222664P.pdf   08/02/2023  Scott Burnett  v.  HomeServices of America, Inc.
   U.S. Court of Appeals Case No:  22-2664
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Smith, Author, with Melloy and Erickson, Circuit Judges] 
   Civil case - Class Actions and Arbitration. For the court's prior opinion 
   in the matter, see Sitzer v. Nat'l Ass'n of Realtors, 12 F.4th 853 (8th 
   Cir. 2021). On remand, defendants moved to compel arbitration as to the 
   unnamed class members who had signed a Listing Agreement to arbitrate 
   their claims; the district court denied the motion to compel arbitration, 
   and defendant Home Services appeals. The district court correctly 
   concluded that the court - not an arbitrator - must address whether 
   defendant Home Services can enforce the Arbitration Agreements; the court 
   also correctly determined that defendant Home Services cannot enforce the 
   Arbitration Agreements against the unnamed class members.