If the SEC does not file Form C by October 17, 2024, Ripple could take several steps.

As of October 2024, the SEC has filed a notice of appeal in the case against Ripple, but Form C has not yet been filed. This form is required to clarify which aspects of Judge Analisa Torres' ruling the SEC intends to challenge. The lack of this information makes it difficult for Ripple to decide what steps to take, including whether to cross-appeal.

The exact deadline for filing a Form C in an appeal varies depending on the specific rules of the appellate court. In the case of SEC v. Ripple, the SEC filed a notice of appeal on October 2, 2024. Typically, after filing such a notice, the party initiating the appeal must file a Form C within 30 days, although the exact deadlines may vary depending on the court and its procedures.

Ripple has 14 days from the date the SEC files its notice of appeal (in this case, October 3, 2024) to decide whether it will cross-appeal. This means Ripple has until October 17, 2024, to file its response or cross-appeal.

These deadlines could create an uneven playing field, as Ripple must decide whether to cross-appeal without knowing exactly what aspects of the decision are being challenged until the SEC files a Form C that explains their arguments.

If the SEC does not file Form C by October 17, 2024, Ripple could take several steps:

1. Motion to Dismiss Appeal. Ripple may ask the court to dismiss the SEC's appeal on the grounds that the Form C containing the grounds for appeal was not filed within the required time. The court may find the SEC's action to be inconsistent with due process and refuse to hear the appeal.

2. Request for Extension of Time. If the SEC requests an extension of time to file Form C, Ripple can file an objection to avoid further delays in the case. Ripple can also use this situation to strengthen its position by pointing out the SEC's disorganized actions.

3. Decision on cross-appeal. Regardless of filing Form C, Ripple may continue to prepare a cross-appeal (for example, on the issue of institutional sales of XRP) if it deems it beneficial to its strategy, even if the SEC's position is not yet completely clear.

Thus, the lack of a Form C until October 17 could play into Ripple's hands, giving them the opportunity to be proactive and file motions that could weaken the SEC's position.