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

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