Opinion
Action against defendants who resided in and whose places of business was England. On defendants' motion to vacate notice to take depositions of certain defendants in New York City, the District Court, Dawson, J., held that plaintiff would be required first to proceed by written interrogatories, subject to right to make application for taking testimony by oral deposition if answers to interrogatories were insufficient.
Order accordingly.
Joseph S. Meadow and M. K. & R. Josephson, New York City, for plaintiff.
Webster Sheffield & Chrystie and Mendes & Mount, New York City, for defendants.
DAWSON, District Judge.
This is a motion to vacate plaintiff's notices to take the depositions of certain defendants. It is undisputed that these defendants are British subjects residing in England, and that their places of business are in England. The notices of examination would require them to appear for oral examination at the United States Courthouse in New York City. The proper place for taking the oral deposition of individual defendants is their residence, or of corporate defendants, their principal place of business. I think the plaintiff's purpose would be adequately served at this time by means of written interrogatories. If, on the return of the interrogatories and answers, they are shown to be insufficient, an application may then be made for taking their testimony by oral deposition. Isbrandsten v. Moller, D.C.N.Y.1947, 7 F.R.D. 188.
The motion to vacate plaintiff's notices to take the depositions of certain defendants, which notices were served on September 21, 1954, is granted. So ordered.