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

Filing 35

ORDER withdrawing 29 Motion for leave to file; withdrawing 30 Motion for temporary restraining order and preliminary injunction; denying without prejudice 33 Motion to certify class; granting 34 Motion to withdraw motions. Signed by Judge Virginia M. Hernandez Covington on 4/13/2009. (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 matter comes before the Court pursuant to

Plaintiffs' motion to withdraw motion for leave to file second amended complaint and motion for temporary restraining order and preliminary injunction (Doc. # 34), which was filed on April 10, 2009. On April 7, 2009, Plaintiffs filed their motion for leave to file a second amended complaint (Doc. # 29) and verified emergency motion for a temporary restraining order and

preliminary injunction (Doc. # 30).

Thereafter, on April 9,

2009, Plaintiffs filed a motion for class certification (Doc. # 33). By their present motion, Plaintiffs seek to withdraw their motion for leave to file a second amended complaint and motion for temporary restraining order and preliminary

injunction.

Plaintiffs submit that they seek to withdraw

their motions because Plaintiffs have filed a separate action against the FCC. Plaintiffs' Without commenting on the propriety of for this case, this Court grants

strategy

Plaintiffs' motion to withdraw the motion for leave to amend and motion for a temporary restraining order and preliminary injunction. Furthermore, this Court denies Plaintiffs' motion for class certification without prejudice because the class

certification motion was predicated upon the allegations of the proposed second amended complaint, which is withdrawn. Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) Plaintiffs' motion to withdraw motion for leave to file second amended complaint and motion for temporary

restraining order and preliminary injunction (Doc. # 34) is GRANTED. (2) Plaintiffs' motion for leave to file a second amended complaint (Doc. # 29) is WITHDRAWN. (3) Plaintiffs' verified emergency motion for a temporary restraining order and preliminary injunction (Doc. # 30) is WITHDRAWN.

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(4)

Plaintiffs' motion for class certification is DENIED WITHOUT PREJUDICE. DONE and ORDERED in Chambers, in Tampa, Florida, this

13th day of April, 2009.

Copies:

All Counsel of Record

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