Opinion
CASE NO. 08-60744-CIV-ZLOCH.
June 26, 2008
ORDER
THIS MATTER is before the Court upon Defendant J.W. Lee, Inc. d/b/a Scarlett's Cabaret's Motion To Dismiss (DE 4). The Court has carefully reviewed said Motion and the entire court file and is otherwise fully advised in the premises.
By prior Order (DE 7) the Court denied the instant Motion (DE 4) to the extent it sought to dismiss the Complaint (DE 1, Ex. A) for failure to state a claim upon which relief could be granted. In said Order, the Court reserved ruling as to part II.B, which sought to dismiss the class action portions of the Complaint.
Plaintiff filed his response to part II.B of the instant Motion. DE 8. The Court notes that Defendant's argument to dismiss the class action allegations of the Complaint is better addressed when, and if, Plaintiff files a motion for such certification.
Accordingly, after due consideration, it is
ORDERED AND ADJUDGED that to the extent that Defendant J.W. Lee, Inc. d/b/a Scarlett's Cabaret's Motion To Dismiss (DE 4) seeks to dismiss the class action allegations of the Complaint (DE 1, Ex. A), it be and the same is hereby DENIED. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida.