WHYZ Radio, L.P. et al v. D.B. Zwirn Special Opportunities Fund, L.P. et al

Filing 145

ORDER: Chris McMurray's Motion of Joinder in D.B. Zwirn Special Opportunities Fund, L.P.'s Motion to Dismiss Plaintiffs' First Amended Complaint 97 and Motion of Joinder in D.B. Zwirn Special Opportunities Fund, L.P.'s Memorandum of Law in Opposition to Plaintiffs' Second Motion for Class Certification 98 are GRANTED. Signed by Judge Virginia M. Hernandez Covington on 10/2/2009. (KAK)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION DR. GLENN W. CHERRY, ET AL., Plaintiffs,

v.

Case No. 8:09-cv-33-T-33EAJ

D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, L.P., ET AL. Defendants. ________________________________/ ORDER This McMurray's matter Motion is before of the Court in pursuant Zwirn to Chris

Joinder

D.B.

Special

Opportunities Fund, L.P.'s Motion to Dismiss Plaintiffs' First Amended Complaint (Doc. # 97) and Motion of Joinder in D.B. Zwirn Special Opportunities Fund, L.P.'s Memorandum of Law in Opposition to Plaintiffs' Second Motion for Class

Certification (Doc. # 98)(collectively the "Joinder Motions"), both filed on June 12, 2009. Plaintiffs opposed the Joinder Motions because such motions failed to include a Local Rule 3.01(g), M.D. Fla., Certificate of Conference. (Doc. ## 100, 101). Thereafter,

Chris McMurray supplemented the Joinder Motions with 3.01(g), M.D. Fla., Certificates of Conference, indicating that such motions were opposed by Plaintiffs. (Doc. ##102, 103).

Plaintiffs failed to file a substantive objection to the relief sought in the Joinder Motions, and upon due

consideration, the Court determines that such motions should be granted. In this procedurally in the complex filings case, of Chris co-

McMurray's

requested

joinder

his

defendants is preferable to the submission of filings that are identical to those already pending in the Court file. Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED: (1) Chris McMurray's Motion of Joinder in D.B. Zwirn Special Opportunities Fund, L.P.'s Motion to Dismiss Plaintiffs' First Amended Complaint (Doc. # 97) and Motion of Joinder in D.B. Zwirn Special Opportunities Fund, L.P.'s

Memorandum of Law in Opposition to Plaintiffs' Second Motion for Class Certification (Doc. # 98) are GRANTED. (2) Chris McMurray is deemed to have joined in the filing of the Motion to Dismiss (Doc. # 46), which was filed on April 23, 2009, and is deemed to have joined in the filing of the Response in Opposition to Plaintiffs' Second Motion for Class Certification (Doc. # 56), which

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was filed on May 11, 2009. DONE and ORDERED in Chambers in Tampa, Florida, this 2nd day of October 2009.

Copies: All Counsel and Parties of Record

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