Opinion
Case No. 6:06-cv-637-Orl-28KRS.
April 25, 2008
ORDER
This cause is before the Court on Plaintiffs' Objections (Doc. 49) to the magistrate judge's Report and Recommendation, which recommended that Plaintiffs' Motion for Class Certification be denied. Also before the Court is Plaintiffs' Motion for Leave to Amend the Class Action Complaint and the Verified Derivative Complaint (Doc. 51), and Defendant's Response thereto (Doc. 53). While Defendant does not oppose Plaintiffs' request to amend the Verified Derivative Complaint, Defendant does oppose amendment of the Class Action Complaint as futile because of Plaintiffs' lack of standing.
Upon consideration of the Report and Recommendation, Plaintiffs' Objections, and Defendant's Response (Doc. 52), the Report and Recommendation (Doc. 46) is ADOPTED and CONFIRMED. Plaintiffs' Motion for Class Certification (Doc. 38) is DENIED. Plaintiffs' Class Action Complaint (Doc. 1) is DISMISSED. Plaintiffs have ten (10) days to file an Amended Class Action Complaint containing facts sufficient to establish their standing to maintain this action. Plaintiffs' Motion to Amend (Doc. 51) is GRANTED as to the Verified Derivative Complaint as unopposed; it is also GRANTED as to the Class Action Complaint to the extent Plaintiffs are able to also establish standing.
DONE and ORDERED.