Garrison v. Bankman-Fried et al
| Edwin Garrison |
| Samuel Bankman-Fried, Thomas Brady, Gisele Bunchden, Stephen Curry, Golden State Warriors LLC, Shaquille O'Neal, Udonis Haslem, David Ortiz, William Trevor Lawrence, Shohei Ohtani, Naomi Osaka, Lawrence Gene David, Kevin O'Leary, Sam Bankman-Fried and Gisele Bundchen |
| Gregg Podalsky, Skyler Lindeen, Alexander Chernyavsky, Gary Gallant, David Nicol, Sunil Kavuri and Stuart Z. Grossman |
| Caroline Ellison, Sam Trabucco, Gary Wang, Nishad Singh and Dan Friedberg |
| 1:2022cv23753 |
| November 15, 2022 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| K Michael Moore |
| Other Fraud |
| 28 U.S.C. § 1332 - Diversity: Securities Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 17, 2023. A more recent docket listing may be available from PACER.
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| Filing 160 NOTICE of Attorney Appearance by Stephanie Anne Casey on behalf of Naomi Osaka. Attorney Stephanie Anne Casey added to party Naomi Osaka(pty:dft). (Casey, Stephanie) |
| Filing 159 MOTION TO DISMISS #16 Amended Complaint/Amended Notice of Removal,, FOR FAILURE TO STATE A CLAIM ( Responses due by 4/28/2023), MOTION for Conditional Transfer to N.D. Cal. by Golden State Warriors LLC. (Martinez, Roberto) |
| Filing 158 MOTION TO DISMISS #16 Amended Complaint/Amended Notice of Removal,, FOR FAILURE TO STATE A CLAIM by William Trevor Lawrence. Responses due by 4/28/2023 (Rothstein, David) |
| Filing 157 MOTION to Dismiss for Lack of Jurisdiction #16 Amended Complaint/Amended Notice of Removal,, by Shohei Ohtani. Responses due by 4/28/2023 (Soto, Edward) |
| Filing 156 MOTION to Dismiss #16 Amended Complaint/Amended Notice of Removal,, -- Defendant Udonis Haslem' Motion to Dismiss for Insufficient Service of Process and Incorporated Memorandum of Law by Udonis Haslem. Responses due by 4/28/2023 (Attachments: #1 Exhibit A - Details for Job (Haslem service), #2 Exhibit B - Return of Service (Haslem), #3 Exhibit C - Distance between Haslem residence and service location)(Carver, Christopher) |
| Filing 155 MOTION to Dismiss with Prejudice #16 Amended Complaint/Amended Notice of Removal,, for Improper Service, Lack of Personal Jurisdiction, or Alternatively for Failure to State a Claim by Sam Trabucco. Responses due by 4/28/2023 (Klein, Jonathan) |
| Filing 154 MOTION TO DISMISS #16 Amended Complaint/Amended Notice of Removal,, FOR FAILURE TO STATE A CLAIM by Thomas Brady, Gisele Bundchen, Stephen Curry, Lawrence Gene David, Golden State Warriors LLC, Udonis Haslem, William Trevor Lawrence, Kevin O'Leary, Shohei Ohtani, David Ortiz, Naomi Osaka. Responses due by 4/28/2023 (Martinez, Roberto) |
| Filing 153 AFFIDAVIT in Support re #152 Unopposed MOTION to Stay re #16 Amended Complaint/Amended Notice of Removal,, or, Alternativeley MOTION to Compel Arbitration or to MOTION to Dismiss for Lack of Jurisdiction #16 Amended Complaint/Amended Notice of Removal,, filed by Sam Bankman-Fried. (Attachments: #1 Exhibit A - FTX US User Agreement, #2 Exhibit B - January 6, 2023 internet search results, #3 Exhibit C - FTX Trading User Agreement)(Schachter, Adam) |
| Filing 152 Unopposed MOTION to Stay re #16 Amended Complaint/Amended Notice of Removal,, or, Alternativeley ( Responses due by 4/28/2023), MOTION to Compel Arbitration or to, MOTION to Dismiss for Lack of Jurisdiction #16 Amended Complaint/Amended Notice of Removal,, ( Responses due by 4/28/2023) by Sam Bankman-Fried. (Schachter, Adam) |
Filing 151
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Matthew Kahn to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #120 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #120 is GRANTED. Matthew Kahn may appear pro hac vice in this matter on behalf of Defendant Golden State Warriors LLC. The Clerk of Court shall provide electronic notification of all electronic filings to mkahn@gibsondunn.com. Signed by Judge K. Michael Moore on 4/14/2023. (rfr)
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Filing 150
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Michael Kahn to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #119 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #119 is GRANTED. Michael Kahn may appear pro hac vice in this matter on behalf of Defendant Golden State Warriors LLC. The Clerk of Court shall provide electronic notification of all electronic filings to mjkahn@gibsondunn.com. Signed by Judge K. Michael Moore on 4/14/2023. (rfr)
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Filing 149
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Jamila MacEbong to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #118 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #118 is GRANTED. Jamila MacEbong may appear pro hac vice in this matter on behalf of Defendant Golden State Warriors LLC. The Clerk of Court shall provide electronic notification of all electronic filings to jmacebong@gibsondunn.com. Signed by Judge K. Michael Moore on 4/14/2023. (rfr)
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Filing 148
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Richard M. Simins to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #86 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #86 is GRANTED. Richard M. Simins may appear pro hac vice in this matter on behalf of Defendant Sam Bankman-Fried. The Clerk of Court shall provide electronic notification of all electronic filings to rsimins@mmwr.com. Signed by Judge K. Michael Moore on 4/14/2023. (rfr)
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Filing 147
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Jeremy D. Mishkin to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #85 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #85 is GRANTED. Jeremy D. Mishkin may appear pro hac vice in this matter on behalf of Defendant Sam Bankman-Fried. The Clerk of Court shall provide electronic notification of all electronic filings to jmishkin@mmwr.com. Signed by Judge K. Michael Moore on 4/14/2023. (rfr)
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| Filing 146 Unopposed MOTION to Seal an Exhibit to Larry David's Declaration in Support of Motion to Dismiss for Lack of Personal Jurisdiction per Local Rule 5.4 by Lawrence Gene David. (Attachments: #1 Text of Proposed Order) (Martinez, Roberto) |
| Filing 145 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joseph J. Vescera. Filing Fee $ 200.00 Receipt # AFLSDC-16539089 by Sam Trabucco. Responses due by 4/28/2023 (Attachments: #1 Text of Proposed Order)(Klein, Jonathan) |
| Filing 144 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jason D. Linder. Filing Fee $ 200.00 Receipt # AFLSDC-16539058 by Sam Trabucco. Responses due by 4/28/2023 (Attachments: #1 Text of Proposed Order)(Klein, Jonathan) |
| Filing 143 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew J. Demko. Filing Fee $ 200.00 Receipt # AFLSDC-16539019 by Sam Trabucco. Responses due by 4/28/2023 (Attachments: #1 Text of Proposed Order)(Klein, Jonathan) |
| Filing 142 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Glenn K. Vanzura. Filing Fee $ 200.00 Receipt # AFLSDC-16538983 by Sam Trabucco. Responses due by 4/28/2023 (Attachments: #1 Text of Proposed Order)(Klein, Jonathan) |
| Filing 141 Unopposed MOTION Requesting Judicial Notice in Support of Defendants' Motion to Dismiss for Lack of Personal Jurisdiction re #139 MOTION to Dismiss for Lack of Jurisdiction #16 Amended Complaint/Amended Notice of Removal,, by Stephen Curry, Golden State Warriors LLC. (Attachments: #1 Exhibit A -- GSW's Address Recorded with California Secretary of State, #2 Exhibit B -- Blockfolio's Address Recorded with California Secretary of State)(Martinez, Roberto) |
| Filing 140 NOTICE of Attorney Appearance by Jonathan Samuel Klein on behalf of Sam Trabucco. Attorney Jonathan Samuel Klein added to party Sam Trabucco(pty:condft). (Klein, Jonathan) |
| Filing 139 MOTION to Dismiss for Lack of Jurisdiction #16 Amended Complaint/Amended Notice of Removal,, by Stephen Curry, Lawrence Gene David, Golden State Warriors LLC, Shohei Ohtani, David Ortiz. Responses due by 4/28/2023 (Attachments: #1 Exhibit 1 -- Decl. of Wardell Stephen Curry II, #2 Exhibit 2 -- Decl. of Larry David, #3 Exhibit 3 -- Original and Translated Decl. of Shohei Ohtani)(Martinez, Roberto) |
| Filing 138 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ellie Hourizadeh. Filing Fee $ 200.00 Receipt # FLSDC-16537896 by Stephen Curry. Responses due by 4/28/2023 Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM(Bull, Nathan) |
| Filing 137 NOTICE of Attorney Appearance by Zachary Andrew Lipshultz on behalf of Naomi Osaka. Attorney Zachary Andrew Lipshultz added to party Naomi Osaka(pty:dft). (Lipshultz, Zachary) |
| Filing 136 NOTICE of Attorney Appearance by Roberto Martinez on behalf of Naomi Osaka. Attorney Roberto Martinez added to party Naomi Osaka(pty:dft). (Martinez, Roberto) |
| Filing 135 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jason D. Strabo. Filing Fee $ 200.00 Receipt # AFLSDC-16533764 by Stephen Curry. Responses due by 4/27/2023 (Attachments: #1 Certification Certification of Jason D. Strabo, #2 Text of Proposed Order Order for Pro Hac Vice Admission of Jason D. Strabo)(Bull, Nathan) |
| Filing 134 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sarah P. Hogarth. Filing Fee $ 200.00 Receipt # AFLSDC-16533642 by Stephen Curry. Responses due by 4/27/2023 (Attachments: #1 Certification Certification of Sarah P. Hogarth, #2 Text of Proposed Order Order for Pro Hac Vice Admission of Sarah P. Hogarth)(Bull, Nathan) |
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Filing 133
ORDER denying #122 Motion for Alternate Service. Signed by Judge K. Michael Moore on 4/11/2023. See attached document for full details. (rfr)
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Filing 132
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Set Briefing Page Limits and Briefing Schedule for the Motion to Dismiss. #125 . Therein, Defendants Thomas Brady, Gisele Bndchen, Kevin O'Leary, David Ortiz, Udonis Haslem, Stephen Curry, the Golden State Warriors, LLC, William Trevor Lawrence, Shohei Ohtani, and Lawrence Gene David (collectively, the "Celebrity Defendants") request that the Court establish the page limits for briefing their motions to dismiss, which is due by April 14, 2023. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #125 is GRANTED IN PART. The Court hereby authorizes the following briefs and brief lengths: (1) a joint Rule 12(b)(6) motion and memorandum of law of up to 20 pages, (2) a joint Rule 12(b)(2) motion and memorandum of law of up to 15 pages for those Celebrity Defendants who wish to raise a personal jurisdiction challenge, (3) to the extent applicable, individual motions and memoranda of law of up to 3 pages, for those Celebrity Defendants seeking to raise unique issues or defenses not encompassed by the joint Rule 12(b)(6) or Rule 12(b)(2) motions e.g., a challenge to adequacy of service of process. Plaintiffs' responses to each motion shall be up to the same length as authorized for these motions. The joint reply for the Rule 12(b)(6) motion shall be up to 10 pages, the joint reply for the Rule 12(b)(2) motion shall be up to 8 pages, and all individual replies supporting the individual motions shall be up to 2 pages. Further, Plaintiffs' responses shall be filed on or before May 15, 2023, and the Celebrity Defendants replies shall be filed on or before June 14, 2023. Signed by Judge K. Michael Moore on 4/11/2023. (rfr)
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| Filing 131 REPLY to Response to Motion re #125 Motion for Leave to File Excess Pages/Set Briefing Page Limits MOTION for Extension of Time to File Response/Reply/Answer for their Motions to Dismiss Set Briefing Schedule filed by Thomas Brady, Gisele Bundchen, Stephen Curry, Lawrence Gene David, Golden State Warriors LLC, Udonis Haslem, William Trevor Lawrence, Kevin O'Leary, Shohei Ohtani, David Ortiz. (Martinez, Roberto) |
| Filing 130 Clerk's Notice to Filer re #124 Notice of Attorney Appearance. Attorney Did Not Associate Themselves; ERROR - Filing attorney neglected to associate themselves to the case. The Clerk has added the attorney to the case. It is not necessary to refile this document future filings must comply with the CM/ECF Administrative Procedures and Local Rules by filing a Notice of Attorney Appearance and linking themselves to the case. (ls) |
| Filing 129 Clerk's Notice to Filer re #125 MOTION by the "Celebrity Defendants" to Set Briefing Page Limits and Briefing Schedule for Their Motions to Dismiss . Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. AND Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 128 RESPONSE to Motion re #125 Motion for Leave to File Excess Pages/Set Briefing Page Limits , MOTION for Extension of Time to File Response/Reply/Answer for their Motions to Dismiss Set Briefing Schedule Emergency Motion to Amend the Case Management Order filed by Alexander Chernyavsky, Gary Gallant, Edwin Garrison, Sunil Kavuri, Skyler Lindeen, David Nicol, Gregg Podalsky. Replies due by 4/14/2023. (Moskowitz, Adam) Modified Text on 4/10/2023 (ls). |
| Filing 127 NOTICE of Attorney Appearance by Katherine Ann Johnson on behalf of Udonis Haslem. Attorney Katherine Ann Johnson added to party Udonis Haslem(pty:dft). (Johnson, Katherine) |
| Filing 126 NOTICE of Attorney Appearance by Christopher Stephen Carver on behalf of Udonis Haslem. Attorney Christopher Stephen Carver added to party Udonis Haslem(pty:dft). (Carver, Christopher) |
| Filing 125 Motion for Leave to File Excess Pages/Set Briefing Page Limits by Thomas Brady, Gisele Bundchen, Stephen Curry, Lawrence Gene David, Golden State Warriors LLC, Udonis Haslem, William Trevor Lawrence, Kevin O'Leary, Shohei Ohtani, David Ortiz. (Attachments: #1 Exhibit A - Text of Proposed Order)(Carver, Christopher) Modified Relief on 4/10/2023 (ls). Added MOTION for Extension of Time to File Response/Reply/Answer for their Motions to Dismiss Set Briefing Schedule on 4/10/2023 (ls). |
| Filing 124 NOTICE of Attorney Appearance by Nathan Marshall Bull on behalf of Stephen Curry. Attorney Nathan Marshall Bull added to party Stephen Curry(pty:dft). Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM (Bull, Nathan) |
| Filing 123 CLERK'S NOTICE - PHV Attorneys Andrew B. Clubok, Brittany M.J. Record, Elizabeth A. Greenman, Jessica Stebbins Bina, Marvin Putnam, Michele D. Johnson, Susan E. Engel have been added to this case for party Lawrence Gene David re #109 Notice of Appearance Pro Hac Vice, #110 Notice of Appearance Pro Hac Vice, #113 Notice of Appearance Pro Hac Vice, #112 Notice of Appearance Pro Hac Vice, #114 Notice of Appearance Pro Hac Vice, #111 Notice of Appearance Pro Hac Vice, #108 Notice of Appearance Pro Hac Vice (pt) |
| Filing 122 MOTION to Serve Defendant Shaquille O'Neal through Approved Alternate Means re (101 in 1:22-cv-23753-KMM) Order on Motion for Extension of Time,,,,,,,,,, by Alexander Chernyavsky, Gary Gallant, Edwin Garrison, Sunil Kavuri, Skyler Lindeen, David Nicol, Gregg Podalsky. (Attachments: #1 Affidavit)Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM(Moskowitz, Adam) |
| Filing 121 Clerk's Notice to Filer re #108 , #109 , #110 , #111 , #112 , #113 , and #114 Notice for PHV Attorney to Receive Electronic Notification. Wrong Event Selected; ERROR - The Filer selected the wrong event. A NOTICE OF ATTORNEY APPEARANCE event must always be selected when filing a Notice of Appearance. The correction was made by the Clerk. It is not necessary to refile the document. (jc) |
| Filing 120 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Matthew Kahn. Filing Fee $ 200.00 Receipt # AFLSDC-16514716 by Golden State Warriors LLC. Responses due by 4/20/2023 (Martinez, Roberto) |
| Filing 119 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael Kahn. Filing Fee $ 200.00 Receipt # AFLSDC-16514712 by Golden State Warriors LLC. Responses due by 4/20/2023 (Martinez, Roberto) |
| Filing 118 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jamila MacEbong. Filing Fee $ 200.00 Receipt # AFLSDC-16514697 by Golden State Warriors LLC. Responses due by 4/20/2023 (Martinez, Roberto) |
| Filing 117 NOTICE of Attorney Appearance by Stephanie Anne Casey on behalf of Lawrence Gene David. Attorney Stephanie Anne Casey added to party Lawrence Gene David(pty:dft). (Casey, Stephanie) |
| Filing 116 NOTICE of Attorney Appearance by Stephanie Anne Casey on behalf of Golden State Warriors LLC. Attorney Stephanie Anne Casey added to party Golden State Warriors LLC(pty:dft). (Casey, Stephanie) |
| Filing 115 NOTICE of Attorney Appearance by Zachary Andrew Lipshultz on behalf of Lawrence Gene David. Attorney Zachary Andrew Lipshultz added to party Lawrence Gene David(pty:dft). (Lipshultz, Zachary) |
| Filing 114 Notice of Appearance Pro Hac Vice by Lawrence Gene David (Martinez, Roberto) Modified text on 4/7/2023 (jua). |
| Filing 113 Notice of Appearance Pro Hac Vice by Lawrence Gene David (Martinez, Roberto) Modified text on 4/7/2023 (jua). |
| Filing 112 Notice of Appearance Pro Hac Vice by Lawrence Gene David (Martinez, Roberto) Modified text on 4/7/2023 (jua). |
| Filing 111 Notice of Appearance Pro Hac Vice by Lawrence Gene David (Martinez, Roberto) Modified text on 4/7/2023 (jua). |
| Filing 110 Notice of Appearance Pro Hac Vice by Lawrence Gene David (Martinez, Roberto) Modified text on 4/7/2023 (jua). |
| Filing 109 Notice of Appearance Pro Hac Vice by Lawrence Gene David (Martinez, Roberto) Modified text on 4/7/2023 (jua). |
| Filing 108 Notice of Appearance Pro Hac Vice by Lawrence Gene David (Martinez, Roberto) Modified text on 4/7/2023 (jua). |
| Filing 107 NOTICE of Attorney Appearance by Roberto Martinez on behalf of Lawrence Gene David. Attorney Roberto Martinez added to party Lawrence Gene David(pty:dft). (Martinez, Roberto) |
| Filing 106 NOTICE of Attorney Appearance by Zachary Andrew Lipshultz on behalf of Golden State Warriors LLC. Attorney Zachary Andrew Lipshultz added to party Golden State Warriors LLC(pty:dft). (Lipshultz, Zachary) |
| Filing 105 NOTICE of Attorney Appearance by Roberto Martinez on behalf of Golden State Warriors LLC. Attorney Roberto Martinez added to party Golden State Warriors LLC(pty:dft). (Martinez, Roberto) |
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Filing 104
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Extension of Time. #103 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion for Extension of Time #103 is GRANTED. Defendant Shohei Ohtani shall file respond to the Amended Complaint on or before April 14, 2023. Signed by Judge K. Michael Moore on 3/27/2023. (rfr)
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| Reset Response/Answer Due Deadline: Shohei Ohtani response/answer due 4/14/2023. (ls)(per DE #104) |
| Filing 103 Unopposed MOTION for Extension of Time to Respond to Amended Complaint re #16 Amended Complaint/Amended Notice of Removal,, by Shohei Ohtani. Responses due by 4/5/2023 (Attachments: #1 Text of Proposed Order)(Soto, Edward) |
| Filing 102 NOTICE of Attorney Appearance by Edward Soto on behalf of Shohei Ohtani. Attorney Edward Soto added to party Shohei Ohtani(pty:dft). (Soto, Edward) |
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Filing 101
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Response to Order to Show Cause. #99 . Therein, Plaintiffs assert the Court should not dismiss Defendants Naomi Osaka and Shaquille O'Neal for failure to serve. Id. at 1. Plaintiffs further request an extension of time to effectuate service on Defendants Osaka and O'Neal. Id. at 2. As to Defendant Osaka, Plaintiffs state they formally served David E. Fink, Defendant Osaka's agent designated to accept service on her behalf. Id. at 3. Plaintiffs have also filed an affidavit from Arman Guloglyan, a process server, stating that he formally served Defendant Osaka. ECF No. 100. Because Plaintiffs allege Defendant Osaka has been served, the Court finds Plaintiffs' request as to Defendant Osaka moot. As to Defendant O'Neal, Plaintiffs allege their process servers have made numerous service attempts to no avail. Id. at 8. Plaintiffs also argue that there is no conceivable prejudice to Defendant O'Neal in granting the extension to serve him. Id. at 10. Additionally, Plaintiffs argue that Defendant "certainly [has] actual notice of these proceedings." Nonetheless, "[a]ctual knowledge of a suit does not cure insufficient service of process." Moss v. Estate of Hudson by and through Hudson, 252 So.3d 785, 787 (Fla. 5th DCA 2018) (citation omitted) (finding the defendant's awareness of the case and her counsel's appearance and filing of a motion to quash insufficient service of process, did not cure the complaint's failure to allege the jurisdictional requirements). Plaintiffs must strictly comply with the statutory requirements. Great Am. Assurance Co. v. Walters, No. 15-cv-1008, 2016 WL 9526443, at *2 (M.D. Fla. Apr. 14, 2016) (citation omitted) ("Because the statute allowing substituted service is an exception to the general rule requiring a defendant to be personally served, there must be strict compliance with the statutory requirements so as to protect due process guarantees."). UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiffs' request for an extension of time #99 is GRANTED. Plaintiff shall serve Defendant O'Neal on or before April 17, 2023. All Parties in this matter shall hold a scheduling conference and file a joint scheduling report within 20 days of service on Defendant O'Neal or by May 8, 2023, whichever occurs first. Signed by Judge K. Michael Moore on 3/17/2023. (rfr)
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| Filing 100 SUMMONS (Affidavit) Returned Executed on #16 Amended Complaint/Amended Notice of Removal,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Skyler Lindeen, Edwin Garrison, Alexander Chernyavsky, David Nicol, Sunil Kavuri, Gregg Podalsky, Gary Gallant. Naomi Osaka served on 3/10/2023, response/answer due 3/31/2023. (Moskowitz, Adam) |
| Filing 99 RESPONSE TO ORDER TO SHOW CAUSE re (90 in 1:22-cv-23753-KMM) Order,,,,,,,, by Sunil Kavuri, Skyler Lindeen, Gregg Podalsky, Alexander Chernyavsky, Edwin Garrison, Gary Gallant, David Nicol. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM(Moskowitz, Adam) |
| Filing 98 Unopposed MOTION for Extension of Time PLAINTIFFS UNOPPOSED MOTION TO EXTEND DEADLINE FOR PARTIES TO HOLD A SCHEDULING CONFERENCE re (94 in 1:22-cv-23753-KMM) Order on Motion for Extension of Time,,,,,,,, by Alexander Chernyavsky, Gary Gallant, Edwin Garrison, Sunil Kavuri, Skyler Lindeen, David Nicol, Gregg Podalsky. Responses due by 3/24/2023 Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM(Moskowitz, Adam) |
| Filing 97 Clerk's Notice to Filer re #91 Notice of Striking. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) |
| Filing 96 NOTICE of Attorney Appearance by Barbara Cabrera Lewis on behalf of Alexander Chernyavsky, Gary Gallant, Edwin Garrison, Sunil Kavuri, Skyler Lindeen, David Nicol, Gregg Podalsky. Attorney Barbara Cabrera Lewis added to party Alexander Chernyavsky (pty:pla), Attorney Barbara Cabrera Lewis added to party Gary Gallant (pty:pla), Attorney Barbara Cabrera Lewis added to party Edwin Garrison(pty:pla), Attorney Barbara Cabrera Lewis added to party Sunil Kavuri(pty:pla), Attorney Barbara Cabrera Lewis added to party Skyler Lindeen (pty:pla), Attorney Barbara Cabrera Lewis added to party David Nicol (pty:pla), Attorney Barbara Cabrera Lewis added to party Gregg Podalsky (pty:pla), Attorney Barbara Cabrera Lewis added to party Alexander Chernyavsky (pty:conpla), Attorney Barbara Cabrera Lewis added to party Gary Gallant (pty:conpla), Attorney Barbara Cabrera Lewis added to party Edwin Garrison(pty:pla), Attorney Barbara Cabrera Lewis added to party Sunil Kavuri(pty:conpla), Attorney Barbara Cabrera Lewis added to party Skyler Lindeen (pty:conpla), Attorney Barbara Cabrera Lewis added to party David Nicol (pty:conpla), Attorney Barbara Cabrera Lewis added to party Gregg Podalsky (pty:conpla). Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM (Lewis, Barbara) |
| Filing 95 NOTICE of Attorney Appearance by Howard Mitchell Bushman on behalf of Alexander Chernyavsky, Gary Gallant, Edwin Garrison, Sunil Kavuri, Skyler Lindeen, David Nicol, Gregg Podalsky. Attorney Howard Mitchell Bushman added to party Alexander Chernyavsky (pty:pla), Attorney Howard Mitchell Bushman added to party Gary Gallant (pty:pla), Attorney Howard Mitchell Bushman added to party Edwin Garrison(pty:pla), Attorney Howard Mitchell Bushman added to party Sunil Kavuri(pty:pla), Attorney Howard Mitchell Bushman added to party Skyler Lindeen (pty:pla), Attorney Howard Mitchell Bushman added to party David Nicol (pty:pla), Attorney Howard Mitchell Bushman added to party Gregg Podalsky (pty:pla), Attorney Howard Mitchell Bushman added to party Alexander Chernyavsky (pty:conpla), Attorney Howard Mitchell Bushman added to party Gary Gallant (pty:conpla), Attorney Howard Mitchell Bushman added to party Sunil Kavuri(pty:conpla), Attorney Howard Mitchell Bushman added to party Skyler Lindeen (pty:conpla), Attorney Howard Mitchell Bushman added to party David Nicol (pty:conpla), Attorney Howard Mitchell Bushman added to party Gregg Podalsky (pty:conpla). Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM (Bushman, Howard) |
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Filing 94
PAPERLESS ORDER. THIS CAUSE came before the Court upon Thomas Brady, Gisele Bndchen, Kevin O'Leary, David Ortiz, and William Trevor Lawrence (collectively, "Moving Defendants") Motion for Extension of Time. ("Mot.") #87 . Therein, the Moving Defendants attempt to respond to the Court's March 6, 2023 Paperless Order, ("March Order") (ECF No. 83). In the March Order, the Court repeated the instructions from its November 16, 2022 Paperless Order, whish stated that the Parties "shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint." The Court continued that, "Here, it has been 111 days since the Complaint was filed and the Parties have not filed their joint scheduling report, nor has Plaintiff moved for an enlargement of time to hold the scheduling conference. The Parties are instructed to comply with the Court's November 16, 2022 Pretrial Order on or before March 10, 2023." #83 . The Court added that, "[f]ailure to do so may result in sanctions." The Court ordered Plaintiff, not the Defendants, to move for an extension of time to hold the scheduling conference. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion for Extension of Time #87 is DENIED WITHOUT PREJUDICE. To comply with the March Order, the Parties are instructed to hold the scheduling conference on or before March 10, 2023, or PLAINTIFF (emphasis added) shall move for an extension of time to hold the scheduling conference. Signed by Judge K. Michael Moore on 3/9/2023. (rfr)
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| Filing 93 NOTICE of Attorney Appearance by Manuel A. Arteaga-Gomez on behalf of Edwin Garrison. Attorney Manuel A. Arteaga-Gomez added to party Edwin Garrison(pty:pla). (Arteaga-Gomez, Manuel) |
| Filing 92 NOTICE of Attorney Appearance by Stuart Z. Grossman on behalf of Edwin Garrison. Attorney Stuart Z. Grossman added to party Edwin Garrison(pty:pla). (Grossman, Stuart) |
| Filing 91 NOTICE of Striking #89 NOTICE of Attorney Appearance by Stuart Z. Grossman (Grossman, Stuart) Modified to add document link on 3/10/2023 (ls). |
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Filing 90
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte review of the record. Plaintiffs filed the initial Complaint in this action on November 15, 2022. #1 . Thus, the deadline to serve process on Defendants was February 13, 2023. See Fed. R. Civ. P. 4(m). It is not clear from the docket whether two Defendants named in the initial Complaint, Naomi Osaka and Shaquille ONeal, have been served. Federal Rule of Civil Procedure 4(m) provides that "[i]f a defendant is not served within 90 days after the complaint is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period." Fed. R. Civ. P. 4(m). "Good cause exists 'only when some outside factor[,] such as reliance on faulty advice, rather than inadvertence or negligence, prevented service.'' Lepone-Dempsey v. Carroll Cnty. Comm'rs, 476 F.3d 1277, 1281 (11th Cir. 2007) (alterations in original). However, "[e]ven in the absence of good cause, a district court has the discretion to extend the time for service of process." Id. Extensions based on a finding of good cause are mandatory, whereas the Court may exercise its discretion to extend the deadline under Rule 4(m) based on the factors listed in the advisory committee notes accompanying that rule. See Hong-Diep Vu v. Phong Ho, 756 F. App'x 881, 882 (11th Cir. 2018). These factors include whether the statute of limitations would bar a refiled action. Horenkamp v. Van Winkle & Co., 402 F.3d 1129, 1132-33 (11th Cir. 2005) (quoting Fed. R. Civ. P. 4(m), Advisory Comm. Note, 1993 Amendments). Accordingly, UPON CONSIDERATION of the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiffs are ORDERED TO SHOW CAUSE why Naomi Osaka and Shaquille Oneil should not be dismissed for failure to serve. Signed by Judge K. Michael Moore on 3/9/2023. (rfr) Corrected deadline date per chambers on 3/10/2023 (mf).
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| Filing 89 "STRICKEN" NOTICE of Attorney Appearance by Stuart Z. Grossman on behalf of Stuart Z. Grossman. Attorney Stuart Z. Grossman added to party Stuart Z. Grossman(pty:conpla). (Grossman, Stuart) Modified on 3/10/2023 (ls). (per DE #91 ) |
| Filing 88 RESPONSE to Motion re #87 Unopposed MOTION for Extension of Time -- to Continue the March 10, 2023, Deadline for the Parties to Hold a Scheduling Conference filed by Alexander Chernyavsky, Gary Gallant, Edwin Garrison, Sunil Kavuri, Skyler Lindeen, David Nicol, Gregg Podalsky. Replies due by 3/16/2023. (Attachments: #1 Exhibit A, #2 Exhibit B)(Moskowitz, Adam) |
| Filing 87 Unopposed MOTION for Extension of Time -- to Continue the March 10, 2023, Deadline for the Parties to Hold a Scheduling Conference re 82 Order on Motion for Hearing,,,,,,,,,,,,, by Thomas Brady, Gisele Bundchen, William Trevor Lawrence, Kevin O'Leary, David Ortiz. Responses due by 3/23/2023 (Attachments: #1 Exhibit A - MDL 3076 - Petitioners' Motion for Transfer to the S.D. Fla. (w-o exhibits), #2 Exhibit B - Correspondence between counsel on motion)(Carver, Christopher) |
| Filing 86 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Richard M. Simins. Filing Fee $ 200.00 Receipt # AFLSDC-16408355 by Sam Bankman-Fried. Responses due by 3/22/2023 (Attachments: #1 Text of Proposed Order Motion for Pro Hac Vice of Richard M. Simins)(Greenberg, Gerald) |
| Filing 85 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeremy D. Mishkin. Filing Fee $ 200.00 Receipt # AFLSDC-16408294 by Sam Bankman-Fried. Responses due by 3/22/2023 (Attachments: #1 Text of Proposed Order Motion for Pro Hac Vice of Jeremy D. Mishkin)(Greenberg, Gerald) |
| Filing 84 NOTICE of Attorney Appearance by Adam Michael Schachter on behalf of Sam Bankman-Fried. Attorney Adam Michael Schachter added to party Sam Bankman-Fried(pty:dft). (Schachter, Adam) |
| Filing 83 NOTICE of Attorney Appearance by Gerald Edward Greenberg on behalf of Sam Bankman-Fried. Attorney Gerald Edward Greenberg added to party Sam Bankman-Fried(pty:dft). (Greenberg, Gerald) |
| Filing 82 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Request for a Brief Status Conference, which this court construes as a Motion for Status Conference #71 . Therein, Plaintiff requests a brief status conference to update the Court on current events, including the MDL Petition and the Motion to Remand. Id. First, the Court is aware of the current events Plaintiff mentions, including the MDL Petition and the Motion to Remand which is pending before the Court. Additionally, Plaintiff's Motion fails to include a conferral statement as required by the Local Rules of this Court. See S.D. Fla. L.R. 7.1(a)(3) (requiring counsel for the movant to "confer with all parties... in a good faith effort to resolve by agreement the issues raised in the motion" and to certify "[a]t the end of the motion, and above the signature block... that counsel for the movant made reasonable efforts to confer with all parties... who may be affected by the relief sought"). Local Rule 7.1(a)(3) cautions, "[f]ailure to comply with the requirements of this Local Rule may be cause for the Court to grant or deny the motion and impose on counsel an appropriate sanction." S.D. Fla. L.R. 7.1(a)(3). The Court notes that this is Plaintiff's second recent filing that has failed to comply with the Local Rules of this Court. Plaintiff is instructed to comply with the Local Rules, and failure to do so may result in sanctions. Plaintiff has also failed to comply with this Courts November 16, 2022 Paperless Pretrial Order. ECF No. 5. Therein, the Court ordered that the Parties "shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint." The Court further ordered that "[w]ithin ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion." Here, it has been 111 days since the Complaint was filed and the Parties have not filed their joint scheduling report, nor has Plaintiff moved for an enlargement of time to hold the scheduling conference. The Parties are instructed to comply with the Court's November 16, 2022 Pretrial Order on or before March 10, 2023. Failure to do so may result in sanctions. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Motion #71 is DENIED WITHOUT PREJUDICE. Plaintiff may file a renewed motion that is compliant with the Local Rules after the Parties comply with the Courts November 16, 2022 Pretrial Order. Modified text per chambers on 3/6/2023 (mf). |
| Filing 81 SUMMONS (Affidavit) Returned Executed on #16 Amended Complaint/Amended Notice of Removal,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Skyler Lindeen, Edwin Garrison, Alexander Chernyavsky, David Nicol, Sunil Kavuri, Gregg Podalsky. Sam Trabucco served on 2/24/2023, response/answer due 3/17/2023. (Moskowitz, Adam) |
| Filing 80 SUMMONS (Affidavit) Returned Executed on #16 Amended Complaint/Amended Notice of Removal,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Skyler Lindeen, Edwin Garrison, Alexander Chernyavsky, David Nicol, Sunil Kavuri, Gregg Podalsky, Gary Gallant. Stephen Curry served on 2/24/2023, response/answer due 3/17/2023. (Moskowitz, Adam) |
| Filing 79 SUMMONS (Affidavit) Returned Executed on #16 Amended Complaint/Amended Notice of Removal,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Skyler Lindeen, Edwin Garrison, Alexander Chernyavsky, David Nicol, Sunil Kavuri, Gregg Podalsky, Gary Gallant. Shohei Ohtani served on 3/1/2023, response/answer due 3/22/2023. (Moskowitz, Adam) |
| Filing 78 SUMMONS (Affidavit) Returned Executed on #16 Amended Complaint/Amended Notice of Removal,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Skyler Lindeen, Edwin Garrison, Alexander Chernyavsky, David Nicol, Gregg Podalsky, Gary Gallant. Dan Friedberg served on 2/23/2022, response/answer due 3/16/2022. (Moskowitz, Adam) |
| Filing 77 SUMMONS (Affidavit) Returned Executed on #16 Amended Complaint/Amended Notice of Removal,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Skyler Lindeen, Edwin Garrison, Alexander Chernyavsky, David Nicol, Sunil Kavuri, Gregg Podalsky, Gary Gallant. Udonis Haslem served on 2/28/2023, response/answer due 3/21/2023. (Moskowitz, Adam) |
| Filing 76 SUMMONS (Affidavit) Returned Executed on #16 Amended Complaint/Amended Notice of Removal,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Skyler Lindeen, Edwin Garrison, Alexander Chernyavsky, David Nicol, Sunil Kavuri, Gregg Podalsky, Gary Gallant. Nishad Singh served on 2/22/2023, response/answer due 3/15/2023. (Moskowitz, Adam) |
| Filing 75 SUMMONS (Affidavit) Returned Executed on #16 Amended Complaint/Amended Notice of Removal,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Skyler Lindeen, Edwin Garrison, Alexander Chernyavsky, David Nicol, Sunil Kavuri, Gregg Podalsky. Gary Wang served on 2/23/2023, response/answer due 3/16/2023. (Moskowitz, Adam) |
| Filing 74 SUMMONS (Affidavit) Returned Executed on #16 Amended Complaint/Amended Notice of Removal,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Skyler Lindeen, Edwin Garrison, Alexander Chernyavsky, David Nicol, Sunil Kavuri, Gregg Podalsky, Gary Gallant. Caroline Ellison served on 2/22/2023, response/answer due 3/15/2023. (Moskowitz, Adam) |
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Filing 73
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants Motion for Hillary N. Ladov to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #70 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #70 is GRANTED. Hillary N. Ladov may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to hillary.ladov@mgclaw.com. Signed by Judge K. Michael Moore on 3/1/2023. (rfr)
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Filing 72
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants Motion for Eric A. Fitzgerald to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #69 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #69 is GRANTED. Eric A. Fitzgerald may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to eric.fitzgerald@mgclaw.com. Signed by Judge K. Michael Moore on 3/1/2023. (rfr)
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| Filing 71 MOTION for Hearing PLAINTIFFS REQUEST FOR A BRIEF STATUS CONFERENCE by Alexander Chernyavsky, Gary Gallant, Edwin Garrison, Sunil Kavuri, Skyler Lindeen, David Nicol, Gregg Podalsky. (Attachments: #1 Text of Proposed Order)Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM(Moskowitz, Adam) |
| Filing 70 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Hillary N. Ladov. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #64 Motion to Appear Pro Hac Vice, by William Trevor Lawrence. Responses due by 3/10/2023 (Attachments: #1 Text of Proposed Order)(Rothstein, David) |
| Filing 69 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Eric A. Fitzgerald. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #63 Motion to Appear Pro Hac Vice, by William Trevor Lawrence. Responses due by 3/10/2023 (Attachments: #1 Text of Proposed Order)(Rothstein, David) |
| Filing 68 NOTICE of Striking #64 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Hillary N. Ladov. Filing Fee $ 200.00 Receipt # AFLSDC-16360222 filed by William Trevor Lawrence, #63 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Eric A. Fitzgerald. Filing Fee $ 200.00 Receipt # AFLSDC-16360153 filed by William Trevor Lawrence by William Trevor Lawrence (Peraza, Alexander) |
| Filing 67 Clerk's Notice to Filer re #63 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Eric A. Fitzgerald. Filing Fee $ 200.00 Receipt # AFLSDC-16360153. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (ls) |
| Filing 66 WAIVER OF SERVICE Returned Executed by Skyler Lindeen, Edwin Garrison, Alexander Chernyavsky, David Nicol, Sunil Kavuri, Gregg Podalsky. William Trevor Lawrence waiver sent on 12/28/2022, response/answer due 2/27/2023. (Moskowitz, Adam) |
| Filing 65 Clerk's Notice to Filer re #64 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Hillary N. Ladov. Filing Fee $ 200.00 Receipt # AFLSDC-16360222. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (ls) |
| Filing 64 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Hillary N. Ladov. Filing Fee $ 200.00 Receipt # AFLSDC-16360222 by William Trevor Lawrence. Responses due by 3/9/2023 (Attachments: #1 Text of Proposed Order)(Peraza, Alexander) |
| Filing 63 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Eric A. Fitzgerald. Filing Fee $ 200.00 Receipt # AFLSDC-16360153 by William Trevor Lawrence. Responses due by 3/9/2023 (Attachments: #1 Text of Proposed Order)(Peraza, Alexander) |
| Filing 62 NOTICE of Attorney Appearance by Eshaba Jahir-Sharuz on behalf of William Trevor Lawrence. Attorney Eshaba Jahir-Sharuz added to party William Trevor Lawrence(pty:dft). (Jahir-Sharuz, Eshaba) |
| Filing 61 NOTICE of Attorney Appearance by Alexander Manuel Peraza on behalf of William Trevor Lawrence. Attorney Alexander Manuel Peraza added to party William Trevor Lawrence(pty:dft). (Peraza, Alexander) |
| Filing 60 NOTICE of Attorney Appearance by David Alan Rothstein on behalf of William Trevor Lawrence. Attorney David Alan Rothstein added to party William Trevor Lawrence(pty:dft). (Rothstein, David) |
| Filing 59 Summons Issued as to Caroline Ellison, Dan Friedberg, Nishad Singh, Sam Trabucco, Gary Wang. (ls) |
| Filing 58 NOTICE of Filing Proposed Summons(es) by Alexander Chernyavsky, Gary Gallant, Edwin Garrison, Sunil Kavuri, Skyler Lindeen, David Nicol, Gregg Podalsky re #16 Amended Complaint/Amended Notice of Removal,, filed by David Nicol, Gregg Podalsky, Sunil Kavuri, Edwin Garrison, Skyler Lindeen, Alexander Chernyavsky, Gary Gallant (Attachments: #1 Summon(s) Dan Friedberg, #2 Summon(s) Sam Trabucco, #3 Summon(s) Nishad Singh, #4 Summon(s) Caroline Ellison, #5 Summon(s) Zixiao Gary Wang) (Moskowitz, Adam) |
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Filing 57
PAPERLESS ORDER. THIS CAUSE came before the Court upon Motion for Andrew B. Clubok to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #42 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #42 is GRANTED. Andrew B. Clubok may appear pro hac vice in this matter on behalf of Defendants Thomas Brady and Gisele Bndchen. The Clerk of Court shall provide electronic notification of all electronic filings to Andrew.Clubok@lw.com. Signed by Judge K. Michael Moore on 2/16/2023. (rfr)
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Filing 56
PAPERLESS ORDER. THIS CAUSE came before the Court upon Motion for Jessica Stebbins Bina to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #41 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #41 is GRANTED. Jessica Stebbins Bina may appear pro hac vice in this matter on behalf of Defendants Thomas Brady and Gisele Bndchen. The Clerk of Court shall provide electronic notification of all electronic filings to Jessica.StebbinsBina@lw.com. Signed by Judge K. Michael Moore on 2/16/2023. (rfr)
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Filing 55
PAPERLESS ORDER. THIS CAUSE came before the Court upon Motion for Michele D. Johnson to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #40 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #40 is GRANTED. Michele D. Johnson may appear pro hac vice in this matter on behalf of Defendants Thomas Brady and Gisele Bndchen. The Clerk of Court shall provide electronic notification of all electronic filings to Michele.Johnson@lw.com. Signed by Judge K. Michael Moore on 2/16/2023. (rfr)
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Filing 54
PAPERLESS ORDER. THIS CAUSE came before the Court upon Motion for Brittany M.J. Record to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #39 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #39 is GRANTED. Brittany M.J. Record may appear pro hac vice in this matter on behalf of Defendants Thomas Brady and Gisele Bndchen. The Clerk of Court shall provide electronic notification of all electronic filings to Brittany.Record@lw.com. Signed by Judge K. Michael Moore on 2/16/2023. (rfr)
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Filing 53
PAPERLESS ORDER. THIS CAUSE came before the Court upon Motion for Susan E. Engel to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #38 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #38 is GRANTED. Susan E. Engel may appear pro hac vice in this matter on behalf of Defendants Thomas Brady and Gisele Bndchen. The Clerk of Court shall provide electronic notification of all electronic filings to Susan.Engel@lw.com. Signed by Judge K. Michael Moore on 2/16/2023. (rfr)
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Filing 52
PAPERLESS ORDER. THIS CAUSE came before the Court upon Motion for Marvin Putnam to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #37 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #37 is GRANTED. Marvin Putnam may appear pro hac vice in this matter on behalf of Defendants Thomas Brady and Gisele Bndchen. The Clerk of Court shall provide electronic notification of all electronic filings to Marvin.Putnam@lw.com. Signed by Judge K. Michael Moore on 2/16/2023. (rfr)
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Filing 51
PAPERLESS ORDER. THIS CAUSE came before the Court upon Motion for Elizabeth A. Greenman to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #36 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #36 is GRANTED. Elizabeth A. Greenman may appear pro hac vice in this matter on behalf of Defendants Thomas Brady and Gisele Bndchen. The Clerk of Court shall provide electronic notification of all electronic filings to elizabeth.greenman@lw.com. Signed by Judge K. Michael Moore on 2/10/2023. (rfr)
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Filing 50
PAPERLESS ORDER. THIS CAUSE came before the Court upon Motion for Andrew B. Brettler to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #35 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #35 is GRANTED. Andrew B. Brettler may appear pro hac vice in this matter on behalf of Defendant Kevin OLeary. The Clerk of Court shall provide electronic notification of all electronic filings to abrettler@berkbrettler.com. Signed by Judge K. Michael Moore on 2/10/2023. (rfr)
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Filing 49
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Coordinated Briefing Schedule for Responses to the Amended Complaint. #48 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #48 is GRANTED. Any served Defendant shall respond to the Amended Complaint on or before April 14, 2023. Signed by Judge K. Michael Moore on 2/10/2023. (rfr)
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| Filing 48 MOTION for Extension of Time --Defendants' Motion for Coordinated Briefing Schedule for Responses to the Amended Complaint re #16 Amended Complaint/Amended Notice of Removal,, by Thomas Brady, Kevin O'Leary, David Ortiz. Responses due by 2/24/2023 (Carver, Christopher) |
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Filing 47
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Notice of Filing Letter (Notice) #29 . Therein, Plaintiffs include a letter from David Boies to the Court. Id. The Local Rules of the Southern District of Florida provides that, Unless invited or directed by the presiding Judge, attorneys and any party represented by an attorney shall not: (a) address or present to the Court in the form of a letter or the like any application requesting relief in any form, citing authorities, or presenting arguments; or (b) furnish the Court with copies of correspondence between or among counsel, or any party represented by an attorney, except when necessary as an exhibit when seeking relief from the Court. Local Rule 5.1(c) above governs the provision of courtesy copies to a Judge. S.D. Fla. L.R. 7.7.Accordingly, UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Notice #22 is STRICKEN. Signed by Judge K. Michael Moore on 2/8/2023. (rfr)
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| Filing 46 WAIVER OF SERVICE Returned Executed by Skyler Lindeen, Edwin Garrison, Alexander Chernyavsky, David Nicol, Sunil Kavuri, Gregg Podalsky, Gary Gallant. Sam Bankman-Fried waiver sent on 2/2/2023, response/answer due 4/3/2023. (Moskowitz, Adam) |
| Filing 45 Notice of Pending, Refiled, Related or Similar Actions by Thomas Brady, Kevin O'Leary, David Ortiz (Carver, Christopher) |
| Filing 44 NOTICE of Attorney Appearance by Tyler Evan Ulrich on behalf of Alexander Chernyavsky, Gary Gallant, Edwin Garrison, Sunil Kavuri, Skyler Lindeen, David Nicol, Gregg Podalsky. Attorney Tyler Evan Ulrich added to party Alexander Chernyavsky (pty:conpla), Attorney Tyler Evan Ulrich added to party Gary Gallant (pty:conpla), Attorney Tyler Evan Ulrich added to party Edwin Garrison(pty:pla), Attorney Tyler Evan Ulrich added to party Sunil Kavuri(pty:conpla), Attorney Tyler Evan Ulrich added to party Skyler Lindeen (pty:conpla), Attorney Tyler Evan Ulrich added to party David Nicol (pty:conpla), Attorney Tyler Evan Ulrich added to party Gregg Podalsky (pty:conpla). (Ulrich, Tyler) |
| Filing 43 WAIVER OF SERVICE Returned Executed by Skyler Lindeen, Edwin Garrison, Alexander Chernyavsky, David Nicol, Sunil Kavuri, Gregg Podalsky, Gary Gallant. Kevin O'Leary waiver sent on 1/4/2023, response/answer due 3/6/2023. (Moskowitz, Adam) |
| Filing 42 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew B. Clubok. Filing Fee $ 200.00 Receipt # AFLSDC-16283248 by Thomas Brady, Gisele Bundchen. Responses due by 2/14/2023 (Attachments: #1 Exhibit Certification, #2 Text of Proposed Order Proposed Order)(Martinez, Roberto) |
| Filing 41 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jessica Stebbins Bina. Filing Fee $ 200.00 Receipt # AFLSDC-16283224 by Thomas Brady, Gisele Bundchen. Responses due by 2/14/2023 (Attachments: #1 Exhibit Certification, #2 Text of Proposed Order Proposed Order)(Martinez, Roberto) |
| Filing 40 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michele D. Johnson. Filing Fee $ 200.00 Receipt # AFLSDC-16282651 by Thomas Brady, Gisele Bundchen. Responses due by 2/14/2023 (Attachments: #1 Exhibit Certification, #2 Text of Proposed Order Proposed Order)(Martinez, Roberto) |
| Filing 39 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brittany M.J. Record. Filing Fee $ 200.00 Receipt # AFLSDC-16282613 by Thomas Brady, Gisele Bundchen. Responses due by 2/14/2023 (Attachments: #1 Exhibit Certification, #2 Text of Proposed Order Proposed Order)(Martinez, Roberto) |
| Filing 38 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Susan E. Engel. Filing Fee $ 200.00 Receipt # FLSDC-16282395 by Tom Brady, Gisele Bundchen, Thomas Brady. Responses due by 2/14/2023 (Attachments: #1 Exhibit Certification, #2 Text of Proposed Order Proposed Order)Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM(Martinez, Roberto) |
| Filing 37 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Marvin Putnam. Filing Fee $ 200.00 Receipt # FLSDC-16282263 by Tom Brady, Gisele Bundchen, Thomas Brady. Responses due by 2/14/2023 (Attachments: #1 Exhibit Certification, #2 Text of Proposed Order Proposed Order)Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM(Martinez, Roberto) |
| Filing 36 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Elizabeth A. Greenman. Filing Fee $ 200.00 Receipt # FLSDC-16282114 by Tom Brady, Gisele Bundchen, Thomas Brady. Responses due by 2/14/2023 Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM(Martinez, Roberto) |
| Filing 35 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew B. Brettler. Filing Fee $ 200.00 Receipt # AFLSDC-16281490 by Kevin O'Leary. Responses due by 2/14/2023 (Attachments: #1 Certification of Andrew B. Brettler, #2 Text of Proposed Order)(Neiman, Jeffrey) |
| Filing 34 NOTICE of Attorney Appearance by Brandon Scott Floch on behalf of Kevin O'Leary. Attorney Brandon Scott Floch added to party Kevin O'Leary(pty:dft). (Floch, Brandon) |
| Filing 33 NOTICE of Attorney Appearance by Jeffrey Eldridge Marcus on behalf of Kevin O'Leary. Attorney Jeffrey Eldridge Marcus added to party Kevin O'Leary(pty:dft). (Marcus, Jeffrey) |
| Filing 32 NOTICE of Attorney Appearance by Jeffrey Adam Neiman on behalf of Kevin O'Leary. Attorney Jeffrey Adam Neiman added to party Kevin O'Leary(pty:dft). (Neiman, Jeffrey) |
| Filing 31 NOTICE of Attorney Appearance by Michael Anthony Pineiro on behalf of Kevin O'Leary. Attorney Michael Anthony Pineiro added to party Kevin O'Leary(pty:dft). (Pineiro, Michael) |
| Filing 30 NOTICE of Change of Address, Email or Law Firm Name by Katherine Ann Johnson (Johnson, Katherine) |
| Filing 29 "STRICKEN" NOTICE by Alexander Chernyavsky, Gary Gallant, Edwin Garrison, Sunil Kavuri, Skyler Lindeen, David Nicol, Gregg Podalsky Letter from David Boies to Judge K. Michael Moore. Attorney Stephen N. Zack added to party Sunil Kavuri(pty:conpla). (Attachments: #1 Letter from David Boies to Judge K. Michael Moore) (Zack, Stephen) Modified on 2/9/2023 (ls). (per DE #47) |
| Filing 28 Clerk's Notice to Filer re #25 Notice of Attorney Appearance,. Attorney Did Not Associate Themselves; ERROR - Filing attorney neglected to associate themselves to the case. The Clerk has added the attorney to the case. It is not necessary to refile this document future filings must comply with the CM/ECF Administrative Procedures and Local Rules by filing a Notice of Attorney Appearance and linking themselves to the case. (ls) |
| Filing 27 NOTICE of Attorney Appearance by Zachary Andrew Lipshultz on behalf of Tom Brady, Gisele Bundchen, Thomas Brady. Attorney Zachary Andrew Lipshultz added to party Tom Brady(pty:dft), Attorney Zachary Andrew Lipshultz added to party Gisele Bundchen(pty:dft), Attorney Zachary Andrew Lipshultz added to party Thomas Brady(pty:dft), Attorney Zachary Andrew Lipshultz added to party Gisele Bundchen(pty:dft). Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM (Lipshultz, Zachary) |
| Filing 26 NOTICE of Attorney Appearance by Stephanie Anne Casey on behalf of Tom Brady, Gisele Bundchen, Thomas Brady. Attorney Stephanie Anne Casey added to party Tom Brady(pty:dft), Attorney Stephanie Anne Casey added to party Gisele Bundchen(pty:dft), Attorney Stephanie Anne Casey added to party Thomas Brady(pty:dft), Attorney Stephanie Anne Casey added to party Gisele Bundchen(pty:dft). Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM (Casey, Stephanie) |
| Filing 25 NOTICE of Attorney Appearance by Roberto Martinez on behalf of Tom Brady, Gisele Bundchen. Attorney Roberto Martinez added to party Tom Brady(pty:dft), Attorney Roberto Martinez added to party Gisele Bundchen(pty:dft). Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM (Martinez, Roberto) |
| Filing 24 WAIVER OF SERVICE Returned Executed by Skyler Lindeen, Edwin Garrison, Alexander Chernyavsky, David Nicol, Sunil Kavuri, Gregg Podalsky, Gary Gallant. David Ortiz waiver sent on 1/11/2023, response/answer due 3/13/2023. (Moskowitz, Adam) |
| Filing 23 NOTICE of Attorney Appearance by Katherine Ann Johnson on behalf of David Ortiz. Attorney Katherine Ann Johnson added to party David Ortiz(pty:dft). Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM (Johnson, Katherine) |
| Filing 22 NOTICE of Attorney Appearance by Jason Samuel Oletsky on behalf of David Ortiz. Attorney Jason Samuel Oletsky added to party David Ortiz(pty:dft). (Oletsky, Jason) |
| Filing 21 NOTICE of Attorney Appearance by Christopher Stephen Carver on behalf of David Ortiz. Attorney Christopher Stephen Carver added to party David Ortiz(pty:dft). Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM (Carver, Christopher) |
| Filing 20 WAIVER OF SERVICE Returned Executed by Skyler Lindeen, Edwin Garrison, Alexander Chernyavsky, David Nicol, Sunil Kavuri, Gregg Podalsky, Gary Gallant. Gisele Bundchen waiver sent on 12/27/2022, response/answer due 2/27/2023. (Moskowitz, Adam) |
| Filing 19 WAIVER OF SERVICE Returned Executed by Skyler Lindeen, Edwin Garrison, Alexander Chernyavsky, David Nicol, Sunil Kavuri, Gregg Podalsky, Gary Gallant. Thomas Brady waiver sent on 12/27/2022, response/answer due 2/27/2023. (Moskowitz, Adam) |
| Filing 18 WAIVER OF SERVICE Returned Executed by Skyler Lindeen, Edwin Garrison, Alexander Chernyavsky, David Nicol, Sunil Kavuri, Gregg Podalsky, Gary Gallant. Lawrence Gene David waiver sent on 12/27/2022, response/answer due 2/27/2023. (Moskowitz, Adam) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Skyler Lindeen, Edwin Garrison, Alexander Chernyavsky, David Nicol, Sunil Kavuri, Gregg Podalsky, Gary Gallant. Golden State Warriors LLC waiver sent on 1/4/2023, response/answer due 3/6/2023. (Moskowitz, Adam) |
| Filing 16 AMENDED COMPLAINT AMENDED CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL against Sam Bankman-Fried, Thomas Brady, Gisele Bundchen, Stephen Curry, Lawrence Gene David, Caroline Ellison, Dan Friedberg, Golden State Warriors LLC, Udonis Haslem, William Trevor Lawrence, Kevin O'Leary, Shaquille O'Neal, Shohei Ohtani, David Ortiz, Naomi Osaka, Nishad Singh, Sam Trabucco, Gary Wang, filed by Skyler Lindeen, Edwin Garrison, Alexander Chernyavsky, David Nicol, Sunil Kavuri, Gregg Podalsky, Gary Gallant. (Attachments: #1 Exhibit A)(Moskowitz, Adam) |
| Filing 15 Summons Issued as to Sam Bankman-Fried. (ls) |
| Filing 14 NOTICE of Voluntary Dismissal PLAINTIFFS NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE by Edwin Garrison (Moskowitz, Adam) |
| Filing 13 NOTICE of Filing Proposed Summons(es) by Edwin Garrison (Attachments: #1 Summon(s)) (Moskowitz, Adam) |
| Filing 12 Summons Issued as to Thomas Brady, Gisele Bundchen, Stephen Curry, Lawrence Gene David, Golden State Warriors LLC, Udonis Haslem, William Trevor Lawrence, Kevin O'Leary, Shaquille O'Neal, Shohei Ohtani, David Ortiz, Naomi Osaka. (ls) |
| Filing 11 NOTICE of Filing Proposed Summons(es) by Edwin Garrison re #1 Complaint filed by Edwin Garrison (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s), #6 Summon(s), #7 Summon(s), #8 Summon(s), #9 Summon(s), #10 Summon(s), #11 Summon(s), #12 Summon(s)) (Moskowitz, Adam) |
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Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Alexander Boies to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #8 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #8 is GRANTED. Alexander Boies may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to aboies@bsfllp.com. Signed by Judge K. Michael Moore on 11/28/2022. (rfr)
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Filing 9
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for David Boies to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #7 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #7 is GRANTED. David Boies may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to dboies@bsfllp.com. Signed by Judge K. Michael Moore on 11/28/2022. (rfr)
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| Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Alexander Boies. Filing Fee $ 200.00 Receipt # AFLSDC-16123609 by Edwin Garrison. Responses due by 12/7/2022 (Attachments: #1 Text of Proposed Order)(Moskowitz, Adam) |
| Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David Boies. Filing Fee $ 200.00 Receipt # AFLSDC-16123593 by Edwin Garrison. Responses due by 12/7/2022 (Attachments: #1 Text of Proposed Order)(Moskowitz, Adam) |
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Filing 6
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE JACQUELINE BECERRA. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Jacqueline Becerra to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Jacqueline Becerra's discovery procedures. Signed by Judge K. Michael Moore on 11/16/2022. (rfr)
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Filing 5
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 11/16/2022. (rfr)
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| Filing 4 Bar Letter re: Admissions sent to attorney David Boies and Alex Boies, mailing date November 16, 2022, (pt) |
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Filing 3
ORDER OF RECUSAL. Magistrate Judge Lauren F. Louis recused. Magistrate Judge Jacqueline Becerra added. Signed by Magistrate Judge Lauren Fleischer Louis on 11/16/2022. See attached document for full details. (vjk) (Main Document 3 replaced on 11/16/2022) (vjk). Modified pdf on 11/16/2022 (vjk).
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| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (aao) |
| Filing 1 COMPLAINT CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16103423, filed by Edwin Garrison. (Attachments: #1 Civil Cover Sheet)(Moskowitz, Adam) |
| Filing 1 COMPLAINT CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16103423, filed by Edwin Garrison. (Attachments: # 1 Civil Cover Sheet)(Moskowitz, Adam) |
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