Free Order on Motion for Joinder - District Court of Colorado - Colorado

Case 1:00-cv-02361-WDM-BNB

Document 41

Filed 03/13/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Walker D. Miller

Civil Action No. 00-cv-02361-WDM-MEH (concerning related case nos 00-cv-02361-WDMMEH through 02363-WDM-MEH; and case nos. 00-cv-02365-WDM-MEH through 02374WDM-MEH; and, Concerning Case Nos. 00-cv-02364-MJW-MEH and 00-cv-02394-MJWMEH Case No. 00-cv-02361-WDM-MEH WYRICK G. DEANE, Plaintiff, v. MILTON TUCKER, et al., Defendants. __________________________________________________________________ ORDER __________________________________________________________________ This matter is before me on the motion of Pitkin County Board of County Commissioners (County) to join as a party in interest in response to my February 8, 2007 order. County is concerned whether the proposed settlement by the parties would improperly constitute a subdivision without compliance with the County regulations adopted pursuant to Colo. Rev. Stat. § § 30-28-101 et. seq. The plaintiff and the remaining defendants, jointly referred to as the United States, do not object to the County' motion and by separate motion ask that a briefing schedule be s established on the issues raised by the County. It does appear that resolution of this case without the County' participation may prevent complete relief being accorded s

Case 1:00-cv-02361-WDM-BNB

Document 41

Filed 03/13/2007

Page 2 of 2

among the existing parties and expose those parties to inconsistent obligations. Being sufficiently advised in the premises, it is ordered: 1. The County' motion is granted and the County shall be joined as a party s defendant pursuant to Fed. R. Civ. P. 19; 2. The joint motion of the United States and plaintiff to establish a briefing schedule is granted; 3. Given the plaintiff' and the United States' s desire to obtain an order approving their settlement as a division of land which would not be considered a subdivision in accordance with Colo. Rev. Stat. § 30-28-101(10)(c)(II), the parties shall submit briefs addressing the merits of approval of the settlement and whether the order is a division of land not required to follow County subdivision regulations as follows: a. Consolidated brief of the plaintiff and the United States shall be due March 26, 2007; b. Brief of the County shall be due April 9, 2007; and c. Consolidated reply brief of the plaintiff and the United States shall be due April 16, 2007. DATED at Denver, Colorado, on March 13, 2007. BY THE COURT:

s/ Walker D. Miller United States District Judge

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