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Case 1:22-cv-23753-KMM Document 166 Entered on FLSD Docket 05/01/2023 Page 1 of 3
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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 themselves
`and all others similarly situated
`
`
`Plaintiffs,
`
`v.
`
`SAM BANKMAN-FRIED, et al.,
`
`
`
`
`
`
`
`
`
`Defendants.
`
`___________________________________________/
`
`SPECIALLY APPEARING DEFENDANT SAM TRABUCCO’S NOTICE OF
`PLAINTIFFS’ NON-OPPOSITION TO MR. TRABUCCO’S MOTION TO DISMISS
`
`
`
`Specially Appearing Defendant Sam Trabucco respectfully submits this notice of
`
`Plaintiffs’ non-opposition to Mr. Trabucco’s April 14, 2023 motion to dismiss.
`
`RELEVANT PROCEDURAL HISTORY
`
`On April 14, 2023, Mr. Trabucco moved to dismiss all of the claims against him for
`
`improper service, lack of personal jurisdiction, or alternatively, failure to state a claim. ECF
`
`No. 155. This Court did not enter (nor did Plaintiffs request) any order modifying or extending
`
`the default deadline for Plaintiffs to respond in opposition to Mr. Trabucco’s motion to
`
`dismiss.1 As a result, Local Rule 7.1(c)(1)’s default 14-day deadline governed Plaintiffs’ time
`
`to respond to Mr. Trabucco’s motion to dismiss.
`
`
`1 The Court’s April 11, 2023 order (ECF No. 132) set a modified briefing schedule only for the
`
`Celebrity Defendants’ motions to dismiss. Mr. Trabucco is not a Celebrity Defendant, and Mr.
`
`Trabucco did not join in the Celebrity Defendants’ April 7, 2023 motion (ECF No. 125) that
`
`the April 11, 2023 order (ECF No. 132) resolved.
`
`
`
`1
`
`

`

`Case 1:22-cv-23753-KMM Document 166 Entered on FLSD Docket 05/01/2023 Page 2 of 3
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`The 14-day response deadline passed on April 28, 2023, and Plaintiffs elected not to
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`respond to Mr. Trabucco’s motion to dismiss. Accordingly, Mr. Trabucco’s motion to dismiss
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`should be deemed unopposed and granted on that independent basis as well as for the reasons
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`detailed in Mr. Trabucco’s unopposed motion to dismiss. See Local Rule 7.1(c)(1) (“Failure to
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`[timely file a response] may be deemed sufficient cause for granting the motion by default.”).
`
`CONCLUSION
`
`
`
`Mr. Trabucco’s unopposed motion to dismiss should be granted, and all claims against
`
`Mr. Trabucco should be dismissed for improper service, lack of personal jurisdiction, or
`
`alternatively, for failure to state a claim upon which relief can be granted.
`
`Respectfully submitted on May 1, 2023.
`
`/s/ Jonathan S. Klein
`Jonathan S. Klein
`Florida Bar No. 125254
`MAYER BROWN LLP
`1999 K. Street NW
`Washington, DC 20006
`Phone: (202) 263-3327
`JKlein@mayerbrown.com
`and
`/s/ Glenn K. Vanzura
`Glenn K. Vanzura*
`Andrew J. Demko*
`Jason D. Linder*
`Joseph J. Vescera*
`
`MAYER BROWN LLP
`333 S. Grand Avenue, 47th Floor
`Los Angeles, CA 90071
`Phone: (213) 229-9500
`GVanzura@mayerbrown.com
`ADemko@mayerbrown.com
`JLinder@mayerbrown.com
`JVescera@mayerbrown.com
`
`
`
`
`
`Counsel for Specially Appearing Defendant
`Sam Trabucco
`
`* = pro hac vice motion pending
`
`
`
`
`
`2
`
`

`

`Case 1:22-cv-23753-KMM Document 166 Entered on FLSD Docket 05/01/2023 Page 3 of 3
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`
`CERTIFICATE OF SERVICE
`
`
`
`I certify that I filed this notice on May 1, 2023, through CM/ECF, which automatically
`
`and electronically delivered notice of filing to counsel of record for all parties that have
`
`appeared.
`
`/s/ Jonathan S. Klein
`
`
`
`
`
`3
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`

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