Aetna Casualty & Surety Co. v. Rodco Autobody

ROBERT B. COLLINGS, United States Magistrate.

Elizabeth Garabedian and Varoujian Garabedian, neither of whom are parties, were subpoenaed to appear on January 22, 1990 at 10:00 A.M. to give testimony and produce documents in this case pursuant to Rule 45(a) and (b), Fed.R.Civ.P. The Notices of Deposition were filed on January 10,1990. See # # 326 and 327. Deposition subpoenas were served on the witnesses on January 15, 1990. See # 358.

Neither witness appeared at the time, date and place set for the deposition. Plaintiff’s attorney was not notified in advance that the deponents would not…