MANHATTAN (LN) — U.S. Magistrate Judge Sarah L. Cave denied Vista Food Exchange’s motion to depose two witnesses for defendant Comercial De Alimentos Sanchez, ruling the plaintiff failed to demonstrate good cause to reopen fact discovery or that the defendant waived work-product protection for its consulting forensic expert.
The dispute arises from a breach of contract action over more than $0.75 million in unpaid meat products. The Second Circuit remanded the case for trial in July 2025 after vacating the grant of summary judgment for Sanchez and denying Vista’s cross-motion for summary judgment.
Vista sought to depose Humberto Sanchez Hernandez, an owner of Sanchez who submitted a declaration regarding document production, and Khody R. Detwiler, a forensic document examiner retained as a consulting expert.
Judge Cave denied the request to depose Humberto, finding Vista failed to explain why it did not take the deposition before fact discovery closed in April 2021.
The court noted that Humberto’s declaration already detailed searches for seven categories of documents, including native versions of invoices and spreadsheets.
“Vista fails to persuade us that any further questioning of Humberto would elucidate the production of any additional documents that Vista claims not to have,” Judge Cave wrote.
The judge also weighed against reopening discovery because the Second Circuit’s remand order signaled that no further discovery was contemplated and trial should occur soon.
Sanchez argued that deposing Humberto, who resides in Mexico, would cause prejudice due to delay and expense.
Vista also sought to depose Detwiler, arguing that Sanchez waived Rule 26(b)(4)(D) protection by relying on his declaration to advance merits-based arguments.
Judge Cave rejected this argument, finding Detwiler’s opinions were limited to responding to the authenticity of documents and did not address whether Sanchez owed money for the products.
“Mr. Detwiler does not offer any opinion as to the substantive issue of whether Sanchez in fact paid Vista for the Invoices,” the judge wrote.
Vista also asked the court to order Sanchez to produce originals of documents, Detwiler’s work product, and native accounting files.
The motion was denied in its entirety.
The parties must file a joint status letter by May 7, 2026, regarding points raised in a February 2026 post-conference order.
Vista has separately sought leave to file a second amended complaint, which Sanchez has opposed; the court indicated it would address that motion in a separate opinion.