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

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)

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

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

TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA,
Defendant,
v.
KEARNEY CONSTRUCTION COMPANY,
LLC, et al.,
Third Party Defendants,
_____________________________
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
Plaintiff,
v.
FTBB, LLC,
Defendant.
ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation
submitted by Magistrate Judge Christopher P. Tuite (Dkt. 936). An Objection was filed by
Defendant Bing Charles W. Kearney, Jr. (Dkt. 937).
After careful consideration of the Report and Recommendation of the Magistrate
Judge, the Objection to the Report and Recommendation, and 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 that:
1.

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.
2.

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).
3.

The motion is denied without prejudice 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.
4.

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.
DONE and ORDERED in Tampa, Florida on July 27, 2018.

Copies Furnished To:
Counsel/Parties of Record

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