289 addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated August 11, 2021. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
August 10, 2021 Opinion or Order Filing 290 LETTER MOTION for Conference re: SEC privilege assertions [REDACTED] addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated August 10, 2021. Document filed by Bradley Garlinghouse. (Attachments: #1 Exhibit A - June 21 SEC Priv Log, #2 Exhibit B - July 14 SEC Priv Log, #3 Exhibit C - July 21 SEC Priv Log 1, #4 Exhibit D - July 21 SEC Priv Log 2, #5 Exhibit E - July 23 SEC Priv Log, #6 Exhibit F - August 6 SEC Priv Log, #7 Exhibit G - June 19 Email, #8 Exhibit H - Hinman Exhibit 41, #9 Exhibit I - Hinman Transcript Excerpt, #10 Exhibit J - July 14 Coinschedule Statement, #11 Appendix A - SEC Privilege Claims for In Camera Review).(Solomon, Matthew)
August 10, 2021 Opinion or Order Filing 289 ***SELECTED PARTIES*** LETTER MOTION for Conference re: SEC privilege assertions addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated August 10, 2021. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc., Securities and Exchange Commission. (Attachments: #1 Exhibit A - June 21 SEC Priv Log, #2 Exhibit B - July 14 SEC Priv Log, #3 Exhibit C - July 21 SEC Priv Log 1, #4 Exhibit D - July 21 SEC Priv Log 2, #5 Exhibit E - July 23 SEC Priv Log, #6 Exhibit F - August 6 SEC Priv Log, #7 Exhibit G - June 19 Email, #8 Exhibit H - Hinman Exhibit 41, #9 Exhibit I - Hinman Transcript Excerpt, #10 Exhibit J - July 14 Coinschedule Statement, #11 Appendix A - SEC Privilege Claims for In Camera Review)Motion or Order to File Under Seal: #288 .(Solomon, Matthew)
August 10, 2021 Opinion or Order Filing 288 LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated August 10, 2021. Document filed by Bradley Garlinghouse..(Solomon, Matthew)
August 10, 2021 Opinion or Order Filing 287 ORDER granting #285 Letter Motion for Extension of Time. Ripple's response to the SEC's motion is due no later than August 16, 2021. The SEC's reply, if any, is due no later than August 19, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
August 10, 2021 Opinion or Order Filing 286 ORDER granting #284 Letter Motion for Leave to File Excess Pages. The parties' letter briefing shall not exceed eight pages each, though the Court strongly encourages the Defendants to jointly file a single 15-page letter if possible. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
August 9, 2021 Opinion or Order Filing 285 LETTER MOTION for Extension of Time addressed to Magistrate Judge Sarah Netburn from Andrew Ceresney dated August 9, 2021. Document filed by Ripple Labs Inc...(Ceresney, Andrew)
August 9, 2021 Opinion or Order Filing 284 CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon dated August 9, 2021. Document filed by Bradley Garlinghouse..(Solomon, Matthew)
August 9, 2021 Opinion or Order Filing 283 EMERGENCY LETTER MOTION for Local Rule 37.2 Conference re Slack communications addressed to Magistrate Judge Sarah Netburn from Jorge G Tenreiro dated August 9, 2021. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P).(Tenreiro, Jorge)
August 9, 2021 Opinion or Order Filing 282 ***SELECTED PARTIES***EMERGENCY LETTER MOTION for Local Rule 37.2 Conference re Slack communications addressed to Magistrate Judge Sarah Netburn from Jorge G Tenreiro dated August 9, 2021. Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit H, #4 Exhibit I, #5 Exhibit J, #6 Exhibit K, #7 Exhibit L, #8 Exhibit M, #9 Exhibit N, #10 Exhibit P)Motion or Order to File Under Seal: #53 .(Tenreiro, Jorge)
August 5, 2021 Opinion or Order Filing 281 ORDER granting #278 Motion to Withdraw as Attorney. Attorney Lucas Dehaan Hakkenberg terminated. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
August 4, 2021 Opinion or Order Filing 280 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Bradley Garlinghouse. Related Document Number: #278 ..(Hakkenberg, Lucas)
August 4, 2021 Opinion or Order Filing 279 DECLARATION of Lucas D. Hakkenberg in Support re: #278 MOTION for Lucas D. Hakkenberg to Withdraw as Attorney .. Document filed by Bradley Garlinghouse..(Hakkenberg, Lucas)
August 4, 2021 Opinion or Order Filing 278 MOTION for Lucas D. Hakkenberg to Withdraw as Attorney . Document filed by Bradley Garlinghouse..(Hakkenberg, Lucas)
August 3, 2021 Opinion or Order Filing 277 ORDER denying as moot #272 Letter Motion for Discovery. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
August 3, 2021 Opinion or Order Filing 276 ORDER granting #274 Letter Motion for Discovery. The Court will communicate with counsel to arrange delivery of the letters. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
August 2, 2021 Opinion or Order Filing 275 MEMORANDUM OF LAW in Support re: #274 MOTION for Discovery / Motion to Obtain International Discovery. . Document filed by Bradley Garlinghouse. (Attachments: #1 Exhibit 1 - Proposed Order, #2 Exhibit 2 - Request for International Assistance - Letter of Request).(Solomon, Matthew)
August 2, 2021 Opinion or Order Filing 274 MOTION for Discovery / Motion to Obtain International Discovery. Document filed by Bradley Garlinghouse..(Solomon, Matthew)
August 2, 2021 Opinion or Order Filing 273 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #275) - MEMORANDUM OF LAW in Support re: #272 MOTION for Discovery / Motion to Obtain International Discovery. . Document filed by Bradley Garlinghouse. (Attachments: #1 Exhibit 1 - Proposed Order, #2 Exhibit 2 - Request for International Assistance - Letter of Request).(Solomon, Matthew) Modified on 8/3/2021 (lb).
August 2, 2021 Opinion or Order Filing 272 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Discovery / Motion to Obtain International Discovery. Document filed by Bradley Garlinghouse..(Solomon, Matthew) Modified on 8/3/2021 (lb).
July 30, 2021 Opinion or Order Filing 271 NOTICE OF APPEARANCE by Pascale Guerrier on behalf of Securities and Exchange Commission..(Guerrier, Pascale)
July 25, 2021 Opinion or Order Filing 270 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/15/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
July 25, 2021 Opinion or Order Filing 269 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/15/2021 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/16/2021. Redacted Transcript Deadline set for 8/25/2021. Release of Transcript Restriction set for 10/25/2021..(McGuirk, Kelly)
July 23, 2021 Opinion or Order Filing 268 LETTER addressed to Judge Analisa Torres from Martin Flumenbaum and Matthew C. Solomon dated July 23, 2021 re: Response to the SEC's 7/21/21 Letter (ECF No. 267). Document filed by Bradley Garlinghouse, Christian A. Larsen..(Flumenbaum, Martin)
July 21, 2021 Opinion or Order Filing 267 LETTER addressed to Judge Analisa Torres from Mark R. Sylvester dated July 21, 2021 re: Defendants' Letters (D.E. 264, 266). Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit Exhibit A).(Sylvester, Mark)
July 20, 2021 Opinion or Order Filing 266 LETTER addressed to Judge Analisa Torres from Michael K. Kellogg dated July 20, 2021 re: Supplemental Authority. Document filed by Ripple Labs Inc...(Kellogg, Michael)
July 19, 2021 Opinion or Order Filing 265 JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated July 19, 2021 re: Hinman Deposition. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Kellogg, Michael)
July 19, 2021 Opinion or Order Filing 264 LETTER addressed to Judge Analisa Torres from Matthew C. Solomon and Martin Flumenbaum dated July 19, 2021 re: recent SEC public statement regarding In the Matter of Coinschedule. Document filed by Bradley Garlinghouse, Christian A. Larsen. (Attachments: #1 SEC Public Statement).(Solomon, Matthew)
July 16, 2021 Opinion or Order Filing 263 JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated July 16, 2021 re: Hinman Deposition. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Kellogg, Michael)
July 15, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Telephone Conference held on 7/15/2021. (ras)
July 15, 2021 Opinion or Order Filing 262 ORDER: A telephonic conference is scheduled for Thursday, July 15, 2021, at 3:00 p.m. to discuss the SEC's pending motion to quash. ECF No. 255. Members of the public and press may listen to the proceedings at the following numbers: USA: (844) 291-5490 International: (409) 207-6993 Access Code: 4917104 # Unauthorized recording and rebroadcasting of the conference (e.g., YouTube, Twitch, audio-only streams, etc.) is strictly prohibited. Any unauthorized recordings will be investigated, and anyone found to engage in such behaviors may be subject to criminal sanctions. (Signed by Magistrate Judge Sarah Netburn on 7/15/2021) (ras) Modified on 7/15/2021 (ras). (Main Document 262 replaced on 7/15/2021) (ras).
July 13, 2021 Opinion or Order Filing 261 ORDER granting #255 Letter Motion for Local Rule 37.2 Conference. A telephonic conference is scheduled for July 15, 2021, at 3:00 p.m. to discuss the Plaintiff's motion to quash. The Court will contact the parties to establish a conference line and will provide dial-in information for the public in advance of the conference. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
July 13, 2021 Opinion or Order Set/Reset Hearings: Telephone Conference set for 7/15/2021 at 03:00 PM before Magistrate Judge Sarah Netburn. (ras)
July 9, 2021 Opinion or Order Filing 260 LETTER addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated July 9, 2021 re: Hinman Deposition. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Kellogg, Michael)
July 8, 2021 Opinion or Order Filing 259 REPLY MEMORANDUM OF LAW in Support re: #255 LETTER MOTION for Local Rule 37.2 Conference re: Motion To Quash Subpoena addressed to Magistrate Judge Sarah Netburn from Ladan F. Stewart dated June 24, 2021. . Document filed by Securities and Exchange Commission..(Stewart, Ladan)
July 1, 2021 Opinion or Order Filing 258 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated July 1, 2021 re: #255 LETTER MOTION for Local Rule 37.2 Conference re: Motion To Quash Subpoena addressed to Magistrate Judge Sarah Netburn from Ladan F. Stewart dated June 24, 2021. . Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Kellogg, Michael)
July 1, 2021 Opinion or Order Filing 257 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated July 1, 2021 re: #255 LETTER MOTION for Local Rule 37.2 Conference re: Motion To Quash Subpoena addressed to Magistrate Judge Sarah Netburn from Ladan F. Stewart dated June 24, 2021. . Document filed by Christian A. Larsen, Bradley Garlinghouse, Ripple Labs Inc., Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)Motion or Order to File Under Seal: #53 .(Kellogg, Michael)
June 25, 2021 Opinion or Order Filing 256 NOTICE OF APPEARANCE by Sarah J Prostko on behalf of Christian A. Larsen..(Prostko, Sarah)
June 24, 2021 Opinion or Order Filing 255 LETTER MOTION for Local Rule 37.2 Conference re: Motion To Quash Subpoena addressed to Magistrate Judge Sarah Netburn from Ladan F. Stewart dated June 24, 2021. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I).(Stewart, Ladan)
June 24, 2021 Opinion or Order Filing 254 NOTICE OF APPEARANCE by Daphna Abrams Waxman on behalf of Securities and Exchange Commission..(Waxman, Daphna)
June 23, 2021 Opinion or Order Filing 253 ORDER granting in part and denying in part #220 Letter Motion for Local Rule 37.2 Conference. The Court has reviewed the Defendants' motion and the parties' letters in opposition and further support. The parties have indicated that the SEC has already begun to produce documents responsive to the Defendants' first and third requests. Therefore, those are DENIED as MOOT. The Defendants' second request for the SEC's Internal Trading Policies (RFP No. 26) is GRANTED. The Court finds that the information sought meets the low bar for relevance, including potentially with respect to the claims against the Individual Defendants. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
June 23, 2021 Opinion or Order Filing 252 ORDER granting #251 Letter Motion for Leave to File Excess Pages. The SEC shall file its motion, not to exceed eight pages, no later than June 24, 2021. The Defendants shall file a joint opposition, not to exceed eight pages, no later than July 1, 2021. The SEC may file a reply, if any, not to exceed four pages, no later than July 8, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
June 22, 2021 Opinion or Order Filing 251 CONSENT LETTER MOTION for Leave to File Excess Pages and to Approve Briefing Schedule addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated June 22, 2021. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
June 15, 2021 Opinion or Order Filing 250 ORDER GRANTING DEFENDANTS' BRADLEY GARLINGHOUSE AND CHRISTIAN A. LARSEN MOTION FOR THE ISSUANCE OF LETTERS OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE: This matter having arisen upon motion by Defendants Bradley Garlinghouse and Christian A. Larsen (the "Individual Defendants") for this Court to issue the Letters of Request 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, and it appearing that these Letters of Request are appropriate, IT IS ORDERED, that this Court shall issue the Letters of Request in the form appearing at the Individual Defendants' motion for issuance of Letters of Request for International Judicial Assistance as Exhibits 2 through 17. (Signed by Magistrate Judge Sarah Netburn on 6/14/2021) (ras) Transmission to Orders and Judgments Clerk for processing.
June 15, 2021 Opinion or Order Filing 249 ORDER granting in part and denying in part #197 Letter Motion for Local Rule 37.2 Conference; granting in part and denying in part #198 Letter Motion for Local Rule 37.2 Conference. The Court GRANTS the SEC leave to conduct five additional depositions of (1) Christian Gil, (2) Ron Will, (3) Ethan Beard, (4) Phil Rapoport, and (5) Ryan Zagone. Fed. R. Civ. P. 30(a)(2)(A)(i). The SEC's request for a sixth deposition pursuant to Rule 30(b)(6) so that it may "cover any gaps in knowledge that these witnesses may have" is DENIED without prejudice as unripe. Based on the record before the Court, it is impossible to determine what topics would be noticed for any Rule 30(b)(6) deposition or why such deposition was not noticed among the first ten depositions. The Court ORDERS Ripple to search for responsive documents from Ryan Zagone and Cameron Kinloch. The SEC's request to order Ripple to search the records of its General Counsels and Deputy General Counsel is DENIED, as the Court interprets these requests to be highly burdensome, likely to be mostly privileged communications, and unreasonably cumulative or duplicative of searches already performed. See Fed. R. Civ. P. 26(b)(2). The SEC's request to compel production of documents post-dating the complaint is DENIED without prejudice. If, after the parties have exchanged expert reports, it becomes clear that Ripple's expert relied upon documents that, in fairness, requires the SEC to review post-complaint documents, the SEC may renew its application. Finally, the SEC's request to compel production of documents related to Ripple's lobbying efforts is DENIED. As discussed in the Court's earlier Opinion and Order denying access to Ripple's privileged communications, Ripple's fair notice defense centers on the activities of the SEC, not its own behaviors. See ECF No. 210 at *8 ("Ripple focuses on the SEC's failure to provide fair notice to the market about the Commission's state of mind as to whether XRP qualified as a security. It is not clear that such a defense even requires that a defendant act in good faith.") (citing United States v. Salerno, 505 U.S. 317, 323 (1992)). In the same vein, Ripple's lobbying efforts regarding the status of XRP are not relevant; and any relevancy argument is outweighed by the burden of production. (Signed by Magistrate Judge Sarah Netburn on 6/15/2021) (ras)
June 15, 2021 Opinion or Order 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)
June 14, 2021 Opinion or Order Filing 248 ORDER granting #240 Letter Motion for Discovery. See ECF No. 247. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
June 14, 2021 Opinion or Order Filing 247 ORDER granting #213 Letter Motion for Discovery. The Court will issue the Individual Defendants' letters rogatory. The Court will contact the parties directly with information about how to retrieve the signed and sealed letters. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
June 14, 2021 Opinion or Order Filing 246 ORDER granting #217 Letter Motion for Extension of Time to Complete Discovery. The deadline to conduct fact discovery is extended to August 31, 2021. The deadline to conduct expert discovery is extended to October 15, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
June 14, 2021 Opinion or Order Filing 245 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated June 14, 2021 re: #220 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated June 4, 2021. . Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Kellogg, Michael)
June 11, 2021 Opinion or Order Filing 244 ***SELECTED PARTIES***LETTER REPLY to Response to Motion addressed to Judge Analisa Torres from Robert S. Moye dated June 11, 2021 re: #217 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Analisa Torres from Robert Moye dated June 2, 2021. . Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit B)Motion or Order to File Under Seal: #53 .(Moye, Robert)
June 11, 2021 Opinion or Order Filing 243 LETTER REPLY to Response to Motion addressed to Judge Analisa Torres from Robert Moye dated June 11, 2021 re: #217 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Analisa Torres from Robert Moye dated June 2, 2021. . Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit Ex. A, Declaration, #2 Exhibit Ex. B, Cover Sheet).(Moye, Robert)
June 11, 2021 Opinion or Order Filing 242 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Ladan F. Stewart dated June 11, 2021 re: #220 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated June 4, 2021. . Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Stewart, Ladan)
June 11, 2021 Opinion or Order Filing 241 MEMORANDUM OF LAW in Support re: #240 MOTION for Discovery / Motion to Obtain International Discovery (related document #213 ). . Document filed by Bradley Garlinghouse. (Attachments: #1 Exhibit 1 - Proposed Order, #2 Exhibit 2 - Bitfinex Proposed Letter, #3 Exhibit 3 - Bitforex Proposed Letter, #4 Exhibit 4 - Bithumb Proposed Letter, #5 Exhibit 5 - Bitlish Proposed Letter, #6 Exhibit 6 - BitMart Proposed Letter, #7 Exhibit 7 - AscendEX Proposed Letter, #8 Exhibit 8 - Bitrue Proposed Letter, #9 Exhibit 9 - Bitstamp Proposed Letter, #10 Exhibit 10 - Coinbene Proposed Letter, #11 Exhibit 11 - Coinone Proposed Letter, #12 Exhibit 12 - HitBTC Proposed Letter, #13 Exhibit 13 - Huobi Proposed Letter, #14 Exhibit 14 - Korbit Proposed Letter, #15 Exhibit 15 - OKEx Proposed Letter, #16 Exhibit 16 - Upbit Proposed Letter, #17 Exhibit 17 - ZB Proposed Letter).(Solomon, Matthew)
June 11, 2021 Opinion or Order Filing 240 MOTION for Discovery / Motion to Obtain International Discovery (related document #213 ). Document filed by Bradley Garlinghouse..(Solomon, Matthew)
June 10, 2021 Opinion or Order Filing 239 MEMO ENDORSEMENT: on re: #236 Letter filed by Ripple Labs Inc. ENDORSEMENT: The Court adopts the parties' sealing proposal, in their entirety. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 6/10/2021) (ama)
June 10, 2021 Opinion or Order Filing 238 NOTICE OF APPEARANCE by Nicole Tatz on behalf of Bradley Garlinghouse..(Tatz, Nicole)
June 9, 2021 Opinion or Order Filing 237 LETTER REPLY to Response to Motion addressed to Judge Analisa Torres from Jorge G. Tenreiro dated June 9, 2021 re: #128 MOTION to Strike Document No. #51 Motion to Strike Defendant Ripple Labs, Inc.'s Fourth Affirmative Defense. Response to Ripple Sur-Reply (D.E. 229). Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
June 9, 2021 Opinion or Order Filing 236 JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated June 9, 2021 re: Proposed Redactions with respect to ECF Nos. 166, 191, 198, and 199. Document filed by Ripple Labs Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29).(Kellogg, Michael)
June 9, 2021 Opinion or Order Filing 235 ORDER: Respectfully, the Clerk of Court is directed to strike the documents at ECF No. 230 from the docket. So Ordered. (Signed by Magistrate Judge Sarah Netburn on 6/9/2021) (js)
June 8, 2021 Opinion or Order Filing 234 LETTER RESPONSE in Opposition to Motion addressed to Judge Analisa Torres from Michael K. Kellogg dated June 8, 2021 re: #217 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Analisa Torres from Robert Moye dated June 2, 2021. . Document filed by Ripple Labs Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Kellogg, Michael)
June 7, 2021 Opinion or Order Filing 233 ORDER granting #228 Letter Motion for Extension of Time. The SEC shall respond to the Defendants' motion no later than June 11, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
June 7, 2021 Opinion or Order Filing 232 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Jorge Gerardo Tenreiro dated June 7, 2021 re: #197 LETTER MOTION for Local Rule 37.2 Conference Re Omnibus Discovery Matters addressed to Magistrate Judge Sarah Netburn from Jorge Gerardo Tenreiro dated May 25, 2021. . Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Tenreiro, Jorge)
June 7, 2021 Opinion or Order Filing 231 ***SELECTED PARTIES***LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated June 7, 2021 re: #198 LETTER MOTION for Local Rule 37.2 Conference Re Omnibus Discovery Matters addressed to Magistrate Judge Sarah Netburn from Jorge Gerardo Tenreiro dated May 25, 2021. . Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit G)Motion or Order to File Under Seal: #215 .(Tenreiro, Jorge)
June 7, 2021 Opinion or Order Filing 230 ***STRICKEN DOCUMENT. Document number #230 has been stricken from the case record. The document was stricken from this case pursuant to #235 Order . LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated June 7, 2021 re: #197 LETTER MOTION for Local Rule 37.2 Conference Re Omnibus Discovery Matters addressed to Magistrate Judge Sarah Netburn from Jorge Gerardo Tenreiro dated May 25, 2021. . Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Tenreiro, Jorge) Modified on 6/9/2021 (js).
June 7, 2021 Opinion or Order Filing 229 LETTER MOTION for Leave to File Sur-Reply in Opposition to Motion to Strike addressed to Judge Analisa Torres from Michael K. Kellogg dated June 7, 2021. Document filed by Ripple Labs Inc.. (Attachments: #1 Proposed Sur-Reply in Opposition to Motion to Strike, #2 Exhibit A).(Kellogg, Michael)
June 7, 2021 Opinion or Order Filing 228 LETTER MOTION for Extension of Time re Defendants' Motion for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Mark R. Sylvester dated June 7, 2021. Document filed by Securities and Exchange Commission..(Sylvester, Mark)
June 4, 2021 Opinion or Order Filing 227 DECLARATION of Matthew C. Solomon, dated June 4, 2021 [REDACTED] in Support re: #110 MOTION to Dismiss the Amended Complaint.. Document filed by Bradley Garlinghouse. (Attachments: #1 Exhibit K - SEC-LIT-EPROD-000502078, #2 Exhibit L - SEC-LIT-EPROD-000103219, #3 Exhibit M - SEC-LIT-EPROD-000502060).(Solomon, Matthew)
June 4, 2021 Opinion or Order Filing 226 ***SELECTED PARTIES***DECLARATION of Matthew C. Solomon, dated June 4, 2021 in Support re: #110 MOTION to Dismiss the Amended Complaint.. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc., Securities and Exchange Commission. (Attachments: #1 Exhibit K - SEC-LIT-EPROD-000502078, #2 Exhibit L - SEC-LIT-EPROD-000103219, #3 Exhibit M - SEC-LIT-EPROD-000502060)Motion or Order to File Under Seal: #225 .(Solomon, Matthew)
June 4, 2021 Opinion or Order Filing 225 LETTER MOTION to Seal Exhibits K-M to the June 4, 2021 Declaration of Matthew C. Solomon addressed to Judge Analisa Torres from Matthew C. Solomon dated June 4, 2021. Document filed by Bradley Garlinghouse..(Solomon, Matthew)
June 4, 2021 Opinion or Order Filing 224 REPLY MEMORANDUM OF LAW in Support re: #110 MOTION to Dismiss the Amended Complaint. . Document filed by Bradley Garlinghouse..(Solomon, Matthew)
June 4, 2021 Opinion or Order Filing 223 REPLY MEMORANDUM OF LAW in Support re: #105 MOTION to Dismiss the First Amended Complaint. [REDACTED]. Document filed by Christian A. Larsen..(Flumenbaum, Martin)
June 4, 2021 Opinion or Order Filing 222 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #105 MOTION to Dismiss the First Amended Complaint. . Document filed by Christian A. Larsen, Bradley Garlinghouse, Ripple Labs Inc., Securities and Exchange Commission. Motion or Order to File Under Seal: #221 .(Flumenbaum, Martin)
June 4, 2021 Opinion or Order Filing 221 LETTER MOTION to Seal addressed to Judge Analisa Torres from Martin Flumenbaum dated June 4, 2021. Document filed by Christian A. Larsen..(Flumenbaum, Martin)
June 4, 2021 Opinion or Order Filing 220 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated June 4, 2021. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit A).(Kellogg, Michael)
June 4, 2021 Opinion or Order Filing 219 LETTER addressed to Judge Analisa Torres from Michael K. Kellogg dated June 4, 2021 re: Defendants' Intent to Oppose the SECs Extension Request. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Kellogg, Michael)
June 3, 2021 Opinion or Order Filing 218 ORDER granting #215 Letter Motion for Extension of Time. The parties shall file their jointly proposed redactions with respect to ECF Nos. 166, 197, and 198 no later than Wednesday, June 9, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
June 2, 2021 Opinion or Order Filing 217 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Analisa Torres from Robert Moye dated June 2, 2021. Document filed by Securities and Exchange Commission..(Moye, Robert)
June 2, 2021 Opinion or Order Filing 216 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated June 2, 2021 re: #197 LETTER MOTION for Local Rule 37.2 Conference Re Omnibus Discovery Matters addressed to Magistrate Judge Sarah Netburn from Jorge Gerardo Tenreiro dated May 25, 2021. . Document filed by Ripple Labs Inc.. (Attachments: #1 Exhibit A).(Kellogg, Michael)
June 2, 2021 Opinion or Order Filing 215 LETTER MOTION for Extension of Time addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated June 2, 2021. Document filed by Ripple Labs Inc...(Kellogg, Michael)
June 2, 2021 Opinion or Order Filing 214 MEMORANDUM OF LAW in Support re: #213 MOTION for Discovery / Motion to Obtain International Discovery. . Document filed by Bradley Garlinghouse. (Attachments: #1 Exhibit 1 - Proposed Order, #2 Exhibit 2 - Bitfinex Proposed Letter, #3 Exhibit 3 - Bitforex Proposed Letter, #4 Exhibit 4 - Bithumb Proposed Letter, #5 Exhibit 5 - Bitlish Proposed Letter, #6 Exhibit 6 - BitMart Proposed Letter, #7 Exhibit 7 - AscendEX Proposed Letter, #8 Exhibit 8 - Bitrue Proposed Letter, #9 Exhibit 9 - Bitstamp Proposed Letter, #10 Exhibit 10 - Coinbene Proposed Letter, #11 Exhibit 11 - Coinone Proposed Letter, #12 Exhibit 12 - HitBTC Proposed Letter, #13 Exhibit 13 - Huobi Proposed Letter, #14 Exhibit 14 - Korbit Proposed Letter, #15 Exhibit 15 - OKEx Proposed Letter, #16 Exhibit 16 - Upbit Proposed Letter, #17 Exhibit 17 - ZB Proposed Letter).(Solomon, Matthew)
June 2, 2021 Opinion or Order Filing 213 MOTION for Discovery / Motion to Obtain International Discovery. Document filed by Bradley Garlinghouse..(Solomon, Matthew)
June 2, 2021 Opinion or Order Filing 212 ORDER denying without prejudice #176 Letter Motion to Seal. Ripple's motion is denied without prejudice. The parties are directed to meet and confer to further limit the sealing request and file a joint letter proposing reasonable redactions no later than June 7, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
June 2, 2021 Opinion or Order Filing 211 ORDER denying as moot #191 Letter Motion for Local Rule 37.2 Conference. Given the parties' representations in their letters at ECF Nos. 199 and 207, the SEC's motion is denied as moot. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
May 30, 2021 Opinion or Order Filing 210 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) (ras)
May 28, 2021 Opinion or Order Filing 209 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/21/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
May 28, 2021 Opinion or Order Filing 208 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/21/2021 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/18/2021. Redacted Transcript Deadline set for 6/28/2021. Release of Transcript Restriction set for 8/26/2021..(McGuirk, Kelly)
May 28, 2021 Opinion or Order Filing 207 ***SELECTED PARTIES***LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Mark R. Sylvester dated May 28, 2021 re: #191 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Mark R. Sylvester dated May 18, 2021. . Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit Exhibit A)Motion or Order to File Under Seal: #53 .(Sylvester, Mark)
May 28, 2021 Opinion or Order Filing 206 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Mark R. Sylvester dated May 28, 2021 re: #176 LETTER MOTION to Seal re: #166 SEC's LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated May 14, 2021. . Document filed by Securities and Exchange Commission..(Sylvester, Mark)
May 27, 2021 Opinion or Order Filing 205 REPLY MEMORANDUM OF LAW in Support re: #128 MOTION to Strike Document No. #51 Motion to Strike Defendant Ripple Labs, Inc.'s Fourth Affirmative Defense. . Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit Ex. 1 - Cornerstone Research Report).(Hanauer, Benjamin)
May 27, 2021 Opinion or Order Filing 204 ORDER granting #200 Letter Motion for Extension of Time. Defendant Ripple is granted until June 2, 2021, to respond to the SEC's omnibus discovery letter motion. The parties are strongly urged to continue to meet and confer on these issues in an effort to resolve them without judicial intervention. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
May 27, 2021 Opinion or Order Filing 203 ORDER granting #201 Motion to Withdraw as Attorney. Attorney Dugan William Edward Bliss terminated. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
May 27, 2021 Opinion or Order Filing 202 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Securities and Exchange Commission. Related Document Number: #201 ..(Bliss, Dugan)
May 27, 2021 Opinion or Order Filing 201 MOTION for Dugan Bliss to Withdraw as Attorney . Document filed by Securities and Exchange Commission..(Bliss, Dugan)
May 26, 2021 Opinion or Order Filing 200 LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated May 26, 2021. Document filed by Ripple Labs Inc...(Kellogg, Michael)
May 25, 2021 Opinion or Order Filing 199 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Andrew J Ceresney dated May 25, 2021 re: #191 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Mark R. Sylvester dated May 18, 2021. (Protective Order docketed at ECF 53). Document filed by Ripple Labs Inc., Bradley Garlinghouse, Christian A. Larsen, Securities and Exchange Commission. Motion or Order to File Under Seal: #191 .(Ceresney, Andrew)
May 25, 2021 Opinion or Order Filing 198 ***SELECTED PARTIES*** LETTER MOTION for Local Rule 37.2 Conference Re Omnibus Discovery Matters addressed to Magistrate Judge Sarah Netburn from Jorge Gerardo Tenreiro dated May 25, 2021. Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit Q)Motion or Order to File Under Seal: #54 .(Tenreiro, Jorge)
May 25, 2021 Opinion or Order Filing 197 LETTER MOTION for Local Rule 37.2 Conference Re Omnibus Discovery Matters addressed to Magistrate Judge Sarah Netburn from Jorge Gerardo Tenreiro dated May 25, 2021. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T).(Tenreiro, Jorge)
May 21, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Telephone Conference held on 5/21/2021. (ras)
May 19, 2021 Opinion or Order Filing 196 ***SELECTED PARTIES***LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Jorge Gerardo Tenreiro dated May 19, 2021 re: #166 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated May 7, 2021. . Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #53 .(Tenreiro, Jorge)
May 19, 2021 Opinion or Order Filing 195 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated May 19, 2021 re: #165 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated May 7, 2021. . Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A).(Tenreiro, Jorge)
May 19, 2021 Opinion or Order Filing 194 ORDER re: #121 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Martin Flumenbaum, Andrew J. Ceresney, Michael K. Kellogg and Matthew C. Solomon dated April 16, 2021, filed by Christian A. Larsen, Ripple Labs Inc., Bradley Garlinghouse. The Defendants' motion is DENIED. The SEC is ordered to produce all documents obtained in response to the Requests. In addition, to improve transparency in the process, the SEC is ordered to produce copies of all previously served Requests within 14 days and produce any subsequent Requests within 14 days of their service. To the extent the SEC believes it has a proper claim of privilege, it must simultaneously produce a privilege log. The Clerk of Court is respectfully requested to deny the motion at ECF No. 121. (Signed by Magistrate Judge Sarah Netburn on 5/19/2021) (ras)
May 19, 2021 Opinion or Order Filing 193 ORDER granting #192 Letter Motion for Extension of Time to File Response/Reply. Ripple shall file its opposition no later than May 25, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
May 19, 2021 Opinion or Order Filing 192 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #191 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Mark R. Sylvester dated May 18, 2021. addressed to Magistrate Judge Sarah Netburn from Andrew J. Ceresney dated May 19, 2021. Document filed by Ripple Labs Inc...(Ceresney, Andrew)
May 18, 2021 Opinion or Order Filing 191 ***SELECTED PARTIES*** LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Mark R. Sylvester dated May 18, 2021. Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H)Motion or Order to File Under Seal: #53 .(Sylvester, Mark)
May 17, 2021 Opinion or Order Filing 190 DECLARATION of Ladan F. Stewart in Opposition re: #122 MOTION to Intervene .. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Tenreiro, Jorge)
May 17, 2021 Opinion or Order Filing 189 REPLY MEMORANDUM OF LAW in Opposition re: #122 MOTION to Intervene . Reply to Defendants' Response to Motion to Intervene. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
May 17, 2021 Opinion or Order Filing 188 REPLY to Response to Motion re: #122 MOTION to Intervene . . Document filed by Jordan Deaton, James LaMonte, Mya LaMonte, Tyler LaMonte, Mitchell McKenna, Kristiana Warner..(Deaton, John)
May 17, 2021 Opinion or Order Filing 187 DECLARATION of John E. Deaton in Support re: #122 MOTION to Intervene .. Document filed by Jordan Deaton, James LaMonte, Mya LaMonte, Tyler LaMonte, Mitchell McKenna, Kristiana Warner. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Deaton, John)
May 17, 2021 Opinion or Order Filing 186 REPLY to Response to Motion re: #65 MOTION to Intervene . . Document filed by Jordan Deaton, James LaMonte, Mya LaMonte, Tyler LaMonte, Mitchell McKenna, Kristiana Warner..(Deaton, John)
May 15, 2021 Opinion or Order Filing 185 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/30/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
May 15, 2021 Opinion or Order Filing 184 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/30/2021 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/7/2021. Redacted Transcript Deadline set for 6/15/2021. Release of Transcript Restriction set for 8/13/2021..(McGuirk, Kelly)
May 14, 2021 Opinion or Order Filing 183 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #105 MOTION to Dismiss the First Amended Complaint., #110 MOTION to Dismiss the Amended Complaint. . Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. Motion or Order to File Under Seal: #104 .(Tenreiro, Jorge)
May 14, 2021 Opinion or Order Filing 182 MEMORANDUM OF LAW in Opposition re: #105 MOTION to Dismiss the First Amended Complaint., #110 MOTION to Dismiss the Amended Complaint. . Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
May 14, 2021 Opinion or Order Filing 181 DECLARATION of Jorge G. Tenreiro in Opposition re: #105 MOTION to Dismiss the First Amended Complaint., #110 MOTION to Dismiss the Amended Complaint.. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Tenreiro, Jorge)
May 14, 2021 Opinion or Order Filing 180 DECLARATION of Jorge G. Tenreiro in Opposition re: #105 MOTION to Dismiss the First Amended Complaint., #110 MOTION to Dismiss the Amended Complaint.. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
May 14, 2021 Opinion or Order Filing 179 ***SELECTED PARTIES***DECLARATION of Jorge G. Tenreiro in Opposition re: #105 MOTION to Dismiss the First Amended Complaint., #110 MOTION to Dismiss the Amended Complaint.. Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G)Motion or Order to File Under Seal: #104 .(Tenreiro, Jorge)
May 14, 2021 Opinion or Order Filing 178 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Judge Analisa Torres from Jorge G. Tenreiro dated May 14, 2021 re: #104 LETTER MOTION to Seal addressed to Judge Analisa Torres from Martin Flumenbaum dated April 12, 2021., #170 LETTER MOTION to Seal addressed to Judge Analisa Torres from Michael K. Kellogg dated May 13, 2021. . Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit B to Waxman Decl. [D.E. 130], #2 Exhibit C to Waxman Decl. [D.E. 130])Motion or Order to File Under Seal: #104 .(Tenreiro, Jorge)
May 14, 2021 Opinion or Order Filing 177 LETTER RESPONSE in Opposition to Motion addressed to Judge Analisa Torres from Jorge G. Tenreiro dated May 14, 2021 re: #170 LETTER MOTION to Seal addressed to Judge Analisa Torres from Michael K. Kellogg dated May 13, 2021., #104 LETTER MOTION to Seal addressed to Judge Analisa Torres from Martin Flumenbaum dated April 12, 2021. . Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
May 14, 2021 Opinion or Order Filing 176 LETTER MOTION to Seal re: #166 SEC's LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated May 14, 2021. Document filed by Ripple Labs Inc...(Kellogg, Michael)
May 14, 2021 Opinion or Order Filing 175 ORDER with respect to #170 Motion to Seal. The Court has reviewed the parties' letters dated April 22 and May 13, 2021. ECF Nos. 133, 170. Accordingly, concurrently with its reply to the motion to strike, the SEC may file a combined letter motion (1) opposing Ripple Labs' motion to seal Exhibits B and C of the Waxman Declaration, to the extent arguments not articulated in its opposition to Defendant Larsen's motion, ECF No. 104, apply, and (2) moving to seal the non-public SEC correspondence contained in Ripple Labs' opposition to the motion to strike, to the extent it wishes after meeting and confening with Ripple Labs. By June 10, 2021, Ripple Labs may respond to the SEC's motion to seal, if it so wishes. SO ORDERED. (Signed by Judge Analisa Torres on 5/14/2021) (kv)
May 14, 2021 Opinion or Order Filing 174 LETTER addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated May 14, 2021 re: opposition to #165 SEC's LETTER MOTION for Local Rule 37.2 Conference. Document filed by Ripple Labs Inc...(Kellogg, Michael)
May 14, 2021 Opinion or Order Filing 173 NOTICE OF APPEARANCE by Mark Raymond Sylvester on behalf of Securities and Exchange Commission..(Sylvester, Mark)
May 14, 2021 Opinion or Order Set/Reset Deadlines: Responses due by 6/10/2021 (kv)
May 13, 2021 Opinion or Order Filing 172 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #128 MOTION to Strike Document No. #51 Motion to Strike Defendant Ripple Labs, Inc.'s Fourth Affirmative Defense. . Document filed by Ripple Labs Inc., Bradley Garlinghouse, Christian A. Larsen, Securities and Exchange Commission. (Attachments: #1 Exhibit 1)Motion or Order to File Under Seal: #170 .(Kellogg, Michael)
May 13, 2021 Opinion or Order Filing 171 MEMORANDUM OF LAW in Opposition re: #128 MOTION to Strike Document No. #51 Motion to Strike Defendant Ripple Labs, Inc.'s Fourth Affirmative Defense. . Document filed by Ripple Labs Inc.. (Attachments: #1 Exhibit 1).(Kellogg, Michael)
May 13, 2021 Opinion or Order Filing 170 LETTER MOTION to Seal addressed to Judge Analisa Torres from Michael K. Kellogg dated May 13, 2021. Document filed by Ripple Labs Inc...(Kellogg, Michael)
May 11, 2021 Opinion or Order Filing 169 ORDER: A telephonic conference is scheduled for May 21, 2021, at 2:00 p.m. to discuss the SEC's pending motion to compel at ECF No. 165. Credentialed members of the press should contact the SDNY media office in advance of the conference to obtain access. Members of the public may listen to the proceedings at the following numbers: USA: (844) 291- 4185 International: (409) 207-6997 Access Code: 4934010 # Unauthorized recording and rebroadcasting of the conference (e.g., YouTube, Twitch, audio- only streams, etc.) is strictly prohibited. Any unauthorized recordings will be investigated, and anyone found to engage in such behaviors may be subject to criminal sanctions. So Ordered. (Telephone Conference set for 5/21/2021 at 02:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 5/11/2021) (js)
May 10, 2021 Opinion or Order Filing 168 ORDER granting #167 Letter Motion for Extension of Time. The Defendants shall respond to the SEC's motion no later than Friday, May 14, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
May 10, 2021 Opinion or Order Filing 167 LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated May 10, 2021. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Kellogg, Michael)
May 7, 2021 Opinion or Order Filing 166 ***SELECTED PARTIES*** LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated May 7, 2021. Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M)Motion or Order to File Under Seal: #164 .(Tenreiro, Jorge)
May 7, 2021 Opinion or Order Filing 165 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated May 7, 2021. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P).(Tenreiro, Jorge)
May 7, 2021 Opinion or Order Filing 164 LETTER addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated May 7, 2021 re: Documents Filed Under Seal. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
May 6, 2021 Opinion or Order Filing 163 ORDER granting in part #126 Letter Motion for Discovery. Having reviewed the parties' submissions, the Court makes the following clarifications: (1)The SEC must produce communications with third-parties, including external agencies and market participants, subject to a privilege assertion. (2)The SEC need not produce informal intra-agency communications, such as emails, and such communications need not be searched or logged. (3)Intra-agency memoranda or formal position papers discussing Bitcoin, Ethereum, and XRP must be searched for and produced subject to a privilege assertion. Examples of such documents include Division reports, final reports of internal working groups, or formal position papers submitted to the Commissioners. Although such documents may ultimately be privileged, information that would be provided on a privilege log, such as dates and participants, may itself be relevant and is discoverable. (4)Any documents withheld on the basis of privilege must be identified on a privilege log. (5)The Court directs the parties to continue to meet-and-confer on the remaining issues presented in their letters. Respectfully, the Clerk of Court is directed to GRANT in PART the motion at ECF No. 126. (Signed by Magistrate Judge Sarah Netburn on 5/6/2021) (ras) Modified on 5/6/2021 (ras).
May 5, 2021 Opinion or Order Filing 162 MEMO ENDORSEMENT on re: #157 Letter filed by Christian A. Larsen, Ripple Labs Inc., Bradley Garlinghouse. ENDORSEMENT: Respectfully, the Clerk of Court is directed to delete the exhibits at ECF Nos. 141-1 and 141-2. (Signed by Magistrate Judge Sarah Netburn on 5/5/2021) (ras)
May 5, 2021 Opinion or Order Filing 161 ORDER granting #159 Motion for Benjamin J. Hanauer to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
May 5, 2021 Opinion or Order Filing 160 ORDER granting #158 Motion for Robert MacDonald Moye to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
May 5, 2021 Opinion or Order Filing 159 MOTION for Benjamin J. Hanauer to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Securities and Exchange Commission. (Attachments: #1 Affidavit Declaration of Benjamin Hanauer, #2 Text of Proposed Order Proposed Order).(Hanauer, Benjamin)
May 5, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #159 MOTION for Benjamin J. Hanauer to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
May 5, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #158 MOTION for Robert MacDonald Moye to Appear Pro Hac Vice on behalf of Plaintiff Securities and Exchange Commission. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
May 4, 2021 Opinion or Order Filing 158 MOTION for Robert MacDonald Moye to Appear Pro Hac Vice on behalf of Plaintiff Securities and Exchange Commission. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, Declaration of Robert Moye, #2 Exhibit B, Certificate of Admission, #3 Text of Proposed Order Proposed order).(Moye, Robert)
May 4, 2021 Opinion or Order Filing 157 LETTER addressed to Magistrate Judge Sarah Netburn from Martin Flumenbaum dated May 4, 2021 re: withdrawal of exhibits. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Flumenbaum, Martin)
May 4, 2021 Opinion or Order Filing 156 ORDER granting #148 Letter Motion for Leave to File Excess Pages. The Court has reviewed the parties' letters dated April 30 and May 3 and 4, 2021. ECF Nos. 148, 150, 155. Accordingly, the Securities and Exchange Commission's (the "SEC") motion is GRANTED. The SEC shall be permitted to respond to the individual defendants' motions to dismiss in a single opposition brief, not to exceed 60 pages. The Clerk of Court is directed to terminate the motion at ECF No. 148. SO ORDERED. (Signed by Judge Analisa Torres on 5/4/2021) (kv)
May 4, 2021 Opinion or Order Filing 155 LETTER REPLY to Response to Motion addressed to Judge Analisa Torres from Jorge G. Tenreiro dated May 4, 2021 re: #148 LETTER MOTION for Leave to File Excess Pages to Combine Opposition to Motions to Dismiss addressed to Judge Analisa Torres from Jorge G. Tenreiro dated April 30, 2021. . Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
May 3, 2021 Opinion or Order Filing 154 DECLARATION of Ladan F. Stewart in Opposition re: #122 MOTION to Intervene .. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L).(Tenreiro, Jorge)
May 3, 2021 Opinion or Order Filing 153 MEMORANDUM OF LAW in Opposition re: #122 MOTION to Intervene . . Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
May 3, 2021 Opinion or Order Filing 152 RESPONSE to Motion re: #122 MOTION to Intervene . . Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Kellogg, Michael)
May 3, 2021 Opinion or Order Filing 151 REPLY to Response to Motion re: #126 LETTER MOTION for Discovery Order Pursuant to Local Civil Rule 37.2 addressed to Magistrate Judge Sarah Netburn from Dugan Bliss dated April 21, 2021. Correction. Document filed by Securities and Exchange Commission..(Bliss, Dugan)
May 3, 2021 Opinion or Order Filing 150 LETTER RESPONSE in Opposition to Motion addressed to Judge Analisa Torres from Martin Flumenbaum & Matthew C. Solomon dated May 3, 2021 re: #148 LETTER MOTION for Leave to File Excess Pages to Combine Opposition to Motions to Dismiss addressed to Judge Analisa Torres from Jorge G. Tenreiro dated April 30, 2021. . Document filed by Bradley Garlinghouse, Christian A. Larsen..(Flumenbaum, Martin)
May 3, 2021 Opinion or Order Filing 149 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Dugan Bliss dated May 3, 2021 re: #126 LETTER MOTION for Discovery Order Pursuant to Local Civil Rule 37.2 addressed to Magistrate Judge Sarah Netburn from Dugan Bliss dated April 21, 2021. . Document filed by Securities and Exchange Commission..(Bliss, Dugan)
April 30, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Discovery Hearing held on 4/30/2021. (ras)
April 30, 2021 Opinion or Order Filing 148 LETTER MOTION for Leave to File Excess Pages to Combine Opposition to Motions to Dismiss addressed to Judge Analisa Torres from Jorge G. Tenreiro dated April 30, 2021. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
April 30, 2021 Opinion or Order Filing 147 ORDER: Due to an inadvertent typo in an earlier Order, the public Access Code for today's conference was incorrect. The April 30, 2021, 10:00 a.m. EDT (-4:00 GMT) conference dial in information is as follows: USA: (844) 291-4185 International: (409) 207-6997 Access Code: 7106935. As a reminder, unauthorized recording or rebroadcasting is strictly prohibited (including YouTube streams, Twitch streams, audio stream, etc.). Any identified violations will be investigated, and anyone found to have engaged in these behaviors may be subject to criminal sanctions. (Signed by Magistrate Judge Sarah Netburn on 4/30/2021) (ras)
April 29, 2021 Opinion or Order Filing 146 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated April 29, 2021 re: #121 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Martin Flumenbaum, Andrew J. Ceresney, Michael K. Kellogg and Matthew C. Solomon dated April 16, 2021. . Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
April 29, 2021 Opinion or Order Filing 145 ***SELECTED PARTIES***SUPPLEMENTAL LETTER addressed to Magistrate Judge Sarah Netburn from Martin Flumenbaum, Andrew J. Ceresney, Michael K. Kellogg and Matthew C. Solomon dated April 29, 2021 re: Letter from the SEC. Document filed by Christian A. Larsen, Bradley Garlinghouse, Ripple Labs Inc., Securities and Exchange Commission. (Attachments: #1 Exhibit A - SEC Letter)Motion or Order to File Under Seal: #143 .(Flumenbaum, Martin)
April 29, 2021 Opinion or Order Filing 144 SUPPLEMENTAL LETTER addressed to Magistrate Judge Sarah Netburn from Martin Flumenbaum, Andrew J. Ceresney, Michael K. Kellogg and Matthew C. Solomon dated April 29, 2021 re: Letter from the SEC. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit A - Filed Under Seal).(Flumenbaum, Martin)
April 29, 2021 Opinion or Order Filing 143 LETTER addressed to Magistrate Judge Sarah Netburn from Martin Flumenbaum dated April 29, 2021 re: Document filed under seal. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Flumenbaum, Martin)
April 28, 2021 Opinion or Order Filing 142 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated April 28, 2021 re: #126 LETTER MOTION for Discovery Order Pursuant to Local Civil Rule 37.2 addressed to Magistrate Judge Sarah Netburn from Dugan Bliss dated April 21, 2021. . Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Kellogg, Michael)
April 28, 2021 Opinion or Order Filing 141 ***SELECTED PARTIES***LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Martin Flumenbaum, Andrew J. Ceresney, Michael K. Kellogg and Matthew C. Solomon dated April 28, 2021 re: #121 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Martin Flumenbaum, Andrew J. Ceresney, Michael K. Kellogg and Matthew C. Solomon dated April 16, 2021. . Document filed by Christian A. Larsen, Bradley Garlinghouse, Ripple Labs Inc., Securities and Exchange Commission. ***Deleted document numbers 141-1 and 141-2 from the case record pursuant to #162 Memo Endorsement. (Attachments: # 1 Exhibit A - Produced Document, # 2 Exhibit B - Produced Document)Motion or Order to File Under Seal: #139 .(Flumenbaum, Martin) Modified on 5/5/2021 (ras). Modified on 5/5/2021 (ras).
April 28, 2021 Opinion or Order Filing 140 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Martin Flumenbaum, Andrew J. Ceresney, Michael K. Kellogg and Matthew C. Solomon dated April 28, 2021 re: #121 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Martin Flumenbaum, Andrew J. Ceresney, Michael K. Kellogg and Matthew C. Solomon dated April 16, 2021. . Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit A - Filed Under Seal, #2 Exhibit B - Filed Under Seal).(Flumenbaum, Martin)
April 28, 2021 Opinion or Order Filing 139 LETTER addressed to Magistrate Judge Sarah Netburn from Martin Flumenbaum dated April 28, 2021 re: Certain Exhibits Filed under Seal. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Flumenbaum, Martin)
April 28, 2021 Opinion or Order Filing 138 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated April 28, 2021 re: #126 LETTER MOTION for Discovery Order Pursuant to Local Civil Rule 37.2 addressed to Magistrate Judge Sarah Netburn from Dugan Bliss dated April 21, 2021. . Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Kellogg, Michael)
April 23, 2021 Opinion or Order Filing 137 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated April 23, 2021 re: #121 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Martin Flumenbaum, Andrew J. Ceresney, Michael K. Kellogg and Matthew C. Solomon dated April 16, 2021. . Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit G, #2 Exhibit H)Motion or Order to File Under Seal: #135 .(Tenreiro, Jorge)
April 23, 2021 Opinion or Order Filing 136 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated April 23, 2021 re: #121 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Martin Flumenbaum, Andrew J. Ceresney, Michael K. Kellogg and Matthew C. Solomon dated April 16, 2021. . Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M).(Tenreiro, Jorge)
April 23, 2021 Opinion or Order Filing 135 LETTER addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated April 23, 2021 re: Certain Exhibits Filed Under Seal in Connection with SEC's Opposition to Motion. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
April 23, 2021 Opinion or Order Filing 134 ORDER granting #127 Letter Motion for Extension of Time. Defendants shall file their responses to the SEC's letter motion no later than April 28, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
April 22, 2021 Opinion or Order Filing 133 LETTER addressed to Judge Analisa Torres from Jorge G. Tenreiro dated April 22, 2021 re: Sealed Documents in SEC's Motion to Strike. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
April 22, 2021 Opinion or Order Filing 132 MEMORANDUM OF LAW in Support re: #128 MOTION to Strike Document No. #51 Motion to Strike Defendant Ripple Labs, Inc.'s Fourth Affirmative Defense. . Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
April 22, 2021 Opinion or Order Filing 131 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #128 MOTION to Strike Document No. #51 Motion to Strike Defendant Ripple Labs, Inc.'s Fourth Affirmative Defense. . Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. Motion or Order to File Under Seal: #117 .(Tenreiro, Jorge)
April 22, 2021 Opinion or Order Filing 130 ***SELECTED PARTIES***DECLARATION of Daphna A. Waxman in Support re: #128 MOTION to Strike Document No. #51 Motion to Strike Defendant Ripple Labs, Inc.'s Fourth Affirmative Defense.. Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit B, #2 Exhibit C)Motion or Order to File Under Seal: #117 .(Tenreiro, Jorge)
April 22, 2021 Opinion or Order Filing 129 DECLARATION of Daphna A. Waxman in Support re: #128 MOTION to Strike Document No. #51 Motion to Strike Defendant Ripple Labs, Inc.'s Fourth Affirmative Defense.. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Tenreiro, Jorge)
April 22, 2021 Opinion or Order Filing 128 MOTION to Strike Document No. #51 Motion to Strike Defendant Ripple Labs, Inc.'s Fourth Affirmative Defense. Document filed by Securities and Exchange Commission. Responses due by 5/13/2021.(Tenreiro, Jorge)
April 21, 2021 Opinion or Order Filing 127 LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated April 21, 2021. Document filed by Ripple Labs Inc...(Kellogg, Michael)
April 21, 2021 Opinion or Order Filing 126 LETTER MOTION for Discovery Order Pursuant to Local Civil Rule 37.2 addressed to Magistrate Judge Sarah Netburn from Dugan Bliss dated April 21, 2021. Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit 1 - The Court's April 6, 2021 Order, #2 Exhibit 2 - Proposed Discovery Order, #3 Exhibit 3 - April 8, 2021 Letter, #4 Exhibit 4 - Defs. Br. in Opp. in Tetragon Fin. Grp. Ltd. v. Ripple Labs, Inc., 2021-0007-MTZ, #5 Exhibit 5 - Ripple subpoena to One River Asset Mgmt.).(Bliss, Dugan)
April 20, 2021 Opinion or Order Set/Reset Hearings: Discovery Hearing set for 4/30/2021 at 10:00 AM before Magistrate Judge Sarah Netburn. (ras)
April 20, 2021 Opinion or Order Filing 125 ORDER granting #121 Letter Motion for Local Rule 37.2 Conference. A telephonic discovery conference is scheduled for April 30, 2021, at 10:00 a.m. EDT (GMT -04:00). The Court will communicate with the parties regarding the conference line. Members of the public who wish to listen to the conference may do so by dialing: USA: (844) 291-4185; or International: (409) 207-6997, and entering Access Code 7106935, followed by the pound (#) key. This public line will accommodate 4,000 callers. The public is reminded that both recording and rebroadcasting (e.g., Youtube streams, Twitch streams, audio-only streaming, etc.) is strictly prohibited, and anyone found making unauthorized recordings or rebroadcasts will be investigated and may be subject to criminal sanctions. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) Modified on 4/30/2021 (ras).
April 19, 2021 Opinion or Order Filing 124 DECLARATION of John E. Deaton in Support re: #122 MOTION to Intervene .. Document filed by Jordan Deaton, James LaMonte, Mya LaMonte, Tyler LaMonte, Mitchell McKenna, Kristiana Warner. (Attachments: #1 Exhibit Proposed Answer to Complaint, #2 Exhibit Gensler at Peterson Link, #3 Exhibit Hinman, Howey Meets Gary, #4 Exhibit GianCarlo Crypto and Securities Law, #5 Exhibit Jay Clayton Letter March 2019, #6 Exhibit Bailard's Code of Ethics Excerpt, #7 Exhibit Grundfest Letter Discussion, #8 Exhibit Hester Peirce Interview Link, #9 Exhibit Email Correspondence Demonstrating "use cases" by XRP Holders, #10 Exhibit Twitter Correspondence Demonstrating "use cases" by XRP Holders, #11 Exhibit Cryptwerk Directory, #12 Exhibit Nexo Instant Credit Line, #13 Exhibit XRP Ecosystem companies and applications, #14 Exhibit XRP Ledger intro to XRP, #15 Exhibit Spend the Bits features, #16 Exhibit Major Reasons Why XRP is Better Than Bitcoin, #17 Exhibit XRP is the Fastest Way to Send Bitcoin, #18 Exhibit XRP Use Cases, #19 Exhibit Brainard Speech May 2018, #20 Exhibit Bitcoin as Store Value, #21 Exhibit Deaton FXStreet).(Deaton, John)
April 19, 2021 Opinion or Order Filing 123 MEMORANDUM OF LAW in Support re: #122 MOTION to Intervene . . Document filed by Jordan Deaton, James LaMonte, Mya LaMonte, Tyler LaMonte, Mitchell McKenna, Kristiana Warner..(Deaton, John)
April 19, 2021 Opinion or Order Filing 122 MOTION to Intervene . Document filed by Jordan Deaton, James LaMonte, Mya LaMonte, Tyler LaMonte, Mitchell McKenna, Kristiana Warner..(Deaton, John)
April 16, 2021 Opinion or Order Filing 121 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Martin Flumenbaum, Andrew J. Ceresney, Michael K. Kellogg and Matthew C. Solomon dated April 16, 2021. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit A - 3/22/21 Letter, #2 Exhibit B - Email correspondence between SEC and Defendants, #3 Exhibit C - SEC v. Badian decision, #4 Exhibit D - SEC 9/4/19 letter).(Flumenbaum, Martin)
April 16, 2021 Opinion or Order Filing 120 ORDER granting #118 Letter Motion for Leave to File Excess Pages. The Defendants may file one combined letter motion, not to exceed seven pages. The SEC may respond by letter not to exceed seven pages within five business days of Defendants' filing. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
April 15, 2021 Opinion or Order Filing 119 LETTER addressed to Magistrate Judge Sarah Netburn from Martin Flumenbaum dated April 15, 2021 re: motion for leave [D.E 118]. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Flumenbaum, Martin)
April 15, 2021 Opinion or Order Filing 118 LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge Sarah Netburn from Martin Flumenbaum dated April 15, 2021. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Flumenbaum, Martin)
April 15, 2021 Opinion or Order Filing 117 ORDER granting #115 Letter Motion for Extension of Time to File Response/Reply re #115 LETTER MOTION for Extension of Time to File Response/Reply as to #104 LETTER MOTION to Seal addressed to Judge Analisa Torres from Martin Flumenbaum dated April 12, 2021. addressed to Judge Analisa Torres from Jorge G. Tenre. GRANTED. SO ORDERED. Responses due by 5/14/2021 (Signed by Judge Analisa Torres on 4/15/2021) (kv)
April 15, 2021 Opinion or Order Filing 116 NOTICE OF APPEARANCE by Robin Linsenmayer on behalf of Christian A. Larsen..(Linsenmayer, Robin)
April 14, 2021 Opinion or Order Filing 115 LETTER MOTION for Extension of Time to File Response/Reply as to #104 LETTER MOTION to Seal addressed to Judge Analisa Torres from Martin Flumenbaum dated April 12, 2021. addressed to Judge Analisa Torres from Jorge G. Tenreiro dated April 14, 2021. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
April 12, 2021 Opinion or Order Filing 114 DECLARATION of Matthew C. Solomon in Support re: #110 MOTION to Dismiss the Amended Complaint.. Document filed by Bradley Garlinghouse. (Attachments: #1 Exhibit A - Digital Ventures Interview, #2 Exhibit B - FinCEN's Fact Sheet on MSB Registration, #3 Exhibit C - DOJ Settlement, #4 Exhibit D - FinCEN Settlement, #5 Exhibit E - DOJ's Crytocurrency Enforcement Framework, #6 Exhibit F - 12 CFR Part 1005, #7 Exhibit G - CB Insights Interview, #8 Exhibit H - Article - Ripple to Place 55 Billion XRP in Escrow, #9 Exhibit I - Article - ICO=IPO, #10 Exhibit J - Hinman Speech).(Solomon, Matthew)
April 12, 2021 Opinion or Order Filing 113 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/6/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
April 12, 2021 Opinion or Order Filing 112 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/6/2021 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/3/2021. Redacted Transcript Deadline set for 5/13/2021. Release of Transcript Restriction set for 7/12/2021..(McGuirk, Kelly) Modified on 4/29/2021 (ras).
April 12, 2021 Opinion or Order Filing 111 MEMORANDUM OF LAW in Support re: #110 MOTION to Dismiss the Amended Complaint. . Document filed by Bradley Garlinghouse..(Solomon, Matthew)
April 12, 2021 Opinion or Order Filing 110 MOTION to Dismiss the Amended Complaint. Document filed by Bradley Garlinghouse..(Solomon, Matthew)
April 12, 2021 Opinion or Order Filing 109 DECLARATION of Martin Flumenbaum in Support re: #105 MOTION to Dismiss the First Amended Complaint.. Document filed by Christian A. Larsen. (Attachments: #1 Exhibit A-Produced Document, #2 Exhibit B-Produced Document, #3 Exhibit C-DOJ Settlement Papers, #4 Exhibit D-FinCEN Settlement Papers).(Flumenbaum, Martin)
April 12, 2021 Opinion or Order Filing 108 ***SELECTED PARTIES***DECLARATION of Martin Flumenbaum in Support re: #105 MOTION to Dismiss the First Amended Complaint.. Document filed by Christian A. Larsen, Bradley Garlinghouse, Ripple Labs Inc., Securities and Exchange Commission. (Attachments: #1 Exhibit A-Produced Document, #2 Exhibit B-Produced Document)Motion or Order to File Under Seal: #104 .(Flumenbaum, Martin)
April 12, 2021 Opinion or Order Filing 107 MEMORANDUM OF LAW in Support re: #105 MOTION to Dismiss the First Amended Complaint. [REDACTED]. Document filed by Christian A. Larsen..(Flumenbaum, Martin)
April 12, 2021 Opinion or Order Filing 106 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #105 MOTION to Dismiss the First Amended Complaint. . Document filed by Christian A. Larsen, Bradley Garlinghouse, Ripple Labs Inc., Securities and Exchange Commission. Motion or Order to File Under Seal: #104 .(Flumenbaum, Martin)
April 12, 2021 Opinion or Order Filing 105 MOTION to Dismiss the First Amended Complaint. Document filed by Christian A. Larsen..(Flumenbaum, Martin)
April 12, 2021 Opinion or Order Filing 104 LETTER MOTION to Seal addressed to Judge Analisa Torres from Martin Flumenbaum dated April 12, 2021. Document filed by Christian A. Larsen..(Flumenbaum, Martin)
April 9, 2021 Opinion or Order Filing 103 OPINION & ORDER: Accordingly, the Court finds that the SEC's requests for the Individual Defendants' personal financial records, apart from those records of XRP transactions that are already promised, are not relevant or proportional to the needs of the case. Accordingly, the Individual Defendants' motion is GRANTED. The SEC shall withdraw its Requests for Production seeking the Individual Defendants' personal financial records and withdraw its third-party subpoenas seeking the same. If, as discovery progresses, the SEC uncovers evidence that the Individual Defendants have not been forthcoming with records of their XRP transactions, it may provide such evidence to the Court and renew its application. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 4/9/2021) (ks)
April 8, 2021 Opinion or Order Filing 102 ORDER granting in part and denying in part #67 Letter Motion to Compel. For the reasons stated on the record during the April 6, 2021 discovery conference, the Defendants' motion is granted in part and denied in part. The Court's ruling on the motion to seal stands. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
April 6, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Telephonic Discovery Conference held on 4/6/2021. (ras)
April 6, 2021 Opinion or Order Filing 101 IMPORTANT NOTICE: The telephonic discovery conference in this matter that is scheduled for today is not scheduled to take place until 2:00 p.m. EST. The Court is aware that many members of the public have been calling into the Court's telephone conference line many hours in advance of the conference. There are other court proceedings currently taking place prior to the conference in this matter, so for any member of the public that wishes to listen in to the conference in this matter, please do not call in until 2:00 p.m. EST. SO ORDERED. (Telephone Conference set for 4/6/2021 at 02:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 4/6/2021) (rjm)
April 5, 2021 Opinion or Order Filing 100 NOTICE OF APPEARANCE by Ladan Fazlollahi Stewart on behalf of Securities and Exchange Commission..(Stewart, Ladan)
April 2, 2021 Opinion or Order Filing 99 ***SELECTED PARTIES***Exhibit List / Exhibit 3 - Under Seal Version. Document filed by Ripple Labs Inc., Bradley Garlinghouse, Christian A. Larsen, Securities and Exchange Commission. (Attachments: #1 Exhibit 4 - Under Seal Version)Motion or Order to File Under Seal: #98 .(Ceresney, Andrew)
April 2, 2021 Opinion or Order Filing 98 LETTER MOTION to Seal / Update on Letter Motion to Seal addressed to Magistrate Judge Sarah Netburn from Andrew Ceresney dated April 2, 2021. Document filed by Ripple Labs Inc.. (Attachments: #1 Exhibit 1 - Public Version, #2 Exhibit 2 - Public Version).(Ceresney, Andrew)
April 2, 2021 Opinion or Order Filing 97 ***SELECTED PARTIES***Exhibit List Exhibit A to Motion to Compel (D.E. 72-1). Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit A to Motion to Quash (D.E. 78-1))Motion or Order to File Under Seal: #83 .(Tenreiro, Jorge)
April 2, 2021 Opinion or Order Filing 96 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated April 2, 2021 re: #83 LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Andrew Ceresney dated March 25, 2021. . Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
March 31, 2021 Opinion or Order Filing 95 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/19/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
March 31, 2021 Opinion or Order Filing 94 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/19/2021 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Lisa Picciano Franko, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/21/2021. Redacted Transcript Deadline set for 5/3/2021. Release of Transcript Restriction set for 6/29/2021..(McGuirk, Kelly)
March 31, 2021 Opinion or Order Filing 93 ORDER granting #83 Letter Motion to Seal. The Defendants' motion to seal is GRANTED solely on an interim basis. Furthermore, the parties are directed to meet and confer to discuss whether the Defendants' motion to seal can be narrowed and shall file a letter with the Court regarding any further narrowing no later than April 2, 2021. To the extent that the parties cannot agree, any remaining sealing issues will be addressed along with the decision on the merits of the motions. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
March 31, 2021 Opinion or Order Filing 92 ORDER granting #82 Letter Motion to Seal. For the reasons stated in the SEC's March 30, 2021 letter, Investor A's motion to seal is granted. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
March 30, 2021 Opinion or Order Filing 91 ***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated March 30, 2021 re: #82 LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Eva Ciko Carman dated March 25, 2021., #83 LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Andrew Ceresney dated March 25, 2021. . Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. Motion or Order to File Under Seal: #83 .(Tenreiro, Jorge)
March 30, 2021 Opinion or Order Filing 90 LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated March 30, 2021 re: #82 LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Eva Ciko Carman dated March 25, 2021., #83 LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Andrew Ceresney dated March 25, 2021. . Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
March 29, 2021 Opinion or Order Filing 89 ORDER: The Court has reviewed the parties' and proposed intervenors' letters dated March 19 and 26, 2021, ECF Nos. 75, 85-86. Accordingly, The proposed intervenors' request for leave to file a motion to intervene is GRANTED; By April 19, 2021, the proposed investors shall file their motion to intervene; By May 3, 2021, Plaintiff shall file its opposition papers, and Defendants shall file their response papers, if any; By May 17, 2021, the proposed intervenors shall file their reply to Plaintiff's opposition papers and Defendants' response papers, if any, and Plaintiff shall file a reply to Defendants' response papers, if any. SO ORDERED., ( Motions due by 4/19/2021., Responses due by 5/3/2021, Replies due by 5/17/2021.) (Signed by Judge Analisa Torres on 3/29/2021) (ama)
March 26, 2021 Opinion or Order Filing 88 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/19/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
March 26, 2021 Opinion or Order Filing 87 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/19/2021 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Lisa Picciano Franko, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/16/2021. Redacted Transcript Deadline set for 4/26/2021. Release of Transcript Restriction set for 6/24/2021..(McGuirk, Kelly)
March 26, 2021 Opinion or Order Filing 86 LETTER addressed to Judge Analisa Torres from Michael K. Kellogg dated March 26, 2021 re: Motion to Intervene. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Kellogg, Michael)
March 26, 2021 Opinion or Order Filing 85 LETTER addressed to Judge Analisa Torres from Jorge G. Tenreiro dated March 26, 2021 re: Motion to Intervene. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
March 25, 2021 Opinion or Order Filing 84 ***SELECTED PARTIES***Exhibit List // Exhibit A, 72-1. Document filed by Ripple Labs Inc., Bradley Garlinghouse, Christian A. Larsen, Securities and Exchange Commission. (Attachments: #1 Exhibit B, 72-2, #2 Exhibit A, 78-1, #3 Exhibit B, 78-2)Motion or Order to File Under Seal: #83 .(Ceresney, Andrew)
March 25, 2021 Opinion or Order Filing 83 LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Andrew Ceresney dated March 25, 2021. Document filed by Ripple Labs Inc...(Ceresney, Andrew)
March 25, 2021 Opinion or Order Filing 82 LETTER MOTION to Seal addressed to Magistrate Judge Sarah Netburn from Eva Ciko Carman dated March 25, 2021. Document filed by Investor A..(Carman, Eva)
March 24, 2021 Opinion or Order Filing 81 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated March 24, 2021 re: #67 LETTER MOTION to Compel Securities and Exchange Commission to Produce addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated March 15, 2021. . Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Kellogg, Michael)
March 24, 2021 Opinion or Order Filing 80 ORDER: A telephonic discovery conference is scheduled for Tuesday, April 6, 2021, at 2:00 p.m., to discuss the Defendants' joint motion to compel. See ECF No. 67. Members of the public interested in listening to the conference should dial (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. A dial-in number will be circulated to the parties before the conference. Separately, several unauthorized recordings were made of the previous discovery conference. The parties and the public are reminded that, pursuant to S.D.N.Y. Local Civil Rule 1.8(b), "no one other than Court officials engaged in the conduct of Court business shall... make an audio or video recording of any proceeding or any communication with the Court, an employee of the Court or any person acting at the direction of the Court, including a mediator." (Discovery Hearing set for 4/6/2021 at 02:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 3/24/2021) (ras)
March 22, 2021 Opinion or Order Filing 79 LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Dugan Bliss dated March 22, 2021 re: #67 LETTER MOTION to Compel Securities and Exchange Commission to Produce addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated March 15, 2021. . Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A - Filed Under Seal, #2 Exhibit B - Filed Under Seal, #3 Exhibit C - Filed Under Seal, #4 Exhibit D - Feb. 19, 2020 Transcript, #5 Exhibit E - Mitchell Declaration).(Bliss, Dugan)
March 22, 2021 Opinion or Order Filing 78 ***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Dugan Bliss dated March 22, 2021 re: #67 LETTER MOTION to Compel Securities and Exchange Commission to Produce addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated March 15, 2021. . Document filed by Securities and Exchange Commission, Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit A - Filed Under Seal, #2 Exhibit B - Filed Under Seal, #3 Exhibit C - Filed Under Seal)Motion or Order to File Under Seal: #77 .(Bliss, Dugan)
March 22, 2021 Opinion or Order Filing 77 LETTER addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated March 22, 2021 re: Sealed Documents. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
March 22, 2021 Opinion or Order Filing 76 ORDER granting #74 Motion for John E. Deaton to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
March 22, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #74 MOTION for John E. Deaton to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 19, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Discovery Hearing held on 3/19/2021. (ras)
March 19, 2021 Opinion or Order Filing 75 LETTER addressed to Judge Analisa Torres from John E. Deaton dated March 19, 2021 re: Intention to file Motion to Intervene. Document filed by Jordan Deaton, James LaMonte, Mya LaMonte, Tyler LaMonte, Mitchell McKenna, Kristiana Warner..(Deaton, John)
March 19, 2021 Opinion or Order Filing 74 MOTION for John E. Deaton to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jordan Deaton, James LaMonte, Mya LaMonte, Tyler LaMonte, Mitchell McKenna, Kristiana Warner. (Attachments: #1 Affidavit Exhibit A: Affidavit of John E. Deaton, #2 Exhibit Ex. B: CT Certificate of Good Standing, #3 Exhibit Ex. C: Iowa Certificate of Good Standing, #4 Exhibit Ex. D: RI Certificate of Good Standing, #5 Exhibit Ex. E: MA Certificate of Good Standing, #6 Exhibit Ex. F USD Certificate of Good Standing, #7 Text of Proposed Order).(Deaton, John)
March 18, 2021 Opinion or Order Filing 73 ORDER re: #70 Letter filed by Ripple Labs Inc.. Accordingly, 1. Defendants Garlinghouse's and Larsen's requests for leave to file a motion to dismiss is GRANTED; 2. By April 12, 2021, Defendants Garlinghouse and Larsen shall file their motions to dismiss; 3. By May 14, 2021, Plaintiff shall file its opposition papers; and 4. By June 4, 2021, Defendants Garlinghouse and Larsen shall file their replies, if any. Separately, 5. Plaintiff's request for leave to file a motion to strike is GRANTED; 6. By April 22, 2021, Plaintiff shall file its motion to strike; 7. By May 13, 2021, Defendant Ripple Labs shall file its opposition; and 8. By May 27, 2021, Plaintiff shall file its reply, if any. SO ORDERED. ( Motions due by 4/22/2021., Responses due by 4/14/2021, Replies due by 6/4/2021.) (Signed by Judge Analisa Torres on 3/18/2021) (kv)
March 17, 2021 Opinion or Order Filing 72 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated March 17, 2021 re: #59 LETTER MOTION for Conference re: SEC's Requests for Production and Third-Party Subpoenas addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon & Martin Flumenbaum dated March 11, 2021. . Document filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Tenreiro, Jorge)
March 16, 2021 Opinion or Order Filing 71 ORDER granting #69 LETTER MOTION for Extension of Time to File Response/Reply as to #67 LETTER MOTION to Compel Securities and Exchange Commission to Produce. GRANTED. The S.E.C. shall file its reply to the Defendants' combined motion to quash no later than March 22, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
March 16, 2021 Opinion or Order Filing 70 LETTER addressed to Judge Analisa Torres from Andrew J. Ceresney dated March 16, 2021 re: Response to SEC Letter re Motion to Strike [dkt. no. 54]. Document filed by Ripple Labs Inc...(Ceresney, Andrew)
March 15, 2021 Opinion or Order Filing 69 LETTER MOTION for Extension of Time to File Response/Reply as to #67 LETTER MOTION to Compel Securities and Exchange Commission to Produce addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated March 15, 2021. addressed to Magistrate Judge Sarah Netburn from Jorge G. Tenreiro dated March 15, 2021. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
March 15, 2021 Opinion or Order Filing 68 ORDER denying without prejudice to renewal by formal motion #65 Motion to Intervene. DENIED without prejudice to renewal in a motion that complies with Rule III(A) of the Court's Individual Practices in Civil Cases. SO ORDERED. (Signed by Judge Analisa Torres on 3/15/2021) (kv)
March 15, 2021 Opinion or Order Filing 67 LETTER MOTION to Compel Securities and Exchange Commission to Produce addressed to Magistrate Judge Sarah Netburn from Michael K. Kellogg dated March 15, 2021. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I).(Kellogg, Michael)
March 15, 2021 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #64 MOTION for John E. Deaton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24247842. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT OF CONNECTICUT, SUPREME COURT OF IOWA, SUPREME COURT OF RHODE ISLAND, SUPREME COURT OF MASSACHUSETTS, AND SUPREME COURT OF RHODE ISLAND;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (vba)
March 14, 2021 Opinion or Order Filing 66 LETTER addressed to Judge Analisa Torres from John E. Deaton dated March 14, 2021 re: Explanation of Recent Motions. Document filed by Jordan Deaton, James LaMonte, Mya LaMonte, Tyler LaMonte, Mitchell McKenna, Kristiana Warner..(Deaton, John)
March 14, 2021 Opinion or Order Filing 65 MOTION to Intervene . Document filed by Jordan Deaton, James LaMonte, Mya LaMonte, Tyler LaMonte, Mitchell McKenna, Kristiana Warner. (Attachments: #1 Memorandum of Law in Support of Motion to Intervene).(Deaton, John)
March 14, 2021 Opinion or Order Filing 64 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for John E. Deaton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24247842. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jordan Deaton, James LaMonte, Mya LaMonte, Tyler LaMonte, Mitchell McKenna, Kristiana Warner. (Attachments: #1 Affidavit Affidavit of John E. Deaton in support of Pro Hac Vice Admission, #2 Text of Proposed Order Proposed Pro Hac Vice Order).(Deaton, John) Modified on 3/15/2021 (vba).
March 12, 2021 Opinion or Order Filing 63 LETTER addressed to Judge Analisa Torres from Jorge G. Tenreiro dated March 12, 2021 re: Briefing Schedule for Motions to Dismiss. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
March 12, 2021 Opinion or Order Filing 62 ORDER granting #61 Letter Motion for Leave to File Document. The Defendants may file a combined letter motion of 10 pages or fewer. The Plaintiff will be accorded an equal page limit to respond. In addition, the parties are notified that Joy Guo, counsel for Defendants, was one of my law clerks during the September 2016-September 2017 term, more than three years ago. The Court does not believe this relationship creates a conflict but will entertain any application to have this case reassigned. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
March 12, 2021 Opinion or Order Filing 61 LETTER MOTION for Leave to File Combined Letter Motion addressed to Magistrate Judge Sarah Netburn from Joy Guo dated March 12, 2021. Document filed by Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc...(Guo, Joy)
March 12, 2021 Opinion or Order Filing 60 ORDER granting #59 Letter Motion for Conference re: #59 LETTER MOTION for Conference. A telephonic discovery conference is scheduled for March 19, 2021, at 10:30 a.m. at which to discuss the Defendants' motion to quash. At that time the parties should dial into the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. The Plaintiff may file a reply to the Defendants' motion no later than March 18, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
March 12, 2021 Opinion or Order Set/Reset Hearings: Discovery Hearing set for 3/19/2021 at 10:30 AM before Magistrate Judge Sarah Netburn. (ras)
March 11, 2021 Opinion or Order Filing 59 LETTER MOTION for Conference re: SEC's Requests for Production and Third-Party Subpoenas addressed to Magistrate Judge Sarah Netburn from Matthew C. Solomon & Martin Flumenbaum dated March 11, 2021. Document filed by Bradley Garlinghouse. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J).(Solomon, Matthew)
March 11, 2021 Opinion or Order Filing 58 ORDER granting #57 Motion for Nowell D. Bamberger to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (if)
March 11, 2021 Opinion or Order Filing 57 MOTION for Nowell D. Bamberger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24236296. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bradley Garlinghouse. (Attachments: #1 Declaration in Support, #2 Certificate of Good Standing, Maryland, #3 Certificate of Good Standing, DC, #4 Proposed Order).(Bamberger, Nowell)
March 11, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #57 MOTION for Nowell D. Bamberger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24236296. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 10, 2021 Opinion or Order Filing 56 LETTER addressed to Judge Analisa Torres from Jorge G. Tenreiro dated 03/10/2021 re: Defendant Larsen's Pre-Motion Letter. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
March 10, 2021 Opinion or Order Filing 55 LETTER addressed to Judge Analisa Torres from Jorge G. Tenreiro dated 03/10/2021 re: Defendant Garlinghouse's Pre-Motion Letter. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
March 9, 2021 Opinion or Order Filing 54 LETTER addressed to Judge Analisa Torres from Securities and Exchange Commission dated March 9, 2021 re: Anticipated Motion to Strike. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
March 9, 2021 Opinion or Order Filing 53 STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 3/9/2021) (ras)
March 5, 2021 Opinion or Order Filing 52 PROPOSED STIPULATION AND ORDER. Document filed by Ripple Labs Inc...(Ceresney, Andrew)
March 4, 2021 Opinion or Order Filing 51 ANSWER to #46 Amended Complaint. Document filed by Ripple Labs Inc...(Ceresney, Andrew)
March 3, 2021 Opinion or Order Filing 50 LETTER addressed to Judge Analisa Torres from Martin Flumenbaum dated March 3, 2021 re: Pre-Motion Letter for Motion to Dismiss. Document filed by Christian A. Larsen..(Flumenbaum, Martin)
March 3, 2021 Opinion or Order Filing 49 LETTER addressed to Judge Analisa Torres from Matthew C. Solomon dated March 3, 2021 re: anticipated motion to dismiss. Document filed by Bradley Garlinghouse..(Solomon, Matthew)
February 22, 2021 Opinion or Order Filing 48 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a magistrate judge,including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is: two weeks. Individual Defendants request for 120 days of additional discovery after the Courts resolution of the prospective motion to dismiss is GRANTED. Individual Defendants shall participate in discovery as provided for in Paragraph 7, and shall not object to any discovery properly served on them on the basis that additional discovery may occur after any decision on their contemplated motions to dismiss. The parties are directed to file a joint status report not later than one week in advance of the Case Management Conference. The parties should indicate whether they anticipate filing motion(s) for summary judgment and whether they believe the case should be referred to a Magistrate Judge for settlement discussions. The parties are reminded that, pursuant to paragraph 8, a pre-motion conference request for any motion for summary judgment must be made within fourteen (14) days of the close of fact discovery. Deposition due by 7/2/2021. Fact Discovery due by 7/2/2021. Expert Discovery due by 8/16/2021. (Signed by Judge Analisa Torres on 2/22/2021) (kv)
February 22, 2021 Opinion or Order Filing 47 ORDER. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah Netburn. SO ORDERED. (Signed by Judge Analisa Torres on 2/22/2021) (ks)
February 22, 2021 Opinion or Order Minute Entry for proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 2/22/2021. (if)
February 18, 2021 Opinion or Order Filing 46 FIRST AMENDED COMPLAINT amending #4 Complaint against Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc. with JURY DEMAND.Document filed by Securities and Exchange Commission. Related document: #4 Complaint..(Best, Richard)
February 15, 2021 Opinion or Order Filing 45 JOINT LETTER addressed to Judge Analisa Torres from Parties dated 2/15/21 re: Proposed Discovery Schedule. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
February 15, 2021 Opinion or Order Filing 44 PROPOSED SCHEDULING ORDER. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
January 29, 2021 Opinion or Order Filing 43 ANSWER to #4 Complaint. Document filed by Ripple Labs Inc...(Ceresney, Andrew)
January 29, 2021 Opinion or Order Filing 42 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ripple Labs Inc...(Ceresney, Andrew)
January 21, 2021 Opinion or Order Filing 41 ORDER granting #40 Motion for Meredith R. Dearborn to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order)(if)
January 15, 2021 Opinion or Order Filing 40 MOTION for Meredith R. Dearborn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23532786. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christian A. Larsen. (Attachments: #1 Declaration of Meredith R. Dearborn, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Dearborn, Meredith)
January 15, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #40 MOTION for Meredith R. Dearborn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23532786. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
January 13, 2021 Opinion or Order Filing 39 ORDER granting #25 Motion for Matthew C. Solomon to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order)(if)
January 13, 2021 Opinion or Order Filing 38 ORDER granting #24 Motion for Bradley E Oppenheimer to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order(if)
January 13, 2021 Opinion or Order Filing 37 ORDER granting #23 Motion for Collin R White to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order)(if)
January 13, 2021 Opinion or Order Filing 36 ORDER granting #22 Motion for Eliana Margo Pfeffer to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order)(if)
January 13, 2021 Opinion or Order Filing 35 ORDER granting #21 Motion for Gregory G Rapawy to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order)(if)
January 13, 2021 Opinion or Order Filing 34 ORDER granting #20 Motion for Lillian V. Smith to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order)(if)
January 13, 2021 Opinion or Order Filing 33 ORDER granting #18 Motion for Michael K. Kellogg to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order)(if)
January 11, 2021 Opinion or Order Filing 32 NOTICE OF APPEARANCE by Justin David Ward on behalf of Christian A. Larsen..(Ward, Justin)
January 11, 2021 Opinion or Order Filing 31 NOTICE OF APPEARANCE by Kristina Anne Bunting on behalf of Christian A. Larsen..(Bunting, Kristina)
January 11, 2021 Opinion or Order Filing 30 NOTICE OF APPEARANCE by Michael E. Gertzman on behalf of Christian A. Larsen..(Gertzman, Michael)
January 11, 2021 Opinion or Order Filing 29 NOTICE OF APPEARANCE by Martin Flumenbaum on behalf of Christian A. Larsen..(Flumenbaum, Martin)
January 11, 2021 Opinion or Order Filing 28 NOTICE OF APPEARANCE by Samuel Loewenson Levander on behalf of Bradley Garlinghouse..(Levander, Samuel)
January 11, 2021 Opinion or Order Filing 27 NOTICE OF APPEARANCE by Lucas Dehaan Hakkenberg on behalf of Bradley Garlinghouse..(Hakkenberg, Lucas)
January 11, 2021 Opinion or Order Filing 26 NOTICE OF APPEARANCE by Alexander Javad Janghorbani on behalf of Bradley Garlinghouse..(Janghorbani, Alexander)
January 11, 2021 Opinion or Order Filing 25 MOTION for Matthew C. Solomon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23450851. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bradley Garlinghouse. (Attachments: #1 Declaration, #2 NY Certificate of Good Standing, #3 DC Certificate of Good Standing, #4 Text of Proposed Order).(Solomon, Matthew)
January 11, 2021 Opinion or Order Filing 24 MOTION for Bradley E Oppenheimer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23446785. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ripple Labs Inc.. (Attachments: #1 Affidavit Bradley E Oppenheimer Affidavit, #2 Exhibit Bradley E Oppenheimer DC Bar Certificate of Good Standing, #3 Exhibit Bradley E Oppenheimer MD Bar Certificate of Good Standing, #4 Exhibit Bradley E Oppenheimer MA Bar Certificate of Good Standing, #5 Text of Proposed Order Bradley E Oppenheimer Proposed PHV Order).(Oppenheimer, Bradley)
January 11, 2021 Opinion or Order Filing 23 MOTION for Collin R White to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23446169. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ripple Labs Inc.. (Attachments: #1 Affidavit Collin R White Affidavit, #2 Exhibit Collin R White DC Bar Certificate of Good Standing, #3 Exhibit Collin R White NY Bar Certificate of Good Standing, #4 Text of Proposed Order Collin R White Proposed PHV Order).(White, Collin)
January 11, 2021 Opinion or Order Filing 22 MOTION for Eliana Margo Pfeffer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23445880. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ripple Labs Inc.. (Attachments: #1 Affidavit Eliana Margo Pfeffer Affidavit, #2 Exhibit Eliana Margo Pfeffer NY Bar Certificate of Good Standing, #3 Text of Proposed Order Eliana Margo Pfeffer Proposed PHV Order).(Pfeffer, Eliana)
January 11, 2021 Opinion or Order Filing 21 MOTION for Gregory G Rapawy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-23445611. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ripple Labs Inc.. (Attachments: #1 Affidavit Gregory G Rapawy Affidavit, #2 Exhibit Gregory G Rapawy DC Bar Certificate of Good Standing, #3 Exhibit Gregory G Rapawy MA Bar Certificate of Good Standing, #4 Text of Proposed Order Gregory G Rapawy Proposed PHV Order).(Rapawy, Gregory)
January 11, 2021 Opinion or Order Filing 20 MOTION for Lillian V. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23445197. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ripple Labs Inc.. (Attachments: #1 Affidavit Lillian Smith Affidavit, #2 Exhibit Lillian Smith DC Certificate of Good Standing, #3 Exhibit Lillian Smith NY Certificate of Good Standing, #4 Text of Proposed Order Lillian Smith Proposed Order).(Smith, Lillian)
January 11, 2021 Opinion or Order Filing 19 WAIVER OF SERVICE RETURNED EXECUTED. Christian A. Larsen waiver sent on 1/4/2021, answer due 3/5/2021. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
January 11, 2021 Opinion or Order Filing 18 MOTION for Michael K. Kellogg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23444062. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ripple Labs Inc.. (Attachments: #1 Affidavit MKK Affidavit, #2 Exhibit MKK Certificate of Good Standing, #3 Text of Proposed Order MKK PHV Proposed Order).(Kellogg, Michael)
January 11, 2021 Opinion or Order Filing 17 NOTICE OF APPEARANCE by Joy Guo on behalf of Ripple Labs Inc...(Guo, Joy)
January 11, 2021 Opinion or Order Filing 16 NOTICE OF APPEARANCE by Christopher Sean Ford on behalf of Ripple Labs Inc...(Ford, Christopher)
January 11, 2021 Opinion or Order Filing 15 NOTICE OF APPEARANCE by Andrew J. Ceresney on behalf of Ripple Labs Inc...(Ceresney, Andrew)
January 11, 2021 Opinion or Order Filing 14 NOTICE OF APPEARANCE by Andrew Edward Goldsmith on behalf of Ripple Labs Inc...(Goldsmith, Andrew)
January 11, 2021 Opinion or Order Filing 13 NOTICE OF APPEARANCE by Lisa R. Zornberg on behalf of Ripple Labs Inc...(Zornberg, Lisa)
January 11, 2021 Opinion or Order Filing 12 NOTICE OF APPEARANCE by Mary Jo White on behalf of Ripple Labs Inc...(White, Mary Jo)
January 11, 2021 Opinion or Order Filing 11 NOTICE OF APPEARANCE by Reid Mason Figel on behalf of Ripple Labs Inc...(Figel, Reid)
January 11, 2021 Opinion or Order Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. Bradley Garlinghouse waiver sent on 1/4/2021, answer due 3/5/2021. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
January 11, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Michael K. Kellogg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23444062. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
January 11, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Lillian V. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23445197. Motion and supporting papers to be reviewed by Clerk's Office staff., #22 MOTION for Eliana Margo Pfeffer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23445880. Motion and supporting papers to be reviewed by Clerk's Office staff., #21 MOTION for Gregory G Rapawy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-23445611. Motion and supporting papers to be reviewed by Clerk's Office staff., #23 MOTION for Collin R White to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23446169. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
January 11, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Bradley E Oppenheimer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23446785. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
January 11, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Matthew C. Solomon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23450851. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
January 8, 2021 Opinion or Order Filing 9 WAIVER OF SERVICE RETURNED EXECUTED. Ripple Labs Inc. waiver sent on 1/4/2021, answer due 3/5/2021. Document filed by Securities and Exchange Commission..(Tenreiro, Jorge)
December 29, 2020 Opinion or Order Filing 8 ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 12/29/2020) (kv)
December 29, 2020 Opinion or Order Filing 7 INITIAL PRETRIAL CONFERENCE ORDER: Counsel for all parties are directed to appear for an initial pretrial conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, at 10:00 a.m. on February 22, 2021, to be held telephonically. The parties are directed to dial 888-398-2342 or 215-861-0674, and enter access code 5598827. Principal trial counsel must appear at this and all subsequent conferences. Initial Conference set for 2/22/2021 at 10:00 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 12/29/2020) (kv)
December 29, 2020 Opinion or Order Filing 6 ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 12/29/2020) (kv)
December 23, 2020 Opinion or Order Filing 5 NOTICE OF APPEARANCE by Dugan William Edward Bliss on behalf of Securities and Exchange Commission..(Bliss, Dugan)
December 23, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Richard R. Best. The party information for the following party/parties has been modified: Securities and Exchange Commission, Bradley Garlinghouse, Ripple Labs Inc., Christian A. Larsen. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc)
December 23, 2020 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
December 23, 2020 Opinion or Order Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
December 23, 2020 Opinion or Order Case Designated ECF. (pc)
December 22, 2020 Opinion or Order Filing 4 FILING ERROR DEFICIENT PLEADING -DUPLICATE DOCKET ENTRY -COMPLAINT against Bradley Garlinghouse, Christian A. Larsen, Ripple Labs Inc.. Document filed by Securities and Exchange Commission..(Best, Richard) Modified on 12/23/2020 (pc).
December 22, 2020 Opinion or Order Filing 3 NOTICE OF APPEARANCE by Jorge Gerardo Tenreiro on behalf of Securities and Exchange Commission..(Tenreiro, Jorge)
December 22, 2020 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Best, Richard)
December 22, 2020 Opinion or Order Filing 1 COMPLAINT against Bradley Garlinghouse, Ripple Labs Inc., Christian A. Larsen. Document filed by Securities and Exchange Commission..(Best, Richard)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Securities and Exchange Commission v. Ripple Labs Inc. et al.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Ripple Labs Inc.
Represented By: Christopher Sean Ford
Represented By: Gregory G. Rapawy
Represented By: Andrew J. Ceresney
Represented By: Mary Jo White
Represented By: Joy Guo
Represented By: Lisa R. Zornberg
Represented By: Collin White
Represented By: Andrew Edward Goldsmith
Represented By: Michael K. Kellogg
Represented By: Eliana M. Pfeffer
Represented By: Lillian Virginia Smith
Represented By: Reid Mason Figel
Represented By: Bradley E Oppenheimer
Represented By: Anna Gressel
Represented By: Erol Nazim Gulay
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Bradley Garlinghouse
Represented By: Lucas Dehaan Hakkenberg
Represented By: Matthew Solomon
Represented By: Samuel Loewenson Levander
Represented By: Alexander Javad Janghorbani
Represented By: Michael K. Kellogg
Represented By: Nicole Tatz
Represented By: Nowell D. Bamberger
Represented By: Lisa R. Zornberg
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Christian A. Larsen
Represented By: Meredith Richardson Dearborn
Represented By: Michael E. Gertzman
Represented By: Martin Flumenbaum
Represented By: Justin David Ward
Represented By: Kristina Anne Bunting
Represented By: Michael K. Kellogg
Represented By: Robin Linsenmayer
Represented By: Sarah J Prostko
Represented By: Lisa R. Zornberg
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Securities and Exchange Commission
Represented By: Richard R. Best
Represented By: Jorge Gerardo Tenreiro
Represented By: Dugan William Edward Bliss
Represented By: Benjamin Hanauer
Represented By: Daphna Abrams Waxman
Represented By: Ladan Fazlollahi Stewart
Represented By: Mark Raymond Sylvester
Represented By: Pascale Guerrier
Represented By: Robert Macdonald Moye
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: Investor A
Represented By: Eva Ciko Carman
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Amicus curiae: Chamber of Digital Commerce
Represented By: Lilya Tessler
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Intervenor: Jordan Deaton
Represented By: John Deaton
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Intervenor: James LaMonte
Represented By: John Deaton
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Intervenor: Mya LaMonte
Represented By: John Deaton
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Intervenor: Tyler LaMonte
Represented By: John Deaton
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Intervenor: Mitchell McKenna
Represented By: John Deaton
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Intervenor: Kristiana Warner
Represented By: John Deaton
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?