Greene v. Oster

BICKS, District Judge.

The defendant has moved to dismiss the action pursuant to Fed.Rules Civ. Proc. rule 12(b) (3), 28 U.S.C.A. (improper venue) and to vacate plaintiff’s notice of the taking of defendant’s deposition on the ground that the notice was not served within a reasonable time in advance of the date proposed for the taking of the deposition.

The two motions were heard together. Upon the argument, plaintiff’s counsel stated that it was his purpose to limit the examination to matters bearing upon the venue issue raised by defendant’s motion to dismiss. The Court indicated that the…