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KLAY v. ALL DEFENDANTS

No. 04-13062.

425 F.3d 977 (2005)

Leonard J. KLAY, M.D., et al., Plaintiffs, v. ALL DEFENDANTS, et al., Defendants, Humana, Inc., Humana Insurance Company, Coventry Health Care of Georgia, Inc., f.k.a. Principal Health Care of Georgia, Inc., United Healthcare of Florida, Inc., Health Net, Inc., f.k.a. Foundation Health, et al., Defendants-Appellees, American Medical Association, Appellant.

United States Court of Appeals, Eleventh Circuit.

September 16, 2005.

Attorney(s) appearing for the Case

Jack R. Bierig, Sidley, Austin, Brown & Wood, LLP, Chicago, IL, for Appellant.

K. Lee Blalack, II, Brian P. Brooks, Roger A. Fairfax, Jr., O'Melveny & Myers, LLP, Washington, DC, Nicholas J. Pappas, Weil, Gotshal & Manges, LLP, New York City, Edward Soto, Weil, Gotshal & Manges, LLP, Miami, FL, Gregory S. Coleman, Weil, Gotshal & Manges, Austin, TX, for Appellees.

Before TJOFLAT, PRYOR and ALARCÓN, Circuit Judges.

PRYOR, Circuit Judge:

This appeal presents an issue of first impression: whether the requirement of reasonable compensation in Federal Rule of Civil Procedure 45(c)(3)(B) obliges a party that has compelled, by subpoena, the production of confidential data to pay a license fee for the data, even though the district court, by protective order, limited the use of the data to litigation purposes, avoided any diminution of the value of the data, and required the payment...

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