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National Union Electric Corp. v. Matsushita Electric Industrial Co.

Citations: 494 F. Supp. 1257; 31 Fed. R. Serv. 2d 414; 1980 U.S. Dist. LEXIS 11201Docket: Civ. A. 74-3247. MDL 189

Court: District Court, E.D. Pennsylvania; May 5, 1980; Federal District Court

Narrative Opinion Summary

This case involves a discovery dispute in a significant antitrust lawsuit where the defendants requested National Union Electric Corporation (NUE) to produce data in a computer-readable format. The data, related to sales and production of television receivers, had been initially provided in printed form incompatible with the defendants' systems. NUE opposed this request, invoking the work product doctrine, arguing that the data compilation involved counsel's mental impressions. The court, however, found no evidence of such protected work product and concluded that the data arrangement was dictated by the defendants' interrogatories. The court emphasized the discovery rules under the Federal Rules of Civil Procedure, especially the 1970 amendments to Rule 34, which include computerized records in discovery requests. The court noted the defendants' willingness to bear the costs of converting the data and their substantial need for it, ruling that producing the data in a machine-readable format did not impose undue hardship on NUE. Consequently, the court granted the defendants' request, aligning with precedents that favor the production of electronically stored information to ensure efficient legal proceedings. The decision highlights the evolving nature of data storage and the necessity of adapting discovery practices to accommodate electronic data formats.

Legal Issues Addressed

Cost Allocation in Discovery

Application: The defendants' willingness to bear the cost of converting data to a machine-readable format was a factor in granting their discovery request.

Reasoning: They expressed willingness to cover the costs of this operation.

Discovery of Computerized Records under Rule 34

Application: The court permitted the production of computerized records in a machine-readable format even though the data had initially been provided in printout form, as the defendants were willing to cover the costs and no work product privilege applied.

Reasoning: The 1970 amendments to Rule 34 of the Federal Rules of Civil Procedure explicitly state that computerized records are included in requests for production.

Substantial Need and Undue Hardship in Discovery

Application: The defendants demonstrated substantial need for the data in a computer-readable format and inability to obtain equivalent materials without undue hardship, as manually entering the data would be costly and time-consuming.

Reasoning: Defendants acknowledged that they could manually re-enter the data into a computer-readable format, which would be costly and time-consuming.

Work Product Doctrine and Data Compilation

Application: The court determined that the data compilation did not qualify as work product because it did not contain mental impressions or trial strategy, and thus was subject to discovery.

Reasoning: After reviewing precedents, the court concludes it does not, finding no evidence of 'mental impressions' or 'trial strategy.'