The court wants to analyze whether the proposed redactions are protected by the DPP before taking a decision.Ā
Judge Sarah Netburn has mandated the securities regulators to submit the proposed redactions of the sets of handwritten notes for in-camera review no later than April 8, 2022.Ā
āThe court has reviewed the SECās letter requesting leave to redact portions of four sets of handwritten notes by SEC staff. The SEC is ORDERED to submit its proposed redactions for in-camera review by April 8, 2022,ā the court order read.Ā
#XRPCommunity #SECGov v #Ripple #XRP Magistrate Judge Netburn has ordered the SEC to submit its proposed redactions to the Court for in camera review no later than April 8, 2022. pic.twitter.com/Zhg0Sq1m1K
— James K. Filan ???? (@FilanLaw) April 5, 2022
The courtās order came after Ripple and Individual Defendants Brad Garlinghouse and Chris Larsen noted in their response that they are relying on the courtās review to determine whether the proposed redaction is protected by the Deliberative Protective Privilege (DPP).Ā
Recall that the SEC, in a motion last month, proposed its intention to redact some handwritten notes from meeting minutes between the agency and other third parties.Ā
Ripple Responds to the SECās Request
According to the Securities and Exchange Commission, the proposed redaction of some of the portions of the meeting minutes reflects the personal opinion of its staff during meetings with third parties.Ā
The move, which did not sit well with Ripple at the time, prompted the famous blockchain company to analyze the situation before filing a response yesterday.Ā
While Ripple enthusiasts expected the company to reject the redaction proposal, the company noted that it will not currently challenge the SECās motion because it does not have access to the proposed redactions.Ā
However, Ripple said it would be relying on the SECās representation and the court ruling to determine whether the āproposed redact portions reflect the authorās own thinking deliberations or communications among SEC staff during the meeting.āĀ
Upcoming Court Ruling
If after the courtās review and it believes portions of the documents reflect the personal opinion of the staff, then the court will permit the SEC to carry on with the redaction, else the agencyās request will be declined.Ā
While the world still awaits the SEC’s decision to tender the proposed redactions for an in-camera review, the decision for the motion of reconsideration and the motion to compel the submission of the Estabrookās notes are still pending.Ā
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