Willys Motors, Inc. v. Northwest Kaiser-Willys, Inc.

DEVITT, District Judge.

The plaintiff moves the Court to enter its order assessing defendants $150 as reasonable expenses, including attorney's fees, for the failure of defendants to promptly answer plaintiff’s interrogatories. The plaintiff has submitted a memorandum in support of his motion.

I don’t think this is a proper case to invoke the penalty provided in Rule 37(a), 28 U.S.C.A. I can only require the payment of expenses where the defendants’ conduct has been “without substantial justification.” I have read the cases and the comments of the text writers on the subject, and it appears…