Maisel v. Erickson Construction, Inc. et al

Filing 125

ORDER. Defendants/cross-claimants/third-party plaintiffs Rickie Dean Erickson and Erickson Construction Inc.s Motion To Reinstate Cross-Claims 124 filed 11/3/2011, is GRANTED. By Judge Robert E. Blackburn on 11/4/2011.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 11-cv-00555-REB-KLM
ELLIOT B. MAISEL,
Plaintiff,
v.
ERICKSON CONSTRUCTION, INC., a Colorado corporation,
RICKIE DEAN ERICKSON, individually,
CHARLES L. CUNNIFFE, individually, d/b/a Charles Cunniffe & Assoc, Architects,
ALPINE HEATING AND SHEET METAL, INC., a Colorado corporation,
COG PLUMBING & HEATING, INC., a Colorado corporation,
JOHN’S CONSTRUCTION,
PEAK SERVICE AND RENOVATION INC., d/b/a Peak Mechanical Services, Inc., a
Colorado corporation, and
THE LOG CONNECTION, INC., a Colorado corporation,
Defendants.
ERICKSON CONSTRUCTION, INC., a Colorado corporation,
RICKIE DEAN ERICKSON, individually,
Cross-Claimants/Third-Party Plaintiffs.
CHARLES L. CUNNIFFE, individually, d/b/a Charles Cunniffee & Assoc, Architects,
COG PLUMBING & HEATING , INC., a Colorado corporation,
PEAK SERVICE AND RENOVATION INC., d/b/a Peak Mechincal Services, Inc., a Colorado
corporation,
THE LOG CONNECTION, INC., a Colorado corporation,
DAVID JOHNS, individually, d/b/a Johns Construction,
CROSS SEVEN, INC., a Colorado corporation,
LOGARYTHMS, INC., a Colorado corporation,
STEAMBOAT LANDSCAPING, INC., d/b/a Mountain West Environments, Inc., a Colorado
corporation, and
TBW, INC., a Colorado corporation,
Cross-Claim Defendants/Third-Party Defendants.
ORDER RE MOTION TO REINSTATE CROSS-CLAIMS
Blackburn, J.
The matter is before me on defendants/cross-claimants/third-party plaintiffs Rickie
Dean Erickson and Erickson Construction Inc.’s Motion To Reinstate Cross-Claims

[#124]1 filed November 3, 2011. After reviewing the motion and the file, I conclude that the
motion should be granted and defendants/cross-claimants/third-party plaintiffs Rickie Dean
Erickson and Erickson Construction Inc.’s negligence, breach of contract, indemnification,
and contribution claims against cross-claim defendant Cog Plumbing & Heating, Inc.,
originally asserted in Erickson’s cross-claims and third-party claims, should be reinstated.
THEREFORE, IT IS ORDERED as follows:
1. That defendants/cross-claimants/third-party plaintiffs Rickie Dean Erickson and
Erickson Construction Inc.’s Motion To Reinstate Cross-Claims [#124] filed November 3,
2011, is GRANTED;
2. That cross-claimants Rickie Dean Erickson and Erickson Construction, Inc.’s
negligence, breach of contract, indemnification, and contribution cross-claims against Cog
Plumbing & Heating, Inc. ARE REINSTATED, and Cog Plumbing & Heating, Inc., is added
as a named cross-claim defendant in this action, and the case caption is amended
accordingly.
Dated November 4, 2011, at Denver, Colorado.
BY THE COURT:

1

“[#124]” is an example of the convention I use to identify the docket number assigned to a specific
paper by the court’s electronic case filing and management system (CM/ECF). I use this convention throughout
this order.

2