Case 1:22-cv-23753-KMM Document 146 Entered on FLSD Docket 04/14/2023 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`MIAMI DIVISION
`
`Case No. 22-cv-23753-MOORE/BECERRA
`
`
`EDWIN GARRISON, et al., on behalf of
`themselves and all other similarly situated,
`
`Plaintiffs,
`
`
`v.
`
`SAM BANKMAN-FRIED, et al.,
`
`
`Defendants.
`
`
`
`
`
`
`
`
`
`/
`
`
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`
`
`
`UNOPPOSED MOTION FOR LEAVE TO FILE UNDER
`SEAL AN EXHIBIT TO LARRY DAVID’S DECLARATION IN
`SUPPORT OF MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION
`
`
`
`
`Per Local Rule 5.4, Defendant Lawrence David moves unopposed for leave to file under
`
`seal a confidential exhibit in support of his Declaration filed as an attachment to Defendants
`
`Golden State Warriors, LLC, Larry David, Stephen Curry, Shohei Ohtani, and Naomi Osaka’s
`
`Motion to Dismiss for Lack of Personal Jurisdiction. (See ECF No. 139-2.)
`
`1.
`
`The Declaration filed contemporaneously herewith includes as Exhibit A a contract
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`between Mr. David and various FTX entities.
`
`2.
`
`Generally, the presumption in this District is that proceedings are public and Court
`
`filings are a matter of public record. S.D. Fla. L.R. 5.4(a). However, the public’s right of access
`
`is not absolute and “may be overcome by a showing of good cause, which requires balancing the
`
`asserted right of access against the other party’s interest in keeping the information confidential.”
`
`Romero v. Drummond Co., Inc., 480 F.3d 1234, 1246 (11th Cir. 2007) (internal quotations and
`
`citations omitted).
`
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`MIAMI DIVISION
`
`Case No. 22-cv-23753-MOORE/BECERRA
`
`
`EDWIN GARRISON, et al., on behalf of
`themselves and all other similarly situated,
`
`Plaintiffs,
`
`
`v.
`
`SAM BANKMAN-FRIED, et al.,
`
`
`Defendants.
`
`
`
`
`
`
`
`
`
`/
`
`
`
`
`
`
`UNOPPOSED MOTION FOR LEAVE TO FILE UNDER
`SEAL AN EXHIBIT TO LARRY DAVID’S DECLARATION IN
`SUPPORT OF MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION
`
`
`
`
`Per Local Rule 5.4, Defendant Lawrence David moves unopposed for leave to file under
`
`seal a confidential exhibit in support of his Declaration filed as an attachment to Defendants
`
`Golden State Warriors, LLC, Larry David, Stephen Curry, Shohei Ohtani, and Naomi Osaka’s
`
`Motion to Dismiss for Lack of Personal Jurisdiction. (See ECF No. 139-2.)
`
`1.
`
`The Declaration filed contemporaneously herewith includes as Exhibit A a contract
`
`between Mr. David and various FTX entities.
`
`2.
`
`Generally, the presumption in this District is that proceedings are public and Court
`
`filings are a matter of public record. S.D. Fla. L.R. 5.4(a). However, the public’s right of access
`
`is not absolute and “may be overcome by a showing of good cause, which requires balancing the
`
`asserted right of access against the other party’s interest in keeping the information confidential.”
`
`Romero v. Drummond Co., Inc., 480 F.3d 1234, 1246 (11th Cir. 2007) (internal quotations and
`
`citations omitted).
`
`
`
`
`
`
`
`Case 1:22-cv-23753-KMM Document 146 Entered on FLSD Docket 04/14/2023 Page 2 of 4
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`3.
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`In balancing these interests to determine whether documents should be placed under
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`seal, courts consider “whether allowing access would impair court functions or harm legitimate
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`privacy interests, the degree of and likelihood of injury if made public, the reliability of the
`
`information, whether there will be an opportunity to respond to the information, whether the
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`information concerns public officials or public concerns, and the availability of a less onerous
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`alternative to sealing the documents.” Id. “A party’s privacy or proprietary interest in information
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`sometimes overcomes the interest of the public in accessing the information.” Id.
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`4.
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`Here, Mr. David’s contract contains confidentiality provisions that prohibit him
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`from disclosing to any third party the financial or other material terms of the contract. The contract
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`also contains commercially sensitive and personal information regarding the terms of Mr. David’s
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`services and intellectual property. Disclosure of the agreement (and terms thereof) could violate
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`Mr. David’s confidentiality obligations and cause irreparable harm to his personal and commercial
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`interests. Thus, to honor Mr. David’s obligations under the agreement, and to protect
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`commercially sensitive information, he requests leave to file Exhibit A to his Declaration under
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`seal.
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`5.
`
`Mr. David requests that the Court maintain this record under seal until the
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`conclusion of this case and further order of the Court.
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`For the foregoing reasons, Mr. David respectfully requests leave to file Exhibit A to his
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`Declaration under seal.
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`
`
`
`
`
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`Case 1:22-cv-23753-KMM Document 146 Entered on FLSD Docket 04/14/2023 Page 3 of 4
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`LOCAL RULE 7.1(A)(3) CERTIFICATION
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`Pursuant to Local Rule 7.1(a)(3), counsel for Mr. David certifies that they conferred with
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`counsel for Plaintiffs, on April 13, 2023. Plaintiffs’ counsel stated: “we certainly do not oppose
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`to [sic] your filing, and we can certainly deal with the document, after we have the chance to
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`review it and we will let you know if we think it needs/should be filed not under seal and can talk.”
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`
`
`Dated: April 14, 2023
`
`Respectfully submitted,
`
`
`
`
`
`COLSON HICKS EIDSON, P.A.
`255 Alhambra Circle, Penthouse
`Coral Gables, Florida 33134
`(305) 476-7400
`
`
`
`
`
`By: /s/ Roberto Martínez
`Roberto Martínez
`Florida Bar No. 305596
`bob@colson.com
`Stephanie A. Casey
`Florida Bar No. 97483
`scasey@colson.com
`Zachary Lipshultz
`Florida Bar No. 123594
`zach@colson.com
`
`LATHAM & WATKINS LLP
`Andrew B. Clubok (pro hac vice)
` andrew.clubok@lw.com
`Susan E. Engel (pro hac vice)
` susan.engel@lw.com
`Brittany M.J. Record (pro hac vice)
` brittany.record@lw.com
`555 Eleventh Street, N.W., Suite 1000
`Washington, D.C. 20004-1304
`Tel: +1.202.637.2200
`Fax: +1.202.637.2201
`
`LATHAM & WATKINS LLP
`Marvin S. Putnam (pro hac vice)
` marvin.putnam@lw.com
`Jessica Stebbins Bina (pro hac vice)
` jessica.stebbinsbina@lw.com
`Elizabeth A. Greenman (pro hac vice)
` elizabeth.greenman@lw.com
`
`
`
`
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`
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`
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`Case 1:22-cv-23753-KMM Document 146 Entered on FLSD Docket 04/14/2023 Page 4 of 4
`
`10250 Constellation Blvd., Suite 1100
`Los Angeles, California 90067
`Tel: +1.424.653.5500
`Fax: +1.424.653.5501
`
`LATHAM & WATKINS LLP
`Michele D. Johnson (pro hac vice)
` michele.johnson@lw.com
`650 Town Center Drive, 20th Floor
`Costa Mesa, California 92626-1925
`Tel: +1.714.540.1235
`Fax: +1.714.755.8290
`
`Attorneys for Defendant Lawrence David
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