Exhibit 1

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

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 PLAINTIFF’S NOTICE OF TAKING 

VIDEOTAPED DEPOSITION OF DEFENDANT STEPHEN CURRY 

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

Local Rules, and Rule III.G of Judge Becerra’s Discovery Procedures (the “Discovery 

Procedures”), and without waiving any objections previously raised by Defendants, defendant 

Stephen Curry hereby objects to the deposition notice purporting to require Mr. Curry to appear 

and provide testimony in this matter on May 9, 2023 (the “Notice”), as follows: 

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

not been properly served on Mr. Curry; 

2. Mr. Curry 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), the 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. Curry objects to any discovery proceeding at this time. 

3. Mr. Curry objects to the Notice and deposition on the grounds that the Notice is 

allegedly for the purpose of securing “jurisdictional discovery,” but Plaintiff’s motion seeking 

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

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

jurisdictional discovery can proceed unless and until that motion has been ruled upon by Judge 

Moore. 

Case 1:22-cv-23753-KMM Document 195-1 Entered on FLSD Docket 05/10/2023 Page 2 of 4
4. Mr. Curry 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 failed to provide reasonable 

written notice of the deposition. 

5. Mr. Curry 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. Curry 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. Curry objects to the Notice pursuant to Federal Rule of Civil Procedure 26(c) 

and Rule III.G of the Discovery Procedures on the grounds that Mr. Curry is unavailable to 

appear and give testimony at the time and date set forth in the Notice. Among other things, Mr. 

Curry and his team, the Golden State Warriors, are presently in the NBA Playoffs, which are 

presently scheduled to run through mid-June 2023. Requiring Mr. Curry to appear and give 

testimony during the pendency of the playoffs is unduly burdensome, harassing, and oppressive, 

and would cause irreparable harm. 

7. Mr. Curry 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 Plaintiff has provided 

fewer than 11 days’ notice of the deposition, and Mr. Curry 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. Curry. Requiring Mr. Curry 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.

 Respectfully submitted,

Case 1:22-cv-23753-KMM Document 195-1 Entered on FLSD Docket 05/10/2023 Page 3 of 4
McDERMOTT WILL & EMERY LLP

333 SE 2nd Ave., Suite 4500 

Miami, Florida 33131 

Telephone: (212) 547-5768 

Facsimile: (305) 347-6500 

By: /s/ Nathan Bull 

Nathan Bull (Fla. Bar No. 1029523) 

 nbull@mwe.com 

McDERMOTT WILL & EMERY LLP

Jason D. Strabo (pro hac vice) 

 jstrabo@mwe.com 

Ellie Hourizadeh (pro hac vice) ehourizadeh@mwe.com

2049 Century Park East, Suite 3200 

Los Angeles, CA 90067 

Telephone: (310) 788-4125 

Facsimile: (310) 277-4730 

McDERMOTT WILL & EMERY LLP

Sarah P. Hogarth (pro hac vice) 

 shogarth@mwe.com 

500 North Capitol Street NW 

Washington, DC 20001 

Telephone: (202) 756-8354 

Facsimile: (202) 756-8087 

Attorneys for Defendant Stephen Curry

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