Chicago, Illinois 60604 Submitted November 10, 2016 Decided November 14, 2016 Before… v. United Healthcare Services, Inc

NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted November 10, 2016*
Decided November 14, 2016
Before
RICHARD A. POSNER, Circuit Judge
FRANK H. EASTERBROOK, Circuit Judge
DIANE S. SYKES, Circuit Judge
No. 16-­‐‑3041
SANDRA RIEDERER,
Plaintiff-­‐‑Appellee,
v.
UNITED HEALTHCARE SERVICES, INC.,
Defendant-­‐‑Appellant.
Appeal from the United
States District Court for
the Eastern District of
Wisconsin.
No. 15-­‐‑C-­‐‑1292
William C. Griesbach,
Chief Judge.
Order
Sandra Riederer brought this suit as a class action on behalf of persons
employed by United Healthcare, which asked the district court to refer the
proceeding to a series of arbitrations, one for each employee. The district court
denied this motion, observing that Lewis v. Epic Systems Corp., 823 F.3d 1147 (7th
* We have unanimously agreed to decide the case without argument because the briefs and
record adequately present the facts and legal arguments, and argument would not significantly
aid the court. See Fed. R. App. P. 34(a)(2)(C).

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No. 16-­‐‑3041 Page 2
Cir. 2016), held invalid a contractual waiver of employees’ opportunity to
proceed collectively. United immediately appealed on the authority of 9 U.S.C.
§16(a). It concedes that Lewis is dispositive but contends that it is wrongly
decided and asks us to overrule it. Yet Lewis was circulated before release to all
active judges under Circuit Rule 40(e), and none favored a hearing en banc.
There is an entrenched conflict among the circuits on the question in Lewis, and
this court’s reconsideration could not spare the Supreme Court the need to
resolve the conflict. Multiple petitions for certiorari in cases presenting this
question are pending before the Supreme Court. That is the right forum for
United’s arguments.
AFFIRMED

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