NOT FOR PUBLICATION
IN THE DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. THOMAS AND ST. JOHN
YVESE CALIXTE,
Plaintiff,
v.
ROLINDA MCCARTHY,
              Defendant.
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)     Civil No. 2008-38
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ATTORNEYS:
Robert L. King, Esq.
St. Thomas, U.S.V.I. 
For the plaintiff,
Scot F. Mcchain, Esq. 
St. Croix, U.S.V.I.
For the defendant.
ORDER
GÓMEZ, C.J.
Plaintiff Yvese Calixte (“Calixte”) originally commenced the
above-captioned personal injury action against International
Rental & Leasing Corporation d/b/a Budget Rent-A-Car (“Budget”)
and Rolinda McCarthy (“McCarthy”).  On May 16, 2008, Budget filed
a motion to dismiss the above-captioned matter for lack of
subject matter jurisdiction, arguing that there was not complete
diversity because both it and Calixte were citizens of the Virgin
Islands.  On May 21, 2008, Calixte moved to amend her complaint
Case: 3:08-cv-00038-CVG-GWB   Document #: 20   Filed: 01/21/09   Page 1 of 2
Calixte v. McCarthy
Civil No. 2008-38
Order
Page 2
to remove Budget as a defendant.  The United States Magistrate
Judge subsequently granted Calixte’s motion to amend.  Because
Budget is no longer named as a defendant in the above-captioned
matter, it is hereby
ORDERED that the May 16, 2008, motion to dismiss is DENIED
as moot.
             S\                         
     Curtis V. Gómez
       Chief Judge
Case: 3:08-cv-00038-CVG-GWB   Document #: 20   Filed: 01/21/09   Page 2 of 2