Exhibit A

Case 1:22-cv-23753-KMM Document 87-1 Entered on FLSD Docket 03/09/2023 Page 1 of 6
BEFORE THE UNITED STATES 

JUDICIAL PANEL ON MULTIDISTRICT LITIGATION 

IN RE: FTX COLLAPSE LITIGATION MDL Docket ________

PETITIONERS’, EDWIN GARRISON’S, GREGG PODALSKY’S, SKYLER 

LINDEEN’S, ALEXANDER CHERNYAVKSY’S, SUNIL KAVURI’S, GARY 

GALLANT’S, AND DAVID NICOL’S MOTION FOR TRANSFER OF RELATED

ACTIONS TO THE SOUTHERN DISTRICT OF FLORIDA

Petitioners, Edwin Garrison, Gregg Podalsky, Skyler Lindeen, Alexander Chernyavksy, 

Sunil Kavuri, Gary Gallant, and David Nicol (the “Petitioners”) hereby move for entry of an order 

transferring the Related Actions (described below) to the United States District Court for the

Southern District of Florida for coordinated and consolidated pretrial proceedings pursuant to 28

U.S.C. § 1407 and Rule 6.2 of the Rules of Procedure for the Judicial Panel on Multidistrict

Litigation. This Motion is supported by the accompanying Brief and Schedule of Actions. In 

support of the motion, Petitioners state:

1. To date, Undersigned Counsel have two pending, and already consolidated class 

action cases related to the collapse of the FTX cryptocurrency trading platform pending before the 

Honorable K. Michael Moore in the Southern District of Florida, including Garrison, et al. v. 

Bankman-Fried, et al., No. 1:22-cv-23753-KMM (S.D. Fla.) and Podalsky, et al. v. BankmanFried, et al., No. 1:22-cv-23983-KMM (S.D. Fla.). Undersigned Counsel organized and 

consolidated various different complaints and plaintiffs that were all filed in various state and 

federal courts in the state of Florida.

2. Garrison was filed on November 15, 2022, and is the first-filed FTX-related class 

action filed in the country, which represents the only putative nationwide class of FTX customers

against these 6 FTX Insiders and 12 Brand Ambassadors, and the consolidated proceedings also 

include representation of a putative global class of FTX customers. Both Complaints are supported 

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by extensive Expert Testimony, attesting that all FTX interest accounts were the sale of 

unregistered securities.

3. Undersigned Counsel also filed individual FTX actions in state court in the 

Eleventh Judicial Circuit in and for Miami-Dade County (“Florida State Actions”), which were 

also all consolidated on December 5, 2022 in the Complex Business Division before the Honorable 

Michael Hanzman. The individual Plaintiffs in the Florida State Actions already served discovery, 

have pending a Motion for Partial Summary Judgment (namely that the individual accounts 

constitute the sale of unregistered securities) and Judge Hanzman already set an upcoming Case 

Management Conference.

4. Just this week, Defendants in the Florida State Actions removed those individual 

cases to the Southern District of Florida, seek to transfer those cases to Judge Moore and Plaintiffs’

Motion to Remand is now pending before Chief Judge Cecilia M. Altonaga in Norris, et al. v. 

Thomas Brady, et al., No. 1:23-cv-20439-CMA (S.D. Fla.). Both Judge Moore and Chief Judge 

Altonaga have taken active roles in presiding over these consolidated proceedings.

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5. Several other FTX putative class actions, against different Defendants, were 

recently filed in the Northern District of California and the Southern District of California, and 

these include the following cases:

a. Papadakis, et al. v. Bankman-Fried, et al., No. 3:23-cv-00024 (N.D. Cal.)

b. Jessup v. Bankman-Fried, et al., No. 3:22-cv-07666 (N.D. Cal.)

1 Related litigation against failed cryptocurrency platform Voyager Digital, and various third-party 

defendants, has been actively litigated in the Southern District of Florida before Chief Judge 

Cecilia Altonaga and The Honorable Roy Altman, in Cassidy v. Voyager Digital Ltd., et al., Case 

No. 21-24441-CIV-ALTONAGA/Torres and Robertson, et al. v. Mark Cuban, et al., No. 22-cv22538-ALTMAN/Reid. A trial date has already been sent in the Robertson Action. The paramount 

question in the Voyager litigation is extremely similar to the paramount question in the FTX cases, 

namely whether the interest bearing accounts and/or each platform’s native cryptocurrency tokens

are securities that should have been registered with securities regulators.

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c. Pierce v. Bankman-Fried, et al., No. 3:22-cv-07444 (N.D. Cal.)

d. Lam v. Bankman-Fried, et al., No. 3:22-cv-07336 (N.D. Cal.)

e. Gonzalez v. Silvergate Bank, et al., No. 3:22-cv-01981 (S.D. Cal.)

f. Sepulveda, et al. v. Silvergate Capital Corp., et al., No. 3:22-cv-01901 (S.D. Cal.)

(voluntarily dismissed February 9, 2023)

g. Husary, et al. Silvergate Capital Corp., et al., No. 3:23-cv-00038 (S.D. Cal.)

(voluntarily dismissed February 9, 2023)

6. Some other federal FTX claims have been filed, and more subsequently filed “tagalong” actions are anticipated to be filed, in these and possibly other district courts across the 

country (collectively, the “Related Actions”). 

7. As required by 28 U.S.C. § 1407(a), the Related Actions proposed for transfer and 

coordination “involve[] one or more common questions of fact,” including: 

(a) whether the FTX Entities operated a Ponzi scheme from their domestic 

headquarters in Miami;

(b) whether all of the Yield-Bearing Accounts (“YBAs”), native FTT cryptocurrency 

token, or other assets offered or sold by Defendants were unregistered securities; 

(c) whether Defendants’ participation and/or actions in FTX’s offerings and sales of 

YBAs violate the provisions of the Securities Act and analogous Florida state 

securities law;

(d) the type and measure of damages suffered by Plaintiffs and the Classes;

(a) whether Defendants’ practices violate the Florida Deceptive and Unfair Trade 

Practices Act (“FDUTPA”) and/or analogous and applicable state consumer 

protection statutes; 

(b) whether Plaintiffs and Class members have sustained monetary loss and the proper 

measure of that loss;

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(c) whether Plaintiffs and Class members are entitled to consequential damages, 

punitive damages, Florida statutory damages, disgorgement, and/or other legal or 

equitable appropriate remedies as a result of Defendants’ conduct. 

8. Almost all of the new cases have been filed over the course of the last four months, 

and many have yet to be filed, but are anticipated to be filed in the coming weeks and months.

Thus, there is sufficient numerosity to support transfer of the Related Actions for coordinated 

pretrial proceedings. 

9. Transfer of the actions will prevent duplication of discovery, eliminate the 

possibility of conflicting pretrial rulings, and conserve party and judicial resources.

10. The United States District Court for the Southern District of Florida is the most 

appropriate forum for consolidation of the actions because, inter alia, (1) the FTX entities was 

based in the Southern District of Florida; (2) the Southern District of Florida has extensive 

experience with cases of this type; and (3) that is the District where Garrison, the first-filed, 

consolidated class action has been actively presided over by Judge Moore, as well as Norris, the 

consolidated Florida State Actions, which are now being actively presided over by Chief Judge 

Altonaga. Similarly, Judge Altman has substantial experience presiding over similar complex 

matters, as he is currently presiding over the Robertson litigation and is not currently presiding 

over an MDL. Each of these Judges are highly capable judges who have significant experience in 

the subject matter of the litigation and all of the legal issues involved.

Accordingly, the Petitioners respectfully requests that the Panel transfer the Related 

Actions to the Southern District of Florida for consolidation and coordinated pre-trial proceedings. 

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Dated: February 10, 2023 Respectfully submitted,

By: /s/ Adam Moskowitz

Adam M. Moskowitz

Joseph M. Kaye

THE MOSKOWITZ LAW FIRM, PLLC

2 Alhambra Plaza, Suite 601

Coral Gables, FL 33134 

Telephone: (305) 740-1423

adam@moskowitz-law.com 

joseph@moskowitz-law.com

By: /s/ David Boies

David Boies

Alex Boies

Brooke Alexander

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

BOIES SCHILLER FLEXNER LLP

100 SE 2nd St., Suite 2800

Miami, FL 33131

Office: 305-539-8400

szack@bsfllp.com

By: /s/Jose M. Ferrer

Jose M. Ferrer

MARK MIGDAL & HAYDEN

80 S.W. 8th Street, Suite 1999

Miami, Florida 33130

Telephone: (305) 374-0440

jose@markmigdal.com 

eservice@markmigdal.com

Co-Counsel for Petitioners, Edwin Garrison, 

Gregg Podalsky, Skyler Lindeen, Alexander 

Chernyavksy, Sunil Kavuri, Gary Gallant, and 

David Nicol

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