Exhibit 4

Case 1:22-cv-23753-KMM Document 195-4 Entered on FLSD Docket 05/10/2023 Page 1 of 3
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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,

Plaintiffs,

v.

SAM BANKMAN-FRIED, et al.,

Defendants.

/

OBJECTIONS AND RESPONSES TO PLAINTIFFS’ NOTICE OF TAKING 

VIDEOTAPED DEPOSITION OF DEFENDANT SHOHEI OHTANI

Pursuant to Rules 26, 30, and 32 of the Federal Rules of Civil Procedure, Rule 26.1 of the 

Local Rules of the Southern District of Florida, and Rule III.G of Judge Becerra’s Discovery 

Procedures (the “Discovery Procedures”), and without waiving any objections previously raised 

by Defendants (including through email or otherwise), Defendant Shohei Ohtani hereby objects to 

the deposition notice purporting to require Mr. Ohtani to appear and provide testimony in this 

matter on May 12, 2023 (the “Notice”), as follows:

1. Mr. Ohtani objects to the Notice and deposition on the grounds that the Notice has 

not been properly served on Mr. Ohtani.

2. Mr. Ohtani objects to the Notice and deposition on the grounds that the Non-FTX 

Defendants in this matter have moved to stay all discovery pending the Court’s resolution of the 

Non-FTX Defendants’ pending motions to dismiss (See ECF 162) (the “Motion to Stay”). Under 

Chudasama v. Mazda Motor Corp., 123 F.3d 1353, 1368 (11th Cir. 1997), further case law cited 

in the Non-FTX Defendants’ Motion to Stay, and for such other and further reasons as set forth in 

the Motion to Stay, Mr. Ohtani objects to any discovery proceeding at this time.

3. Mr. Ohtani objects to the Notice and deposition on the grounds that Plaintiffs allege 

the purpose of the noticed deposition is to secure “jurisdictional discovery,” but Plaintiffs’ motion 

seeking leave to conduct such discovery (ECF 163) has not yet been heard or granted by the Court.

Plaintiffs’ effort to conduct “jurisdictional discovery” is therefore premature, and no such 

jurisdictional discovery can proceed unless and until Judge Moore grants Plaintiffs’ requested 

leave.

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4. Mr. Ohtani objects to the Notice and deposition pursuant to Rule 30(b)(1) of the 

Federal Rules of Civil Procedure on the grounds that the Notice fails to provide reasonable written

notice of the deposition. 

5. Mr. Ohtani objects to the Notice and deposition pursuant to Rule 26.1(h) of the 

Local Rules on the grounds that the Notice purports to require Mr. Ohtani to appear and provide 

testimony out-of-state, but Plaintiffs have failed to provide at least fourteen (14) days’ written 

notice, and the Notice is therefore not in compliance with Local Rule 26.1(h).

6. Mr. Ohtani objects to the Notice and deposition pursuant to Federal Rule of Civil 

Procedure 26(c) and Rule III.G of the Discovery Procedures on the grounds that Mr. Ohtani is 

unavailable to appear and give testimony at the time and date set forth in the Notice. Among other 

things, Mr. Ohtani is presently in the midst of the MLB season, and on May 12, Mr. Ohtani will 

be in Cleveland, Ohio. Requiring Mr. Ohtani to appear and give testimony in the middle of the 

MLB season is unduly burdensome, harassing, and oppressive, and would cause irreparable harm. 

7. Mr. Ohtani objects to the Notice and deposition on the grounds that Mr. Ohtani 

does not speak English sufficient to conduct a deposition in English and the Notice does not specify 

whether Plaintiffs intend to conduct the deposition with the use of an interpreter, without which 

would be unduly burdensome, harassing, and oppressive, and would cause irreparable harm to Mr. 

Ohtani.

8. Mr. Ohtani objects to the Notice pursuant to Rule 26.1(h) of the Local Rules and 

Rule 32(a)(5)(A) of Federal Rules of Civil Procedure on the grounds that Plaintiffs have provided 

fewer than 11 days’ notice of the deposition, Mr. Ohtani has complied with the requirements of 

Rule III.G of the Discovery Procedures, and, accordingly, any deposition conducted on that date 

cannot be used against Mr. Ohtani. Requiring Mr. Ohtani to appear and give testimony at a 

deposition that cannot be used in the action is unduly burdensome, harassing, and oppressive, and 

would cause irreparable harm.

DATED: May 3, 2023

Miami, Florida

WEIL, GOTSHAL & MANGES LLP

/s/ Edward Soto

Edward Soto (Fla Bar. No. 0265144)

1395 Brickell Avenue, Suite 1200

Miami, FL 33131-3368

Phone: (305)-577-3100

Email: edward.soto@weil.com

Attorney for Defendant Shohei Ohtani

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