Sanib Corp. v. United Fruit Co.

SUGARMAN, District Judge.

The defendant’s motion, insofar as it seeks an order directing that plaintiff's examination of the movant be postponed until completion of the taking of the deposition of plaintiff pursuant to defendant’s notice, is granted.

No special circumstances are shown by the plaintiff which persuade the court that the usual rule of priority should not be observed, i. e., the party who first serves a notice is entitled to an examination of his adversary before being himself examined.1

The movant has shown that plaintiff will not be prejudiced by any delay in the examination of…