[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 08-12814 APRIL 24, 2009 ________________________ THOMAS K. KAHN CLERK D. C. Docket No. 00-01334-MD-FAM M.D. LEONARD J. KLAY, et al.,

Plaintiffs, et al.,

JEFFREY NORDELLA, M.D., Plaintiff-Appellant, versus ALL DEFENDANTS, et al, Defendants, BLUE CROSS AND BLUE SHIELD OF CALIFORNIA, WELLPOINT HEALTH NETWORKS, INC.,

Defendants-Appellees. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (April 24, 2009) Before BIRCH, DUBINA and WILSON, Circuit Judges.

PER CURIAM: Having reviewed the record and briefs of the parties and having heard oral argument by the parties, we AFFIRM the judgment of the district court based upon the well-reasoned Report and Recommendation of the magistrate judge, issued on May 2006 and adopted by the district court on 21 August 2008.

AFFIRMED.