United States Court of Appeals
For the First Circuit
No. 05-2877
DIANE DENMARK,
Plaintiff, Appellant,
v.
LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, AND THE GENRAD, INC.
LONG TERM DISABILITY PLAN, THROUGH TERADYNE, INC., AS SUCCESSOR
FIDUCIARY,
Defendants, Appellees.
Before
Lipez, Circuit Judge,
Selya, Senior Circuit Judge,
and Howard, Circuit Judge.
ORDER OF COURT
Entered: July 2, 2008
The appellant filed a petition for en banc rehearing, which we
also construe as a petition for panel rehearing. See First Circuit
Internal Operating Procedure X(C). In light of the Supreme Court's
decision in MetLife v. Glenn, No. 06-923 (June 19, 2008), the
petition for panel rehearing is granted, and the petition for
rehearing en banc is dismissed as moot, without prejudice to
refiling after the panel's further decision on rehearing. The
court's opinions issued March 28, 2007 are withdrawn, and the
judgment entered March 28, 2007 is vacated.
The parties are directed to rebrief the appeal in light of
MetLife. The new set of briefs shall conform with all applicable
federal and local rules. It is unnecessary to file a new set of
appendices; thus, all citations in the briefs shall be to the
existing appendices. Appellant must serve and file her brief
within 40 days from entry of this order. Appellees must serve and
file their brief within 30 days after the appellant's brief is
served. Any reply brief must be served and filed within 14 days
after service of the appellees' brief. Existing amici are invited
to submit new amicus briefs, no later than 7 days after the
principal brief of the party being supported is filed. In
addition, the court will entertain motions for leave to file amicus
briefs by new potential amici. Such motions must comply with the
timetable and procedural requirements of Fed. R. App. P. 29. Oral
argument, if deemed desirable by the panel, will be scheduled in
due course.
By the Court:
/s/ Richard Cushing Donovan, Clerk
[cc: Hon. Douglas P. Woodlock, Ms. Sarah A. Thornton, Clerk, United
States District Court for the district of Massachusetts, Jonathan
M. Feigenbaum, Esq., Andrew C. Pickett, Esq., Ashley B. Abel, Esq.,
Eugene R. Anderson, Esq., Rhonda D. Orin, Esq., Daniel J. Healy,
Esq., Amy Bach, Esq., Jay E. Sushelsky, Esq., Mala M. Rafik, Esq.,
S. Stephen Rosenfeld, Esq., Teresa L. Jakubowski, Esq. and Carolyn
Doppelt Gray, Esq.]