1916. It declared that to grant the relief requested would be "to require the prepayment of 'fees and costs'" Walsh, supra, 34 F.R.D. at 26.
Nagle, supra, was a seaman's action instituted in the Eastern District of Virginia. There, the proctor for libellant moved to direct the payment of proctor's fees and/or expenses in connection with his attendance at a deposition to be taken by respondents in Savannah, Georgia. The basis of the motion was Admiralty Rule 30E(b) which was identical to Rule 30(b) of the Federal Rules of Civil Procedure. However, despite the language of Walsh, the court also stated that 28 U.S.C. § 1916 does not necessarily give "the seaman immunity or automatically permit * * * his counsel to collect a fee for attending a deposition." Nagle, supra, 242 F. Supp. at 801.
The original statute of 1917 was enacted prior to the extensive discovery rules of the federal courts. We do not think that Congress then intended the result that the plaintiff advocates here, and we find no indication that such a meaning was engrafted into the statute in the 1940 or 1948 Judicial Codes.
The purpose of the statute, it seems to us, is to relieve the plaintiff from prepayment of those fees and costs of suit, such as the initial filing fee and various Marshal's fees, that must be paid to the court.
We cannot believe that the statute gives the plaintiff an automatic right to avoid prepayment of any other costs that he may incur in preparing his case for trial.
The construction that the plaintiff places on 28 U.S.C. § 1916 would be extremely onerous to defendants. Not only would they have to pay their own pretrial costs but would be burdened with those of the plaintiff. Absent any clear indication of this surprising result in the statute, we shall not bestow our imprimatur upon it. See Nagle, supra.
Our decision here deals solely with the interpretation of 28 U.S.C. § 1916. We do not say that the plaintiff in a seaman's action may not be able to recover costs of depositions under Rule 30(b) of the Federal Rules of Civil Procedure when "justice requires to protect the party or witness from annoyance, embarrassment, or oppression."
In this case, we find no justification for invoking the provisions of this Rule. The plaintiff's deposition was taken in Philadelphia where he resides and where counsel for both sides are located.
And now, this 12th day of January 1967, it is hereby Ordered that the plaintiff's motion to compel the defendant to prepay all costs of this seaman's action, including the cost of depositions, to provide plaintiff's attorney with copies of any and all depositions taken in this matter, and to pay plaintiff's attorney's fees for wilful refusal to provide copy of depositions to plaintiff's attorney, be and the same is denied.