OPINION AND ORDER

GUSTAVO A. GELPI, United States District Judge.

Presently before the court is defendant Vocational Rehabilitation Administration's ("Defendant") motion for reconsideration (Docket No. 57). For the following reasons the court DENIES the motion for reconsideration as to the failure to join a necessary party and REFERS the question of Eleventh Amendment immunity to Magistrate Judge McGiverin for Report and Recommendation.

I. Standard or Review

II. Discussion

59Perez-Perez v. Popular Leasing Rental, Inc.993 F.2d 281284Villanueva-Mendez v. Vazquez360 F.Supp. 2d 320322See Rivera Surillo Co. v. Falconer Glass. Indus. Inc.37 F.3d 2529F.D.I.C. Ins. Co. v. World University, Inc. 978 F.2d 1016 Cherena v. Coors Brewing Co.20 F. Supp. 2d 282286National Metal Finishing Com. v. BarclaysAmerican/Commercial, Inc.899 F.2d 119123 See See Cochran v. Quest Software Inc.328 F.3d 111DENIES

However, the court notes the potential for wasted resources if the only surviving claim continues, only to later be dismissed due to Eleventh Amendment immunity. It is in the trial court's discretion to allow consideration of the immunity defense because suit in violation of the Eleventh Amendment would be a manifest error of law. Because the court has already referred the remaining claim to Magistrate Judge McGiverin for a Report and Recommendation, the court finds the most efficient solution is for Magistrate Judge McGiverin to incorporate an analysis of the Eleventh Amendment within the Report and Recommendation. In doing so, Judge McGiverin will determine if any prospective injunctive relief is warranted, or if the injunctive relief may include any other retroactive remedy.

III. Conclusion

Pursuant to the opinion and analysis above, the court DENIES Defendant's motion for reconsideration as to the non-joinder of JREF as a necessary party. The court REFERS the issue of Eleventh Amendment immunity to Magistrate Judge McGiverin for inclusion in the Report and Recommendation.

SO ORDERED.

In San Juan, Puerto Rico.