Local 743 v. United Aircraft

Citation: Local 743, International Association of Machinists v. United Aircraft Corp., 220 F. Supp. 19 (D. Conn. 1963).

In response to a set of interrogatories, the defendants delivered 450 pounds (120,000 copies) of photographic and copied material as their answers. Plaintiffs contended that this was not an adequate answer. They further alleged that the defendants' non-compliance was deliberate, and, therefore, moved under Fed. R. Civ. P. 37(6)(2) for a default judgment.

The defendants claimed that it did comply with the court's order to the extent that time and physical limitations permitted. They contended that their electronic equipment could not handle the volume of materials to be processed in the given time period, and that they were now willing to hire additional personnel and equipment at their own expense to analyze the data in a sufficient manner to answer the interrogatories.

The court concluded that the defendants did, in good faith, begin to comply with the previous court order compelling it to answer the interrogatories. In addition, the court found that the original order did not spell out the extent of the answers required, or the penalties for failure to comply. To enter a judgment by default at a point so early in the proceedings would be unjust and harsh. The court, therefore, ordered the defendants, at their own expense, to complete the analysis required by the interrogatories. It admonished defendants that failure to comply would subject them to any or all of the penalties set forth in Fed. R. Civ. P. 37(6)(2).