UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 0:22-cv-61621-ALTMAN/HUNT

VITAL PHARMACEUTICALS, INC., d/b/a 

VPX and as BANG ENERGY, a Florida 

corporation,

Plaintiff,

v.

MONSTER BEVERAGE CORPORATION 

and MONSTER ENERGY COMPANY,

Defendants.

PARTIES’ JOINT MOTION FOR A STAY

Plaintiff VITAL PHARMACEUTICALS, INC. d/b/a VPX and as BANG ENERGY

(“VPX”), together with Defendants MONSTER BEVERAGE CORPORATION and MONSTER 

ENERGY COMPANY (“Monster”), jointly move for a stay of this case. The grounds for this 

motion are set forth in the following memorandum: 

Memorandum

1. On October 10, 2022, VPX filed a voluntary Chapter 11 petition in the United 

States Bankruptcy Court for the Southern District of Florida, Fort Lauderdale Division, under Case 

No. 22-17842-PDR (the “Bankruptcy Proceeding”). The Bankruptcy Proceeding is still in 

progress and has not been dismissed. 

2. As an incident of the Bankruptcy Proceeding, VPX and Monster have been 

meaningfully exploring possible resolution of this case as well as another case between VPX and 

Monster pending before Chief Judge Altonaga, entitled Vital Pharms., Inc. v. Monster Energy Co., 

et al., No. 0:19-cv-61974-CMA (Aug. 7, 2019) (hereinafter, the “2019 Case”) – which has, as a 

Case 0:22-cv-61621-RKA Document 67 Entered on FLSD Docket 05/05/2023 Page 1 of 4
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result of VPX and Monster’s agreement to stay been recently administratively closed. See ECF 

No. 213. 

3. Given this recent development, and to ensure that this proceeding does not interfere 

with such efforts and that the parties and Court conserve judicial and party resources during such 

time, VPX and Monster respectfully submit that a stay is appropriate. 

4. The parties agree that all current deadlines should be stayed until the Court, upon 

motion of any party, determines that it is appropriate to lift the stay. Among other things, the 

parties have agreed that no party will seek fees, costs, or sanctions in connection with this action 

prior to the date that is two (2) business days following the lifting of such stay. 

5. This is the parties’ first joint motion for a stay. This request for a stay is sought in 

good faith and for judicial economy and not for purposes of delay. 

WHEREFORE, the parties respectfully request a stay of all deadlines and proceedings in 

this case. A proposed order granting this motion is attached herewith in accordance with Local 

Rule 7.1(a)(2). 

Certificate of Good Faith Conference

Pursuant to Local Rule 7.1(a)(3) 

 Counsel for both parties certify that they have conferred with regard to the relief sought in 

this motion. 

Dated: May 5, 2023 Respectfully submitted,

By: s/ Brian J. Stack

Brian J. Stack, Esq. 

Florida Bar No.: 0476234 

Email: bstack@stackfernandez.com

STACK FERNANDEZ & HARRIS, P.A.

1001 Brickell Bay Drive, Suite 2650 

Miami, Florida 33131 

Tel: 305.371.0001 

Case 0:22-cv-61621-RKA Document 67 Entered on FLSD Docket 05/05/2023 Page 2 of 4
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John C. Hueston, Esq. (admitted pro hac vice)

Email: jhueston@hueston.com 

Moez M. Kaba, Esq. (admitted pro hac vice) 

Email: mkaba@hueston.com 

Allison L. Libeu, Esq. (admitted pro hac vice)

Email: alibeu@hueston.com 

HUESTON HENNIGAN, LLP

523 West 6th St., Suite 400 

Los Angeles, California 90014 

Telephone: 213.788.4340 

Attorneys for Defendants, Monster Beverage 

Corporation and Monster Energy Company 

SANCHEZ FISCHER LEVINE, LLP

1200 Brickell Avenue, Ste. 750 

Miami, Florida 33131 

Tel.: (305) 925-9947 

By: s/ David M. Levine 

David M. Levine, Esq. 

Florida Bar No.: 84431 

Email: dlevine@sfl-law.com

Secondary email: eservice@sfl-law.com

Veronica M. Rabinowitz, Esq. 

Florida Bar No.: 99618 

Email: vrabinowitz@sfl-law.com

Counsel for Plaintiff Vital Pharmaceuticals, 

Inc., d/b/a VPX and as Bang Energy

 

Case 0:22-cv-61621-RKA Document 67 Entered on FLSD Docket 05/05/2023 Page 3 of 4
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 0:22-cv-61621-ALTMAN/HUNT

VITAL PHARMACEUTICALS, INC., d/b/a 

VPX and as BANG ENERGY, a Florida 

corporation,

Plaintiff,

v.

MONSTER BEVERAGE CORPORATION 

and MONSTER ENERGY COMPANY,

Defendants.

ORDER GRANTING PARTIES’ JOINT MOTION FOR A STAY

THIS CAUSE came before the Court pursuant to the Parties’ Joint Motion For a Stay. The 

Court having reviewed the motion and the file, and being fully advised in the premises, it is:

ORDERED and ADJUDGED that this case, including all deadlines, is hereby stayed.

This stay will be in effect until the Court, upon motion of any party, determines that it is 

appropriate to lift the stay.

DONE and ORDERED in Chambers at Ft. Lauderdale, Florida this ____ day of May 

2023.

____________________________

Roy K. Altman

United States District Judge

cc: Counsel of record

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