Chicago, Illinois 60604 July 31, 2002 Before Hon. WILLIAM J. BAUER, Circuit Judge… v. ] ] Ruben Castillo, TIMOTHY N. KAISER, M.D., In his ] Judge. capacity as class…

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

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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.

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