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 ORDER TO SHOW CAUSE [ECF NO. 201] 

First, Plaintiffs respectfully submit that if the Court grants their Motion for Leave to 

Amend the Complaint, [ECF No. 198], the current motions to dismiss will be rendered moot and 

no discovery is necessary at this stage.

Second, if the Court grants Plaintiffs leave to file their Amended Complaint and any FTX 

Defendant decides to renew any arguments, and/or raise additional arguments as to personal 

jurisdiction directed to that Amended Complaint, even in light of this new jurisdictional

information, Plaintiffs respectfully submit that brief jurisdictional discovery (brief depositions and 

targeted discovery) may be necessary, consistent with the orders on discovery entered by Chief 

Judge Altonaga, Judge Altman, and Magistrate Judge Reid in the related Voyager Digital class 

actions pending before this Court.

Third, in the event that the Court does not grant Plaintiffs’ leave to amend their complaint,

Plaintiffs respectfully request discovery, including but not limited to, jurisdictional discovery 

sought in Plaintiffs’ pending Motion for Leave to take Jurisdictional Discovery, [ECF No. 163], 

so Plaintiffs have an opportunity to provide the required evidentiary basis to rebut Defendants’ 

declarations and arguments as to the jurisdictional allegations. That evidentiary basis would 

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include, for example, the facts relating to the new jurisdictional allegations that Plaintiffs have 

now included in their proposed Amended Complaint, the acts of Defendants and/or their agents in 

connection with their relationships with FTX Defendants’ promotional activities actually 

undertaken in accordance with the agreement that were targeted at, or able to be viewed in, Florida, 

copies of the actual FTX Agreements (that have not yet to be produced), facts bearing on the 

veracity of their statements their respective declarations filed in connection with their motions to 

dismiss and documenting acts taken by FTX’s own agents and employees, such as Messrs. Dabir 

and Friedberg, regarding these specific FTX Brand Ambassador Agreements.

Dated: May 12, 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

joseph@moskowitz-law.com

THE MOSKOWITZ LAW FIRM, PLLC

3250 Mary Street, Suite 202

Coconut Grove, FL 33133

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

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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

By: /s/Jose M. Ferrer

Jose Ferrer

Florida Bar No. 173746

Michelle Genet Bernstein

Florida Bar No. 1030736

MARK MIGDAL HAYDEN LLP

8 SW 8th Street, Suite 1999

Miami, FL 33130

Office: 305-374-0440

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 May 12, 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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