Bivens v. Hyatt

By JUDGE EDWARD L. RYAN, JR.

This action bottomed on negligence was instituted on October 21, 1968, and answered on November 5, 1968. On November 25, 1968, defendant filed the usual motion for production of documentary and other evidence that plaintiff would marshal in support of his alleged damages. An order requiring such production was entered by the court on November 26, 1968. Later, counsel agreed orally to the taking of discovery depositions.

On May 26, 1969, the defendant filed a motion to dismiss for plaintiff’s failure to appear and permit defendant to discover him orally. (Rules of…