Legal Opinion

Smith v. China Merchants Steam Navigation Co.

District Court, E.D. Pennsylvania

Decided September 13, 1972No. Civ. A. No. 71-1834PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

HUYETT, District Judge.

Plaintiff has moved for a protective order pursuant to Fed.R.Civ.P. 26(c). He seeks to delay the taking of his deposition by defendant until after he has received a copy of a statement he made following the accident to his employer, Lavino Shipping Corporation (Lavino) which is not a party to this action. Lavino has possession of the statement. Plaintiff’s motion will be denied.

The fact that plaintiff may have a right to such a statement under the rules of discovery does not determine the present issue. Defendant in taking a deposition has a…

2Cases cited2 opinions

  1. McCoy v. General Motors Corp.District Court, W.D. Pennsylvania · 1963
  2. Dingler v. Halcyon Lijn N. V.District Court, E.D. Pennsylvania · 1970

3Cited by5 opinions

  1. Charles Miles v. The M/v Mississippi Queen, the Delta Queen Steamboat CompanyCourt of Appeals for the Fifth Circuit · 1985
  2. Willard v. Constellation Fishing Corp.District Court, D. Massachusetts · 1991
  3. Manske v. UPS CARTAGE SERVICES, INC.District Court, D. Maine · 2011
  4. United States v. BarteschDistrict Court, N.D. Illinois · 1986
  5. Charles Miles v. The M/v Mississippi Queen, the Delta Queen Steamboat CompanyCourt of Appeals for the Fifth Circuit · 1985

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