Suplee, Yeatman, Mosley Co. v. Shapiro

MEMORANDUM

JOHN MORGAN DAVIS, District Judge.

The plaintiff filed its complaint on July 27, 1966 and on the same day obtained an ex parte Order permitting it to serve notices of deposition on the defendants within 20 days pursuant to Rule 26(a) of the Federal Rules of Civil Procedure.

The defendants known as Sevoh Associates have now moved to vacate the Order of July 27 on the ground that they actually served their notices of deposition on the plaintiff on August 2 and August 3 while the plaintiff’s notices were not served until August 6.

Although the rule is not inflexible, the first party to…