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)

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

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