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’ LIMITED RESPONSE TO DEFENDANT SAM BANKMAN-FRIED’S 

UNOPPOSED MOTION TO STAY, OR, ALTERNATIVELY, MOTION TO COMPEL 

ARBITRATION OR TO DISMISS AMENDED COMPLAINT [ECF NO. 152]

Plaintiffs file this limited response to Defendant Sam Bankman-Fried’s Unopposed Motion 

to Stay, or, Alternatively, Motion to Compel Arbitration or to Dismiss Amended Complaint. ECF 

No. 152. Specifically, Plaintiffs file this limited response to Defendant Bankman-Fried’s 

Unopposed Motion to Stay.

Plaintiffs do not oppose staying this action only as to Defendant Bankman-Fried until the 

conclusion of the trial against him in the criminal action pending in the Southern District of New 

York (Case No. 22-cr-00673).1

As Defendant Bankman-Fried acknowledges in the Preliminary Statement of his Motion, 

if the stay is granted as to Bankman-Fried, it is unnecessary to reach the alternative arguments in 

his motion. In the event the Court decides not to stay this action against Defendant BankmanFried, Plaintiffs will address the arguments raised in Defendant Bankman-Fried’s alternative 

1 Plaintiffs submit that the stay against Defendant Bankman-Fried should not continue through his

criminal appeals process. However, the Court need not reach that issue now. 

Case 1:22-cv-23753-KMM Document 176 Entered on FLSD Docket 05/01/2023 Page 1 of 4
CASE NO. 1:22-cv-23753-KMM

2

Motion to Compel Arbitration or to Dismiss Amended Complaint, either through moving for leave 

to file an amended complaint or through filing an opposition brief by the Court’s May 15, 2023 

briefing deadline.

CONCLUSION

Plaintiffs do not oppose Defendant Bankman-Fried’s request to Stay this action, albeit 

Plaintiffs respectfully submit that it should be stayed only as to Defendant Bankman-Fried until 

the conclusion of the criminal trial against him in the Southern District of New York (Case No. 22-

cr-00673). Plaintiffs reserve the right to respond to Defendant Bankman-Fried’s alternative Motion 

to Compel Arbitration or to Dismiss Amended Complaint by the Court’s May 15, 2023 deadline

should it be necessary to do so in the event that the agreed stay is denied.

Case 1:22-cv-23753-KMM Document 176 Entered on FLSD Docket 05/01/2023 Page 2 of 4
CASE NO. 1:22-cv-23753-KMM

3

Dated: May 1, 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

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

jose@markmigdal.com

michelle@markmigdal.com

eservice@markmigdal.com

Co-Counsel for Plaintiff and the Class

Case 1:22-cv-23753-KMM Document 176 Entered on FLSD Docket 05/01/2023 Page 3 of 4
CASE NO. 1:22-cv-23753-KMM

4

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the forgoing was filed on May 1, 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

Case 1:22-cv-23753-KMM Document 176 Entered on FLSD Docket 05/01/2023 Page 4 of 4