GUTHERMAN v. 7-ELEVEN, INC., (S.D.Fla. 2003)

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.