10 F.R.D. 509 | D. Del. | 1950
On September 29, 1950, defendants gave notice that they intended to take the deposition of plaintiffs on October 19, 1950, in this Court House. Pre-trial discovery is still taking place and the case has not been placed on the trial calendar. After receipt of the notice, plaintiffs filed a motion under Fed.Rules Civ.Proc. rule 30(b), 28 U.S.C. A., that the designation of the time and place for their examination was improper or unreasonable. The main ground in support of the motion is that plaintiffs reside and have their place of business in San Francisco, California, and that it would be hardship and oppressive for them to come on to this Court in Wilmington, Delaware, on October 19, 1950, since they fully intend to be present at the trial of the cause. Several authorities have held that where a non-resident plaintiff chooses his forum he makes himself available for examination there in the absence of special circumstances dictating a different rule.
Under these circumstance, defendants may either proceed to take the depositions of plaintiffs in California or such other place as they may be located, or defendants may proceed on written interrogatories.
As stated, on the basis of the present rule, the depositions will not be had in this District on October 19, 1950; plaintiffs’ motion under Rule 30(b) will be granted; and an order embracing the rulings made above may be submitted.
. Producers Releasing Corporation De Cuba v. P.R.C. Pictures, Inc., D.C., 8 F.R.D. 254, and cases there cited.