Two pro-XRP lawyers have suggested that Ripple will likely be unsuccessful in its attempt to strike the testimony provided by Andrea Fox, an accountant with the SEC’s Enforcement Division. Bill Morgan and Jeremy Hogan made these comments in response to Ripple’s reply brief to the SEC’s opposition to the motion to strike.
The motion to strike Fox’s declaration is the main point of contention. Ripple argues that Fox is an expert witness, while the SEC argues that she is a summary witness. The SEC included Fox’s declaration in its opening brief in March to strengthen its case for an injunction and punitive penalty.
In its reply brief, Ripple maintains that Fox is an expert witness and argues that the SEC failed to refute its argument that required the agency to submit her report during the discovery phase. Ripple also claims that even if Fox is a summary witness, the SEC should have revealed her identity before the end of the remedies-related discovery as per the parties’ agreement and court scheduling order. Furthermore, Ripple states that the SEC did not address the legal precedents it raised in support of its motion to strike.
Seasoned defense lawyer James K. Filan shared Ripple’s reply brief on X and legal experts have predicted that Ripple will lose the case. Attorney Morgan suggests that while Ripple may lose the motion, the judge might recognize that Fox provided some expert evidence in her report, allowing Ripple to depose her. Similarly, Attorney Hogan speculates that the SEC will likely win the motion to strike and if the court deems Fox to be an expert, her declaration will not be struck but Ripple will be allowed to depose her.
The court’s decision on the motion is expected soon, and the outcome remains uncertain. In the meantime, the crypto community is eagerly awaiting the SEC’s reply to Ripple’s opposition to its opening remedies brief, which is due on May 6. The court will then issue its decision on remedies.
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