Kearney Construction Company, LLC v. Travelers Casualty and Surety Company of America
Plaintiff: Kearney Construction Company, LLC
Defendant: Travelers Casualty and Surety Company of America
Case Number: 8:2009cv01850
Filed: September 9, 2009
Court: US District Court for the Middle District of Florida
Office: Tampa Office
County: Hillsborough
Presiding Judge: James S. Moody
Presiding Judge: Thomas B. McCoun III
Nature of Suit: Plaintiff
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Fraud
Jury Demanded By: Plaintiff
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Date Filed Document Text
November 19, 2020 Opinion or Order Filing 1013 ORDER granting 1005 Travelers Casualty & Surety Company of America's Motion to Strike Demands for Jury Trial Filed by Bing Kearney, Clayton Kearney, and Olga Kearney. Signed by Magistrate Judge Christopher P. Tuite on 11/19/2020. (AHA)
December 19, 2019 Opinion or Order Filing 981 ORDER granting in part and denying in part 970 Travelers Casualty & Surety Company of America's Amended Motion for Proceedings Supplementary, Motion to Void Bing Kearney's Fraudulent Transfer of His Interest in Property, Motion for Leave to File a Notice of Lis Pendens and Complaint, and Motion to Implead Clayton Kearney and Olga Kearney. Signed by Magistrate Judge Christopher P. Tuite on 12/19/2019. (AHA)
July 16, 2019 Opinion or Order Filing 966 ORDER: The Report and Recommendation (Dkt. 963) of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. Travelers Casualty & Surety Company of America's [Second] Renewed Motion for Attorneys' Fees (Dkt. 945) is granted in part and denied in part, and the Court awards Travelers attorneys' fees against Kearney in the amount of $193,752.00. Travelers' request for co sts (Dkt. 954) is granted in part and denied in part, and the Court taxes costs against Kearney in the amount of $5,726.75. The Clerk of Court is directed to enter a Final Judgment in the amount of $199,478.75 in favor of Travelers and against Bing Charles W. Kearney for these fees and costs. Signed by Judge James S. Moody, Jr. on 7/16/2019. (SMB)
July 27, 2018 Opinion or Order Filing 938 ORDER: The Report and Recommendation (Dkt. 936 ) of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. Travelers Casualty & Surety Company of America's Renewed Motion for Attorneys' Fees and Costs (Dkt. 875 ) is GRANTED insofar as Travelers is entitled to an award of reasonable attorneys' fees and costs under Fla Stat., §59.29(8). The motion is denied without prejudi ce as to the reasonable amount of attorneys' fees to be awarded, with leave to file a renewed, well-prepared fee motion within fourteen (14) days of this Order. The motion is denied without prejudice as to costs, with leave to file a verified bill of costs, with detailed documentation of the reasonable costs Travelers seeks, also within fourteen (14) days of this Order. Signed by Judge James S. Moody, Jr. on 7/27/2018. (SMB)
February 7, 2018 Opinion or Order Filing 908 ORDER: The Report and Recommendation (Dkt. 894) of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this order for all purposes, including appellate review. (See Order for more details.) Signed by Judge James S. Moody, Jr. on 2/7/2018. (SMB)
September 21, 2017 Opinion or Order Filing 872 ORDER: The Report and Recommendation 865 of the Magistrate Judge is adopted, confirmed, and approved in all respects. FTBB, LLC's Second Motion for Summary Judgment on Travelers' Second Writ of Garnishment of Bing Kearney's US AmeriBank IRA Account 805 is DENIED. Bing Charles W. Kearney's Motion for Summary Judgment Finding IRA Funds Maintained in US AmeriBank Account Ending -1122 Exempt from Garnishment Pursuant to § 222.21, Florida Statutes 811 is DENIED. Travelers' Motion for Final Summary Judgment in Garnishment as to the IRA Account 815 is GRANTED in part and DENIED in part as described in the Report and Recommendation 865 . The subject USAmeriBank Account Ending in -1122 is not exempt from garnishment pursuant to Florida Statute § 222.21(2)(a). Signed by Judge James S. Moody, Jr. on 9/21/2017. (LN)
March 9, 2017 Opinion or Order Filing 831 ORDER adopting 828 Report and Recommendations. Judgment is entered in favor of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA and against FTBB, LLC as to Count II of the Amended Complaint in Execution of Judgment against FTBB, LLC 591 . Th e purported assignment of Regions' priority lien position to the USAmeriBank garnished funds to FTBB, LLC is hereby VOIDED. FTBB, LLC is prohibited from asserting a priority lien position to the USAmeriBank garnished funds in any pending collec tion action, including this case and the Regions case (case number 8:09-cv-1841-T-17MAP). TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, as against FTBB, LLC, is GRANTED a superior lien position to the USAmeriBank funds. Signed by Judge James S. Moody, Jr. on 3/9/2017. (LN)
June 15, 2016 Opinion or Order Filing 756 ORDER: The Report and Recommendation 749 of the Magistrate Judge is adopted, confirmed, and approved in all respects. Travelers' Adopted Motion for Final Summary Judgment 670 is DENIED. FTBB, LLC's Motion for Final Summary Judgment on Amended Complaint for Proceedings Supplementary ( 671 is GRANTED as to Count I and DENIED as to Counts II and III of Travelers' Amended Complaint. Signed by Judge James S. Moody, Jr on 6/15/2016. (LN)
April 8, 2016 Opinion or Order Filing 719 ORDER: The Report and Recommendation 711 of the Magistrate Judge is adopted, confirmed, and approved in all respects. Travelers' Motion for Summary Judgment in Garnishment Overruling Exemption and Joint Account 628 is GRANTED in part and DENIED in part. Travelers' Motion for Summary Judgment in Garnishment as to Claims of FTBB, LLC, and Moose Investments of Tampa, LLC 643 is GRANTED in part and DENIED in part. Interested Parties' Motion for Summary Judgment 634 is DENIED. FTBB, LLC's Motion for Summary Judgment 644 is DENIED. Bing Charles W. Kearney's Motion for Summary Judgment 645 is DENIED. Moose Investments and FTBB's Motion to Dissolve Second Writ of Garnishment 595 is DENIED.Bing Charles W. Kearney's Motion to Dissolve Second Writ of Garnishment 596 is DENIED; and Interested Parties' Motion to Dissolve Second Writ of Garnishment 597 is DENIED. Signed by Judge James S. Moody, Jr on 4/8/2016. (LN)
February 12, 2016 Opinion or Order Filing 692 ORDER: Travelers Casualty & Surety Company of America's Objection to the Magistrate Judge's January 14, 2016 Order 687 is OVERRULED. Signed by Judge James S. Moody, Jr on 2/12/2016. (LN)
January 14, 2015 Opinion or Order Filing 473 ORDER denying 441 Travelers Casualty & Surety Company of America's Motion for Preliminary Injunction for the same reasons that the Court dissolved 463 the Temporary Restraining Order 442 issued on December 30, 2014. Signed by Judge James S. Moody, Jr on 1/14/2015. (LN)
January 8, 2015 Opinion or Order Filing 464 TEMPORARY RESTRAINING ORDER: Order granting in part and denying in part 449 Travelers' Second Motion for Temporary Restraining Order Against Alan Payne. (See Order for details.) Signed by Judge James S. Moody, Jr on 1/8/2015. (LN)
August 2, 2011 Opinion or Order Filing 223 ORDER: Travelers Renewed Motion for Leave to Take Additional Depositions 220 is GRANTED. Travelers' Motion to Supplement 222 is DENIED as moot. Signed by Judge James S. Moody, Jr on 8/2/2011. (LN)
July 7, 2011 Opinion or Order Filing 219 ORDER: Travelers' Motion for Leave to Take Additional and Supplemental Depositions 204 is DENIED as moot. Signed by Judge James S. Moody, Jr on 7/7/2011. (LN)
October 25, 2010 Opinion or Order Filing 111 AMENDED ORDER granting in part 68 Travelers Casualty and Surety Company of America's Motion and Memorandum of Law to Require Specific Performance of the Collateral Security Deposit Provisions and Books and Records Provision of the General Agreement of Indemnity. Signed by Judge James S. Moody, Jr on 10/25/2010. (LN)
September 8, 2010 Opinion or Order Filing 98 ORDER: Plaintiff's and Third Party Defendants' Motion for Relief from Order on Specific Performance Pending Determination of Validated Collateral Security Amount 89 is GRANTED to the extent that the Court schedules an evidentiary hearing on MONDAY, OCTOBER 18, 2010, at 9:00 A.M. to hear evidence from the parties as to the reasonableness of the collateral security amount. Signed by Judge James S. Moody, Jr on 9/8/2010. (LN)
August 23, 2010 Opinion or Order Filing 93 ORDER: Travelers' Motion to Dismiss Kearney Construction Company, LLC's Second Amended Complaint Pursuant to Federal Rule of Civil Procedure 17(a) as Kearney Is No Longer the Real Party in Interest to Assert the Claim 83 is GRANTED IN PA RT. The Trustee has 90 days to join this action. If the Trustee fails to join this action by that time, Count II of Kearney's Second Amended Complaint shall be dismissed without prejudice. The parties should provide the Trustee with a copy of this Order. Signed by Judge James S. Moody, Jr on 8/23/2010. (LN)
July 15, 2010 Opinion or Order Filing 84 ORDER: Travelers's Motion to Require Specific Performance of the Collateral Security Deposit Provisions and Books and Records Provision of the General Agreement of Indemnity 68 is GRANTED IN PART. The Indemnitors Bing Kearney, Seeger, Payne, K&S, Florida Soil, Kearney Development, and Florida Fuel, jointly and severally, shall post $3.5 million in collateral with the Clerk of the Court. Unless and until these Indemnitors place good and sufficient collateral security with the Clerk of the Court in this amount, they shall not sell, transfer, alienate or encumber any property. This Order does not prohibit K&S, Florida Soil, Kearney Development, and Florida Fuel from paying expenses incurred for full value in the ordinary course of business. This Order also does not prohibit Bing Kearney, Seeger, and Payne from expending funds for ordinary living expenses. Upon receipt of the funds, the Clerk of the Clerk shall place the funds into a special interest-bearing account. Signed by Judge James S. Moody, Jr on 7/15/2010. (LN)
April 21, 2010 Opinion or Order Filing 67 ORDER: Defendant's Motions to Dismiss in Case No. 8:09-cv-1846-T-30TBM 33 and 8:09-cv-1850-T-30TBM 62 are granted. Plaintiffs' Second Amended Complaint in Case No. 8:09-cv-1846-T-30TBM is dismissed with prejudice. The CLERK is direc ted to close Case No. 8:09-cv-1846-T-30TBM. Count I of Plaintiffs' Second Amended Complaint in Case No. 8:09-cv-1850-T-30TBM is dismissed with prejudice. Case No. 8:09-cv-1850-T-30TBM shall remain open. Signed by Judge James S. Moody, Jr on 4/21/2010. (LN)
February 26, 2010 Opinion or Order Filing 51 ORDER: Defendant's Motions to Dismiss in Case No. 8:09-cv-1846 23 and 8:09-cv-1850 28 are granted. Count I is dismissed with prejudice. Count II is dismissed without prejudice to Plaintiff(s) to amend within 14 days. Signed by Judge James S. Moody, Jr on 2/26/2010. (LN)
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Plaintiff: Kearney Construction Company, LLC
Represented By: Jesse Lee Ray
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Defendant: Travelers Casualty and Surety Company of America
Represented By: Ryan Michael Scully
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