Certain Underwriters at Lloyd's of London v. Pharmatech, LLC et al

Filing 477

ORDER denying 473 Motion for Disbursement / Release of Funds. Signed by Magistrate Judge Amanda Arnold Sansone on 8/30/2024. (CES)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
CERTAIN UNDERWRITERS
AT LLOYD’S OF LONDON,
Plaintiff,
v.

Case No. 8:18-cv-2550-WFJ-AAS

PHARMATECH, LLC, et al.,
Defendants.
___________________________________/
ORDER
Defendant Melissa Geralds requests this court disburse to her all
remaining insurance proceeds in the court’s registry and to disburse all
interest earned on the deposited funds. (Doc. 473). Defendants Virtus
Pharmaceuticals,

LLC

and

Virtus

Pharmaceuticals

OPCO

II,

LLC

(collectively, Virtus) argue this request is premature as certain issues remain
outstanding in the lawsuit in the Texas state court action styled Melissa
Geralds, et al v. Virtus Pharmaceuticals, LLC, Cause No. 95957. (Doc. 474, p.
2). The undersigned directed the parties to advise the court whether a
scheduled June 25, 2024 hearing in Texas state court mooted the requests in
Ms. Geralds’ motion. (Doc. 475). The parties report the Texas state court “did
not grant [Ms.] Geralds’ Motion to Enforce Settlement, but instead offered
the parties the opportunity to have the state court resolve the still pending
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dispute by exercise of the state court’s equitable powers or by allowing the
parties to resolve the dispute by pleading and the available remedy of a jury
trial.” (Doc. 476, p. 1).
United States District Judge William F. Jung previously ordered this
case “be abated and stayed until the resolution of the pending Texas state
court case.” (Doc. 467, p. 1). Ms. Geralds cites no caselaw justifying the
premature disbursement of funds before the action resolves in Texas state
court. (See Doc. 473). Accordingly, Ms. Geralds’ Motion for Disbursement of
Funds (Doc. 473) is DENIED without prejudice. Virtus’ request for
attorney’s fees and expenses incurred in drafting their response (Doc. 474, pp.
4, 5) is DENIED. As previously ordered by Judge Jung (Doc. 467, p. 3), the
parties are directed to alert this Court via motion when further judicial
action is required in this interpleader action.
ORDERED in Tampa, Florida on August 30, 2024.

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