[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________ ________________ No. 13

- 11552

________________________ D.C. Docket No. 9:12

- cv - 80788

- KLR

DAVID ZINN, MICHELLE BAIO, Plaintiffs

- Appellants,

v ersus SCI FUNERAL SERVICES OF FLORIDA, INC., a Florida corporation, NORTHSTAR FUNERAL SERVICES OF FLORIDA, LLC, a Delaware limited liability company, NORTHSTAR CEMETERY SERVICES OF FLORIDA, LLC, a Delaware limited liability company, LEVITT WEINSTEIN MEMORIAL CHAPELS, INC., a Florida corporation, LEVITT WEINSTEIN MEMORIAL GARDENS, INC., a Florida corporation, et al., Defendants

- Appellees.

________________________ Appeal from the United States District Court for the Southern District of Florida

________________________ (June 11, 2014) Case: 13-11552 Date Filed: 06/11/2014 Page: 1 of 32 Before CARNES , Chief Judge, DUBINA and SILER , * Circuit Judges.
PER CURIAM: This appeal arises from a decision by the district court dismissing the plaintiffs ’ complaint for lack of standing under Article III. The plaintiffs are two individuals who reserved grave plots and purchased pre - need burial services at cemeteries run by the defendants. The y filed their original complaint in state court as a class action

. The complaint alleged that the defendants routinely defiled the graves in their cemeteries through various unsavory practi ces , such as making room for more bodies by moving or damaging the outer burial containers of individuals who were already buried . It further alleged that the defendants covered up th os e defilements so that customers would not learn about them

. Based on those allegations, the original complaint sought damages on behalf of all the individuals who had loved ones buried at th os e cemeteries , as well as all the individuals who had reserved grave plots or purchased pre - need burial services at th os e cemeteries. After the defendants removed the case to federal court using a provision of the Class Action Fairness Act, see 28 U.S.C. § 1332(d)(2)(A), the plaintiffs amended their complaint to remove the request for class action certification. But when the plaintiffs amended their complaint, they failed to include any factual

* Honorable Eugene E. Siler, Jr., United States Circuit Judge for the Sixth Circuit, sitting by designation. Case: 13-11552 Date Filed: 06/11/2014 Page: 2 of 33 allegations establishing that the grave plots they reserved had actually been affected by the alleged acts of the defendants. As a result, their amended complaint does not allege the injury

- in

- fact necessary to establish standing under Article III. See Lujan v. Defenders of Wildlife , 504 U.S. 555, 560, 112 S.Ct. 2130, 2136 (1992)

. Similarly, their failure to allege any personal detriment means that the ir Florida statutory claims assert

mere “ abstract statutory violation [s] , ” which Article III prevents us from deciding.
See Charvat v. Mut. First Fed. Credit Union , 725 F.3d 819, 824 (8th Cir. 2013)

. We therefore affirm the district court’s decision to dismiss the plaintiffs’ complaint with prejudice

. We note that o ur co nclus ion is consistent with an earlier decision by another panel of this Court holding that a nearly identical complaint failed to

sa t isfy the injury

- in

- fact requirement

. See Schwartz v. SCI Funeral Servs. of Fla. , No. 13

- 11830 , 2014 WL 443588 ( 11th Cir. Feb. 5, 2014). AFFIRMED. Case: 13-11552 Date Filed: 06/11/2014 Page: 3 of 3