Waxman v. Cliffs Natural Resources Inc.

OPINION

Sweet, District Judge.

Cliffs Natural Resources Inc. (“Cliffs” or the “Defendant”) has moved under Rule 12(b)(1), F. R. Civ. P. to dismiss the com*285plaint of plaintiffs Gary Waxman (“Wax-man”) and Leonard Hammerschlag (“Hammerschlag”) (collectively, the “Plaintiffs”) under Fed. R. Civ. P. 12(b)(1) for lack of Article III standing and under Fed. R. Civ. P. 12(b)(6) for failure to state a claim. Based upon the conclusions set forth below, the motion of Cliffs is granted, and the complaint of the Plaintiffs is dismissed.

I. Prior Proceedings and Facts

The Plaintiffs filed their putative class…