Rohrbach et al v. Elbert County, Board of County Commissioners

Filing 7

ORDER Denying 2 Motion to Dismiss or Stay. Further proceedings in this matter will be stayed until November 15, 2011, to permit the plaintiffs to determine whether this matter should be litigated in the class action or consolidated with it, by Judge Richard P. Matsch on 10/28/2011.(rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 11-cv-02321-RPM
KENNETH G. ROHRBACH,
KAREN L. ROHRBACH,
PAUL K. ROHRBACH, and
COMPOST EXPRESS, INC.,
Plaintiffs,
v.
BOARD OF COUNTY COMMISSIONERS OF ELBERT COUNTY,
Defendant.
_____________________________________________________________________
ORDER DENYING DEFENDANT’S MOTION TO DISMISS OR STAY
_____________________________________________________________________
On October 4, 2011, defendant Board of County Commissioners of Elbert County
filed a motion to dismiss under Fed.R.Civ.P. 12(b)(6) or stay this civil action pending
resolution of an action pending in the District Court, Elbert County, Colorado. The
plaintiffs’ filed their response on October 25, 2011. On review of the papers filed, it is
ORDERED that the defendant’s motion to dismiss or stay is denied. The
plaintiffs filed a motion for summary judgment as to liability on October 7, 2011. In their
response to the defendant’s motion to dismiss or stay, the plaintiffs refer to a pending
class action in Onyx Properties, et al. v. Elbert County Board of County Commissioners,
1:10-cv-01482-LTB-KLM, in which the same counsel appear for the plaintiffs and the
possibility that the Rohrbach plaintiffs may move to consolidate this action with the class
action. Under those circumstances, the summary judgment motion may be contrary to
the interest in judicial economy and the possibility of inconsistent results in two matters

pending in the same court. Accordingly, further proceedings in this matter will be stayed
until November 15, 2011, to permit the plaintiffs to determine whether this matter should
be litigated in the class action or consolidated with it.
DATED: October 28th, 2011
BY THE COURT:
s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge

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