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

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)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

KEARNEY CONSTRUCTION COMPANY, LLC, Plaintiff, v. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, et al., Defendants. _____________________________________/ Case No. 8:09-cv-1850-T-30TBM

ORDER
THIS CAUSE comes before the Court upon Plaintiff's and Third Party Defendants' Motion for Relief from Order on Specific Performance Pending Determination of Validated Collateral Security Amount (Dkt. 89) and Travelers' Memorandum in Opposition of same (Dkt. 97). The Court, having considered the motion, response, and being otherwise advised in the premises, concludes that the motion should be granted to the extent that the parties may put on evidence as to a reasonable collateral amount. Upon hearing the evidence, the Court will decide whether the $3.5 million collateral amount should be amended. Accordingly, it is therefore ORDERED AND ADJUDGED that Plaintiff's and Third Party Defendants' Motion for Relief from Order on Specific Performance Pending Determination of Validated Collateral Security Amount (Dkt. 89) is hereby GRANTED to the extent that the Court

hereby schedules an evidentiary hearing on MONDAY, OCTOBER 18, 2010, AT 9:00 A.M. at the U. S. Sam Gibbons Courthouse, 801 North Florida Avenue, Courtroom #13A, Tampa, Florida 33602, to hear evidence from the parties as to the reasonableness of the collateral security amount. DONE and ORDERED in Tampa, Florida on September 8, 2010.

Copies furnished to: Counsel/Parties of Record
S:\Even\2009\09-cv-1850.mtforreliefAMENDED.wpd

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