XL SPECIALTY INSURANCE COMPANY v. INTERSTATE IND. CORP

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.