Erdman Company et al v. Phoenix Land & Acquisition, LLC et al

Filing 221

ORDER granting 210 Motion to Dismiss. Otis's Crossclaim against Long's Drilling Service, Inc is therefore dismissed without prejudice. Signed by Honorable Susan O. Hickey on December 17, 2012. (lw)

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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 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 Otis Elevator Company’s Motion for Voluntary Dismissal of Crossclaim. (ECF No. 210). The matter is ripe for the Court’s consideration. Otis moves the Court to dismiss without prejudice its crossclaim against Cross-Defendant Long’s Drilling Service, Inc. (ECF No. 75). Upon consideration, the Court finds that Otis has shown good cause for the motion. Fed. R. Civ. P. 41(a)(2). Accordingly, the Court finds that Otis’s Motion to Dismiss (ECF No. 210) should be and hereby is GRANTED. Otis’s Crossclaim against Long’s Drilling Service, Inc. (ECF No. 75) is 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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