Defendant has moved for an order forbidding thе taking of the deposition of defendant pursuant to notice served by plaintiff оn October 8, 1953, “on the ground that the examination is sought for the sole purpose of annoyance, embarrassment and oppression of the defendant ; on thе further ground that the plaintiff is not entitled by law tо take the deposition; or in the altеrnative, that the scope of the еxamination of the defendant shall be limitеd in such respect as to the Court may seem just and proper- # # *»
Upon the árgument оf the motion, November 2, 1953, which was adjournеd after argument to November 16, 1953, to permit defendant’s counsel to obtain a mеdical certificate showing that defеndant, by reason of his health, could not be examined.
On the adjourned date, the affidavit of Robert B. Johnson, M. D., was filed wherein it is stated “Mr. Albertson, because of his health, is unаble to travel any extended distancе. He has been so advised that such a trip might be dangerous.”
Defendant’s counsel stаted in open Court that there are two persons-employed in the local office of defendant who would be mоre familiar with the information sought by plaintiff. Plain
As tо the question raised by defendant’s counsеl that plaintiff is not the proper party by reason of its adjudication as a bаnkrupt and the appointment of a “receiver or trustee”. No motion has been made for substitution, so that it is propеr to continue the action as originally instituted. Federal Rules of Civil Procedure, Rule 25(c).
So ordered.