FOR PUBLICATION
IN THE DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. THOMAS AND ST. JOHN
ROBERT S. MATHES,1 COMMISSIONER OF
)
THE VIRGIN ISLANDS DEPARTMENT OF
)
PLANNING AND NATURAL RESOURCES, IN )
HIS CAPACITY AS TRUSTEE FOR THE 
)
NATURAL RESOURCES OF THE TERRITORY )
OF THE UNITED STATES VIRGIN 
)
ISLANDS, and IN HIS CAPACITY
AS 
)
Civil No. 2006-229
ASSIGNEE OF THE CLAIMS OF L’HENRI, )
INC.,
)
Plaintiff,
)
)
v.
)
)
VULCAN MATERIALS COMPANY and THE 
)
DOW CHEMICAL COMPANY,
)
)
Defendants.
)
___________________________________)
ATTORNEYS:
John K. Dema, Esq.
St. Croix, U.S.V.I.
For the plaintiff,
Gordon C. Rhea, Esq.
Mt. Pleasant, SC
For the plaintiff,
1  The Complaint originally named Dean C. Plaskett
(“Plaskett”), former Commissioner of the United States Virgin
Islands Department of Planning and Natural Resources, as the
plaintiff in this matter.  Since that time, Robert S. Mathes
(“Mathes”) succeeded Plaskett as the Commissioner of the United
States Virgin Islands Department of Planning and Natural
Resources.  As such, Mathes is automatically substituted for
Plaskett as the plaintiff in this matter. See Fed. R. Civ. P.
25(d) (“An action does not abate when a public officer who is a
party in an official capacity . . . ceases to hold office while
the action is pending.  The officer’s successor is automatically
substituted as a party.”).
Case: 3:06-cv-00229-CVG-RM   Document #: 46   Filed: 08/21/09   Page 1 of 2
Mathes v. Vulcan, et al.
Civil No. 2006-229
Order
Page 2
Douglas C. Beach, Esq.
Carol Ann Rich, Esq.
St. Thomas, U.S.V.I.
For defendant Vulcan Materials Company,
Richard H. Hunter, Esq.
St. Croix, U.S.V.I.
For defendant The Dow Chemical Company.
ORDER
GÓMEZ, C.J.
Before the Court is a pleading filed by the plaintiff in
this matter, Robert S. Mathes (“Mathes,” or the “Commissioner”),
Commissioner of the United States Virgin Islands Department of
Planning and Natural Resources (“DPNR”).  That pleading, styled
as a “Suggestion to Dismiss,” invites the Court to dismiss this
matter without prejudice for lack of subject-matter jurisdiction. 
For the reasons stated in the accompanying Memorandum Opinion of
even date, it is hereby
ORDERED that the “Suggestion to Dismiss” is GRANTED; it is
further
ORDERED that the above-captioned matter is DISMISSED; and it
is further
ORDERED that the Clerk of the Court shall CLOSE this matter.
   
  S\                      
      Curtis V. Gómez
        Chief Judge
Case: 3:06-cv-00229-CVG-RM   Document #: 46   Filed: 08/21/09   Page 2 of 2