Disher, Richard v. Citigroup Global

• Court: Court of Appeals for the Seventh Circuit
• Decided: January 22, 2007
• Docket: 04-3073
• Status: Unpublished

Opinion

NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed.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 August 21, 2006 Decided January 22, 2007

Before

Hon. WILLIAM J. BAUER, Circuit Judge

Hon. KENNETH F. RIPPLE, Circuit Judge

Hon. MICHAEL S. KANNE, Circuit Judge

No. 04-3073

RICHARD DISHER, individually and Appeal from the United States on behalf of all others similarly District Court for the Southern situated, District of Illinois. Plaintiff-Appellee, No. 04 C 308

v. G. Patrick Murphy, Chief Judge.

CITIGROUP GLOBAL MARKETS INCORPORATED, Defendant-Appellant.

ORDER

This case is before the court on remand from the Supreme Court of the United States. The Supreme Court vacated our earlier judgment, see Disher v. Citigroup Global, 403 F.3d 478 (7th Cir. 2005), and remanded the case to us with instructions to reconsider our earlier determination in light of Kircher v. Putnam Funds Trust, 547 U.S. ___, 126 S. Ct. 2145 (2006). See Disher v. Citigroup Global Markets, Inc., 548 U.S. ___, 126 S. Ct. 2964 (2006). No. 04-3073 Page 2

Kircher came from this circuit, and we already have taken action in that matter in light of the decision of the Supreme Court. See In the Matter of Mutual Fund Market-Timing Litigation, 468 F.3d 439 (7th Cir. 2006). The same action is appropriate here. Accordingly, because we lack jurisdiction, we dismiss the appeal.

APPEAL DISMISSED for WANT of JURISDICTION