As best I can tell, West Virginia hasn't been damaged yet, since Rodriguez has 30 days to make the first instalment.
30 days don't expire until mid January. You can't sue someone for what you think they are or aren't going to do.
Totally off the topic, but that reminds me of a Huggy Bear story I heard when he was at Cincinnati. After a particularly bad call, he went to the official and asked "Can you give me a technical for something I think?" The official assure him that he could not. Huggins then said "Good, because I think YOU SUCK".
The official proceeded to give him a technical