Can John Deton file a response...

[Ctrl-Z]

Is John Deton allowed to file a response to the SEC's request to extend discovery? 

[Alluvial]

No.  The xrp holders which are represented by Deaton are limited to what they can file.  My understanding is that it will be limited to legal briefs which will involve legal adjudication of the claims - most likely at the summary judgment phase of the case.  

My original response is above.  I should have said he could file a response if the court allows it, but my guess is that the court will not allow it.  From my understanding of the motion to extend the deadline, it's not a legal issue.  Honestly, I don't think the court will be happy to see this motion as it seems far outside the scope of what the court permitted Deaton to address.  Deaton's request to file a response begins and ends with something to the effect of "I hope this doesn't upset the court too much with what I have requested."  In my opinion, there may have been a time to play this card (relating to some other motion), but this wasn't it.  But he is deeper into this than someone like me who is following it from a distance.  We will see. 

Edited October 20, 2021 by Alluvial

[Julian_Williams]

Deaton has sent a letter on behalf of XR{P holders requesting the extension is denied

 

https://www.crypto-law.us/wp-content/uploads/2021/10/Deaton-Req-to-J-Torres-Extension-10192021-Copy.pdf

 

[NightJanitor]

Didnt know if he'd do it or not, but it's good to get clearly on the record that the reason SEC used to freeze out the public from the case is the same reason they're using to now stall.  They really do like to have it both ways.  That's the problem.

Glad he pointed it out;  someone's got to cut this knot, because the SEC just tugs on whichever end of the rope is handy.

I mean, I like casuistry, too, but, uh, c'mon, man...  the stakes are a bit high for this kind of gamesmanship from the SEC...

It's our asse(t)s attached to the middle of the rope these morons keep tugging back and forth on, so, a little relief'd be nice.

Edited October 20, 2021 by NightJanitor

[RobertHarpool]

His closing bordered somewhere between humble and obsequious, but better to error on the side of caution.  

I don't know if the letter was proper or not, but I'm really glad he wrote it. 

Fact is, be it proper or not, the letter validates to the judge that XRPHolder's are bona fide participants whose best interests have not/are not being represented by the SEC like they should be.  

 

 

[BillyOckham]

4 minutes ago, RobertHarpool said:

His closing bordered somewhere between humble and obsequious, but better to error on the side of caution.  

I don't know if the letter was proper or not, but I'm really glad he wrote it. 

Fact is, be it proper or not, the letter validates to the judge that XRPHolder's are bona fide participants whose best interests have not/are not being represented by the SEC like they should be.  

 

 

Well said sir.  I 100% agree with everything you said.

 

[Julian_Williams]

The situation is so unique there are really no rules to fit this case.  No one is representing XRP holders who have become collateral damage.

We are very lucky in John.  He is a lawyer who learns his brief and keeps his arguments simple and focused.  Few lawyers are like this.  He does not ramble or try to show off.

This is turning into a major class action that could be brought to Court after the Ripple case is settled.  I wonder if SEC are sweating.   If they give Ripple a free pass like ETH they will be admitting that their case always had few foundations, and that helps John Deaton, but if they continue to the end they are likely to lose big time, and then there is the question of corruption and how close Gensler has been to that corruption. 

I wonder is SEC are worried.

[princesultan]

Deaton is a hero

[RipMcGillicuddy]

Any contribution by Deaton that gets in front of the judge is valuable because it raises the question: who are the SEC protecting here?

When you combine that with the growing presence in the media raising the same question, then I think the SEC should be worried...but are they? Probably not. The one thing these people are experts in is avoiding accountability. 

[brianwalden]

58 minutes ago, RipMcGillicuddy said:

Any contribution by Deaton that gets in front of the judge is valuable because it raises the question: who are the SEC protecting here?

When you combine that with the growing presence in the media raising the same question, then I think the SEC should be worried...but are they? Probably not. The one thing these people are experts in is avoiding accountability. 

It doesn't even need to make it to the judge. Realistically, Deaton isn't going to accomplish much legally in this case. But being involved in it gives him a microphone to reach the public, and that's what's important.

[NightJanitor]

1 hour ago, RipMcGillicuddy said:

The one thing these people are experts in is avoiding accountability. 

Yes... I can already see the chyron:  "Discovery for me, but not for thee!"

(It's a recurring theme in the overall domestic political situation, lately...) 

[Panopticon]

Denied unfortunately but I agree with Hogan's point!

 

[NightJanitor]

 

[JASCoder]

The two points that struck me: one, NOT connecting XRP holders to Ripple's own plight - which is actually a fact, but counter productive to winning Ripple case; two, reiterating to the judges the point that the SEC is HARMING American investors, treating us as disposable tools, incidental collateral damage to the SEC's malicious actions - sacrificing us solely as a pressure tactic against Ripple, using us as hapless pawns. 

[Alluvial]

IMO, this request by John Deaton to file a brief regarding discovery deadlines should not have been filed.  The court will look at this negatively, and it may, as a result, cause future briefings by Deaton as "friend of the court" to be given slightly less weight and seriousness.  I am not surprised at all that the court denied Deaton's request, and I can imagine there was some eye rolling when it was filed - by the court, its legal staff and counsel for both Ripple and the SEC.  I know our friend wants to get in there and represent us, and for that we are all very grateful.  But this was a somewhat ill-advised move.  And our friend Jeremy Hogan, who is close to John Deaton, is trying to be supportive; but my guess is he would not have filed this request.  But even so, and all things considered, it's not a really big deal.