KEARNEY CONSTRUCTION COMPANY LLC v. TRAVELERS CASUALTY & SURETY COMPANY

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

KEARNEY CONSTRUCTION COMPANY LLC, Plaintiff, v. TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA, Defendant. v. KEARNEY CONSTRUCTION COMPANY, LLC, BING CHARLES W. KEARNEY, BRIAN W. SEEGER, ALAN PAYNE, FLORIDA TRUCKING CO., INC., FLORIDA EQUIPMENT CO., LLC., KEARNEY CONSTRUCTION COMPANY, INC., AVT EQUIPMENT LLC, KEARNEY DEVELOPMENT COMPANY, INC., K & S EQUIPMENT COMPANY, INC., FLORIDA SOIL CEMENT, LLC, FLORIDA FUEL TRANSPORTERS, LLC. Third Party Defendants.

United States District Court, M.D. Florida, Tampa Division.

February 12, 2016.


Attorney(s) appearing for the Case

Kearney Construction Company, LLC, Plaintiff, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Travelers Casualty and Surety Company of America, Defendant, represented by Alberta L. Adams , Mills Paskert Divers, PA, David Eric Gurley , Gurley Vitale, P.A., E.A. Mills, Jr. , Mills Paskert Divers, PA & Matthew G. Davis , Mills Paskert Divers, PA.

Florida Soil Cement, LLC, Defendant, represented by Jesse Lee Ray , Jesse Lee Ray Attorney at Law, P.A..

Florida Trucking Co., Inc., Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Alan Payne, Defendant, represented by Jesse Lee Ray , Jesse Lee Ray Attorney at Law, PA & Michael R. Carey , Carey, O'Malley, Whitaker & Mueller, PA.

Brian W. Seeger, Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

USAmeriBank, Garnishee, represented by Hugo Samuel DeBeaubien , Shumaker, Loop & Kendrick, LLP.

Shooters World, LLC, Garnishee, represented by William Collins , William Collins, PA.

Joanne Kearney Real Estate, Garnishee, represented by William Collins , William Collins, PA.

The Kearney Companies, LLC, Garnishee, represented by William Collins , William Collins, PA.

Track & Roller Equipment, LLC, Garnishee, represented by William Collins , William Collins, PA.

Florida Central Credit Union, Garnishee, represented by Michael Domenick Labarbera , Labarbera & Campbell.

JPMorgan Chase Bank, N.A., Garnishee, represented by Graham M. Smith , Wargo & French, LLP.

Kiwi Management Services, Inc., Garnishee, represented by Michael R. Carey , Carey, O'Malley, Whitaker & Mueller, PA.

Larry S. Hyman, Garnishee, represented by Edwin G. Rice , Bradley Arant Boult Cummings LLP.

Kearney LLC, Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Bing Charles W. Kearney, Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA & Michael R. Carey , Carey, O'Malley, Whitaker & Mueller, PA.

Florida Equipment Co., LLC, Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Kearney Construction Company, Inc., Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

ATV Equipment, LLC, Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Kearney Development Company, Inc., Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

K & S Equipment Company, Inc., Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Florida Fuel Transporters, LLC, Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Brian W. Seeger, Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Alan Payne, Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA & Michael R. Carey , Carey, O'Malley, Whitaker & Mueller, PA.

Florida Trucking Co., Inc., Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Florida Soil Cement, LLC, Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

FTBB, LLC, Frank Charles Miranda, P.A. 703 West Swann Avenue Tampa, FL 33606 8132542637, Material Witness, represented by Frank Charles Miranda , Frank Charles Miranda, PA.

Moose Investments of Tampa, LLC, Material Witness, represented by Frank Charles Miranda , Frank Charles Miranda, PA.

Tonya Nuhfer Kearney, Interested Party, represented by William Collins , William Collins, PA.

Clayton Kearney, Interested Party, represented by Dale M. Swope , Swope Rodante, PA & William Collins , William Collins, PA.

Bryan Kearney, Interested Party, represented by William Collins , William Collins, PA.

Regions Bank, Interested Party, represented by John A. Anthony , Anthony & Partners, LLC.

Clayton Whitman Kearney, Interested Party, represented by Dale M. Swope , Swope Rodante, PA.

Lawrence M. Watson, Jr., Mediator, represented by Lawrence M. Watson, Jr. , Upchurch, Watson, White & Max.

Pasco County, Movant, represented by Dana G. Toole , Dana G. Toole, PA.

Travelers Casualty and Surety Company of America, Third Party Plaintiff, represented by Alberta L. Adams , Mills Paskert Divers, PA, David Eric Gurley , Gurley Vitale, P.A., E.A. Mills, Jr. , Mills Paskert Divers, PA, Jason M. Miller , Office of the Attorney General & Kevin Michael Combest , Mills Paskert Divers, PA.

Kearney Construction Company, LLC, Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Travelers Casualty and Surety Company of America, Counter Claimant, represented by Alberta L. Adams , Mills Paskert Divers, PA, David Eric Gurley , Gurley Vitale, P.A. & E.A. Mills, Jr. , Mills Paskert Divers, PA.

Kearney Construction Company, LLC, Counter Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Travelers Casualty and Surety Company of America, Third Party Plaintiff, represented by Alberta L. Adams , Mills Paskert Divers, PA, David Eric Gurley , Gurley Vitale, P.A., E.A. Mills, Jr. , Mills Paskert Divers, PA, Kevin Michael Combest , Mills Paskert Divers, PA & Matthew G. Davis , Mills Paskert Divers, PA.

Kearney Development Company, Inc., Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Kearney Construction Company, Inc., Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Florida Soil Cement, LLC, Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA & William Collins , William Collins, PA.

Florida Trucking Co., Inc., Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Brian W. Seeger, Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA & Michael R. Carey , Carey, O'Malley, Whitaker & Mueller, PA.

Kearney LLC, Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Florida Fuel Transporters, LLC, Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

K & S Equipment Company, Inc., Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Bing Charles W. Kearney, Third Party Defendant, represented by Michael R. Carey , Carey, O'Malley, Whitaker & Mueller, PA, Richard B. Campbell , Carey, O'Malley, Whitaker & Mueller, PA & William Collins , William Collins, PA.

Alan Payne, Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Kearney Construction Company, LLC, Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

ATV Equipment, LLC, Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Florida Equipment Co., LLC, Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Travelers Casualty and Surety Company of America, Counter Claimant, represented by Alberta L. Adams , Mills Paskert Divers, PA, David Eric Gurley , Gurley Vitale, P.A. & E.A. Mills, Jr. , Mills Paskert Divers, PA.

Kearney Development Company, Inc., Counter Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Kearney Construction Company, Inc., Counter Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Florida Soil Cement, LLC, Counter Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA & William Collins , William Collins, PA.

Florida Trucking Co., Inc., Counter Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Brian W. Seeger, Counter Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Kearney LLC, Counter Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Florida Fuel Transporters, LLC, Counter Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

K & S Equipment Company, Inc., Counter Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Bing Charles W. Kearney, 911 Seddon Cove Way Tampa, FL 33602, Counter Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Alan Payne, Counter Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Kearney Construction Company, LLC, Counter Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

ATV Equipment, LLC, Counter Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Florida Equipment Co., LLC, Counter Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA.

Travelers Casualty and Surety Company of America, Third Party Plaintiff, represented by Alberta L. Adams , Mills Paskert Divers, PA, David Eric Gurley , Gurley Vitale, P.A., E.A. Mills, Jr. , Mills Paskert Divers, PA, Jennie Zilner Lippert , Mills Paskert Divers, PA & Kevin Michael Combest , Mills Paskert Divers, PA.

Alan Payne, Third Party Defendant, represented by Jesse Lee Ray , Jesse Lee Ray, Attorney at Law, PA & Michael R. Carey , Carey, O'Malley, Whitaker & Mueller, PA.

Travelers Casualty and Surety Company of America, Third Party Plaintiff, represented by Alberta L. Adams , Mills Paskert Divers, PA, David Eric Gurley , Gurley Vitale, P.A., E.A. Mills, Jr. , Mills Paskert Divers, PA, Jennie Zilner Lippert , Mills Paskert Divers, PA, Kevin Michael Combest , Mills Paskert Divers, PA & Matthew G. Davis , Mills Paskert Divers, PA.

FTBB, LLC, Third Party Defendant, represented by Frank Charles Miranda , Frank Charles Miranda, PA.


ORDER

This cause comes before the Court upon the Magistrate Judge's Order dated January 14, 2016 (Dkt. #680), Travelers Casualty & Surety Company of America's Objection to the Magistrate Judge's January 14, 2016 Order (Dkt. #687), and Defendant Bing Charles W. Kearney's Response...

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