Judge Sarah Netburn Approves Ripple’s Request to Obtain Seven Video Recordings of SEC’s Officials Public Remarks

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Ripple has been given the green light to serve subpoenas to two non-parties in the ongoing lawsuit.  

Judge Sarah Netburn has granted Ripple’s request to serve subpoenas to two video sharing platforms to authenticate seven videos of SEC officials’ public remarks. 

According to James K. Filan, the blockchain company got the approval in a text-only order, which reads: 

“Order granting 583 letter motion for leave to serve two non-party subpoenas. (Hereby ordered by magistrate Judge Sarah Netburn),” the order reads. 


Ripple and SEC at Loggerhead Over the Issue

The order came less than two weeks after Ripple requested to serve subpoenas to two non-party in a bid to authenticate seven videos of SEC officials’ remarks. 

Ripple has sought to obtain the video recordings from the video-sharing platforms. However, the platforms requested that Ripple should serve the subpoenas first before it would be allowed to download the media content. 

At the time, the SEC refused to consent to the move. The Securities and Exchange Commission noted that it would consent to Ripple’s request only if the blockchain company agrees to reopen fact discovery. 

Per Ripple, the commission planned on serving: “its own set of subpoenas to obtain copies of unspecified video recordings in support of its claims and only if defendants further agree to waive any authenticity and procedural objections to the unknown SEC videos.” 

However, Ripple noted that the subpoenas it intends to serve on the video sharing platform were not a plot to reopen fact discovery. Ripple said the subpoenas relate to the Requests for Admission (RFA) it served before the end of fact discovery on August 31, 2021. 

Responding to Ripple, the SEC noted in a one-line statement that it does not take any position “on Defendants’ motion to reopen fact discovery to serve non-party subpoenas for the purpose of obtaining video recordings for authentication.” 

The SEC still maintained that Ripple’s request to serve subpoenas to both parties is a move to reopen fact discovery. 


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