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In re Managed Care Litigation

2020 U.S. Dist. LEXIS 117788 (2020)

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In re Managed Care Litigation

United States District Court for the Southern District of Florida
2020 U.S. Dist. LEXIS 117788 (2020)

SO

Facts

Citing a case from the Eleventh Circuit, Managed Care Advisory Group, LLC (MCAG) argued that an out-of-state, nonparty recipient of a summons to testify in person and to produce documents could be compelled to do so under Rules 45(c) and (d) of the Federal Rules of Civil Procedure. MCAG further argued that a witness could be compelled to appear in person from far outside the 100-mile limit contained in the rule. Rule 45(c) had a 100-mile geographic limitation within which a nonparty recipient could be required to appear in person for an arbitration hearing. CIGNA Healthcare, Inc. (CIGNA) countered MCAG’s argument, arguing that the reliance on the case cited by MCAG was misplaced because the court did not address the issue at hand. Rather, that court addressed appearance by video. Epiq Systems, Inc., and IMEDECS Millennium Healthcare Consulting, Inc., argued that that the 100-mile limit of Rule 45(d) applied to this case and that therefore a nonparty witness could not be compelled to appear for a hearing more than 100 miles away from the venue. The court agreed with CIGNA.

Rule of Law

Issue

Holding and Reasoning (O’Sullivan, J.)

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