Byas v. Legislature of the Virgin Islands

GÓMEZ, Chief Judge

MEMORANDUM OPINION

(December 24, 2008)

Before the Court is the motion of defendants Legislature of the Virgin Islands (the “Legislature”) and Usie Richards, in his official capacity only (“Senator Richards”) (collectively referred to as the “Moving Defendants”), to dismiss the complaint in this matter pursuant to Federal Rule of Civil Procedure 12(b)(7) (“Rule 12(b)(7)”). Alternatively, the Moving Defendants seek to join indispensable parties pursuant to Federal Rule of Civil Procedure 19 (“Rule 19”). For the reasons stated below, the Court will deny the motion.

I. FACTUAL AND…