[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
FILED
No. 05-17170 U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
OCT 7, 2008
D. C. Docket No. 00-01334 MD-FAM THOMAS K. KAHN
CLERK
LEONARD J. KLAY, M.D., et al.,
Plaintiffs,
versus
IAN K. COOK, Dr.,
Defendant-Appellant,
CIGNA DEFENDANTS,
CIGNA HEALTHCARE OF TEXAS, INC.
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(October 7, 2008)
Before EDMONDSON, Chief Judge, ANDERSON, Circuit Judge, and COHILL,*
District Judge.
PER CURIAM:
_____________
*Honorable Maurice B. Cohill, Jr., United States District Judge for the Western District of
Pennsylvania, sitting by designation.
After oral argument and careful consideration, we readily conclude that the
judgment of the district court is due to be affirmed. For the reasons discussed at
oral argument, we conclude that the notice of the class action settlement amply
satisfied the requirements of due process. We also conclude that Dr. Cook failed to
preserve in the district court his argument that some of his claims were not “finally
adjudicated” and thus should have been excluded from the claims released by the
settlement agreement.
AFFIRMED.
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