Citation Codes Equivalent Citations citation codes Docket Number Case No. 02-60691-MIDDLEBROOKS/JOHNSON Motions Motion to strike : Denied Motion to dismiss : Granted Judges Donald M. Middlebrooks See more information ... Smart Summary Please sign up to generate summary. LEONA GUTHERMAN, FREDERICK SHOTZ, ACCESS NOW, INC., et al., Plaintiffs, v. 7-ELEVEN, INC., Defendant ORDER ADOPTING REPORT AND RECOMMENDATION DONALD MIDDLEBROOKS, District Judge THIS CAUSE comes before the Court upon Defendant's Motion to Dismiss Amended Complaint or Strike Class Action Allegations (DE 26), filed January 31, 2003. The Court has reviewed the record and the recommendations of the Magistrate Judge. For the reasons stated in the Report of the Magistrate Judge and upon independent review of the file, it is hereby ORDERED AND ADJUDGED that Defendant's Motion to Dismiss Amended Complaint (DE 26-1) is GRANTED. The Amended Complaint is DISMISSED with leave to file a second amended complaint no later than September 19, 2003. Defendant's Motion to Strike Class Action Allegations (DE 26-2) is DENIED AS MOOT.