`
`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,
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`Plaintiffs,
`
`
`v.
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`SAM BANKMAN-FRIED, et al.,
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`Defendants.
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`/
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`DEFENDANT SHAQUILLE O’NEAL’S NOTICE OF JOINDER TO MOTION TO
`DISMISS BY DEFENDANTS THOMAS BRADY, GISELE BÜNDCHEN, STEPHEN
`CURRY, LAWRENCE GENE DAVID, THE GOLDEN STATE WARRIORS, LLC,
`UDONIS HASLEM, WILLIAM TREVOR LAWRENCE, SHOHEI OHTANI,
`KEVIN O’LEARY, DAVID ORTIZ, AND NAOMI OSAKA
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`Defendant Shaquille O’Neal, pursuant to Fed. R. Civ. P. 8(a), 9(b), and 12(b)(6), files this
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`Notice of Joinder to Motion to Dismiss By Defendants Thomas Brady, Gisele Bündchen, Stephen
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`Curry, Lawrence Gene David, The Golden State Warriors, LLC, Udonis Haslem, William Trevor
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`Lawrence, Shohei Ohtani, Kevin O’Leary, David Ortiz, and Naomi Osaka (“Moving Defendants’
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`Motion to Dismiss”) (ECF No. 154), and states as follows:
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`Plaintiffs’ Amended Complaint mentions Mr. O’Neal on only two occasions—first in a
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`single paragraph identifying the parties, in which Plaintiffs allege that Mr. O’Neal, a former
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`professional NBA basketball star, is a citizen and resident of Texas, see Am. Compl. ¶ 38, ECF
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`No. 16, and second, in a single paragraph alleging that Mr. O’Neal stated in a video posted on
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`FTX’s Twitter account that “I’m excited to be partnering with FTX to help make crypto accessible
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`for everyone. I’m all in. Are you?,” id. ¶ 224.
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`1
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`Case 1:22-cv-23753-KMM Document 190 Entered on FLSD Docket 05/08/2023 Page 2 of 4
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`Plaintiffs nonetheless include Mr. O’Neal in each of the four claims against all Defendants,
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`including violations of Fla. Stat. § 517.07 (Florida Securities and Investor Protection Act) (Count
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`One), violations of Fla Stat. § 501.201 et seq. (Florida Deceptive and Unfair Trade Practices Act)
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`(Count Two), Civil Conspiracy (Count Three), and a declaratory judgment claim under Fla. Stat.
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`§ 86.011 et. seq. (Declaratory Judgment Act) (Count Four). There are no specific alleged facts
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`tying any act by Mr. O’Neal to any of the four claims alleged by Plaintiff or any Plaintiff’s injury.
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`Mr. O’Neal adopts and incorporates the Moving Defendants’ Motion to Dismiss in full as
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`if fully set forth herein by virtue of this Joinder.
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`WHEREFORE, Mr. O’Neal respectfully requests that the Court dismiss the Amended
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`Complaint against him with prejudice, award him attorneys’ fees and costs pursuant to Fla. Stat.
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`§§ 501.2105(1) and 517.211(6), and grant him such other and further relief as the Court deems just
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`and proper.
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` Respectfully submitted,
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`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
`
`2
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`Case 1:22-cv-23753-KMM Document 190 Entered on FLSD Docket 05/08/2023 Page 3 of 4
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`
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`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
`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
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`Attorneys for Defendant Shaquille O’Neal
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`3
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`Case 1:22-cv-23753-KMM Document 190 Entered on FLSD Docket 05/08/2023 Page 4 of 4
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`CERTIFICATE OF SERVICE
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`I HEREBY CERTIFY that on May 8, 2023, a true and correct copy of the foregoing was
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`filed electronically with the Clerk of the Court, by using the CM/ECF system, causing a true and
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`correct copy to be served on all counsel of record.
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`By: /s/ Roberto Martínez
`Roberto Martínez
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`4
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