[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT September 23, 2008 No. 06-13432 THOMAS K. KAHN ________________________ CLERK D. C. Docket No. 03-20078-CV-CMA ALPHAMED PHARMACEUTICALS CORP., Plaintiff- Appellant- Cross-Appellee, JOHN, JARRETT, NOREEN AND DARREN LEZDEY, Plaintiffs, versus ARRIVA PHARMACEUTICALS, INC., a California Corporation, f.k.a. AlphaOne Pharmaceuticals, Inc., Defendant- Appellee- Cross-Appellant, SPINELLI CORPORATION, an Arizona corporation, Defendant-Appellee, CTG & ASSOCIATES LLC, a Georgia limited liability company, et al., Defendants. ________________________ Appeals from the United States District Court for the Southern District of Florida _________________________ (September 23, 2008) Before BIRCH and MARCUS, Circuit Judges and FORRESTER,* District Judge.

PER CURIAM: Having thoroughly reviewed the record, the briefs of the parties and hearing oral argument by counsel, we AFFIRM the judgment of the district court based on its well-reasoned opinion of 26 May 2006.

* Honorable J. Owen Forrester, United States District Judge for the Northern District of Georgia, sitting by designation.