UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. 1:22-cv-23753-KMM

EDWIN GARRISON, et al., on behalf of 

themselves and all others similarly situated,

Plaintiffs, 

v. 

SAM BANKMAN-FRIED, et al.,

Defendants.

/

PLAINTIFFS’ RESPONSE TO THE “FTX CELEBRITY DEFENDANTS’”

EMERGENCY MOTION TO AMEND THE CASE MANAGEEMENT ORDER

On February 10, 2023, almost two months ago, this Court entered a Standard Order [D.E. 

49] in cases with multiple defendants. The same Order has been entered by Chief Judge Altonaga 

in the pending Garrison v. Paffrath, 23-20123 [D.E. 19] (against the “FTX Influencers”) and by 

Judge Roy Altman in Sizemore v. Zhao, 23-21261 [D.E. 8] (against Binance). Both of those Orders 

require the Defendants to file one Response to the Complaint in accordance with the rules of civil 

procedure. 

Plaintiffs take no position on whether the Court should allow the FTX Celebrity Defendants 

to: (a) increase the briefs to 65 and 30 pages, and (b) allow 30 days for Oppositions and Replies. 

Most of these Defendants have now been served for months, many of these arguments have been 

briefed in other related crypto cases, but Plaintiffs respectfully state that such decision is certainly 

for this Court to decide. However, Plaintiffs must take issue with the manner in which Defendants’ 

counsel proceeded with this Motion. 

On Thursday, April 6th, Mr. Carver left a voice message for 4 different Plaintiffs’ counsel 

and stated it was very important he talk to them about his Motion to Dismiss, which is due in 

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approximately one week. Undersigned Counsel were in the process of finalizing and filing a 

Motion to Serve FTX Celebrity Defendant Shaquille O’Neal with substitutes service, due to his 

evasive actions during the last 4 months.

Accordingly, Plaintiffs’ counsel suggested that the parties discuss the issue on Monday

April 10th, for several reasons, including because: (1) today, April 7th, is Good Friday, (2) we could 

not presume how the Court was going to decide the Motion for Mr. O’Neal (would be presumed 

served), and (3) we specifically asked Mr. Carver to let us know which FTX defendants he was 

speaking for, because we have had issues in the past (in fact, he just filed a new Notice of 

Appearance for FTX Defendant Adonis Haslem). Mr. Carver wrote back that we should not deal 

with any of other issues and sent us his draft Motion. He stated that he was filing today, whether 

he heard from us or not. 

As a result, Undersigned Counsel specifically wrote to Mr. Roberto Martinez, counsel for 

many of the FTC Celebrity Defendants, and signatory on all of the group pleadings in this matter. 

The email was sent at 10:55am this morning, enclosing a courtesy copy of our Motion for Mr. 

O’Neal and asked him specifically to: “Just let us know any good time to set a Zoom and we can 

discuss organizing this matter. Thx., Adam.” That email was never mentioned in Mr. Carver’s 

Local Rule 7.1 Certification, so either Mr. Martinez and Mr. Carver have not spoken, or the email 

was simply left out. Undersigned Counsel simply hope that we can have more cooperation and 

professionalism as we advance in this litigation. 

. Dated: April 7, 2023 Respectfully submitted,

By: /s/ Adam Moskowitz

Adam M. Moskowitz

Florida Bar No. 984280

adam@moskowitz-law.com 

Joseph M. Kaye

Florida Bar No. 117520

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joseph@moskowitz-law.com

THE MOSKOWITZ LAW FIRM, PLLC

2 Alhambra Plaza, Suite 601

Coral Gables, FL 33134 

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

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

Co-Counsel for Plaintiff and the Class

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the forgoing was filed on April 7, 2023, via 

the Court’s CM/ECF system, which will send notification of such filing to all attorneys of record.

By: /s/ Adam M. Moskowitz______

 ADAM M. MOSKOWITZ

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