Bernat v. Pennsylvania R. Co.

KIRKPATRICK, Chief Judge.

The defendant has failed to obey an order made under Fed.Rules Civ.Proc. rule 34, 28 U.S.C., to produce the plaintiff’s own statement, taken by the defendant shortly after the accident. The matter is now before the Court to determine what penalty should be imposed.

The plaintiff argues that the only adequate penalty for a refusal is to render a judgment by default against the disobedient party under Rule 37(b) (2) (iii) and there is something to be said for his view. In a case where the refusal to produce a document makes it impossible for the plaintiff to prepare or…