Center for Biological Diversity v. Pizarchik

ORDER GRANTING MOTION TO DISMISS

BLACKBURN, District Judge.

The matter before me is The Navajo Nation’s Amended Motion To Dismiss [# 47]1 filed June 14, 2011. I grant the motion.

I. JURISDICTION

I have subject matter jurisdiction pursuant to 28 U.S.C. § 1331 (federal question).

II. STANDARD OF REVIEW

Intervenor The Navajo Nation (“Nation”) seeks to dismiss plaintiffs complaint under Fed.R.Civ.P. 12(b)(7) for failure to join a required party, namely the Nation, under Fed.R.Civ.P. 19. A party seeking dismissal for failure to join bears the burden of persuasion. Lenon v. St. Paul Mercury Insurance…