Opinion
Case No. 6:12-cv-1282-Orl-28DAB
04-20-2015
UNITED STATES OF AMERICA, f/u/b/o BB&B CONSTRUCTION SERVICES OF FLORIDA, INC., Plaintiff, v. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, FEDERAL INSURANCE COMPANY, FIDELITY AND DEPOSIT COMPANY OF MARYLAND, LIBERTY MUTUAL INSURANCE COMPANY, Defendants.
ORDER AND REPORT AND RECOMMENDATION
TO THE UNITED STATES DISTRICT COURT
This cause came on for consideration with oral argument on the following motion filed herein:
A hearing was held on April 20, 2015.
MOTION: COUNSEL'S MOTION TO WITHDRAW (Doc. No. 24)
FILED: March 3, 2015
THEREON it is ORDERED that the motion is DENIED as moot.
In this federal Miller Act case arising out of construction of the Veterans Affairs Medical Center, counsel for BB&B Construction Services of Florida, Inc. ("BB&B") moves to withdraw from representation of the corporation citing irreconcilable differences. Plaintiff is also involved in state court litigation that is stayed for arbitration; Defendants have asserted a counterclaim in the state case.
At the hearing on the Motion, the corporate representative of BB&B, Carolyn Sue Bowe, stated that she had no objection to the case being closed out because BB&B has decided, for circumstances not related to the merits of the claim, that the corporation is not able and does not wish to pursue its Miller Act claim.
It is respectfully RECOMMENDED that the stay be lifted and Plaintiff's claim against Defendants be DISMISSED. As stated at the hearing, Defendant does not object to the dismissal. Should any post dismissal motions be filed, the Court may reconsider the status of Plaintiff's counsel.
Failure to file written objections to the proposed findings and recommendations contained in this report within fourteen (14) days from the date of its filing shall bar an aggrieved party from attacking the factual findings on appeal.
Recommended in Orlando, Florida on April 20, 2015.
/s/_________
DAVID A. BAKER
UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Presiding District Judge
Counsel of Record
Courtroom Deputy