hide-and-go-seek in Branch qui tam – and Liberty Mutual, you’re &#IT

96 – 97 – 98 – 99 -100!  Time to open your eyes Magistrate Shushan!

Liberty Mutual is “It” and the game is hide-and-go-seek and see if Branch can find you.  Two new entries of the docket show how the game is played.  The first is an Order issued by Magistrate Shushan:

Considering the foregoing Ex Parte Motion to Seal Pleading (“Motion”) filed by Defendant Liberty Mutual Fire Insurance Company (“Liberty Mutual”), IT IS HEREBY ORDERED that Liberty Mutual’s Motion be and is hereby GRANTED. The Clerk of Court shall designate Record Document Nos. 387-2 and 395 as “Confidential”, and seal said pleadings.

Sop linked the motion granted by this Order in his post Evidence of bad faith is not a trade secret. Hidden in a footnote for those who seek to find was Liberty Mutual’s admission the documents it wanted to seal had been given to Branch in fall 2009 – but, never fear, “Liberty Mutual is in the process of re-bates labeling its production, and will provide all parties with a new set of documents labeled “HIGHTLY CONFIDENTIAL.”

Personally, I’d never trust anyone who thought it was possible to “re-bates” a label.

Now, you’ll see why.  Liberty Mutual didn’t have the decency to even wait for the ink to dry on Shushan’s Order before the Company filed a Motion for Leave to File Sur-Reply Memorandum in Support of Opposition to Branch Consultants Motion to Compel.

However, the Memorandum does not address points in Branch’s Motion to Compel (can you believe it?).  Instead, “Liberty Mutual’s Sur-Reply….”merely seeks to address two misstatements related to Liberty Mutual contained within Branch’s reply brief (R. Doc. No. 395)”.  The second concerns the arrest of Liberty Mutual’s insured: Continue reading “hide-and-go-seek in Branch qui tam – and Liberty Mutual, you’re &#IT”