Case 1:22-cv-23753-KMM Document 157 Entered on FLSD Docket 04/14/2023 Page 1 of 6
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`MIAMI DIVISION
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`Case No. 22-cv-23753-MOORE/LOUIS
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`EDWIN GARRISON, et al., on behalf of
`themselves and all other 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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`DEFENDANT SHOHEI OHTANI’S SUPPLEMENTAL MEMORANDUM OF LAW
`IN SUPPORT OF MOTION TO DISMISS
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`Case 1:22-cv-23753-KMM Document 157 Entered on FLSD Docket 04/14/2023 Page 2 of 6
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`Plaintiffs have not alleged any conduct by Shohei Ohtani, let alone conduct that could
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`conceivably subject him to this Court’s jurisdiction or form the basis of a tort. There is no personal
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`jurisdiction over Mr. Ohtani because he is not a Florida resident and none of the relevant
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`allegations about him bear any connection to Florida. Nor have Plaintiffs come close to alleging a
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`legally viable claim against him under Florida law. The Court should dismiss him from this case.
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`From his home in Tokyo, Japan, Mr. Ohtani, a Japanese citizen and resident,1 entered into
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`an agreement that allowed Bahamas-based FTX to license his name, image, and likeness to
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`promote FTX to Japanese customers in the Japanese market. Ohtani Decl. ¶¶ 2, 8, 11; FAC ¶ 226
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`n.138. The FAC’s only allegation concerning Mr. Ohtani confirms this: FTX issued a press release
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`from the Bahamas indicating that Mr. Ohtani would serve as an international “global ambassador”
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`for FTX. Id. Critically, Mr. Ohtani made no statement in the press release, id., and the FAC does
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`not allege Mr. Ohtani ever made any statement endorsing FTX at all. This makes sense, because
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`Mr. Ohtani does not make public statements in English and never took any affirmative steps to
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`promote FTX in or directed at Florida. Ohtani Decl. ¶¶ 12, 18.
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`Plaintiffs, a mix of Australian, British, Canadian, and American residents—the majority of
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`whom do not reside in Florida—indiscriminately allege that they were fraudulently induced to
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`invest in FTX by all 18 Defendants’ “promotion, marketing, and sale of FTX’s YBAs in Florida.”
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`FAC ¶ 50. But Plaintiffs do not allege that Mr. Ohtani committed a single act in or directed at
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`Florida. Distinct from the other Movants, Mr. Ohtani’s extremely limited relationship with FTX
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`1 Plaintiffs allege that Mr. Ohtani is a “citizen and resident of the State of California.” FAC ¶ 40.
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`This is simply incorrect; he is a citizen and resident of Japan. See Declaration of Shohei Ohtani,
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`ECF 139-3 (“Ohtani Decl.”) ¶ 2. But regardless, it is undisputed that he does not reside in Florida.
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`Case 1:22-cv-23753-KMM Document 157 Entered on FLSD Docket 04/14/2023 Page 3 of 6
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`was targeted towards Japan and the Japanese market—not Florida. Ohtani Decl. ¶ 11. Plaintiffs do
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`not allege that Mr. Ohtani made any statements purportedly endorsing FTX, let alone the
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`requirement that Plaintiffs (i) heard or saw such statements (ii) while in Florida and (iii) relied on
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`such statements to purchase YBAs from FTX in Florida. See Movants’ Mot. to Dismiss, ECF 154;
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`Non-Resident Defendants’ Mot. to Dismiss, ECF 139. Put simply, there is absolutely no
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`connection between Mr. Ohtani’s conduct and Florida.
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`The Court does not have general jurisdiction over Mr. Ohtani because he is not domiciled
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`in Florida. Ohtani Decl. ¶ 2; FAC ¶ 40; see Bristol-Myers Squibb Co. v. Superior Ct. of Cal., S.F.
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`Cnty., 582 U.S. 255, 262 (2017). The Court lacks specific jurisdiction over him, too. Nothing in
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`the FAC, or in reality, suggests Mr. Ohtani committed any act within or directed at Florida. Walden
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`v. Fiore, 571 U.S. 277, 288-89 (2014). “In analyzing whether tortious conduct has occurred within
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`Florida, courts have looked to whether the nonresident defendant committed a substantial aspect
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`of the alleged tort in Florida.” Taylor v. Moskow, 717 F. App’x 836, 840 (11th Cir. 2017) (citation
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`omitted). The mere “existence of an injury within Florida, standing alone, is insufficient to support
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`jurisdiction over an out-of-state tortfeasor.” Id. at 841 (citation omitted).
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`No “substantial aspect” of Mr. Ohtani’s alleged tort can reasonably be said to have
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`occurred in Florida. Ohtani Decl. ¶ 13-18. Plaintiffs’ 280-paragraph FAC makes only one
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`allegation concerning Mr. Ohtani, which merely cites one statement made by FTX, an Antiguan
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`and Barbudan corporation with its principal place of business in the Bahamas, FAC ¶ 121, in a
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`press release issued from the Bahamas, id. ¶ 226 n.138, that announced Mr. Ohtani would serve as
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`an international “global ambassador” for FTX. id. But this statement was made by FTX, not Mr.
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`Ohtani, and makes clear his name, image, and likeness were licensed to promote FTX overseas.
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`Plaintiffs further fail to establish the “connexity” requirement, which requires that
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`Case 1:22-cv-23753-KMM Document 157 Entered on FLSD Docket 04/14/2023 Page 4 of 6
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`Plaintiffs’ “cause of action arise[] from that act.” SkyHop Techs., Inc. v. Narra, 58 F.4th 1211,
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`1223-28 (11th Cir. 2023). Here, Plaintiffs do not allege that they purchased YBAs in Florida, let
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`alone that they relied on Mr. Ohtani’s image in a Bahamian press release (issued by FTX, not Mr.
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`Ohtani) while doing so. The majority of Plaintiffs do not allege they even suffered an injury in
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`Florida at all (which would still not be enough); and for many, not even within the United States.
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`See Zion Williamson v. Prime Sports Mktg., LLC, 314 So. 3d 480 (Fla. 3d DCA 2020) (no
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`jurisdiction where Plaintiffs were allegedly injured in Florida but where Plaintiffs had no
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`interaction with Defendant or Defendant’s conduct in Florida). For their parts, Plaintiffs Kavuri,
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`Gallant, and Nicol could not even access the Florida/U.S. version of FTX because there are
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`separate FTX products for the U.S. and foreign jurisdictions, FAC ¶ 174, and to the extent they
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`suffered any injury, it would have occurred in their home countries. See Bernardele v. Bonorino,
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`608 F. Supp. 2d 1313, 1325 (S.D. Fla. 2009) (no jurisdiction over non-resident plaintiffs’ claims
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`where the misrepresentation did not occur in Florida or take place through communications in
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`Florida, and any alleged injury was in Argentina and Uruguay, “where they reside, not in Florida”).
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`Moreover, exercising jurisdiction over Mr. Ohtani would violate the due process clause
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`of the U.S. Constitution, a far “more demanding constitutional inquiry” than a finding of
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`jurisdiction under Florida’s long-arm statute. Williamson, 314 So. 3d. at 487 n.8. Plaintiffs fail to
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`plead any connection between their claims and Mr. Ohtani’s alleged contacts with Florida. Mr.
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`Ohtani never met with anyone from FTX in Florida, nor did he ever speak to anyone from FTX by
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`telephone or text message who was in Florida on the other end of the line. Ohtani Decl ¶¶ 13-17.
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`And Florida has no greater interest in the adjudication of this case—i.e., asserting jurisdiction over
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`a Japanese domiciliary—than a forum where Mr. Ohtani is subject to jurisdiction. Wiegering v.
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`Blue Cross & Blue Shield of Mass., Inc., 2017 WL 1294907, at *9 (S.D. Fla. Feb. 2, 2017).
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`Case 1:22-cv-23753-KMM Document 157 Entered on FLSD Docket 04/14/2023 Page 5 of 6
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`DATED: April 14, 2023
`Miami, Florida
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`Respectfully submitted,
`WEIL, GOTSHAL & MANGES LLP
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`/s/ Edward Soto
`Edward Soto (Fla Bar. No. 0265144)
`1395 Brickell Avenue, Suite 1200
`Miami, FL 33131-3368
`Phone: (305)-577-3100
`Email: edward.soto@weil.com
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`Attorney for Defendant Shohei Ohtani
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`Case 1:22-cv-23753-KMM Document 157 Entered on FLSD Docket 04/14/2023 Page 6 of 6
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this April 14, 2023, I electronically filed the foregoing document
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`with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being
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`served this day on all counsel of record via transmission of Notices of Electronic Filing generated
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`by CM/ECF.
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`DATED: April 14, 2023
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`/s/ Edward Soto
`Edward Soto
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