Stevens v. Minder Const. Corp.

CAFFEY, District Judge.

defendant has served notice that it d take the oral deposition of the plain-in New York City on a date designated. Motion is made for an order either (1) vacating the notice on the ground that the plaintiff has already been examined on written interrogatories or (2), in the alternative, modifying the notice to require the oral deposition to be taken in Panama City, Florida, where the plaintiff now resides, on the condition that, preceding examination, the defendant pay the expenses and counsel fee for the attendance of plaintiff’s attorney at the examination.

In an…