With Daubert motion just being ruled on by the New York District-Court Judge Analisa Torres, the decision on parties’ summary judgement may come anytime.
The Daubert Motion
Hours ago NY District-Court Judge ruled on the daubert motion. The ruling is seen as a major victory for Ripple. The most significant part of the decision is where the Court not only denied SEC’s request to exclude John E. Deaton’s expert testimony from the summary judgement, but it also excluded Patrick Doody’s expert testimony from summary judgement, as asked for by Ripple.
— James K. Filan 🇺🇸🇮🇪 (@FilanLaw) March 6, 2023
Actually, the SEC had previously asked the court to revoke Deaton’s ‘Amici Curiae’ status in the lawsuit after he disclosed SEC’s expert witness’ name and requested to file a brief challenging so-called XRP-holders expert’s testimony. With regards to the development Fox Business’s Eleanor Terrett stated:
“It’s worth noting that the SEC lawyers tried to get Judge Torres to ban John E. Deaton from participating in the case partly because he disclosed the name of their expert witness.”
The Summary Judgement May be Ruled Upon at Anytime
Now after this major court ruling, the court’s decision on summary judgement motions is expected to come in a day or two, if not in hours. Deaton stated that from this point he does not see any delay happening and the decision may be issued by the Judge tonight or in a week’s time.
I seriously doubt that we see a significant delay from here. Could be tonight or in a couple weeks.
— John E Deaton (@JohnEDeaton1) March 7, 2023
Significantly, it has previously been stipulated by the former federal prosecutor James K. Filan that the Judge Analisa Torres, as her history of decisions suggests, may decide all the motions concerning lawsuit together.
Further, another community member Rispoli commented on Court’s decision on Daubert motion as he stated none of the parties, neither SEC nor Ripple got completely what they wanted.
57 page order from J. Torres on SEC and Ripple's motions re: expert testimony from @FilanLaw incoming!
This is not the SJ ruling, but this means the SJ ruling is very, very close.
— Fred Rispoli (@freddyriz) March 6, 2023
Rispoli also reiterates his opinion that while the court may rule that Ripple’s initial XRP selling were of securities, the secondary sale of the token was, however, excluded. Proving that the XRP token itself is not a security.
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