Rowe v. Liberty Mutual Group, Inc.
Plaintiff / Appellant: MICHAEL A. ROWE
Defendant / Appellee: LIBERTY MUTUAL GROUP
Case Number: 14-1475
Filed: May 1, 2014
Court: U.S. Court of Appeals, First Circuit
Nature of Suit: Employment
Docket Report

This docket was last retrieved on March 26, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 26, 2020 Archives location information for appendices only. Transfer Number: 276-2019-0010. Box Number: 50. The Court of Appeals record is held at the Federal Records Center in Waltham, MA. [13-2473, 13-2474, 13-2477, 13-2478, 13-2479, 13-2488, 13-2374, 13-2491, 13-2494, 13-2496, 13-2500, 13-2497, 13-2502, 13-2504, 13-2506, 14-1475, 13-2507, 13-2512, 13-2516] (ATC) [Entered: 03/26/2020 01:51 PM]
March 18, 2015 Record returned to originating court: Sealed Docs. 45, 63, 86, 93, 94, 100, Three folders of In Camera Documents by Defendant 7/26/13, Sealed Exhibit B #168, Exhibit A, Docket Sheet, [13-2506, 14-1475] (CC) [Entered: 03/18/2015 10:45 AM]
March 17, 2015 MANDATE issued. [13-2506, 14-1475] (TS) [Entered: 03/17/2015 08:37 AM]
March 9, 2015 Opinion or Order ORDER entered by Sandra L. Lynch, Chief Appellate Judge; Juan R. Torruella, Appellate Judge; Jeffrey R. Howard, Appellate Judge; Rogeriee Thompson, Appellate Judge; William J. Kayatta , Jr., Appellate Judge and David J. Barron, Appellate Judge: Pursuant to this court's Internal Operating Procedure X.C., we treat a petition for rehearing en banc also as a petition for rehearing before the original panel. The petition for rehearing having been denied by the panel of judges who decided the case and the petition for rehearing en banc having been submitted to the active judges of this court and a majority of the judges not having voted that the case be heard en banc, it is ordered that the petition for rehearing and petition for rehearing en banc be denied. [14-1475] (TS) [Entered: 03/09/2015 03:53 PM]
March 2, 2015 PETITION for rehearing and rehearing en banc filed by Appellant/Cross-Appellee Michael A. Rowe. Certificate of service dated 03/02/2015. [13-2506, 14-1475] (DO) [Entered: 03/02/2015 01:34 PM]
February 17, 2015 JUDGMENT entered by Sandra L. Lynch, Chief Appellate Judge; Juan R. Torruella, Appellate Judge and Rogeriee Thompson, Appellate Judge. "...There is no indication here that the district court expressly considered any of these factors. Therefore, we vacate the district court's April 29, 2014 Summary Order insofar as it lifted the confidentiality designations for the Narrowed Subset and remand for the district court to take a fresh look at whether the confidentiality designations for those documents should be preserved. The stay entered by this court on August 7, 2014, is otherwise vacated." [14-1475] (TS) [Entered: 02/17/2015 11:54 AM]
October 20, 2014 NINE (9) paper copies of sur reply brief [ # 5859288-2 ] submitted by Appellant/Cross-Appellee Michael A. Rowe in 13-2506, 14-1475. [13-2506, 14-1475] (CC) [Entered: 10/20/2014 09:41 AM]
October 17, 2014 NINE (9) paper copies of sur reply brief [ # 5859286-2 ] submitted by Appellee/Cross-Appellant Liberty Mutual Group in 13-2506, 14-1475. [13-2506, 14-1475] (CC) [Entered: 10/20/2014 08:46 AM]
October 10, 2014 SUR-REPLY BRIEF filed by Appellee/Cross-Appellant Liberty Mutual Group in 13-2506, 14-1475. Certificate of service dated 09/25/2014. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 10/17/2014. [13-2506, 14-1475] (TS) [Entered: 10/10/2014 10:50 AM]
October 10, 2014 Opinion or Order ORDER entered by William J. Kayatta , Jr., Appellate Judge: This matter is before the court on defendant-appellee/cross-appellant Liberty Mutual Group, Inc.'s motion to file a sur-reply and pro se plaintiff-appellant/cross-appellee Michael Rowe's motion to file a sur-sur-reply. The motions are GRANTED. The briefs are accepted for filing on this date. Briefing in this matter is now closed. [13-2506, 14-1475] (TS) [Entered: 10/10/2014 10:43 AM]
October 10, 2014 SUR-REPLY BRIEF filed by Appellant/Cross-Appellee Michael A. Rowe in 13-2506, 14-1475. Certificate of service dated 09/25/2014. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 10/17/2014. [13-2506, 14-1475] (TS) [Entered: 10/10/2014 10:54 AM]
October 2, 2014 NINE (9) paper copies of reply brief [ # 5855958-2 ] submitted by Appellee/Cross-Appellant Liberty Mutual Group in 13-2506. 14-1475, [13-2506, 14-1475] (CC) [Entered: 10/02/2014 03:36 PM]
September 30, 2014 CASE submitted. Panel: Sandra L. Lynch, Chief Appellate Judge; Juan R. Torruella, Appellate Judge; Rogeriee Thompson, Appellate Judge. [13-2506, 14-1475] (LM) [Entered: 09/30/2014 12:24 PM]
September 29, 2014 REPLY BRIEF filed by Appellee/Cross-Appellant Liberty Mutual Group in 13-2506, 14-1475. Certificate of service dated 09/25/2014. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 10/06/2014. [13-2506, 14-1475] (DK) [Entered: 09/29/2014 08:35 AM]
September 25, 2014 BRIEF tendered by Appellee/Cross-Appellant Liberty Mutual Group in 13-2506, 14-1475. Certificate of service dated 09/25/2014. [13-2506, 14-1475] (AS) [Entered: 09/25/2014 10:26 AM]
September 25, 2014 MOTION for leave to file sur reply brief filed by Appellee/Cross-Appellant Liberty Mutual Group in 13-2506, 14-1475. Certificate of service dated 09/25/2014. [13-2506, 14-1475] CLERK'S NOTE: Relief selection was incorrect and/or incomplete. Correction made by clerk's office. No further action required. [13-2506, 14-1475] (AS) [Entered: 09/25/2014 10:30 AM]
September 25, 2014 MOTION for leave to file sur reply brief and RESPONSE to electronically filed brief [ # 5855396-2 ] filed by Appellant/Cross-Appellee Michael A. Rowe. Certificate of service dated 09/25/2014. [14-1475, 13-2506] CLERK'S NOTE: Document should have been filed in additional case. Correction made by clerk's office. No further action required. [14-1475, 13-2506] (TS) [Entered: 09/30/2014 03:09 PM]
September 25, 2014 RESPONSE filed by Appellant/Cross-Appellee Michael A. Rowe to motion to file sur reply brief [ # 5855398-3 ]. [14-1475] (TS) [Entered: 09/30/2014 03:13 PM]
September 8, 2014 REPLY BRIEF filed by Appellant/Cross-Appellee Michael A. Rowe. Certificate of service dated 09/06/2014. Reply brief due 09/25/2014 for Appellee/Cross-Appellant Liberty Mutual Group. [13-2506, 14-1475] (DK) [Entered: 09/09/2014 10:00 AM]
September 8, 2014 NINE (9) paper copies of reply brief [ # 5851254-2 ] submitted by Appellant/Cross-Appellee Michael A. Rowe in 13-2506 and 14-1475. [13-2506, 14-1475] (DK) [Entered: 09/09/2014 10:02 AM]
August 18, 2014 NINE (9) paper copies of appellee brief [ # 5845424-2 ] submitted by Appellee/Cross-Appellant Liberty Mutual Group in 13-2506, 14-1475. [13-2506, 14-1475] (CLT) [Entered: 08/19/2014 08:57 AM]
August 15, 2014 SEALED SUPPLEMENTAL APPENDIX filed by Appellant/Cross-Appellee Michael A. Rowe in 13-2506, 14-1475. Number of volumes: 1. Number of copies: 5. Certificate of service dated 08/13/2014. [13-2506, 14-1475] (TS) [Entered: 08/15/2014 01:12 PM]
August 15, 2014 Opinion or Order ORDER granting motion to file a supplemental appendix under seal filed by Appellant/Cross-Appellee Michael A. Rowe. [13-2506, 14-1475] (TS) [Entered: 08/15/2014 01:10 PM]
August 15, 2014 APPENDIX filed by Appellant/Cross-Appellee Michael A. Rowe in 13-2506, 14-1475. Number of volumes: 1. Number of copies: 5. Certificate of service dated 08/13/2014. [13-2506, 14-1475] (TS) [Entered: 08/15/2014 01:13 PM]
August 14, 2014 PLEADING tendered: Record Appendix filed by Appellant/Cross-Appellee Michael A. Rowe in 14-1475, 13-2506. Certificate of service dated 08/13/2014. [14-1475, 13-2506] (CLT) [Entered: 08/14/2014 01:23 PM]
August 14, 2014 PLEADING tendered: Supplemental Record Appendix (provisionally SEALED) filed by Appellant/Cross-Appellee Michael A. Rowe in 14-1475, 13-2506. Certificate of service dated 08/13/2014. [14-1475, 13-2506] (CLT) [Entered: 08/14/2014 01:11 PM]
August 14, 2014 MOTION to file portion of appendix under seal filed by Appellant/Cross-Appellee Michael A. Rowe in 13-2506, 14-1475. Certificate of service dated 08/13/2014. [13-2506, 14-1475] (TS) [Entered: 08/14/2014 01:39 PM]
August 13, 2014 BRIEF tendered by Appellee/Cross-Appellant Liberty Mutual Group in 14-1475, 13-2506. Certificate of service dated 08/11/2014. [14-1475, 13-2506] (AS) [Entered: 08/13/2014 01:28 PM]
August 13, 2014 Opinion or Order ORDER directing Appellee/Cross-Appellant Liberty Mutual Group in 13-2506, 14-1475 to file a conforming brief. Brief due 08/27/2014. [13-2506, 14-1475] (TS) [Entered: 08/13/2014 12:21 PM]
August 13, 2014 APPELLEE'S BRIEF filed by Appellee/Cross-Appellant Liberty Mutual Group in 13-2506, 14-1475. Certificate of service dated 08/11/2014. Reply brief due 09/10/2014 for APPELLANT Michael A. Rowe. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 08/20/2014. [13-2506, 14-1475] (TS) [Entered: 08/13/2014 01:35 PM]
August 13, 2014 CORPORATE disclosure statement filed by Appellee/Cross-Appellant Liberty Mutual Group in 13-2506, 14-1475. Certificate of service dated 08/11/2014. [13-2506, 14-1475] (TS) [Entered: 08/18/2014 08:37 AM]
August 12, 2014 SEALED PORTION OF SUPPLEMENTAL APPENDIX filed by Appellee/Cross-Appellant Liberty Mutual Group in 13-2506, 14-1475. Number of volumes: 1. Number of copies: 4. Certificate of service dated 08/11/2014. [13-2506, 14-1475] (TS) [Entered: 08/12/2014 04:30 PM]
August 12, 2014 Opinion or Order ORDER entered by Juan R. Torruella, Appellate Judge: Defendant-appellee/cross-appellant Liberty Mutual Group, Inc.'s motion to seal a portion of the company's supplemental appendix is granted except to the following extent. Its request that the sealed documents be returned to it at the conclusion of the appeal is denied. The documents will be disposed of at that time in accordance with customary court procedures, which maintain the confidential nature of all documents filed under seal. Plaintiff-appellant/cross-appellee Michael Rowe's request that this court seal his June 9, 2014 appendix is denied. The procedures identified in this court's August 7, 2014 order granting Liberty Mutual's motion to strike Rowe's appendix remain in effect. So ordered. [13-2506, 14-1475] (TS) [Entered: 08/12/2014 04:23 PM]
August 12, 2014 RESPONSE and MOTION TO SEAL ROWE'S APPENDIX filed by Appellant/Cross-Appellee Michael A. Rowe in 13-2506, 14-1475 to order [ # 5844301-2 ]. Certificate of service dated 08/12/2014. [13-2506, 14-1475] CLERK'S NOTE: Party selection was incorrect and/or incomplete. Correction made by clerk's office. No further action required. [13-2506, 14-1475] (MAR) [Entered: 08/12/2014 10:05 AM]
August 11, 2014 PLEADING tendered: Supplemental Appendix (provisionally SEALED) filed by Appellee/Cross-Appellant Liberty Mutual Group in 13-2506, 14-1475. Certificate of service dated 08/11/2014. [13-2506, 14-1475] (CLT) [Entered: 08/12/2014 09:00 AM]
August 11, 2014 BRIEF tendered by Appellee/Cross-Appellant Liberty Mutual Group in 14-1475, 13-2506. Certificate of service dated 08/11/2014. [14-1475, 13-2506] (AS) [Entered: 08/11/2014 05:51 PM]
August 11, 2014 SUPPLEMENTAL APPENDIX filed by Appellee/Cross-Appellant Liberty Mutual Group in 13-2506, 14-1475. Number of volumes: 1. Number of copies: 5. Certificate of service dated 08/11/2014. [13-2506, 14-1475] (CLT) [Entered: 08/12/2014 09:10 AM]
August 11, 2014 MOTION to file portion of supplemental appendix under seal filed by Appellee/Cross-Appellant Liberty Mutual Group in 13-2506, 14-1475. Certificate of service dated 08/11/2014. [13-2506, 14-1475] (TS) [Entered: 08/12/2014 09:16 AM]
August 11, 2014 SUPPLEMENTAL APPENDIX filed by Appellee/Cross-Appellant Liberty Mutual Group in 13-2506, 14-1475. Number of volumes: 1. Number of copies: 5. Certificate of service dated 08/11/2014. [13-2506, 14-1475] (TS) [Entered: 08/12/2014 09:26 AM]
August 7, 2014 Opinion or Order ORDER entered by Juan R. Torruella, Appellate Judge; William J. Kayatta , Jr., Appellate Judge and David J. Barron, II, Appellate Judge. Defendant-appellee Liberty Mutual Group Inc. seeks a stay pending appeal of the district court's April 29, 2014 order removing confidentiality designations on certain documents produced in discovery. On May 5, 2014, this court entered a provisional stay but directed Liberty Mutual to seek such relief in the first instance from the district court. See Fed. R. App. P. 8(a)(1). Liberty Mutual now having done so (without success), the matter is back before us for disposition. Based on our preliminary review, we will keep the May 5, 2014 stay in place pending appeal, but will narrow its scope to a subset of the documents originally protected from public disclosure. Four factors guide our consideration of such a stay request: "(1) whether the applicant has made a strong showing that [it] is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent relief; (3) whether issuance of relief will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies." Respect Maine PAC v. McKee , 622 F.3d 13, 15 (1st Cir. 2010). "The first two factors are the most critical. Both require a showing of more than mere possibility. Plaintiff must show a strong likelihood of success, and ... must demonstrate that irreparable injury will be likely absent [a stay]. Id. ; see also Nken v. Holder , 556 U.S. 418, 434 (2009). These two factors are measured in conjunction "on a sliding scale ..., such that the strength of the showing necessary on irreparable harm depends in part on the degree of likelihood of success shown." Braintree Labs., Inc. v. Citigroup Global Mkts., Inc., 622 F.3d 36, 42-43 (1st Cir. 2010) (internal quotation marks omitted). With respect to the last factor, the public has at least three relevant interests here. Providing a reliable mechanism for protecting truly privileged or confidential information from wider dissemination often facilitates the production and exchange of information in litigation without always having to first determine its relevance and confidentiality. In this regard, protective orders help decrease the costs of civil litigation. Second, numerous judgments have been made that in certain circumstances the recognition of privileges (such as the doctor-patient privilege) serves the public interest by allowing communications to be made that might not otherwise be made were there no assurance of confidentiality. Third, and conversely, the public has an interest in not having the protections of privilege or confidentiality be applied in an overly broad manner that limits the public's ability to understand what is happening in our courts without furthering the interests that give rise to the protections asserted. Given these interests, a decision in a matter such as this can harm the public interest if it errs in either direction. Applying the four factors that guide our resolution of a stay request, we find that Liberty Mutual has made a sufficient showing to warrant a stay pending appeal. On the merits, the sequence of procedural events below calls into question the propriety of the district court's sua sponte, across-the-board removal of the confidentiality designations -- especially since some of the documents are unquestionably privileged, and since plaintiff-appellant Michael Rowe ended up not even requesting such wide-ranging relief. In turn, despite the disclosures that have already taken place, Liberty Mutual is likely to suffer irreparable injury should further dissemination occur, especially to the extent threatened by Rowe. A continued stay until the case is decided in a reasonably prompt time would not harm Rowe and would serve the public interest. And while we defer the ultimate question of mootness to the merits panel, we are unable at this point to conclude that the court "cannot grant any effectual relief whatever." Chico Serv. Station, Inc. v. Sol Puerto Rico Ltd., 633 F.3d 20, 36 (1st Cir. 2011) (internal quotation marks omitted). We will, however, limit the scope of the ongoing stay pending appeal. As opposed to the larger universe of documents subject to the February 21, 2012 protective order and this court's provisional stay, the parties now appear to agree that only a subset thereof is at issue. Liberty Mutual identifies these documents by reference to its district court filings, as follows: 1. The attorney-client privileged documents and communications set forth on pages 7-10 of Defendant's March 14, 2014 Memorandum and pages 5-7 of Defendant's April 1, 2014 Reply Memorandum; 2. The sensitive and highly personal information regarding Company applicants and employees other than Plaintiff, set forth on page 13 of Defendant's Memorandum and as Items 3-B and 6 on pages 8 and 10 of Defendant's Reply Memorandum; and 3. The Target 2014 project materials ... set forth on pages 13-14 of Defendant's Memorandum and as Item 5 on page 9 of Defendant's Reply Memorandum. We will employ the same form of designation, as it appears sufficiently specific to avoid ambiguity. For these reasons, Liberty Mutual's motion for stay pending appeal is granted. This court's May 5, 2014 provisional stay shall remain in place, but is hereby modified to apply only to the subset of documents identified above. Those documents shall continue to be subject to the February 21, 2012 protective order, pending further order of this court. [13-2506, 14-1475] (TS) [Entered: 08/07/2014 10:22 AM]
August 7, 2014 Opinion or Order ORDER entered: Liberty Mutual Group, Inc.s motion for leave to file supplemental appendix is allowed. [13-2506, 14-1475] (TS) [Entered: 08/07/2014 03:10 PM]
August 7, 2014 Opinion or Order ORDER entered by Juan R. Torruella, Appellate Judge: Liberty Mutual's motion to strike is granted, and the Clerk is directed to return to Rowe the appendix that he filed on June 9, 2014. [13-2506, 14-1475] (TS) [Entered: 08/07/2014 05:07 PM]
August 6, 2014 MOTION for leave to file supplemental appendix filed by Appellee/Cross-Appellant Liberty Mutual Group in 13-2506, 14-1475. Certificate of service dated 08/06/2014. [13-2506, 14-1475] CLERK'S NOTE: Relief selection was incorrect and/or incomplete. Correction made by clerk's office. No further action required. [13-2506, 14-1475] (DJK) [Entered: 08/06/2014 04:32 PM]
August 4, 2014 Opinion or Order ORDER entered: Appellee/Cross-Appellant Liberty Mutual Groups motion for leave to file a brief in excess of the word limitation is allowed. The oversized brief shall contain no more than 19,500 words. [13-2506, 14-1475] (TS) [Entered: 08/04/2014 09:24 AM]
August 1, 2014 MOTION for leave to file oversized Extension of Word Volume Limitation filed by Appellee/Cross-Appellant Liberty Mutual Group in 14-1475, 13-2506. Certificate of service dated 08/01/2014. [14-1475, 13-2506] (DJK) [Entered: 08/01/2014 03:24 PM]
July 25, 2014 REPLY filed by Appellee/Cross-Appellant Liberty Mutual Group in 13-2506, 14-1475 to response [ # 5840604-2 ]. Certificate of service dated 07/25/2014. [13-2506, 14-1475] (DJK) [Entered: 07/25/2014 08:31 AM]
July 17, 2014 MOTION to strike Plaintiff-Appellant's Appendix filed by Appellee/Cross-Appellant Liberty Mutual Group in 13-2506, 14-1475. Certificate of service dated 07/17/2014. [13-2506, 14-1475] (DJK) [Entered: 07/17/2014 05:38 PM]
July 9, 2014 Opinion or Order ORDER directing the parties to proceed under F.R.A.P 28.1. [13-2506, 14-1475] (TS) [Entered: 07/09/2014 09:56 AM]
July 9, 2014 CROSS-APPEAL briefing schedule set pursuant to F.R.A.P. 28.1. Brief due 08/18/2014 for appellant Michael A. Rowe in 14-1475. [13-2506, 14-1475] (TS) [Entered: 07/09/2014 09:58 AM]
July 9, 2014 APPELLANT'S BRIEF filed by Appellant/Cross-Appellee Michael A. Rowe in 14-1475. Certificate of service dated 06/07/2014. Brief due 08/11/2014 for APPELLEE Liberty Mutual Group [14-1475, 13-2506].. CLERK'S NOTE: Docket entry was edited to modify the docket text. [14-1475, 13-2506] (TS) [Entered: 07/09/2014 10:02 AM]
July 9, 2014 APPENDIX filed by Appellant/Cross-Appellee Michael A. Rowe. Number of volumes: 1. Number of copies: 5. [14-1475] (TS) [Entered: 07/18/2014 12:25 PM]
June 23, 2014 REPLY memorandum in support of motion to stay filed by Appellant Liberty Mutual Group. Certificate of service dated 06/23/2014. [14-1475]. CLERK'S NOTE: Docket entry was edited to modify the docket text. [14-1475] (DJK) [Entered: 06/23/2014 05:16 PM]
June 18, 2014 RESPONSE filed by Appellee Michael A. Rowe in 14-1475 to memorandum [ # 5831354-2 ]. Certificate of service dated 06/18/2014. [14-1475] CLERK'S NOTE: Document should not have been filed in additional case. Correction made by clerk's office. No further action required. [14-1475] (MAR) [Entered: 06/18/2014 06:18 AM]
June 16, 2014 MEMORANDUM in support of motion to stay [ # 5820743-2 ] filed by Appellant Liberty Mutual Group. Certificate of service dated 06/16/2014. [14-1475] (DJK) [Entered: 06/16/2014 05:37 PM]
June 11, 2014 SUPPLEMENTAL record filed. Docket entries: DOC. NOS. 170, 171, 169, 167, 166, and 165. [14-1475] (TS) [Entered: 06/11/2014 11:35 AM]
June 5, 2014 Opinion or Order ORDER entered by Jeffrey R. Howard, Appellate Judge: In light of the district court's Memorandum Order dated June 4, 2014, this Court's order of May 5, 2014 is revised to the following extent: Defendant-appellant Liberty Mutual Group Inc. shall file a supplemental memorandum in support of its motion for stay within ten days of the date of this order. Appellee Michael A. Rowe shall file a response within 10 days thereafter. Any reply memorandum shall be filed within five days thereafter. The provisional stay remains in effect pending further order of this Court. [14-1475] (TS) [Entered: 06/05/2014 09:24 AM]
May 15, 2014 TRANSCRIPT report/order form filed by Appellant Liberty Mutual Group indicating transcripts are not necessary for this appeal. Certificate of service dated 05/15/2014. [14-1475] (DJK) [Entered: 05/15/2014 11:37 AM]
May 15, 2014 DOCKETING statement filed by Appellant Liberty Mutual Group. Certificate of service dated 05/15/2014. [14-1475] (DJK) [Entered: 05/15/2014 02:39 PM]
May 5, 2014 SEALED EXHIBIT(S) filed. Exhibits D, E, & F to Motion to Stay. [14-1475] (TS) [Entered: 05/05/2014 09:12 AM]
May 5, 2014 Opinion or Order ORDER entered by Jeffrey R. Howard, Appellate Judge: Defendant-appellant Liberty Mutual Group Inc. (Liberty Mutual) seeks a stay pending appeal of the district court's April 29, 2014 order removing confidentiality designations for various documents produced in discovery. Such relief "ordinarily" must be sought in the district court in the first instance. Fed. R. App. P. 8(a)(1). According to Liberty Mutual, doing so would be impracticable because the district court stated that "no further motions, from either party, on any issue" would be accepted. Yet the court's reasoning was that, because the underlying case was on appeal, the appellate court was "the appropriate forum for all further filings in this matter." Such a rationale would not override the directive set forth in Rule 8. At the same time, preliminary review suggests that Liberty Mutual has made a colorable showing with respect to the customary stay factors, particularly as to the prospect of irreparable harm. Accordingly, we shall order the following relief on an interim basis. To maintain the status quo, the instant motion for stay pending appeal is provisionally granted, pending further order of this court. As a result, the "Discovery Confidentiality Agreement and Protective Order" shall continue to apply as before to the discovery documents. Within three days of the date of this order, Liberty Mutual shall comply with Rule 8 by filing a motion in district court seeking a stay pending appeal. If the district court denies relief, the instant motion will again be deemed a pending matter; in that event, plaintiff-appellee Rowe shall file a response thereto within five days of the district court's ruling, after which we will take the matter under advisement. If the district court grants a stay, the instant motion will be considered moot, but Rowe may seek appropriate relief in this court. Liberty Mutual's motion to seal exhibits is granted. So ordered. [14-1475]. (TS) [Entered: 05/05/2014 09:04 AM]
May 5, 2014 RESPONSE filed by Appellee Michael A. Rowe to order [ # 5820866-2 ]. Certificate of service dated 05/05/2014. [14-1475] (MAR) [Entered: 05/05/2014 04:32 PM]
May 2, 2014 NOTICE of appearance on behalf of Appellant Liberty Mutual Group filed by Attorney David J. Kerman. [14-1475] (DJK) [Entered: 05/02/2014 11:17 AM]
May 2, 2014 MOTION to stay April 29, 2014 Order of the United States District Court for the District of New Hampshire filed by Appellant Liberty Mutual Group. Certificate of service dated 05/02/2014. [14-1475] (TS) [Entered: 05/02/2014 04:34 PM]
May 2, 2014 PLEADING tendered: Exhibits D, E, & F to Motion to Stay provisionally filed under seal. filed by Appellant Liberty Mutual Group. [14-1475] (TS) [Entered: 05/02/2014 04:41 PM]
May 2, 2014 MOTION to file portion of exhibits to motion to stay under seal filed by Appellant Liberty Mutual Group. Certificate of service dated 05/02/2014. [14-1475]. CLERK'S NOTE: Docket entry was edited to replace an attachment. (TS) [Entered: 05/02/2014 04:36 PM]
May 1, 2014 CIVIL CASE docketed. Notice of appeal (doc. #162) filed by Appellant Liberty Mutual Group. Docketing Statement, Transcript Report/Order form and Appearance form due 05/15/2014. [14-1475]. CLERK'S NOTE: Docket entry was edited to attach a missing document. (TS) [Entered: 05/01/2014 01:35 PM]

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Plaintiff / appellant: MICHAEL A. ROWE
Represented By: Michael A. Rowe
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Defendant / appellee: LIBERTY MUTUAL GROUP
Represented By: David J. Kerman
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