Maisel v. Erickson Construction, Inc.

1:11-cv-00555 | D. Colo. | Nov 4, 2011

Case 1:11-cv-00555-REB-KLM Document 125 Filed 11/04/11 USDC Colorado Page 1 of 2

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 Case 1:11-cv-00555-REB-KLM Document 125 Filed 11/04/11 USDC Colorado Page 2 of 2 [#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:

NOTES

[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