Case 1:22-cv-23753-KMM Document 158 Entered on FLSD Docket 04/14/2023 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
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`Case No. 22-cv-23753-MOORE/BECERRA
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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.
`SAM BANKMAN-FRIED, et al.,
`Defendants.
`___________________________________/
`DEFENDANT WILLIAM TREVOR LAWRENCE’S
`INDIVIDUAL MOTION TO DISMISS
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`Defendant William Trevor Lawrence (“Mr. Lawrence”), pursuant to Rule 12(b)(6) and
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`the Court’s Order Granting in Part the Celebrity Defendants’ (the “Defendants”) Motion to Set
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`Briefing Page Limits and Briefing Schedule for their Motion to Dismiss [ECF No. 132], hereby
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`files this Individual Motion to Dismiss and states as follows.
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`INTRODUCTION
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`The crux of this lawsuit concerns the core allegation that Defendants sold or other
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`otherwise personally participated in the purchase and sale of FTX’s yield-bearing accounts
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`(“YBAs”), which Plaintiffs allege are unregistered securities. In support of their claims, Plaintiffs
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`purport to identify a series of representative statements and advertisements attributed to the
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`Defendants. There is, however, not a single allegation that even suggests Mr. Lawrence did
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`anything to sell or otherwise personally participate in the purchase and sale of a single YBA by
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`FTX. As such, the Amended Complaint should be dismissed as to Mr. Lawrence.1
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`1 Hereinafter, all emphasis is added unless noted otherwise.
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`Case 1:22-cv-23753-KMM Document 158 Entered on FLSD Docket 04/14/2023 Page 2 of 4
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`ARGUMENT
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`Plaintiffs allege the Defendants themselves sold YBAs. But as currently pleaded, not one
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`of the advertisements referenced in the Complaint directly promotes or even references the
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`purchase and sale of a YBA. Not one.
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`But the allegations against Mr. Lawrence are particularly inadequate. To wit, the exhibits
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`attached to the Complaint contradict the claim that Mr. Lawrence entered into an agreement with
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`FTX. Even more, they fail to allege that Mr. Lawrence engaged in any kind of promotions at all,
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`much less did he sell or other personally participate in the purchase and sale of YBAs.
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`Indeed, there is only a single paragraph in the Complaint that contains any allegations
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`whatsoever regarding Mr. Lawrence. It contains only two sentences. Neither sets forth facts
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`sufficient to survive dismissal.
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`In the first sentence of ¶ 225, Plaintiffs allege that Mr. Lawrence became a brand
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`ambassador for FTX in April 2021. But the source authority Plaintiffs cite reveals that is not
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`entirely accurate. To be sure, footnote 136 links to a tweet announcing a partnership of some kind
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`between Mr. Lawrence and “Blockfolio” – not FTX. And it shows a picture of Mr. Lawrence
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`holding up a jersey that says “Blockfolio” across the chest. But Plaintiffs make no attempt to
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`explain the relationship between FTX and “Blockfolio” (even though there plainly is one).
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`Even more, the tweet does not refer to any actual promotions on the part of Mr. Lawrence.
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`Rather, it suggests that Mr. Lawrence agreed to do promotions – in the future. There is, however,
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`nothing to suggest that Mr. Lawrence did any promotional work for “Blockfolio” (or FTX for that
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`matter) – much less anything that reasonably could be construed as Mr. Lawrence having sold or
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`other otherwise personally participated in the purchase and sale of YBAs by FTX.
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`2
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`Case 1:22-cv-23753-KMM Document 158 Entered on FLSD Docket 04/14/2023 Page 3 of 4
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`The second sentence of ¶ 225 quotes a news article as stating “Trevor is someone people
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`can have a personal and human connection with for [FTX] and to the crypto space.” That is,
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`however, not accurate. Inserting “FTX” in the bracket is advocacy – not a quote.
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`To be clear, the article cited in footnote 137 promotes a deal between Mr. Lawrence and
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`“Blockfolio” – not FTX. Indeed, the title of the article states Trevor Lawrence signed an
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`endorsement deal with “Blockfolio.” The first sentence references a deal between Mr. Lawrence
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`and “Blockfolio.” The article quotes Mr. Lawrence as stating he is excited to be teaming up with
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`“Blockfolio.” And the aforementioned quote reproduced in the Complaint is from Sina Nader –
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`the COO of “Blockfolio.” She is quoted as saying that “Trevor is someone people can have a
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`personal and human connection with for us and to the crypto space.” Plaintiffs suggest “us” is a
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`reference to FTX. It is not. Clearly, “us” is a reference to “Blockfolio” – not FTX.
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`But above all else, the article fails to validate the allegation that Mr. Lawrence did any
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`actual promotional work – for anyone. Indeed, the article does no more than announce a
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`partnership to do promotional work in the future. But there is not a single allegation to suggest
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`that Mr. Lawrence did any promotional work of any kind, much less anything that reasonably
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`could be construed as Mr. Lawrence having sold or otherwise personally participated in the
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`purchase and sale of YBAs by FTX.
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`CONCLUSION
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`To survive dismissal, the Complaint should, at the very least, provide specific allegations
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`of at least two core facts: (1) that each Defendant entered into an agreement with FTX; and (2) that
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`each Defendant engaged in promotional activities whereby that Defendant sold or otherwise
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`personally participated in the sale of YBAs – by FTX. But as regards Mr. Lawrence, the Amended
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`Complaint does neither. In fact, the allegations pleaded disavow those facts. As such, all claims
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`pleaded against Mr. Lawrence should be dismissed with prejudice
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`3
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`Case 1:22-cv-23753-KMM Document 158 Entered on FLSD Docket 04/14/2023 Page 4 of 4
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` Respectfully submitted,
`DIMOND KAPLAN & ROTHSTEIN, P.A.
`Offices at Grand Bay Plaza
`2665 South Bayshore Drive, PH-2B
`Miami, Florida 33133
`Telephone:
`(305) 374-1920
`Facsimile:
`(305) 374-1961
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`By: /s/ David A. Rothstein
`David A. Rothstein, Esq.
`Fla. Bar No. 995762
`DRothstein@dkrpa.com
`Alexander M. Peraza, Esq.
`Fla. Bar No. 107044
`APeraza@dkrpa.com
`Eshaba Jahir-Sharuz, Esq.
`Fla. Bar No. 1038846
`Eshaba@dkrpa.com
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` MCANGUS GOUDELOCK & COURIE LLC
`2000 Market Street, Suite 780
`Philadelphia, PA 19103
`Telephone:
`(484) 406-4334
`Facsimile:
`(215) 501-5374
`Eric A. Fitzgerald (pro hac vice)
`eric.fitzgerald@mgclaw.com
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`Hillary N. Ladov (pro hac vice)
` hillary.ladov@mgclaw.com
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`Attorneys for Defendant
`WILLIAM TREVOR LAWRENCE
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`Dated: April 14, 2023
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