x
Black Bar Banner 1
x

NEW: About Me Look — turn on a full-width dark About Me from your profile Configuration (Profile Page Upgrade). The Academy, profile feeds and Media Feed now read like the News Feed. See Subscriptions »

New: AI Blog Autopilot — free for the next 30 days. Switch it on by November 15th »

NEW: Smart Mail is live — free for every member. Send broadcasts, build lists and run autoresponders. Open Smart Mail »

New training: The Campaign Map. Watch it now »

A+ A−
Ads by Markethive - View All
The Blog Feed
The Blog Feed
» Blog Feed
Write a New Blog Post
Search Blog Status
Most Viewed
Most Recent
Most Shared
Alphabetical
Markethive Blog (default)
My Blog Posts
Friends' Blogs
Blog Categories
All
Advertising
Blockchain & Cryptocurrency
Business Development
Diet & Weight Loss
Environmental
Health and Wellness
History and Culture
Home and Garden
Marketing
Mentoring & Training
Money & Finance
Other
Political
Prayer & Religion
Programming & Technical
Real Estate
Search Engine Optimization
Social Media
Spirituality
Sports & Recreation
Transport
Travel & Events
Website Design
Blogging Tools & Assets
My Blog Info
Members Subscribed to You
Blogs You Are Subscribed To
Website Widget
Wordpress Plugin
Subscribe for Greater Services
Subscribe to one of many subscriptions, each one includes the previous ones.. Unlock powerful tools, advance features, to build a powerful reach.

XRP Lawsuit: SEC marks Ripple response as “misleading” in the RFAs dispute

Posted by johnnorman on October 14, 2021 - 9:51am


XRP Lawsuit: SEC marks Ripple response as “misleading” in the RFAs dispute

 

Further developments in the long  running XT Versus the SEC saga. Publish today in Coingape.com  and written by  Palak Malhotra it has a certain tit-for-tat air about it.

After losing its extensively stretched “privileged documents” argument, the SEC has now switched to three new words – “burdensome”, “irrelevant”, and “duplicative” to tackle every argument thrown at them. The latest update in the XRP lawsuit saw the plaintiff file an opposition against the defendant’s response to SEC’s protective order request in the RFAs dispute. The commission argued that Defendant’s Requests For Admission (“RFAs”) is “misleading in several respects”, reinstating its “burdensome” stance.

SEC repeats the “burdensome” argument yet again

The SEC cited the 1970 Advisory Committee’s amendments to Rule 36, noting that the court should enter an appropriate protective order when a party is served with “voluminous” RFAs that are “unduly burdensome.”

The plaintiff further contended its argument by asserting that a litigant should not serve RFAs “to cover all issues of a complex case”, according to the Rule. The SEC stated that regardless of the case’s complex, significant, or well-publicized nature, the defendants are not permitted to burden the plaintiff with a crushing number of RFAs. The commission further categorized the RFAs as “abusive, unreasonable, and oppressive.”

 

“None of the cases Defendants cite support the proposition that a court may deny a protective order simply because a case is complex, fact intensive, involves an important policy issue, or has generated significant public interest. Their cases are merely ones where a court found that the burden of responding to RFAs was reasonable under the circumstances.”

 

SEC “irrelevant” & “duplicative” RFAs stance

The SEC objected defendant’s claim about the RFAs’ essential and uncontested nature, levying them as disingenuous. The plaintiff argued that the RFAs will raise “irrelevance objections” as the facts they seek to establish will not establish any viable defenses on which a judgment for Defendants could be based. The SEC noted that the RFAs are not only irrelevant, they are also disputed, and objectionable, and therefore are unlikely to result in useful admissions.

Lastly, the SEC asserted that the defendants’ RFAs are “cumulative and duplicative” as Ripple recently served the SEC with expert reports that address the same issues as their Fifth and Sixth Set of RFAs. The plaintiff has argued this stance under Rule 26 (b)(2), which allows protective order if RFAs are unreasonably cumulative and duplicative of another form of admissible evidence.

 

Article Link

Bill Rippel The SEC sure is trying to drag Ripple ( XRP ) through the coals. Lets hope this is resolved soon. Thanks for sharing, John.
October 14, 2021 at 1:21pm