Rifkin v. United States Lines

DIMOCK, District Judge.

Defendant makes two motions, one, under Rule 37(d), F.R.Civ.P., to strike out plaintiff’s complaint and to dismiss the action because of plaintiff’s failure to submit herself for examination before trial, and the other, under Rule 30(b), F.R.Civ.P., to vacate and set aside plaintiff’s notice of examination of defendant before trial. The first motion involves the question whether a notice of examination of plaintiff before trial was served by defendant at the time the answer was served. The second motion involves the propriety of the provisions of a notice of examination…