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.

/

UNOPPOSED MOTION FOR LEAVE TO FILE UNDER 

SEAL AN EXHIBIT TO LARRY DAVID’S DECLARATION IN 

SUPPORT OF MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION

Per Local Rule 5.4, Defendant Lawrence David moves unopposed for leave to file under 

seal a confidential exhibit in support of his Declaration filed as an attachment to Defendants 

Golden State Warriors, LLC, Larry David, Stephen Curry, Shohei Ohtani, and Naomi Osaka’s 

Motion to Dismiss for Lack of Personal Jurisdiction. (See ECF No. 139-2.)

1. The Declaration filed contemporaneously herewith includes as Exhibit A a contract 

between Mr. David and various FTX entities. 

2. Generally, the presumption in this District is that proceedings are public and Court 

filings are a matter of public record. S.D. Fla. L.R. 5.4(a). However, the public’s right of access 

is not absolute and “may be overcome by a showing of good cause, which requires balancing the 

asserted right of access against the other party’s interest in keeping the information confidential.” 

Romero v. Drummond Co., Inc., 480 F.3d 1234, 1246 (11th Cir. 2007) (internal quotations and 

citations omitted).

Case 1:22-cv-23753-KMM Document 146 Entered on FLSD Docket 04/14/2023 Page 1 of 4
3. In balancing these interests to determine whether documents should be placed under 

seal, courts consider “whether allowing access would impair court functions or harm legitimate 

privacy interests, the degree of and likelihood of injury if made public, the reliability of the 

information, whether there will be an opportunity to respond to the information, whether the 

information concerns public officials or public concerns, and the availability of a less onerous 

alternative to sealing the documents.” Id. “A party’s privacy or proprietary interest in information 

sometimes overcomes the interest of the public in accessing the information.” Id.

4. Here, Mr. David’s contract contains confidentiality provisions that prohibit him 

from disclosing to any third party the financial or other material terms of the contract. The contract 

also contains commercially sensitive and personal information regarding the terms of Mr. David’s 

services and intellectual property. Disclosure of the agreement (and terms thereof) could violate 

Mr. David’s confidentiality obligations and cause irreparable harm to his personal and commercial 

interests. Thus, to honor Mr. David’s obligations under the agreement, and to protect 

commercially sensitive information, he requests leave to file Exhibit A to his Declaration under 

seal.

5. Mr. David requests that the Court maintain this record under seal until the 

conclusion of this case and further order of the Court. 

For the foregoing reasons, Mr. David respectfully requests leave to file Exhibit A to his 

Declaration under seal.

Case 1:22-cv-23753-KMM Document 146 Entered on FLSD Docket 04/14/2023 Page 2 of 4
LOCAL RULE 7.1(A)(3) CERTIFICATION

Pursuant to Local Rule 7.1(a)(3), counsel for Mr. David certifies that they conferred with

counsel for Plaintiffs, on April 13, 2023. Plaintiffs’ counsel stated: “we certainly do not oppose 

to [sic] your filing, and we can certainly deal with the document, after we have the chance to 

review it and we will let you know if we think it needs/should be filed not under seal and can talk.” 

Dated: April 14, 2023 Respectfully submitted,

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

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

Case 1:22-cv-23753-KMM Document 146 Entered on FLSD Docket 04/14/2023 Page 3 of 4
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

Attorneys for Defendant Lawrence David

Case 1:22-cv-23753-KMM Document 146 Entered on FLSD Docket 04/14/2023 Page 4 of 4