FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

JULY 13, 2011

JOHN LEY

CLERK

 [DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 10-10761

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D.C. Docket No. 8:09-cv-00033-VMC-EAJ

GLENN W. CHERRY, Dr.,

CHARLES W. CHERRY, II, Esq.,

GROUP ASSETS, LLC,

 Plaintiffs-Appellants,

versus

D. B. ZWIRN SPECIAL OPPORTUNITIES

FUND, L.P., BLACK ENTERPRISE/GREENWICH

STREET CORPORATE GROWTH INVESTORS,

LLC, et al.,

 Defendants-Appellees. 

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Appeal from the United States District Court

for the Middle District of Florida

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(July 13, 2011)

Before TJOFLAT, CARNES and HILL, Circuit Judges.
PER CURIAM:

This is an appeal from the dismissal of the plaintiffs’ amended complaint,

without leave to further amend, in their derivative action/class action against

multiple defendants, asserting eleven (11) alleged violations, including racial

discrimination under 42 U.S.C. §§ 1981 and 1982. Collectively, the various

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defendants filed four (4) motions to dismiss. The report and recommendation of

the United States Magistrate Judge recommended that the plaintiffs’ amended

complaint be dismissed, and the motions to dismiss be granted. The district court,

after careful consideration, adopted the report and recommendation of the

magistrate judge, with the added determination that the dismissal be without leave

to amend.

 The named plaintiffs are: Dr. Glenn W. Cherry, Charles W. Cherry, II (collectively, the 1

Cherrys), and Group Assets, LLC (Group Assets). The Cherrys are shareholders in defendant

Tama Broadcasting, Inc. (Tama). They formed Group Assets, a Florida limited liability company

which leased property for certain radio stations and studios owned by Tama.

The named defendants are: D.B. Zwirn Special Opportunities Fund L.P., Straight Way

Radio, LLC, Bernard Radio, LLC, Daniel B. Zwirn, Peter Lieberman, Ted Bolton, Tama, Black

Enterprise/Greenwich Street Corporate Growth Investors, LLC, Black Enterprise/Greenwich

Street Corporate Growth Partners, L.P., Jeffrey Scott, Ed A. Williams, and Chris McMurray.

Plaintiffs alleged that certain of the defendants: (1) violated the Equal Credit Opportunity

Act, 15 U.S.C. § 1691, et seq.; (2) violated 42 U.S.C. §§ 1981, 1982; (3) violated Section 10(b)

of the Securities Exchange Act of 1934 and Rule 10b-5; (4) violated Section 310(d) of the

Federal Communications Act, 47 U.S.C. § 151, et seq.; (5) breached their fiduciary duties; (6)

breached their duty of care and improvidently lent funds to plaintiffs; (7) breached an implied

covenant of good faith and fair dealing; (8) tortiously interfered with plaintiffs’ contractual

relations and prospective business; (9) engaged in deceptive business practices; (10) violated

Sections 448.102(1) and (3) of the Florida Whistle-Blower Act; and (11) unjustly enriched

themselves by utilizing plaintiffs’ property without paying rent.

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We have thoroughly reviewed the record in this case, the report and

recommendation of the magistrate judge, the district court order adopting the

magistrate judge’s report and recommendation, the determination by the district

court that the dismissal be without leave to further amend, and the briefs and the

arguments of counsel. Finding no error, the judgment of the district court is

affirmed.

AFFIRMED.

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