Citation Codes Equivalent Citations citation codes Docket Number Civil Action No. 09-00082 (DMC). Motions Motion to dismiss : Denied Judges Dennis M. Cavanaugh See more information ... Smart Summary Please sign up to generate summary. XL SPECIALTY INSURANCE COMPANY, Plaintiff, v. INTERSTATE INDUSTRIAL CORPORATION, INTERSTATE DRYWALL CORPORATION, INTERSTATE MATERIAL CORPORATION, FRANK A. DITOMMASO, and PETER N. DITOMMASO, Defendants. ORDER DENNIS CAVANAUGH, District Judge This matter comes before the Court upon motion by Interstate Industrial Corporation ("Interstate"), Interstate Drywall Corporation ("Interstate Drywall"), Interstate Materials Corporation ("Interstate Materials"), Frank A. DiTommaso, and Peter N. DiTommaso (collectively "Defendants") to dismiss the Complaint pursuant to Fed.R.Civ.P. 12(b)(7) for failure to join a party under Fed.R.Civ.P. 19; and the Court having reviewed all submissions; and for the reasons stated in it is Opinion issued on this day; IT IS on this 18th day of August 2009; ORDERED that Defendants' motion to dismiss is denied.