O'Hara v. United States Lines Co.

FREDERICK van PELT BRYAN, District Judge.

Defendant moves for an order, pursuant to Rule 37(d), F.R.C.P., 28 U.S.C.A., striking the complaint and dismissing the action for failure of plaintiff, a California resident, to appear for an oral deposition noticed by defendant in New York. Plaintiff cross-moves, pursuant to Rule 30(b), to vacate defendant’s notice to take plaintiff’s oral deposition in New York and to require that such deposition be taken on written interrogatories instead.

Plaintiff, a seaman, sues for wages allegedly due him in the sum of $83.62 and for the statutory wage penalty…