Opinion
No. 04-3073.
Submitted August 21, 2006.
Decided January 22, 2007.
Appeal from the United States District Court for the Southern District of Illinois. No. 04 C 308. G. Patrick Murphy, Chief Judge.
Robert L. King, Korein Tillery, St. Louis, MO, for Plaintiff-Appellee.
Richard Rosen, Walter Rieman, Paul, Weiss, Rifkind, Wharton Garrison, New York, NY, Scott C. Hecht, Stinson, Morrison Hecker, Kansas City, MO, for Defendant-Appellant.
Before Hon. WILLIAM J. BAUER, Circuit Judge, Hon. KENNETH F. RIPPLE, Circuit Judge, Hon. MICHAEL S. KANNE, Circuit Judge.
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, 419 F.3d 649 (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, 165 L.Ed.2d 92 (2006). See Disher v. Citigroup Global Markets, Inc., 548 U.S. ___, 126 S.Ct. 2964, 165 L.Ed.2d 947 (2006).
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.