In fresh updates shared by Defense lawyer, James K. Filan, Magistrate Judge Netburn has ordered the SEC to submit its proposed redactions to the Court for in-camera review no later than April 8, 2022.
The defense lawyer also highlights the court decisions being awaited presently by Ripple ”We’re waiting for decisions on the motion for reconsideration, the motion to strike the supplemental expert report, the motion to compel turn over the Estabrook notes, and now the redactions”.
He further explained ”The SEC is arguing that the motion to strike the supplemental export report is for Judge Torres to decide, but it was addressed to Magistrate Judge Netburn. Everything right now technically is before Magistrate Judge Netburn”.
Earlier in the day, Ripple and the individual defendants, Brad Garlinghouse and Chris Larsen filed a response to the SEC’s request for leave to redact portions of handwritten notes by SEC staff.
Ripple admitted that it relies on the SEC’s representations and the Court’s review to determine whether the redacted portions “expressly reflect the authors’ own thinking or reflect deliberations or communications among SEC staff during the meeting.”
Ripple argued that, because only the Court and the SEC have seen the unredacted documents, the defendants must defer to the Court to decide whether the redacted portions are in fact protected by the DPP.
In a letter filed in response, Ripple states “Provided that they do, and based on the information currently available to them, Defendants do not presently challenge the SEC’s redactions, however, they reserve all rights with respect to these documents, including as to whether any redactions are appropriate given the lack of any specifically-identified deliberative process to which they related”.
On March 23, the SEC requested the court to redact portions of the handwritten notes taken by SEC staff who attended certain meetings between the SEC and third parties, arguing these portions are protected by the deliberative process privilege (“DPP”).
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