Judge: Mark H. Epstein, Case: 24SMCV00071, Date: 2024-12-09 Tentative Ruling

Case Number: 24SMCV00071    Hearing Date: December 9, 2024    Dept: I

The unopposed motion for judgment on the pleadings is GRANTED.  This suit is within the proceedings of a Bankruptcy Action brought in Florida.  It appears that the Bankruptcy Court has set forth an order that deals with certain litigation, requiring that those claims be determined according to the order and not through separate lawsuits.  This case appears to fall within the Bankruptcy Court’s channeling order and any claims for recovery must be brought pursuant thereto and will be paid through the Tort Claims Trust.  At least that is what defendant contends and what the evidence submitted in support suggests.  Because of that, the matter now before the court is a barred claim and cannot proceed.  Plaintiff likely agrees, which is why there is no opposition.  The motion is therefore GRANTED WITHOUT LEAVE TO AMEND.  Defendant to prepare the appropriate final order.