Dellameo v. Great Lakes S. S. Co.

District Court, N.D. Ohio
Dellameo v. Great Lakes S. S. Co., 9 F.R.D. 77 (1949)
1949 U.S. Dist. LEXIS 3139

Dellameo v. Great Lakes S. S. Co.

Opinion of the Court

JONES, Chief Judge.

That information and hospital records are not readily available is not enough to -support “good cause” under Federal Rules of -Civil Procedure, rule 34, 2-8 U.S.C.A. By the -exercise -of any reasonable amount of diligence and -energy the plaintiff has every opportunity of securing the information that he seeks from the papers possessed by the defendant. The names of all witnesses canvassed by the defendant were -made available; the hospital -records really were primarily under -control of the plaintiff and still can be had by him.

There is no showing here that the plaintiff is -entitled to ifavorable action on his motion for production. Hickman v. Taylor, 329 U.S. 495, at page 512, 67 S.Ct. 385, 91 L.Ed. 451.

Motion -denied.

Reference

Full Case Name
DELLAMEO v. GREAT LAKES S. S. CO.
Cited By
5 cases
Status
Published