Bullard v. Universal Millwork Corp.

RAYFIEL, District Judge.

The plaintiff herein moves, pursuant to Rule 26(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A., for an order directing the defendant, by its president, to appear for the taking of his deposition upon oral examination, and for an order, pursuant to Rule 37(d) striking defendant’s answer if he should fail to appear.

This action was commenced by the filing of the complaint in the Office of the Clerk of this Court on September 2,1959. It was served on the defendant on October 5, 1959. On September 23, 1959 the plaintiff served on the defendant, by mail, a notice to…