Denmark v. Liberty Life Assurance Company of Boston

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court's opinions issued March 28, 2007 are withdrawn, and the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.]