Pat Plaintiff, citizen of Alabama, brings a deceptive advertising suit against Office Depat, Inc. under Florida state law in the US Federal District Court for the Northem District of Florida. Office Depot is a "big box" office supply retailer headquartered in Florida with more than 1,900 locations in North America alone, His complaint alleges that Office Depot made representations and statements in its catalogues and on its website which led "customers to believe that Office Depot's prices " merchandise in its catalog will be as low, if not lower, than the prices of identical merchandise purchased from any other office supply store, including Office Depot's own stores],|* when "[i]n fact, ... Office Depot's catalog prices are often significantly higher than the price of the same item in Office Depot stores.\" The complaint also alleges that Plaintiff relied upon such advertisements in the Fall 2012 catalogue when he purchased by phone a color printer cartridge for $36.99 and file folder labels for $2.99. When those items were subsequently delivered, the accompanying invoice reflected no delivery charges in the price of the items. A few days later, Plaintiff went into an Office Depot store and saw the same cantridge priced at $3.00 less, and the same labels priced at $0.50 less, than their prices in the catalogue. An Office Depot spokesman allegedly admitted 10 a newspaper that the claim of free delivery was false when the spokesman explained the difference between the store and catalogue prices by saying, "It is cenainly not uncommon that catalog pricing would be a little higher because of providing free delivery.\" Plaintiff filed a complaint in federal district court on behalf of himself and a proposed nationwide class of all Office Depot catalog customers over the past 2 years, alleging that Office Depot had made deceptive statements in its catalog regarding the pricing of its merchandise in violation of the Florida laws governing unfair and deceptive trade practices, fraud, and misleading and negligent advertising. The Complaint sought declaratory relief on behalf of the class, along with a corrective advertising campaign, and equitable damages in the form of restitutionary relief for those class members who had purchased from the catalog and paid a higher price for their items due to "free shipping." In addition to the compensatory relief prayed for above, the complaint sought $10,000,000.00 in punitive damages, an injunction prohibiting deceptive advertising in the future, attorney fees, and costs. Office Depot moved to dismiss the lawsuit on the ground that Plaintiff failed to comply with Florida Statutes $ 768.72, which requires a plaintiff to obtain leave from the court before including a prayer for punitive damages in a pleading. This statute was adopted due to concerns about abuse of punitive damages. Florida Statutes 5 768.72 provides as follows: "In any civil action, no claim for punitive damages shall be permitted unless there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages. The claimant may move to amend her or his complaint to assert a claim for punitive damages as allowed by the rules of civil procedure. The rules of civil procedure shall be liberally construed so as to allow the claimant discovery of evidence which appears reasonably calculated to lead to admissible evidence on the issue of punitive damages. No discovery of financial worth shall proceed until after the pleading concerning punitive damages is permitted." The Florida Supreme Court has interpreted $ 768.72 as requiring the dismissal of any request for punitive damages asserted without leave of the court. Plaintiff argues that in federal court the contents of the Complaint are defined by FRCP 8(a) and 9 and that, on the contrary, those rules require any claim for punitive damages to be stated in the Complaint. A) Analyze and explain whether the federal court should certify Pat Plaintiff's proposed class action. 15 points B) Should the federal court grant Defendant's motion and apply Florida Statute 9 768.727 Explain. 20 points