Onyx Properties LLC et al v. Board of County Commissioners of Elbert County

Filing 101

USCA ORDER on 2/27/13 re: 99 Letter, filed by Paul K. Rohrbach, Kenneth G. Rohrbach, Karen L. Rohrbach, Emerald Properties, LLC, Paul Naftel, Onyx Properties LLC, Compost Express, Inc., Shauna Naftel, Valley Bank and Trust. Plaintiffs Petition for Permission to AppealDistrict Court's Denial of Class Certification is denied. (lswsl )

Appellate Case: 13-700

Document: 01019009410

Date Filed: 02/27/2013

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
_________________________________
ONYX PROPERTIES LLC, a Colorado
limited liability company; EMERALD
PROPERTIES, LLC, a Colorado limited
liability company; VALLEY BANK AND
TRUST, a Colorado State Bank; PAUL
NAFTEL, an individual; SHAUNA
NAFTEL; KAREN L. ROHRBACH;
PAUL K. ROHRBACH; COMPOST
EXPRESS, INC., a Colorado Corporation,

Page: 1
FILED
United States Court of Appeals
Tenth Circuit

February 27, 2013
Elisabeth A. Shumaker
Clerk of Court

No. 13-700
(D.C. No. 1:10-CV-01482-LTB-KLM)

Petitioners,
v.
BOARD OF COUNTY
COMMISSIONERS OF ELBERT
COUNTY, in its official capacity,
Respondent.
_________________________________
ORDER
_________________________________
Before BRISCOE, Chief Judge, O'BRIEN, and MATHESON, Circuit Judges.
_________________________________
This matter is before the court on Plaintiffs’ Petition for Permission to Appeal
District Court’s Denial of Class Certification in Onyx Properties, et al. v. Board of
County Commissioners of Elbert County Civil Action No. 10-cv-01482-LTB-KLM
(consolidated w/11-cv-02321-RPM-MJW) (the “Petition”). Defendant Board of County
Commissioners of Elbert County filed a response opposing the Petition. Plaintiffs filed a
motion to file a reply brief in support of the Petition and submitted a proposed reply brief.

Appellate Case: 13-700

Document: 01019009410

Date Filed: 02/27/2013

Page: 2

As an initial matter, Plaintiffs’ motion to file a reply brief is granted. The reply
brief shall be deemed filed as of the date it was received by the court.
Upon careful consideration of the pleadings, the record, and the materials
submitted by the parties, the Petition is denied.
Entered for the Court
ELISABETH A. SHUMAKER, Clerk
by: Lara Smith
Counsel to the Clerk

2

Appellate Case: 13-700

Document: 01019009415

Date Filed: 02/27/2013

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
OFFICE OF THE CLERK
Byron White United States Courthouse
1823 Stout Street
Denver, Colorado 80257
[phone]
Elisabeth A. Shumaker
Clerk of Court

February 27, 2013

Douglas E. Cressler
Chief Deputy Clerk

Mr. James D. Thorburn
The Law Office of James D. Thorburn
7730 East Belleview Avenue, Suite A-102
Greenwood Village, CO 80111
RE:

13-700, Onyx Properties, et al v. Board of County Commissioners
Dist/Ag docket: 1:10-CV-01482-LTB-KLM

Dear Counsel:
Enclosed please find an order issued today by the court.
Please contact this office if you have questions.
Sincerely,

Elisabeth A. Shumaker
Clerk of the Court

cc:

EAS/kf

Melanie Bailey Lewis
Josh Adam Marks
Heidi C. Potter
Rudy Edward Verner