Thread by @FilanLaw

#XRPCommunity #SECGov v. #Ripple #XRP 1/ I have a few thoughts on the scheduling order. A couple of weeks ago I said that I thought briefing would start in July and end in November. That’s where Judge Torres ended up, but only because that was the schedule that worked best for

2/ the Court. Separate schedules were set for the motions challenging experts and for the Summary Judgment motions. That is important because of the “6 Month Rule,” which incents Judges to decide motions within 6 months after they are filed (the clock on the rule actually starts

3/ ticking 30 days after the motion is filed so the Judges get a 30 day grace period). The “6 month lists” are published twice a year, on March 31st and September 30th, and only list motions pending longer than six months that are still pending on those dates.

4/ There is no real consequence for a Judge’s name to appear on the "6 month list," but Judges generally want to avoid the public shaming and Judge Torres has not, based on my research going back to September 30, 2013, ever been on the 6 month list.

5/ The opening expert motion briefs will be filed on July 12, 2022, so we can expect decisions on those on or before the "6 month list" is published on March 31, 2023. The Summary Judgment motions will be filed on September 13, 2022, so those slide past the March 31, 2023

6/ “6 month list” (allowing for the built in 30 day grace period). But my prediction is that Judge Torres will decide both the expert motions and the Summary Judgment motions at the same time - on or before March 31, 2023.

7/ That is what she did in the Goldman Sachs case I discussed last week. This is guess work, but predictions that the case will be decided before the end of the year are, respectfully, in my opinion, off the mark. I just don’t see the Judge deciding all these motions in 45 days

8/ after the last briefs are filed on November 15, 2022, especially with the holidays sandwiched in between. While everyone wants things to move faster, it's better for the court to get it right than get it done fast, and the right outcome is worth waiting a few more months for.

9/ Ripple’s lawyers have consistently shown that they know what they are doing, so I would sit back, be patient, and watch them work their craft now.