Lyons

ORDER DENYING MOTION TO STRIKE, GRANTING IN PART MOTION TO DISMISS WITH LEAVE TO AMEND, & VACATING ORDER

On November 4, 2008, Plaintiff Lynn Lyons (“Lyons”) filed a class action complaint against Defendant Coxcom, Inc., doing business as Cox Communications, Inc. (“Cox”). (Doc. No. 1, Compl.) On February 6, 2009, 2009 WL 347285 , the Court granted Defendant Cox’s motion to dismiss and granted Plaintiff leave to amend. (Doc. No. 34.) Plaintiff filed a first amended class action complaint (“FAC”) on March 9, 2009 against Cox Communications, Inc. and Cox Enterprises, Inc. (Doc. No. 35.) On April 2, 2009, Defendant Cox filed a motion to strike the class allegations and dismiss the FAC for lack of subject matter jurisdiction and a motion to dismiss the FAC for failure to state a claim. (Doc. Nos. 40 & 42.) Defendant also filed a request for judicial notice. (Doc. No. 41.) On May 11, 2009, Plaintiff filed a response in opposition and a request for judicial notice. (Doc. Nos. 46-47.) On May 29, 2009, Defendant filed a reply. (Doc. No. 49.) Plaintiff filed a notice of supplemental authority on June 1, 2009. (Doc. No. 52.) On June 7, 2009, Defendant filed a response to Plaintiffs notice of…