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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`MIAMI DIVISION
`CASE NO. 1:22-cv-23753-KMM
`EDWIN GARRISON, et al., on behalf of
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`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’ RESPONSE TO THE “FTX CELEBRITY DEFENDANTS’”
`EMERGENCY MOTION TO AMEND THE CASE MANAGEEMENT ORDER
`On February 10, 2023, almost two months ago, this Court entered a Standard Order [D.E.
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`49] in cases with multiple defendants. The same Order has been entered by Chief Judge Altonaga
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`in the pending Garrison v. Paffrath, 23-20123 [D.E. 19] (against the “FTX Influencers”) and by
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`Judge Roy Altman in Sizemore v. Zhao, 23-21261 [D.E. 8] (against Binance). Both of those Orders
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`require the Defendants to file one Response to the Complaint in accordance with the rules of civil
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`procedure.
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`Plaintiffs take no position on whether the Court should allow the FTX Celebrity Defendants
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`to: (a) increase the briefs to 65 and 30 pages, and (b) allow 30 days for Oppositions and Replies.
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`Most of these Defendants have now been served for months, many of these arguments have been
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`briefed in other related crypto cases, but Plaintiffs respectfully state that such decision is certainly
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`for this Court to decide. However, Plaintiffs must take issue with the manner in which Defendants’
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`counsel proceeded with this Motion.
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`On Thursday, April 6th, Mr. Carver left a voice message for 4 different Plaintiffs’ counsel
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`and stated it was very important he talk to them about his Motion to Dismiss, which is due in
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`Case 1:22-cv-23753-KMM Document 128 Entered on FLSD Docket 04/07/2023 Page 2 of 3
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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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`approximately one week. Undersigned Counsel were in the process of finalizing and filing a
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`Motion to Serve FTX Celebrity Defendant Shaquille O’Neal with substitutes service, due to his
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`evasive actions during the last 4 months.
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`Accordingly, Plaintiffs’ counsel suggested that the parties discuss the issue on Monday
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`April 10th, for several reasons, including because: (1) today, April 7th, is Good Friday, (2) we could
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`not presume how the Court was going to decide the Motion for Mr. O’Neal (would be presumed
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`served), and (3) we specifically asked Mr. Carver to let us know which FTX defendants he was
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`speaking for, because we have had issues in the past (in fact, he just filed a new Notice of
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`Appearance for FTX Defendant Adonis Haslem). Mr. Carver wrote back that we should not deal
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`with any of other issues and sent us his draft Motion. He stated that he was filing today, whether
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`he heard from us or not.
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`As a result, Undersigned Counsel specifically wrote to Mr. Roberto Martinez, counsel for
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`many of the FTC Celebrity Defendants, and signatory on all of the group pleadings in this matter.
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`The email was sent at 10:55am this morning, enclosing a courtesy copy of our Motion for Mr.
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`O’Neal and asked him specifically to: “Just let us know any good time to set a Zoom and we can
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`discuss organizing this matter. Thx., Adam.” That email was never mentioned in Mr. Carver’s
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`Local Rule 7.1 Certification, so either Mr. Martinez and Mr. Carver have not spoken, or the email
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`was simply left out. Undersigned Counsel simply hope that we can have more cooperation and
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`professionalism as we advance in this litigation.
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`. Dated: April 7, 2023
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`Respectfully submitted,
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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
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`Case 1:22-cv-23753-KMM Document 128 Entered on FLSD Docket 04/07/2023 Page 3 of 3
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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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`joseph@moskowitz-law.com
`THE MOSKOWITZ LAW FIRM, PLLC
`2 Alhambra Plaza, Suite 601
`Coral Gables, FL 33134
`Telephone: (305) 740-1423
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`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
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`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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`CERTIFICATE OF SERVICE
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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______
` ADAM M. MOSKOWITZ
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`3
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