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PRICE v. LEVITT

August 18, 1939

PRICE
v.
LEVITT et al.



The opinion of the court was delivered by: CAMPBELL

CAMPBELL, District Judge.

This is a motion made on behalf of the defendants.

1. For an order pursuant to Rule 30(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, with respect to plaintiff's notice for taking depositions by oral examination, dated July 11, 1939.

 a. That the said depositions shall not be taken.

 b. That the matters stated in said notice shall not be inquired into.

 c. That the said notice be vacated in all respects.

 d. That the court make such other order which justice requires to protect the defendants from annoyance, embarrassment or oppression.

 In this action the plaintiff sues to recover damages for personal injuries alleged to have been sustained through the negligence of the defendants.

 The defendants were insured against liability for personal injuries by the Liberty Mutual Insurance Company.

 After the accident, and before the plaintiff had retained an attorney, negotiations were had with the insurance company toward a settlement of her claim against it.

 Before the plaintiff retained an attorney, the insurance company investigated the circumstances, surrounding the accident, and obtained written statements from the plaintiff, her daughter and son-in-law, who were with her at the time of the occurrence, and also reports from her physicians, both in Tennessee and New York. Copies of the reports were not given to the plaintiff. Thereafter this action was instituted and is now at issue. Plaintiff has answered the interrogatories propounded by the defendants. Plaintiff has also given security as for costs as a non-resident.

 The Attorney for the defendants herein is the Attorney for the Liberty Mutual Insurance Company, one of the parties sought to be examined herein.

 Pursuant to Rule 26 of the Rules of Civil Procedure for the District Courts of the United States, the plaintiff served notice upon the defendant's Attorney that at a certain time and place therein mentioned, the plaintiff would take testimony upon oral examination of the Liberty Mutual Insurance Company, by an officer or employee having knowledge of the matters therein stated, and of Mr. Saddlemier, an employee of the Liberty Mutual Insurance Company, and that they would be examined regarding any matter, not privileged, relating to the subject matter involved in the above entitled action, including the existence, discription, nature, custody, and location of any documents, or statements, relating to the above entitled ...


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