Kearney Construction Company, LLC v. Travelers Casualty and Surety Company of America

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)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
KEARNEY CONSTRUCTION
COMPANY, LLC,
Plaintiff,
v.

Case No: 8:09-cv-1850-T-30TBM

TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA,
FLORIDA SOIL CEMENT, LLC,
FLORIDA TRUCKING CO., INC.,
ALAN PAYNE, BRIAN W. SEEGER,
ISLEWORTH GOLF & COUNTRY
CLUB, INC. and OLD MEMORIAL
CLUB, INC.,
Defendants.

ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation
submitted by Magistrate Judge Thomas B. McCoun III (Dkt. #749). The Court notes that
neither party filed written objections to the Report and Recommendation and the time for
filing such objections has elapsed.
After careful consideration of the Report and Recommendation of the Magistrate
Judge in conjunction with an independent examination of the file, the Court is of the
opinion that the Magistrate Judge's Report and Recommendation should be adopted,
confirmed, and approved in all respects.
ACCORDINGLY, it is therefore, ORDERED AND ADJUDGED:

1.

The Report and Recommendation (Dkt. #749) 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.
2.

Travelers’ Adopted Motion for Final Summary Judgment (Dkt. #670) is

DENIED.
3.

FTBB, LLC’s Motion for Final Summary Judgment on Amended Complaint

for Proceedings Supplementary (Dkt. #671) is GRANTED as to Count I and DENIED as
to Counts II and III of Travelers’ Amended Complaint.
DONE and ORDERED in Tampa, Florida, this 15th day of June, 2016.

Copies Furnished To:
Counsel/Parties of Record
S:\Even\2009\09-cv-1850 adopt 749.docx

2