CIGNA Care St. Louis v. Kaiser, Timothy N.

U.S. Court of Appeals for the Seventh Circuit
Per Curiam

CIGNA Care St. Louis v. Kaiser, Timothy N.

Opinion

United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

July 31, 2002

Before

Hon. WILLIAM J. BAUER, Circuit Judge

Hon. RICHARD A. POSNER, Circuit Judge

Hon. MICHAEL S. KANNE, Circuit Judge

CIGNA HEALTHCARE OF ST. LOUIS, ] Appeal from the United INCORPORATED, CIGNA HEALTHCARE ] States District Court for OF TEXAS, INCORPORATED, and CIGNA ] the Northern District of CORPORATION, ] Illinois, Eastern Division. Plaintiffs-Appellants, ] ] No. 01 C 5130 No. 02-1278 v. ] ] Ruben Castillo, TIMOTHY N. KAISER, M.D., In his ] Judge. capacity as class representative in ] a class action filed in the Circuit ] Court, 3d Judicial Circuit, Madison ] County, Illinois, MIDWEST NEOPAD ] ASSOCIATES, LIMITED, NORTHWESTERN ] MEMORIAL HOSPITAL, et al., ] Defendants-Appellees. ]

The following are before the court:

1. DEFENDANTS-APPELLEES’ MOTION FOR ISSUANCE OF CORRECTED OPINION, filed on July 9, 2002, by counsel for appellees.

2. APPELLANTS’ RESPONSE TO APPELLEES’ MOTION FOR ISSUANCE OF CORRECTED OPINION, filed on July 26, 2002, by counsel for appellants.

IT IS ORDERED that the APPELLEES’ MOTION FOR ISSUANCE OF CORRECTED OPINION is GRANTED. The Court amends its opinion dated Appeal No. 02-1278 Page 2

June 21, 2002, to the extent that the phrase “including one of the named plaintiffs” on page 10 of the slip opinion is deleted, so that the sentence shall read as follows:

We are not certain that he will; his actions in certifying a class even though many of its members were basing their claims on contracts containing arbitration clauses, in allowing discovery on the merits to proceed before ruling on arbitrability, and in delaying as long as he has ruling on that question (CIGNA moved the state judge for an order to arbitrate in July 2001, almost a year ago), do make us wonder whether federal arbitration rights may not be a second-order concern for him.

Reference

Status
Published