Case 1:22-cv-23983-KMM Document 21 Entered on FLSD Docket 04/07/2023 Page 1 of 14
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`MIAMI DIVISION
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`CASE NO. 1:22-cv-23753-KMM
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`EDWIN GARRISON, et al., on behalf of
`themselves and all others similarly situated,
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`Plaintiffs,
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`v.
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`SAM BANKMAN-FRIED, et al.,
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`Defendants.
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`PLAINTIFFS’ MOTION TO SERVE DEFENDANT SHAQUILLE O’NEAL
`THROUGH APPROVED ALTERNATE MEANS
`Defendant Shaquille O’Neal has had actual knowledge of the allegations against him in
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`
`
`
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`this matter since this suit was first filed November 15, 2022. While Plaintiffs understand that
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`“actual knowledge” is not alone sufficient for effecting service, this fact is important to give
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`context to Plaintiff’s request to serve him now via alternative methods. Mr. O’Neal’s conduct over
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`the last 5 months in evading service in this action is unprecedented, and frankly shocking, based
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`upon on the extent of his public appearances, persona, and presence. Mr. O’Neal is the sole
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`remaining defendant in this matter who has still not been served. Despite Plaintiffs’ dozens of
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`attempts in multiple states and countries, to either effect service on him or have him (or a
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`designated agent) accept service of process.
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`Just last week, after the eighth most recent attempt at O’Neal’s Texas residence, Plaintiffs’
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`process server in Texas received a threatening text message stating “shaq lives in the Bahamas u
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`stupid fuck give beth shaw my regards.” See Declaration of Joseph Kaye, filed concurrently
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`

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`Case 1:22-cv-23983-KMM Document 21 Entered on FLSD Docket 04/07/2023 Page 2 of 14
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`herewith (“Kaye Decl.”), ¶ 12, Comp. Ex. E, at 3. Beth Shaw is the wife of our retained process
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`Edwin Garrison, et al. v. Samuel Bankman-Fried, et al.
`Case No. 1:22-cv-23753-KMM
`
`server. Enough is enough.
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`Plaintiffs respectfully suggest that it is finally time to move this massive class action case
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`along and therefore request the Court approve the suggested alternate service of process on O’Neal
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`through, among other methods, direct messages to his verified social media accounts, as set forth
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`below.
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`News of this lawsuit, filed closely on the heels of the collapse of FTX—the largest financial
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`debacle in history—has been disseminated through nearly every conceivable source of news,
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`across almost every country, be it on television, the internet, or otherwise. Dozens of articles
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`published globally and nationwide specifically call out Defendant O’Neal.1 Defendant O’Neal, as
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`set forth below, publicly acknowledged his actual notice of this suit shortly after it was filed.
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`Plaintiffs respectfully request that under these specific, verified circumstances, the Court
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`grant this motion to effect service on Shaquille O’Neal through various electronic means that are
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`reasonably calculated to provide O’Neal with additional actual notice of the lawsuit and the
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`allegations against him, namely through his social media accounts, his attorneys’ emails, and
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`through publication on a dedicated webpage, located at https://moskowitz-law.com/service-by-
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`publication-of-garrison-v-bankman-fried-122-cv-23753-sd-fla-on-shaquille-oneal (the “Service
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`Webpage”).
`
`
`1 See, e.g., “Shaq, Naomi Osaka, Steph Curry named as defendants in class-action suit against
`embattled
`crypto
`company
`FTX,”
`published
`November
`17,
`2022,
`at
`https://www.yahoo.com/video/shaq-naomi-osaka-steph-curry-164000087.html (accessed April 7,
`2023); “FTX Investors Sue Shaquille O’Neal, Naomi Osaka, Steph Curry,” published November
`28, 2022, at https://peopleofcolorintech.com/articles/ftx-investors-sue-shaquille-oneal-naomi-
`osaka-steph-curry/ (accessed April 7, 2023); “Brady, Curry, Shaq Among Athletes Facing Lawsuit
`in FTX Debacle,” published November 16, 2022, at https://www.si.com/nfl/2022/11/16/brady-
`curry-shaq-among-athletes-facing-lawsuit-in-ftx-debacle (accessed April 7, 2023).
`
`2
`
`

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`Case 1:22-cv-23983-KMM Document 21 Entered on FLSD Docket 04/07/2023 Page 3 of 14
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`Edwin Garrison, et al. v. Samuel Bankman-Fried, et al.
`Case No. 1:22-cv-23753-KMM
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`As explained below, shortly before filing this Motion, Plaintiffs served O’Neal with the
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`above link (1) via direct message from The Moskowitz Law Firm’s Twitter account to one of
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`O’Neal’s verified Twitter accounts (@DJDiesel);23 (2) via direct message from The Moskowitz
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`Law Firm’s Instagram account to O’Neal’s verified Instagram accounts (@Shaq and @DJDiesel);
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`and (3) via email to Shaq’s prior and current counsel in other matters. Kaye Decl. ¶ 15.
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`Plaintiffs’ respectfully request, pursuant to Federal Rule of Civil Procedure 4(e)(1) and the
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`specific law of the State of Texas, where O’Neal resides, that the Court enter an Order authorizing
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`service of process on O’Neal and deeming him served as of April 6, 2023, the date when Plaintiffs’
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`Counsel sent these materials directly to O’Neal (or alternatively, the date the Court enters an order
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`authorizing service through these means). To the extent necessary, Plaintiffs’ alternatively request
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`an additional extension of time to effect service on O’Neal through these same types of methods.
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`FACTUAL BACKGROUND
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`Shaquille O’Neal has demonstrably had actual notice of this action since at least December
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`15, 2022, when CNBC published an article containing O’Neal’s comments during his interview
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`with CNBC Make It that week regarding the allegations in this suit, which also confirmed that his
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`2 O’Neal made history back in 2008 as the first ever verified Twitter user with his @Shaq account,
`and it is common knowledge that he manages his own Twitter and social media accounts as a
`means of interacting directly with his fanbase. See https://www.essentiallysports.com/nba-
`basketball-news-way-before-elon-musks-twitter-blue-tick-fiasco-shaquille-oneal-made-history-
`on-1-billion-worth-social-media-platform/
`(accessed April
`7,
`2023);
`see
`also
`https://theathletic.com/1234609/2019/09/24/shaquille-oneal-early-adoption-twitter-changed-
`athlete-relations-forever/ (accessed April 7, 2023). While it appears O’Neal disabled direct
`messages to his @Shaq Twitter account, the Service Website link was direct messaged to his
`@DJDiesel Twitter account and both his @Shaq and @DJDiesel Instagram accounts.
`3 O’Neal moonlights as “DJ Diesel,” producing electronic music and DJing at festivals around the
`country. https://www.essentiallysports.com/nba-basketball-news-dj-diesel-shaquille-oneal-chose-
`to-pursue-a-career-in-electronic-music-because-of-its-similarity-to-basketball/ (accessed April 7,
`2023).
`
`3
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`

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`Case 1:22-cv-23983-KMM Document 21 Entered on FLSD Docket 04/07/2023 Page 4 of 14
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`Edwin Garrison, et al. v. Samuel Bankman-Fried, et al.
`Case No. 1:22-cv-23753-KMM
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`public FTX statement (namely that He was “All in, are You?” on FTX), for which he was paid
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`likely millions of dollars by FTX to make, was simply false:4
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`“A lot of people think I’m involved, but I was just a paid spokesperson for a
`commercial,” O’Neal says.
`. . .
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`Today, O’Neal cites his friendship with Curry as a reason he consented to appear
`in the ad. A spokesperson for Curry declined to comment.
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`In the ad, O’Neal told viewers that he checked his FTX account daily. But when
`asked now if he’s bullish on crypto, he offers a simple response: “No.”
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`“People know I’m very, very honest,” O’Neal says. “I have nothing to hide. If I was
`heavily involved, I would be at the forefront saying, ‘Hey.’ But I was just a paid
`spokesperson.”
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`It’s unclear how much money O’Neal made from his FTX endorsement deal.
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`Despite O’Neal’s actual knowledge of this action for at least the last four months, and his
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`claim that he has “nothing to hide,” to date he has not allowed himself to be served with process,
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`has not had any counsel confirm that they will represent him in this action, or otherwise appeared
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`in this action.
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`Shaquille O’Neal owns and has owned a large number of homes all across the country,
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`from Florida and Georgia, to Texas, to Nevada and California, and sometimes resides in Bahamas.5
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`Plaintiffs’ Counsel’s investigation showed, however, that while Defendant O’Neal is regularly on
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`the move between these locations (making personal service of process more difficult than with an
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`average American), he was likely spending much of his time in Texas, based on reports that he “is
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`4 See “Shaq distances himself from crypto and FTX collapse: ‘I was just a paid spokesperson,’”
`dated December 15, 2022, published at https://www.cnbc.com/2022/12/15/shaq-on-crypto-ftx-
`post-collapse-i-was-just-a-paid-spokesperson.html (accessed April 7, 2023).
`5
`https://www.realtor.com/news/celebrity-real-estate/every-home-shaquille-oneal-has-owned-
`past-and-present/ (accessed April 7, 2023).
`
`4
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`

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`Case 1:22-cv-23983-KMM Document 21 Entered on FLSD Docket 04/07/2023 Page 5 of 14
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`expanding [his] Big Chicken franchise to Texas, and as a result, he has bought a house there to
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`Edwin Garrison, et al. v. Samuel Bankman-Fried, et al.
`Case No. 1:22-cv-23753-KMM
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`help facilitate the move.”6
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`The process servers made several service attempts at the most recent, last-known address
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`listed for Defendant O’Neal in Texas. After learning that Defendant O’Neal sold his former
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`Sugarland residence (apparently to his ex-wife, Arnetta Yardbourgh), our process server has also
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`been trying to track Mr. O’Neal based upon various posts on his social media. Plaintiffs’ Counsel’s
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`investigation showed that Defendant O’Neal recently purchased another home in Texas, but the
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`address was not listed and did not show up in the process server’s skip trace. See Kaye Decl. ¶ 5,
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`Comp. Ex. A. After combing through public records and reports of the purchase of the new home
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`(all of which did not list the address of the property because (1) O’Neal did not purchase the home
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`in his individual capacity and (2) the reports only stated his home was in “Carrollton, Texas” and
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`gave the statistics for the home, such as the square footage and number of bedrooms or bathrooms),
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`Plaintiffs’ Counsel finally located an article that gave away the full address of 4012 Sahara Court,
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`Carrollton, Texas 75010.7 Id. Since obtaining the address, the process server has made numerous
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`attempts at effecting service on O’Neal at his Carrollton address, including through personal
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`service and through FedEx (serving the summons, complaint, and the pending MDL petition), and
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`Plaintiffs’ Counsel have directed them to continue attempting service. Id.
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`At the same time, Plaintiffs’ Counsel worked to determine whether there are any attorneys
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`who represent or have previously represented Defendant O’Neal who either (1) intend to represent
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`
`6
`https://thesportsrush.com/nba-news-shaquille-oneal-has-a-new-1-22-million-home-in-north-
`texas-amid-big-chicken-restaurant-expansion-plans/ (accessed April 7, 2023).
`7
`https://www.housedigest.com/913481/take-a-tour-of-shaquille-oneals-stunning-new-texas-
`home/ (accessed April 7, 2023).
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`5
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`

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`Case 1:22-cv-23983-KMM Document 21 Entered on FLSD Docket 04/07/2023 Page 6 of 14
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`him, (2) will accept service on his behalf, or (3) would provide information to facilitate his service.
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`Edwin Garrison, et al. v. Samuel Bankman-Fried, et al.
`Case No. 1:22-cv-23753-KMM
`
`Kaye Decl. ¶ 6.
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`Plaintiffs’ counsel first reached out to Benjamine Reid, Clifton R. Gruhn, and Jeffrey A.
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`Cohen, shareholders at the Miami office of Carlton Fields who recently represented Mr. O’Neal
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`in many different litigation,8 with Notice of Commencement and Request for Waiver of Service
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`forms and a copy of the operative Amended Complaint. Kaye Decl. ¶ 7, Comp. Ex. B. They
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`disclaimed knowledge of O’Neal’s representation and declined to forward the materials to Mr.
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`O’Neal. Id.
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`Then, Plaintiffs’ Counsel contacted Peter W. Ross and Eric C. Lauritsen of Ross LLP, who
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`represented O’Neal as recently as two months ago,9 with Notice of Commencement and Request
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`for Waiver of Service forms and a copy of the operative Amended Complaint. Kaye Decl. ¶ 8, Ex.
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`C. On a phone call, attorney Lauritsen similarly disclaimed any personal knowledge of O’Neal’s
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`representation or whereabouts. Mr. Ross’s response to Plaintiffs’ Counsel’s email is outstanding.
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`Id.
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`Finally, Plaintiffs’ Counsel contacted attorney Dennis Roach, who has apparently
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`represented and worked with O’Neal in various matters for years.10 Kaye Decl. ¶ 9. On a phone
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`call, Mr. Roach confirmed that O’Neal was his client. When asked whether he represented him in
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`8 https://www.law.com/dailybusinessreview/2021/05/13/slam-dunk-carlton-fields-lawyers-score-
`413k-in-attorney-fees-for-shaquille-oneal/
`(accessed April
`7,
`2023);
`see
`also
`https://www.abajournal.com/news/article/biglaw_lawyers_sanctioned_for_advising_shaquille_o
`neal_he_didnt_need_to_att (accessed April 7, 2023).
`9
`https://www.law360.com/articles/1570921/shaq-settles-suit-against-pot-co-alleging-
`mismanaged-funds (accessed April 7, 2023).
`10
`https://abcnews.go.com/Sports/shaq-lawyer-calls-incident-horseplay/story?id=23045999
`(accessed April 7, 2023); https://www.prnewswire.com/news-releases/shaquille-oneal-unveils-all-
`star-board-of-directors-for-the-shaquille-oneal-foundation-301273421.html (accessed April 7,
`2023).
`
`6
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`

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`Case 1:22-cv-23983-KMM Document 21 Entered on FLSD Docket 04/07/2023 Page 7 of 14
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`Edwin Garrison, et al. v. Samuel Bankman-Fried, et al.
`Case No. 1:22-cv-23753-KMM
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`this action or if he knew who did, he said to send him the information and he would “speak to the
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`powers that be” to confirm and would “get back” to Plaintiffs’ Counsel. Id. Plaintiffs’ Counsel
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`followed up with an email with Notice of Commencement and Request for Waiver of Service
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`forms and a copy of the operative Amended Complaint. Id.
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`Plaintiffs’ Counsel followed up with Mr. Roach on March 29, 2023, but to date has received
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`no further response. Kaye Decl. ¶ 10. O’Neal’s deadline to execute that waiver (if he decides to
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`do so) is Monday, April 10, 2023.
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`On March 10, 2023, Plaintiffs filed a Response to the Court’s Show Cause Order, [ECF
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`No. 99], explaining the specific issues with serving O’Neal with process and requesting an
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`extension of time to continue their efforts, which the Court granted by an Order extending the
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`deadline for Plaintiffs to serve Defendant O’Neal to April 17, 2023. ECF No. 101.
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`In addition to the previous attempts to serve O’Neal outlined above, Plaintiffs have also
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`attempted personal service on Defendant O’Neal at his Texas residence on eight additional
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`occasions over nearly a month. Kaye Decl. ¶ 12, Comp. Ex. E (affidavits of nonservice and
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`affidavit of due diligence). After the eighth attempt, Plaintiffs’ process server in Texas received a
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`text message later that night, stating “shaq lives in the Bahamas u stupid fuck give beth shaw my
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`regards.” Id. at 3 (emphasis added). Plaintiffs’ investigation confirms O’Neal does not live in the
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`Bahamas. Id.
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`Beth Shaw is the process server’s wife, which the sender of the text (from 518-816-0323)
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`would only have known after conducting a background check into Mr. Shaw, who left his business
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`card at O’Neal’s residence during his attempts at service, which included his name and phone
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`number. Kaye Decl. ¶ 13, Comp. Ex. E. Believing the text to have originated from O’Neal or
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`7
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`

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`Case 1:22-cv-23983-KMM Document 21 Entered on FLSD Docket 04/07/2023 Page 8 of 14
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`Edwin Garrison, et al. v. Samuel Bankman-Fried, et al.
`Case No. 1:22-cv-23753-KMM
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`someone acting on his behalf, Mr. Shaw was no longer comfortable attempting to personally serve
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`Mr. O’Neal with process, fearing for his and his wife’s safety. Id.
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`Plaintiffs’ counsel have also made efforts to serve Defendant O’Neal in Georgia, where he
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`also maintains a residence. Process servers made 12 attempts at O’Neal’s Georgia residence, and
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`were unable to locate or contact O’Neal. Kaye Decl. ¶ 14, Comp. Ex. F (affidavits of nonservice).
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`Plaintiffs’ counsel also sent the summons and operative complaint via FedEx to O’Neal’s Georgia
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`residence and his office at Turner Sports in Atlanta (from where O’Neal regularly appears on
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`TNT). Kaye Decl. ¶ 14, Comp. Ex. G (FedEx Delivery Confirmations with Pictures). Further,
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`Plaintiffs’ counsel sent via FedEx the summons, operative complaint, necessary check, and cover
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`letter to the Civil Unit of Henry County Sheriff’s Office (where O’Neal is a Director of Community
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`Relations),11 requesting assistance in effecting service of process on Mr. O’Neal. Kaye Decl. ¶ 14,
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`Comp. Ex. H. The check cleared April 3, 2023, though to date Plaintiffs’ Counsel have received
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`no response from the Henry County Sheriff’s Office. Kaye Decl. ¶ 14.
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`As we have done in prior cases before this Court, on April 6, 2023, Plaintiffs created the
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`Service Webpage, and served O’Neal with the link to the Service Webpage (1) via direct message
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`from The Moskowitz Law Firm’s Twitter account to one of O’Neal’s verified Twitter account
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`(@DJDiesel); (2) via direct message from The Moskowitz Law Firm’s Instagram account to
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`O’Neal’s verified Instagram accounts (@Shaq and @DJDiesel); and (3) via email to Shaq’s prior
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`and current counsel in other matters. See Kaye Decl. ¶ 15, Comp Ex. I. The direct message to
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`O’Neal’s accounts read as follows:
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`Mr. O’Neal, in accordance with Federal Rule of Civil Procedure 4(e)(1) and Texas
`Rule of Civil Procedure 106(b)(2), please find the summons, operative complaint,
`and other important materials regarding the claims filed against you in the action
`
`11 https://www.safehenry.com/keep-in-touch-with-site-visitors-and-boost-loyalty (accessed April
`7, 2023).
`
`8
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`

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`Case 1:22-cv-23983-KMM Document 21 Entered on FLSD Docket 04/07/2023 Page 9 of 14
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`Edwin Garrison, et al. v. Samuel Bankman-Fried, et al.
`Case No. 1:22-cv-23753-KMM
`
`pending in the Southern District of Florida before the Honorable Judge K. Michael
`Moore, styled Garrison, et al. v. Bankman-Fried, et al., No. 1:22-cv-23753 (S.D.
`Fla.): https://moskowitz-law.com/service-by-publication-of-garrison-v-bankman-
`fried-122-cv-23753-sd-fla-on-shaquille-oneal
`
`This is the same action you publicly commented on December 15, 2022: “Shaq
`distances himself from crypto and FTX collapse: ‘I was just a paid spokesperson,’”
`dated December 15, 2022, published at https://www.cnbc.com/2022/12/15/shaq-
`on-crypto-ftx-post-collapse-i-was-just-a-paid-spokesperson.html
`
`Thank you.
`
`Id.
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`The irony is that O’Neal is extremely active on his social media accounts. The number of
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`posts made on each account since this action was filed and the date of the most recent posts are as
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`follows:
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`• @Shaq (Instagram – 30 million followers and 3,752 posts): April 4, 2023; 127 posts
`since this action was filed. O’Neal includes what is apparently his cell phone
`number on this account, stating “Text me 818-583-8345” in the headline. O’Neal
`posted
`on April
`9,
`2020,
`confirming
`this was
`his
`number:
`https://www.instagram.com/p/B-xlr1nl1Qn/ (accessed April 7, 2023).
`
`• @DJDiesel (Instagram – 397K followers and 399 posts): March 21, 2023; 21 posts
`since this action was filed.
`
`• @Shaq (Twitter – 15.9M followers and 10.4K tweets since November 2008): April
`5, 2023; 57 posts since this action was filed.
`
`• @DJDiesel (Twitter – 77.3K followers and 550 tweets since September 2019):
`April 5, 2023; 30 posts since this action was filed.
`
`Kaye Decl. ¶ 16.
`
`LEGAL ARGUMENT
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`
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`Federal Rule of Civil Procedure 4(e)(1) allows service pursuant to the law of the state either
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`where the district court is located or where service is effected. Izen v. Catalina, 256 F.3d 324, 327
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`(5th Cir. 2001) (citing Fed. R. Civ. Proc. 4(e)(1) and approving service of complaint filed in federal
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`district court in Texas on Defendant in Oklahoma pursuant to Oklahoma law); see also, e.g., Doe
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`9
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`

`

`Case 1:22-cv-23983-KMM Document 21 Entered on FLSD Docket 04/07/2023 Page 10 of 14
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`Edwin Garrison, et al. v. Samuel Bankman-Fried, et al.
`Case No. 1:22-cv-23753-KMM
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`v. Islamic Salvation Front (FIS), 993 F. Supp. 3, 7 (D.D.C. 1998) (approving personal service in
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`Virginia of complaint filed in D.C. and explaining Rule 4(e) service “is not limited to the district
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`in which the complaint was filed”).
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`
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`Under the law of Texas, where Defendant O’Neal resides at 4012 Sahara Court, Carrollton,
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`Texas 75010, Defendant O’Neal may be served personally or by registered or certified mail (return
`
`receipt requested) as approved under Texas Rule of Civil Procedure 106(a), or, if service under
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`either method prescribed under 106(a) is unsuccessful, the court may authorize another method of
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`service under Texas Rule 106(b). Joe Hand Promotions, Inc. v. Wash That Baby, LLC, MO:21-
`
`CV-211-DC-RCG, 2022 WL 2761734, at *1 (W.D. Tex. May 9, 2022) (authorizing service
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`through direct message to defendant’s Facebook account where plaintiffs submitted sworn
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`statements from process servers that personal service on defendant was unsuccessful, that
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`defendant had left the state and his return date was unknown, and that defendant actively used the
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`Facebook account).
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`Texas Rule of Civil Procedure 106(b) allows for substitute service:
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`(b) Upon motion supported by a statement—sworn to before a notary or made under
`penalty of perjury—listing any location where the defendant can probably be found
`and stating specifically the facts showing that service has been attempted under
`(a)(1) or (a)(2) at the location named in the statement but has not been successful,
`the court may authorize service:
`
`(1) ...; or
`
`(2) in any other manner, including electronically by social media, email, or other
`technology, that the statement or other evidence shows will be reasonably effective
`to give the defendant notice of the suit.
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`Id. (emphasis added); see also Chrisenberry v. Ketcher, No. MO:21-CV-146-DC-RCG, 2022 WL
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`2762219, at *1 (W.D. Tex. May 18, 2022) (authorizing service through direct message to
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`defendant’s Facebook account where plaintiffs submitted sworn statements from process servers
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`10
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`

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`Case 1:22-cv-23983-KMM Document 21 Entered on FLSD Docket 04/07/2023 Page 11 of 14
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`Edwin Garrison, et al. v. Samuel Bankman-Fried, et al.
`Case No. 1:22-cv-23753-KMM
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`that personal service on defendant was unsuccessful, “despite reasonable investigation and
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`efforts,” and that defendant actively used the Facebook account).
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`
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`Here, Plaintiffs have attempted to effect service of process at 4012 Sahara Court,
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`Carrollton, Texas 75010 at least a dozen times pursuant to Texas Rule of Civil Procedure
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`106(a)(1), which ended when the process server was sent an ominous and threatening text message
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`by O’Neal or someone acting on his behalf. Kaye Decl. ¶¶ 12–13, Comp. Ex. E. The only way that
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`O’Neal or someone acting on his behalf would have gotten the information necessary to send this
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`text to Mr. Shaw is if they physically went to 4012 Sahara Court and retrieved the business card
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`he left there with his contact information. Id. That the text included misinformation in addition to
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`the veiled threat (that they knew who Mr. Shaw’s wife was and asked he give her their “regards”)
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`is clear evidence that O’Neal is evading service, by any means necessary.
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`Accordingly, given the circumstances, substitute service of process through social media
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`pursuant to Texas Rule of Civil Procedure 106(b)(2) is necessary to complete service of process
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`on Defendant O’Neal. This case needs to proceed.
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`
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`Not only is service through O’Neal’s social media accounts necessary and proper under
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`Rule 106(b)(2), but the evidence also shows it will be reasonably effective to give O’Neal notice
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`of this action. To be sure, while O’Neal has demonstrated he has notice of this action since
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`December 15, 2022,12 the evidence demonstrates that he has made 235 posts between his two
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`verified Twitter accounts and two verified Instagram accounts since this lawsuit was filed against
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`him, with the most recent ones being posted April 5, 2023. The accounts are filled with personal
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`videos apparently filmed by O’Neal himself, who made history back in 2008 as the first ever
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`12 See “Shaq distances himself from crypto and FTX collapse: ‘I was just a paid spokesperson,’”
`dated December 15, 2022, published at https://www.cnbc.com/2022/12/15/shaq-on-crypto-ftx-
`post-collapse-i-was-just-a-paid-spokesperson.html (accessed April 7, 2023).
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`11
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`Case 1:22-cv-23983-KMM Document 21 Entered on FLSD Docket 04/07/2023 Page 12 of 14
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`Edwin Garrison, et al. v. Samuel Bankman-Fried, et al.
`Case No. 1:22-cv-23753-KMM
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`verified Twitter user, and is commonly known to personally manage these accounts as a means of
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`interacting directly with his fanbase.13
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`On April 6, 2023, Plaintiffs sent the messages with the link to the Service Webpage to
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`O’Neal’s Instagram and Twitter accounts, as well as to the emails of the counsel known to have
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`recently represented him in other matters. Kaye Decl. ¶ 15, Comp. Ex. I. For the reasons explained
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`in this motion, Plaintiffs respectfully submit the Court should authorize service by these means in
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`accordance with applicable law and deem O’Neal served as of April 6, 2023, so that this action
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`may finally proceed with all Defendants before the Court.
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`CONCLUSION
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`Plaintiffs respectfully request, pursuant to Federal Rule of Civil Procedure 4(e)(1) and the
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`law of the State of Texas, where O’Neal resides, that the Court grant this motion to effect service
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`on Shaquille O’Neal through various electronic means reasonably calculated to provide O’Neal
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`with additional actual notice of the lawsuit and the allegations against him, namely through direct
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`message of the Service Webpage to three of his social media accounts, his attorneys’ emails, and
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`through publication on the dedicated Service Webpage as set forth in this motion, deeming O’Neal
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`served as of April 6, 2023, the date when Plaintiffs’ Counsel sent these materials directly to O’Neal
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`(or alternatively, the date the Court enters an order authorizing service through these means, and,
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`to the extent necessary, granting an additional extension of time to effect service in this regard),
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`together with such other and further relief the Court deems just, equitable and proper.
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`13 See https://www.essentiallysports.com/nba-basketball-news-way-before-elon-musks-twitter-
`blue-tick-fiasco-shaquille-oneal-made-history-on-1-billion-worth-social-media-platform/
`(accessed April 7, 2023); see also https://theathletic.com/1234609/2019/09/24/shaquille-oneal-
`early-adoption-twitter-changed-athlete-relations-forever/ (accessed April 7, 2023).
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`12
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`Case 1:22-cv-23983-KMM Document 21 Entered on FLSD Docket 04/07/2023 Page 13 of 14
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`Dated: April 7, 2023
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`Respectfully submitted,
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`Edwin Garrison, et al. v. Samuel Bankman-Fried, et al.
`Case No. 1:22-cv-23753-KMM
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`
`
`By: /s/ Adam Moskowitz
`Adam M. Moskowitz
`Florida Bar No. 984280
`adam@moskowitz-law.com
`Joseph M. Kaye
`Florida Bar No. 117520
`joseph@moskowitz-law.com
`THE MOSKOWITZ LAW FIRM, PLLC
`2 Alhambra Plaza, Suite 601
`Coral Gables, FL 33134
`Telephone: (305) 740-1423
`
`By: /s/ David Boies
`David Boies
`(Pro Hac Vice)
`Alex Boies
`(Pro Hac Vice)
`BOIES SCHILLER FLEXNER LLP
`333 Main Street
`Armonk, NY 10504
`Phone: (914) 749–8200
`dboies@bsfllp.com
`
`By: /s/ Stephen Neal Zack
`Stephen Neal Zack
`Florida Bar No. 145215
`BOIES SCHILLER FLEXNER LLP
`100 SE 2nd St., Suite 2800
`Miami, FL 33131
`Office: 305-539-8400
`szack@bsfllp.com
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`Co-Counsel for Plaintiff and the Class
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`13
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`Case 1:22-cv-23983-KMM Document 21 Entered on FLSD Docket 04/07/2023 Page 14 of 14
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`Edwin Garrison, et al. v. Samuel Bankman-Fried, et al.
`Case No. 1:22-cv-23753-KMM
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`CERTIFICATE OF SERVICE
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`
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`I hereby certify that a true and correct copy of the forgoing was filed on April 7, 2023, via
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`the Court’s CM/ECF system, which will send notification of such filing to all attorneys of record.
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` By: /s/ Adam M. Moskowitz______
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` ADAM M. MOSKOWITZ
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`14
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