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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`MIAMI DIVISION
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`CASE NO. 1:22-cv-23753-KMM
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`Plaintiffs,
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`EDWIN GARRISON, et al., on behalf of
`Themselves and all others similarly situated,
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`v.
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`SAM BANKMAN-FRIED, et al.,
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`Defendants.
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`_________________________________________/
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`PLAINTIFFS’ LIMITED RESPONSE TO DEFENDANT SAM BANKMAN-FRIED’S
`UNOPPOSED MOTION TO STAY, OR, ALTERNATIVELY, MOTION TO COMPEL
`ARBITRATION OR TO DISMISS AMENDED COMPLAINT [ECF NO. 152]
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`Plaintiffs file this limited response to Defendant Sam Bankman-Fried’s Unopposed Motion
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`to Stay, or, Alternatively, Motion to Compel Arbitration or to Dismiss Amended Complaint. ECF
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`No. 152. Specifically, Plaintiffs file this limited response to Defendant Bankman-Fried’s
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`Unopposed Motion to Stay.
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`Plaintiffs do not oppose staying this action only as to Defendant Bankman-Fried until the
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`conclusion of the trial against him in the criminal action pending in the Southern District of New
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`York (Case No. 22-cr-00673).1
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`As Defendant Bankman-Fried acknowledges in the Preliminary Statement of his Motion,
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`if the stay is granted as to Bankman-Fried, it is unnecessary to reach the alternative arguments in
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`his motion. In the event the Court decides not to stay this action against Defendant Bankman-
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`Fried, Plaintiffs will address the arguments raised in Defendant Bankman-Fried’s alternative
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`1 Plaintiffs submit that the stay against Defendant Bankman-Fried should not continue through his
`criminal appeals process. However, the Court need not reach that issue now.
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`Case 1:22-cv-23753-KMM Document 176 Entered on FLSD Docket 05/01/2023 Page 2 of 4
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`CASE NO. 1:22-cv-23753-KMM
`Motion to Compel Arbitration or to Dismiss Amended Complaint, either through moving for leave
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`to file an amended complaint or through filing an opposition brief by the Court’s May 15, 2023
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`briefing deadline.
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`CONCLUSION
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`Plaintiffs do not oppose Defendant Bankman-Fried’s request to Stay this action, albeit
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`Plaintiffs respectfully submit that it should be stayed only as to Defendant Bankman-Fried until
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`the conclusion of the criminal trial against him in the Southern District of New York (Case No. 22-
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`cr-00673). Plaintiffs reserve the right to respond to Defendant Bankman-Fried’s alternative Motion
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`to Compel Arbitration or to Dismiss Amended Complaint by the Court’s May 15, 2023 deadline
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`should it be necessary to do so in the event that the agreed stay is denied.
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`2
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`Case 1:22-cv-23753-KMM Document 176 Entered on FLSD Docket 05/01/2023 Page 3 of 4
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`Dated: May 1, 2023
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`CASE NO. 1:22-cv-23753-KMM
`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
`joseph@moskowitz-law.com
`THE MOSKOWITZ LAW FIRM, PLLC
`3250 Mary Street, Suite 202
`Coconut Grove, FL 33133
`Telephone: (305) 740-1423
`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
`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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`By: /s/Jose M. Ferrer
`Jose Ferrer
`Florida Bar No. 173746
`Michelle Genet Bernstein
`Florida Bar No. 1030736
`MARK MIGDAL HAYDEN LLP
`8 SW 8th Street, Suite 1999
`Miami, FL 33130
`Office: 305-374-0440
`jose@markmigdal.com
`michelle@markmigdal.com
`eservice@markmigdal.com
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`Co-Counsel for Plaintiff and the Class
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`3
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`Case 1:22-cv-23753-KMM Document 176 Entered on FLSD Docket 05/01/2023 Page 4 of 4
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`CASE NO. 1:22-cv-23753-KMM
`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the forgoing was filed on May 1, 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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`4
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