Attorney Deaton asserted that Hinman’s deposition would only be unsealed if referenced in the summary judgment briefs.
The XRP community has been looking forward to reading everything related to Hinman’s documents, which are expected to be unsealed today, June 13, 2023. Aside from Hinman’s emails, XRP community members also expect his deposition in the SEC vs. Ripple case to be unsealed today.
Deaton Thinks Otherwise
However, CryptoLaw founder John Deaton highlighted a scenario where Hinman’s deposition would not be unsealed. According to Deaton, Hinman’s deposition will not be unsealed if it was not referenced or cited in any of the materials related to the summary judgment briefs.
“If Hinman’s deposition were not referenced or cited in any of the summary judgment briefs, it would not be unsealed tomorrow,” Deaton said in a tweet yesterday.
Deaton shared redacted versions of Hinman’s deposition excerpts in his previous tweet. Deaton noted that the excerpts were obtained from a motion filed by the SEC to quash “Hinman’s deposition.”
Since the documents are still sealed, Deaton said he could not tell whether Hinman’s deposition was attached and referenced as an exhibit to the summary judgment brief.
“If [Hinman’s deposition] was [referenced as an exhibit to the summary judgment brief], whatever was attached would be un-redacted,” Deaton added.
I need to make a correction or qualification. Its possible that the Hinman deposition isn’t unsealed without all the redactions. The Hinman deposition excerpts that are below were from an Exhibit to the Motion to Quash his deposition and not the summary judgment… https://t.co/NYTFE2NlVv
— John E Deaton (@JohnEDeaton1) June 13, 2023
For context, Hinman’s deposition relates to the sworn testimony of William Hinman, former director of SEC’s Corporation Finance division, in the SEC vs. Ripple case. The deposition took place on July 27, 2021.
It is worth noting that Hinman’s deposition was not a public hearing. Hence members of the public could not listen to it at the time. However, redacted versions of Hinman’s deposition were filed in Ripple’s summary judgment motion on Fair Notice.
Per Deaton, the deposition will only be unsealed if it is referenced in any of the summary judgment briefs.
Judge Torres’ Sealing Decision
Meanwhile, Judge Analisa Torres issued her decision on the parties’ requests to seal documents related to the summary judgment motion and accompanying exhibits, including Hinman’s emails.
The most exciting part of her ruling was the denial of the SEC’s motion to seal Hinman’s docs. According to a recent court order, Hinman’s emails and other summary judgment materials will be unsealed today, June 13, 2023.