Walsh v. Marine Navigation Co.

McLEAN, District Judge.

Plaintiff seeks to take the depositions upon oral examination of five witnesses who reside in Louisiana. Defendant moves for an order requiring plaintiff to pay the expenses, including attorneys’ fees, of defendant’s attorney in attending the depositions. In the alternative, defendant asks that the depositions be taken in New York.

Although under the circumstances of this case I would be disposed to grant the application for attorneys’ fees and expenses, pursuant to Rule 5(a) of the Civil *26Rules of this court, I am faced with 28 U.S.C. § 1916 which provides:

“In all courts…