Ebenhart v. Power

S.D. New York

Ebenhart v. Power

309 F. Supp. 660, 1969 U.S. Dist. LEXIS 13712

CourtDistrict Court, S.D. New York

DecidedNovember 20, 1969

Docket68 Civ. 5002

StatusPublished

Cited by19 cases

This text of 309 F. Supp. 660 (Ebenhart v. Power) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ebenhart v. Power, 309 F. Supp. 660, 1969 U.S. Dist. LEXIS 13712 (S.D.N.Y. 1969).

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Opinion

MEMORANDUM

TENNEY, District Judge.

By order of Judge Frankel of this court, plaintiffs have been authorized, pursuant to 28 U.S.C. § 1915(a), to commence a civil action in this court without prepayment of costs and fees or the necessity of giving security therefor. Plaintiffs now move this Court for a “supplementing” order, “providing that the cost of taking, transcribing and making copies of depositions taken on behalf of the plaintiffs be paid by the U. S. Government. * * * ” A statement by Bernard Hanft, Esq., attorney for plaintiffs, noting that plaintiffs “are in no financial position to pay for the taking *661 and transcription of depositions or other procedural devices designed to aid in the prosecution of lawsuits”, has been submitted in support of this motion.

Plaintiffs’ motion is in all respects denied for the following reasons:

(1) Grave doubts exist as to whether Section 1915 authorizes this Court to order the appropriation of Government funds in civil suits to aid private litigants in conducting pre-trial discovery. Perkins v. Rich, 198 F.Supp. 615 (D.Del. 1961); see Beard v. Stephens, 372 F.2d 685, 690 (5th Cir. 1967); Harless v. United States, 329 F.2d 397, 398-399 (5th Cir. 1964); Douglas v. Green, 327 F.2d 661, 662 (6th Cir.), cert. denied, 379 U.S. 862, 85 S.Ct. 126, 13 L.Ed.2d 66 (1964); Hullom v. Kent, 262 F.2d 862, 863-864 (6th Cir. 1959); Seybold v. Milwaukee County Sheriff, 276 F.Supp. 484-487-488 (E.D.Wis.1967); Villanueva v. Gulf Oil Corp., 262 F.Supp. 492, 494 (E.D.Pa.1967); Diaz v. Chatterton, 229 F.Supp. 19, 23 (S.D.Cal. 1964); Cheek v. Thompson, 33 F.Supp. 497, 499 (W.D.La.1940); cf. Allison v. Wilson, 277 F.Supp. 271, 275 (N.D.Cal.1967).

(2) Plaintiffs have failed to set forth any information which would enable this Court to determine either the reasonableness or necessity for such depositions or the pertinency thereof. In light of the numerous defendants joined in plaintiffs' complaint, it would appear absolutely necessary, assuming arguendo that such funds could be made available, for plaintiffs to specify whom they wish to depose and the suspected relevance of such depositions. Harless v. United States, supra, 329 F.2d at 398-399; Douglas v. Green, supra, 327 F.2d at 662; Nunn v. Humphrey, 80 F.Supp. 856, 857 (M.D. Pa.1948). No such showing has been made herein.

Accordingly, and for the foregoing reasons, plaintiffs’ motion is in all respects denied.

So ordered.

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MEMORANDUM

TENNEY, District Judge.

By order of Judge Frankel of this court, plaintiffs have been authorized, pursuant to 28 U.S.C. § 1915(a), to commence a civil action in this court without prepayment of costs and fees or the necessity of giving security therefor. Plaintiffs now move this Court for a “supplementing” order, “providing that the cost of taking, transcribing and making copies of depositions taken on behalf of the plaintiffs be paid by the U. S. Government. * * * ” A statement by Bernard Hanft, Esq., attorney for plaintiffs, noting that plaintiffs “are in no financial position to pay for the taking *661 and transcription of depositions or other procedural devices designed to aid in the prosecution of lawsuits”, has been submitted in support of this motion.

Plaintiffs’ motion is in all respects denied for the following reasons:

(1) Grave doubts exist as to whether Section 1915 authorizes this Court to order the appropriation of Government funds in civil suits to aid private litigants in conducting pre-trial discovery. Perkins v. Rich, 198 F.Supp. 615 (D.Del. 1961); see Beard v. Stephens, 372 F.2d 685, 690 (5th Cir. 1967); Harless v. United States, 329 F.2d 397, 398-399 (5th Cir. 1964); Douglas v. Green, 327 F.2d 661, 662 (6th Cir.), cert. denied, 379 U.S. 862, 85 S.Ct. 126, 13 L.Ed.2d 66 (1964); Hullom v. Kent, 262 F.2d 862, 863-864 (6th Cir. 1959); Seybold v. Milwaukee County Sheriff, 276 F.Supp. 484-487-488 (E.D.Wis.1967); Villanueva v. Gulf Oil Corp., 262 F.Supp. 492, 494 (E.D.Pa.1967); Diaz v. Chatterton, 229 F.Supp. 19, 23 (S.D.Cal. 1964); Cheek v. Thompson, 33 F.Supp. 497, 499 (W.D.La.1940); cf. Allison v. Wilson, 277 F.Supp. 271, 275 (N.D.Cal.1967).

(2) Plaintiffs have failed to set forth any information which would enable this Court to determine either the reasonableness or necessity for such depositions or the pertinency thereof. In light of the numerous defendants joined in plaintiffs' complaint, it would appear absolutely necessary, assuming arguendo that such funds could be made available, for plaintiffs to specify whom they wish to depose and the suspected relevance of such depositions. Harless v. United States, supra, 329 F.2d at 398-399; Douglas v. Green, supra, 327 F.2d at 662; Nunn v. Humphrey, 80 F.Supp. 856, 857 (M.D. Pa.1948). No such showing has been made herein.

Accordingly, and for the foregoing reasons, plaintiffs’ motion is in all respects denied.

So ordered.

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Bluebook (online)

309 F. Supp. 660, 1969 U.S. Dist. LEXIS 13712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ebenhart-v-power-nysd-1969.

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