DECISION AND ORDERBACKGROUND Plaintiffs Sunset Homeowners Association, Inc. (the “Association”) and Glenn Arthurs (collectively, “Plaintiffs”) commenced this action in New York State Supreme Court, Cattaraugus County, on December 4, 2018, alleging that Natascha DiFrancesco and Bryan DiFrancesco (collectively, “Defendants”) breached their contractual obligations by advertising and utilizing their properties as rental units through Airbnb, Inc., and HomeAway, Inc. (Dkt. 1-2 at 4-18).1 The properties subject to this dispute are located at 6230 Sunset Road and 6245 Sunset Road in Ellicottville, New York (collectively, the “Properties”). (Id. at 5). On April 15, 2019, the Court issued a Decision and Order that denied Defendants’ motion to dismiss in part and held the remainder of that motion in abeyance along with Plaintiffs’ motion for a preliminary injunction until further briefing was submitted on the “limited issue” of whether Natascha was properly served. (See Dkt. 23 at 27-28). The parties have since filed supplemental papers in support of their respective positions. (Dkt. 25; Dkt. 26; Dkt. 27).Pending before this Court is Plaintiffs’ motion for a preliminary injunction (Dkt. 1-3 at 5-184) and the remaining aspects of Defendants’ motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(5) directed to the failure to serve Natascha (Dkt. 3). For the following reasons, Defendants’ motion to dismiss is granted as to Natascha, Plaintiffs’ motion for a preliminary injunction is denied without prejudice, and Plaintiffs are hereby ordered pursuant to Fed. R. Civ. P. 19(a)(2) to effectuate proper service upon Natascha within 30 days of this Decision and Order.BACKGROUNDThe background and procedural history of this case is set forth in detail in the Court’s April 15, 2019, Decision and Order (Dkt. 23) (the “April 2019 Decision”), familiarity with which is assumed for purposes of this Decision and Order. The Court has summarized the key details below.I. General BackgroundOn or about December 4, 2018, Plaintiffs filed a Summons and Verified Complaint with the New York State Supreme Court, County of Cattaraugus, alleging, among other things, causes of action for breach of contract and seeking a preliminary injunction enjoining Defendants from continuing to use the Properties in contravention of certain restrictive covenants applicable to both lots. (See Dkt. 1-2 at 2-18). On December 13, 2018, the state court issued an order to show cause containing a temporary restraining order that restricted Defendants’ use of the Properties. (See Dkt. 1-3 at 1-4). The state court subsequently issued a supplemental order to show cause on December 24, 2018, that carved out several exceptions to the prohibited rental activity in order to accommodate for the holiday season until the preliminary injunction hearing scheduled for January 17, 2019. (Id. at 186-90).Defendants removed the action to federal court on January 3, 2019 (Dkt. 1) — before the disposition of the preliminary injunction motion — and filed a motion to dismiss and a motion to vacate the temporary restraining order on the same day (Dkt. 3). Because the temporary restraining order expired 14 days after the action was removed (see Dkt. 7), on January 18, 2019, Plaintiffs filed a cross motion for a temporary restraining order (Dkt. 8) and requested an expedited hearing on that motion (Dkt. 9). At a telephone conference held on January 22, 2019, the Court denied Plaintiffs’ cross motion for a temporary restraining order and scheduled a motion hearing on Defendants’ motion to dismiss and Plaintiffs’ still pending motion for a preliminary injunction. (Dkt. 13). On January 31, 2019, the Court held oral argument and reserved decision. (Dkt. 22).II. The April 2019 DecisionOn April 15, 2019, the Court issued a Decision and Order that examined the three mechanisms by which Plaintiffs had attempted to effectuate service upon Defendants. The Court rejected Plaintiffs’ contentions that their federal express mailing or their compliance with the service requirements set forth in the state court’s order to show cause adequately effected service upon Bryan or Natascha. (Dkt. 23 at 13-19). However, the Court concluded that “service upon Bryan appears to have been properly effectuated” by Plaintiffs’ process server, John Patrick James McGrinder (“McGrinder”), who averred that he served the Summons and Verified Complaint upon Bryan at his place of business, and Defendants failed to offer “specific facts” refuting this averment. (See id. at 22-24). In contrast, the Court questioned whether McGrinder’s “substitute service” upon Bryan effected service upon Natascha in compliance with the rules of civil procedure applicable in the Canadian Province of Ontario, which the Court deemed to be necessary pursuant to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil and Commercial Matters (the “Convention”). (See id. at 24-26). Because the record evidence indicated that Natascha held an ownership interest in the Properties, the Court also questioned whether Natascha’s absence from this action would run afoul the requirements of Rule 19 of the Federal Rules of Civil Procedure. (Id. at 26-27).Recognizing that “neither side ha[d] briefed whether Ontario’s service requirements were satisfied,” the Court held the remainder of Defendants’ motion to dismiss in abeyance along with Plaintiffs’ motion for a preliminary injunction until further briefing was submitted “on the limited issue of whether McGrinder’s service of the Summons and Verified Complaint effectuated service upon Natascha DiFrancesco in full compliance with the Convention and New York law.” (Id. at 26-28). On April 25, 2019, the Court granted the parties’ joint request for a 45-day adjournment of the briefing schedule established for supplemental filings to permit the parties additional time to explore a potential resolution of the matter. (Dkt. 24).III. The Parties’ Supplemental SubmissionsOn June 13, 2019, Plaintiffs filed their supplemental responsive papers, arguing that Natascha is neither a “necessary” nor an “indispensable” party. (Dkt. 25-1). Plaintiffs contend, in the alternative, that they should be afforded an opportunity to serve Natascha “in a manner directed by the Court” in the event the Court comes to a contrary conclusion. (See id. at 8). Plaintiffs’ supplemental papers set forth no additional argument pertaining to whether service upon Natascha complied with the Convention and New York law, as had been requested by the Court in its April 2019 Decision.On June 20, 2019, Defendants filed their supplemental reply papers. (See Dkt. 26; Dkt. 27). Defendants include a new affidavit supplied by Natascha in which she avers that she owns a “one hundred percent…fee simple interest” in the Properties. (Dkt. 26 at 6). Natascha further avers that she “signed the deeds as owner of both Properties,” and that she entered into a “Condominium/Homeowners’ Association Rider” at the time she purchased the property located at 6230 Sunset Road, which identified various “title documents” that “include[d] the Association’s ‘Declaration, By-Laws and Rules.’” (Id. at
