Socha v. Webber

DIMOND, District Judge.

Defendant has moved that the complaint be stricken and the action dismissed'“for the reason that the plaintiff has wilfully failed to appear before Oren J. Casey at the time and place scheduled for the taking of his deposition”. Rule 37(d) Civil Rules of Federal Procedure, 28 U.S.C.A., provides that such action .may be taken.

Plaintiff claims that the plaintiff was not required to appear for the taking of deposition since notice of it was not properly given. The alleged defects are .discussed below:(1) Plaintiff claims that the notice was defective since it was not…