Fabend v. Rosewood Hotels & Resorts, L.L.C.

MEMORANDUM

MOORE, District Judge.

Defendant and third-party defendant United States [“United States” or “defendant”] moves to dismiss the complaint of plaintiffs Richard and Margaret Fabend [collectively “Fabends” or “plaintiffs”] or in the alternative for summary judgment. 1 Plaintiffs and third-party plaintiffs Rosewood Hotel and Caneel Bay, Inc. oppose the government’s motion. For the reasons set forth below, this Court will deny defendant’s motion.

I. FACTS

In February 1999, the Fabends traveled to St. John for a vacation. They stayed at the Cinnamon Bay Campground [“Campground”], which is…