Barili

In -this action for infringement of letters patent, pertaining to a Stuffed Pastry Machine, defendants Achille Bianchi and Mario Packing Corporation sought to take the deposition of plaintiff in a hearing noticed in the City of San Francisco. Upon refusal of plaintiff, a resident of Los Angeles, to appear, defendants above named moved the Court for an order compelling plaintiff’s attendance in San Francisco at a time certain, or in the alternative, for an order striking the complaint of plaintiff and entering a default judgment. The matter is presented to the Court on these alternative motions.

The particular facts which have given rise to the motions of defendants Bianchi and Mario Packing Corporation are as follows:

On November 22, 1946, the defendants served notice on plaintiff of their desire and intention to take the deposition of plaintiff in accordance with Rule 30(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The offices of attorney for defendants were designated as the place in San Francisco for conducting the deposition hearing.

Upon receiving his notice of hearing, plaintiff prepared timely objections against making an appearance. He…