Regions Bank v. Kearney et al

Filing 156

ORDER ATTACHED denying 151 Motion in Limine. Signed by Judge Richard A. Lazzara on 3/9/2015. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

REGIONS BANK, an Alabama state-chartered bank,
as successor-in-interest to AmSouth Bank,
Plaintiff,
v.

CASE NO: 8:13-cv-2627-T-26TBM

BING CHARLES W. KEARNEY, and
TONYA NUFHER KEARNEY,
Defendants.
/

ORDER
UPON DUE CONSIDERATION of Defendants’ Motion in Limine Regarding
Confidential Settlement Discussions and Motion to Add Witnesses to Witness List (Dkt.
151) and Regions Bank’s Response in Opposition (Dkt. 155), the Court finds the motion
should be denied. Federal Rule of Evidence 408 prohibits only the admission of
settlement discussions “either to prove or disprove the validity or amount of a disputed
claim or to impeach . . .” The Bank argues that it is not attempting to introduce the
Curtailment Meeting or any other communications for these purposes, but is using the
Curtailment Meeting and related communications “to establish that Mr. Kearney was fully
aware of the Collection Action and the fact that he was personally liable for several

million dollars as early as September 9, 2009.”1 The evidence goes to the issue of Mr.
Kearney’s fraudulent intent at the time of the transfer of assets to tenants by the entireties,
and the issue of constructive fraudulent intent based on Mr. Kearney’s inability to pay the
$2,000,000.00 curtailment. In any event, Defendants waived this contention when all
testified without objection regarding the Curtailment Meeting at the trial in the Collection
Action. Accordingly, it is ORDERED AND ADJUDGED that Defendants’ Motion in
Limine Regarding Confidential Settlement Discussions and Motion to Add Witnesses to
Witness List (Dkt. 151) is DENIED.
DONE AND ORDERED at Tampa, Florida, on March 9, 2015.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO:

Counsel of Record

1

See docket 155, para. 14.
-2-