Download - Vital Pharm. Redline energy drink settlement

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

CASE NO.: 0:12-cv-62086-WJZ

ADAM MIRABELLA and KRISTEN

ARRENDELL, on behalf of themselves and

all others similarly situated,

Plaintiffs,

vs.

VITAL PHARMACEUTICALS, INC, a

Florida corporation, doing business as VPX,

Defendant.

SUPPLEMENTAL NOTICE OF SETTLEMENT

VITAL PHARMACEUTICALS, INC., d/b/a VPX ("VPX"), pursuant to the non-

confidential settlement reached between the Parties and Local Rule 16.2.(f)(2), hereby

supplements the previously filed Notice of Settlement [DE 150], and states:

The settlement of this matter is not to be construed in any manner as any admission of

liability on the part of VPX or concession of any damage caused to the Plaintiffs, Adam

Mirabella and/or Kristen Arrendell ("Plainitffs"). VPX expressly denies any and all liability

and/or damages. Plaintiffs deny the validity of the defenses raised by VPX. Notwithstanding

the Parties' dispute, in exchange for full and final consideration of the Plaintiffs' claims and any

and all potential known or unknown causes of action of any kind arising out of their purchase

and/or consumption of Redline Xtreme, VPX agrees to reimburse Plaintiffs for their

approximate purchase prices (two dollars and fifty cents ($2.50) to Adam Mirabella and two

dollars and ninety-nine cents ($2.99) to Arrendell) plus interest accrued thereon from the date of

Case 0:12-cv-62086-WJZ Document 153 Entered on FLSD Docket 03/16/2015 Page 1 of 3

2 BROAD and CASSEL

100 S.E. 3rd Avenue, Suite 2700, Fort Lauderdale, Florida 33394

each of the Plaintiff's purchase through Friday, March 6, 2015 (the total of which is not to exceed

five dollars ($5.00) to each of the Plaintiffs). The Plaintiffs agree to each, individually, execute

general releases in favor of VPX, the form of which has been provided by VPX to Plaintiffs'

counsel. VPX agrees to tender the reimbursements (as stated above) to the Plaintiffs within 10

days of receipt of the executed general releases. Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) and

this Court's Order [DE 152], the Parties will file their stipulation of dismissal by noon today.

The dismissal of this action shall be with prejudice, with each party to bear its/his/her own

attorneys fees and costs.

Respectfully submitted this 16th

day of March, 2015.

/s Scott D. Knapp

Scott D. Knapp, Esq.

Florida Bar No. 16688

[email protected]

[email protected]

BROAD AND CASSEL

One Financial Plaza

100 S.E. 3rd Avenue

Suite 2700

Fort Lauderdale, FL 33394

Phone: (954) 764-7060

Fax: (954) 761-8135

Attorneys for Vital Pharmaceuticals, Inc.


3 BROAD and CASSEL

100 S.E. 3rd Avenue, Suite 2700, Fort Lauderdale, Florida 33394

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on March 16, 2015, a copy of the foregoing was filed with the

Clerk of Court via CM/ECF. I further certify that on this date the foregoing has been served via

transmission of Notices of Electronic Filing generated by CM/ECF upon: Joshua H. Eggnatz,

Esq. and Michael Pascucci, Esq., of the Eggnatz Law Firm at: [email protected],

[email protected]; and, Benjamin M. Lopatin, Esq. of The Law Office of Howard W.

Rubinstein at: [email protected], attorneys for the Plaintiffs, Adam Mirabella and

Kristen Arrendell.

BROAD AND CASSEL

By: /s/ Scott D. Knapp

Scott D. Knapp

Florida Bar No. 16688

One Financial Plaza, Suite 2700

100 S.E. 3rd Avenue

Fort Lauderdale, FL 33394

Telephone: 954.764.7060

Facsimile: 954.761.8135

[email protected]

Attorneys for Defendant,

Vital Pharmaceuticals, Inc.
