Regions Bank v. Kearney et al

Filing 206

ORDER ATTACHED denying 199 Motion for Discovery. Signed by Judge Richard A. Lazzara on 3/31/2015. (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, JR., and
TONYA NUFHER KEARNEY,
Defendants.
/

ORDER
UPON DUE AND CAREFUL CONSIDERATION of the procedural history of this
case, together with the parties’ written submissions, it is ordered and adjudged that the
Plaintiff’s Motion to Reopen Discovery for the Limited Purpose of Identifying and Quantifying
Recent Transfers (Dkt. 199) is denied. Plaintiff has failed to put forth any persuasive argument
that would convince this Court to reopen the discovery process, even on the limited basis
requested by the Plaintiff. The Court also agrees with the Defendants’ arguments that there is
nothing prohibiting the Defendant Bing Kearney from legitimately attempting to resolve his
various debts with other creditors and that this is not the appropriate forum to settle priority of
lien disputes among those creditors. Consequently, to grant the motion would be an exercise in
futility and, given the past history of this case, would inevitably lead to unwarranted discovery
disputes not only between the parties but with third parties.

DONE AND ORDERED at Tampa, Florida, on March 31, 2015.

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

COPIES FURNISHED TO:

Counsel of Record

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