On April 22, Ripple filed a Motion to Strike expert testimony and accompanying exhibits from the SEC’s remedy-related opening brief.
Ripple filed a motion to strike testimony from SEC Enforcement Division Accountant Andrea Fox.
The SEC included testimony and exhibits from Andrea Fox (the Fox Declaration) in its March opening brief filing, arguing for a punitive penalty and an injunction. Ripple argued that Andrea Fox was an expert witness and that the SEC failed to provide her identity and testimony during remedies-related discovery.
The SEC disputed the Motion to Dismiss, stating that Andrea Fox was a summary witness. Significantly, the SEC does not need to provide summary witness testimony during discovery because summary witnesses summarize existing evidence.
In the reply brief, Ripple argued that Fox did not summarize Ripple’s financial statements. Ripple also stated that if Fox was a summary witness, the SEC still needed to disclose her during discovery and have the opportunity to depose her. In the reply brief, Ripple pointed out that the SEC did not address the cases Ripple cited in its Motion to Strike.
The courts could rule on the Motion to Strike at any time. Nevertheless, the SEC must file its remedy-related reply brief by May 6. The remedy-related reply brief will contest Ripple’s opposition to the SEC’s opening brief arguing for punitive penalty and injunction.
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