United States District Court, D. New Jersey
September 13, 2005.
ZEV AND LINDA WACHTEL, et al., Plaintiffs
GUARDIAN LIFE INS. CO., et al., Defendants. RENEE McCOY, individually and on behalf of all others similarly situated, Plaintiffs. v. HEALTH NET, INC., HEALTH NET OF THE NORTHEAST, INC., and HEALTH NET OF NEW JERSEY, INC., Defendants.
The opinion of the court was delivered by: FAITH HOCHBERG, District Judge
OPINION AND ORDER
This matter comes before the Court upon Defendant's Appeal of
Magistrate Judge Shwartz's August 15, 2005 Order ("August 15
Order"), which requires Health Net entities to "disclose all
documents and update all certifications to address any and all
investigations related to Health Net's out of network activities,
regardless of whether or not the investigation was the result of
one or many complaints." This Court having reviewed Magistrate
Judge Shwartz's Order,*fn1 and having considered the submitted papers, and
it appearing that a plain reading of the August 15 Order's
reference to "one or many complaints" shows that this phrase
solely describes which investigations are to be the subject of
updated certifications and document production, and that said
Order does not require complaints to be produced if they did not
lead to administrative investigations; and
it appearing that the August 15 Order is thus not an expansion
of Magistrate Judge Shwartz's March 1, 2005 sanctions order; and
it appearing that Magistrate Judge Shwartz's August 15 Order is
neither clearly erroneous nor contrary to law,
IT IS on this 13th day of September, 2005,
ORDERED that Magistrate Judge Shwartz's August 15, 2005 Order
is AFFIRMED; and it is further
ORDERED that the Health Net entities disclose the required
documents, and update all certifications, in compliance with the
requirements of the August 15 Order, as those requirements have
been read by this Court, no later than October 10, 2005.
© 1992-2005 VersusLaw Inc.