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CONNECTICUT GENERAL v. NEW IMAGES

No. 04-55859.

482 F.3d 1091 (2007)

CONNECTICUT GENERAL LIFE INSURANCE COMPANY; Equitable Life Assurance Society of the United States; Cigna Employee Benefits Services Inc.; Aetna U.S. Healthcare, Inc.; United Healthcare Corporation, fka United HealthGroup Incorporated dba UnitedHealth Group; Humana, Inc.; Aetna Life Insurance Company, Plaintiffs-Appellees, v. NEW IMAGES OF BEVERLY HILLS, Defendant, and Providence Ambulatory Surgery Center, Inc., dba Providence Ambulatory Surgery Center; Harrell Robinson, M.D., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 30, 2007.

Attorney(s) appearing for the Case

Roy C. Dickson (briefed), Dickson & Associates, Yorba Linda, CA, for the appellants.

Lawrence C. Fox (briefed), Kornstein, Veisz, Wexler & Pollard, LLP, New York, NY, for the appellees.

Before: O'SCANNLAIN, KLEINFELD, and SILVERMAN, Circuit Judges.

KLEINFELD, Circuit Judge:

The only issue raised in this case is the appropriateness of a discovery sanction that terminated the case and imposed judgment.

Facts

Harrell Robinson, M.D., and Providence Ambulatory Surgery Center, Inc. were part of a huge, lucrative, fraudulent scheme to solicit patients, perform surgeries, and submit fraudulent billings to insurance companies. We described the scheme in a related appeal:

The background of this...

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