The class has not been thrown out. You are mis-informed.
Exact text from the court filings:
"Plaintiffs’ motion for class certification [37-1] has been pending since December 29, 2006. The court has not ignored the motion. On two occasions, the court has granted the parties’ request to defer ruling on it. The most recent request came on June 25, 2007, at which time the parties informed the court that they had reached a settlement agreement and would be jointly moving to certify a settlement class.
"Plaintiffs’ original motion to certify has been sitting idle on the court’s docket for over half a year, and, inasmuch as the parties will soon be submitting a joint motion to certify a settlement class, the court sees no reason to leave the old motion where it sits. Accordingly, plaintiffs’ motion for class certification [37-1] is hereby DENIED without prejudice. As the court made clear during its June 25, 2007 telephone conference, the parties may submit their joint motion for the court’s consideration when it is prepared."
The motion to certify the case as a class action was dismissed without prejudice because the parties involved will reportedly be agreeing on a settlement soon.
For those of you unfamiliar with the law, when something is dismissed without prejudice, it means the following: "to dismiss the present action, but leave open the possibility of another suit on the same claim."