Erdman Company et al v. Phoenix Land & Acquisition, LLC et al
Filing
209
ORDER granting 205 Motion to Dismiss. Erdman's third-party claims against Long's Drilling Service, Inc. are therefore dismissed without prejudice. Signed by Honorable Susan O. Hickey on December 17, 2012. (lw)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
ERDMAN COMPANY; and ERDMAN
ARCHITECTURE & ENGINEERING
COMPANY
VS.
PLAINTIFFS
CASE NO. 2:10-CV-2045
Lead case
PHOENIX LAND & ACQUISITION, LLC;
PHOENIX HEALTH, LLC
DEFENDANTS
ERDMAN COMPANY; and ERDMAN
ARCHITECTURE & ENGINEERING
COMPANY
THIRD PARTY PLAINTIFFS
VS.
DATA TESTING, INC.;
OTIS ELEVATOR COMPANY; and
LONG’S DRILLING SERVICE, INC.
THIRD PARTY DEFENDANTS
______________________________________________________________________________
PHOENIX HEALTH, LLC; and
IPF, LLC
VS.
CONSOLIDATED PLAINTIFFS
CASE NO. 2:11-CV-2067
Member Case
ERDMAN ARCHITECTURE &
ENGINEERING COMPANY; and
OTIS ELEVATOR COMPANY
CONSOLIDATED DEFENDANTS
ORDER
Before the Court is Erdman Company and Erdman Architecture & Engineering
Company’s Motion for Voluntary Dismissal of Third Party Claim. (ECF No. 205). The matter is
ripe for the Court’s consideration.
Erdman moves the Court to dismiss without prejudice its third-party complaint against
Third-Party Defendant Long’s Drilling Service, Inc. (ECF No. 156). Upon consideration, the
Court finds that Erdman has shown good cause for the motion. Fed. R. Civ. P. 41(a)(2).
Accordingly, the Court finds that Erdman’s Motion to Dismiss (ECF No. 205) should be and
hereby is GRANTED. Erdman’s third-party claims against Long’s Drilling Service, Inc. (ECF
are therefore DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED, this 17th day of December, 2012.
/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge
2
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