Pierre v. Bernuth, Lembcke Co.

DIMOCK, District Judge.

Defendant, Bernuth, Lembcke Co., Inc., moves pursuant to Rule 37(d), F.R.Civ.P. to dismiss the complaint for failure of plaintiff to appear for oral examination pursuant to notice. Plaintiff, Zacharias C. Pierre, moves pursuant to Rule 30(b), F.R.C.P. to vacate defendant’s notice for examination before trial or, in the alternative, for a direction that the examination be taken only by written interrogatories.

Plaintiff instituted this action to recover damages for personal injuries alleged to have been sustained as a result of an assault upon him by an officer of the…