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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?