Cigna Care St. Louis v. Kaiser, Tim, (7th Cir. 2002)

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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

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.

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