Montgomery v. Sheldon

DIMOCK, District Judge.

Plaintiff moves (1) to vacate a notice for the taking of his testimony as premature and oppressive or, (2) in the alternative, that the notice be modified by direction of the court (a) adjourning the examination to afford plaintiff time to serve the summons on defendant Sheldon and (b) requiring examination upon written interrogatories at Tacoma, Washington.

The summons in this case has been served on all five defendants except defendant Sheldon, who is a resident of Connecticut. Plaintiff’s argument that the noticing of his examination is premature and oppressive is…