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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’ RESPONSE TO ORDER TO SHOW CAUSE [ECF NO. 201]
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`First, Plaintiffs respectfully submit that if the Court grants their Motion for Leave to
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`Amend the Complaint, [ECF No. 198], the current motions to dismiss will be rendered moot and
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`no discovery is necessary at this stage.
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`Second, if the Court grants Plaintiffs leave to file their Amended Complaint and any FTX
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`Defendant decides to renew any arguments, and/or raise additional arguments as to personal
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`jurisdiction directed to that Amended Complaint, even in light of this new jurisdictional
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`information, Plaintiffs respectfully submit that brief jurisdictional discovery (brief depositions and
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`targeted discovery) may be necessary, consistent with the orders on discovery entered by Chief
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`Judge Altonaga, Judge Altman, and Magistrate Judge Reid in the related Voyager Digital class
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`actions pending before this Court.
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`Third, in the event that the Court does not grant Plaintiffs’ leave to amend their complaint,
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`Plaintiffs respectfully request discovery, including but not limited to, jurisdictional discovery
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`sought in Plaintiffs’ pending Motion for Leave to take Jurisdictional Discovery, [ECF No. 163],
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`so Plaintiffs have an opportunity to provide the required evidentiary basis to rebut Defendants’
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`declarations and arguments as to the jurisdictional allegations. That evidentiary basis would
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`Case 1:22-cv-23753-KMM Document 202 Entered on FLSD Docket 05/12/2023 Page 2 of 3
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`CASE NO. 1:22-cv-23753-KMM
`include, for example, the facts relating to the new jurisdictional allegations that Plaintiffs have
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`now included in their proposed Amended Complaint, the acts of Defendants and/or their agents in
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`connection with their relationships with FTX Defendants’ promotional activities actually
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`undertaken in accordance with the agreement that were targeted at, or able to be viewed in, Florida,
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`copies of the actual FTX Agreements (that have not yet to be produced), facts bearing on the
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`veracity of their statements their respective declarations filed in connection with their motions to
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`dismiss and documenting acts taken by FTX’s own agents and employees, such as Messrs. Dabir
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`and Friedberg, regarding these specific FTX Brand Ambassador Agreements.
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`Dated: May 12, 2023
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` 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
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`2
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`Case 1:22-cv-23753-KMM Document 202 Entered on FLSD Docket 05/12/2023 Page 3 of 3
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`CASE NO. 1:22-cv-23753-KMM
`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
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`Co-Counsel for Plaintiff and the Class
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the forgoing was filed on May 12, 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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`3
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