In case where defendant was found to have submitted false and misleading evidence to the court regarding its efforts to make restitution, Health Net was also sanctioned for engaging in widespread discovery abuse, including the failure to search thousands of employees’ e-mails for responsive documents as well as the permanent loss of many others due to the defendant’s retention/deletion policies. Invoking both Rule 37 and the Inherent Authority of the Court, Judge Hochberg ordered that certain facts would be deemed admitted; precluded some of the defendant’s evidence; struck the defendant’s privilege assertions in various privilege logs; struck the defendant’s late-designated witnesses; and imposed monetary sanctions for costs and fees. See Wachtel v. Health Net, No.01-4183, 2006 U.S.Dist.LEXIS 88563 (D.N.J. Dec. 6, 2006).
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