MALACK V. BDO SEIDMANL LLP

Filing 43

ORDER THAT UPON CONSIDERATION OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION, DEFENDANT'S RESPONSE, PLAINTIFF'S REPLY, DEFENDANT'S SURREPLY AND PLAINTIFF'S RESPONSE THERETO, AND ORAL ARGUMENT HELD ON 7/14/09 AND PLAINTIFF' ;S SUPPLEMENTAL BRIEFING THERETO, AND FOR THE REASONS SET FORTH IN THE ACCOMPANYING MEMORANDUM, IT IS ORDERED THAT PLAINTIFFS' MOTION FOR CLASS CERTIFICATION IS DENIED. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 8/3/09. 8/4/09 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JOHN A. MALACK; MICHAEL R. ROSATI; VIRGIL MAGNON; S.S. RAJARAM M.D.; HAYWARD PEDIATRICS, INC.; AND HENRY MUNSTER v. BDO SEIDMAN, LLP : : : : : : : :

CIVIL ACTION NO. 08-0784

ORDER AND NOW, this 3rd day of August 2009, upon consideration of plaintiffs' motion

for class certification, defendant's response, plaintiff's reply, defendant's surreply and plaintiff's response thereto, and oral argument held on July 14, 2009 and plaintiff's supplemental briefing thereto, and for the reasons set forth in the accompanying memorandum, it is ORDERED that plaintiffs' motion for class certification is DENIED.

/s/ Thomas N. O'Neill, Jr. THOMAS N. O'NEILL, JR., J.