US Foods, Inc. v. Remcoda, LLC
- Analisa Torres
- 1:22-cv-09663
- U.S. District Court · Southern District of New York
- 6
In US Foods v. Remcoda, Judge Figueredo scheduled a discovery conference but did not decide the parties’ document dispute.
US Foods, Inc. and Remcoda, LLC, whose counsel were directed to participate in the scheduled discovery conference; the document does not resolve their discovery dispute.
What happened
In US Foods, Inc. v. Remcoda, LLC, US Foods asked for a conference about Remcoda’s objections to five requests for documents concerning the composition and testing of gloves sold to US Foods. US Foods alleges that Remcoda delivered vinyl gloves labeled as nitrile, while Remcoda disputes that allegation.
US Foods argued that the requested communications were relevant to whether the gloves were conforming, whether Remcoda had notice of similar complaints, and whether Remcoda was prejudiced by the timing of US Foods’ notice. Remcoda argued that the requests were too broad, burdensome, and unrelated to the pleaded breach-of-contract and warranty claim.
Judge Valerie Figueredo scheduled a discovery conference for May 23, 2023. The document does not decide whether Remcoda must produce the requested documents or whether US Foods may file a motion to compel.
The detailed version
- US Foods, Inc. v. Remcoda, LLC · No. 1:22-cv-09663
- Analisa Torres
- Apr. 28, 2023
Document and procedural posture
The document is a joint letter from US Foods, Inc. and Remcoda, LLC requesting a pre-motion discovery conference under the Southern District of New York’s local rules. The letter concerns Remcoda’s responses and objections to five requests for production of documents. The order states: “A discovery conference is hereby scheduled” for Tuesday, May 23, 2023, at 10:00 a.m. Counsel were directed to call Judge Figueredo’s conference line.
Underlying dispute
US Foods describes the case as a breach-of-contract and breach-of-warranty action. It says that it purchased approximately 79 million nitrile gloves from Remcoda in 2020 and 2021 and paid just over $10 million. US Foods alleges that Remcoda delivered vinyl gloves in cases and boxes labeled as nitrile, and that Remcoda did not provide a refund after US Foods demanded one. Remcoda maintains that the gloves delivered to US Foods were nitrile.
The disputed requests seek internal communications and communications with third parties about Remcoda’s ability to deliver nitrile gloves, the quality and composition of the gloves, testing, and complaints from other customers. US Foods argues that these materials are relevant to whether the gloves were nonconforming, whether Remcoda had notice of the alleged problem, and whether Remcoda acted in good faith. Remcoda argues that the requests concern matters such as intent and unrelated customer transactions that are outside the scope of US Foods’ pleaded contract and warranty claim. Remcoda also states that it agreed to produce certain testing-related materials and some other documents.
Ruling and effect
Judge Valerie Figueredo scheduled the requested discovery conference. The document does not state that the court granted or denied a motion to compel, overruled or sustained Remcoda’s objections, or ruled on US Foods’ request for permission to file a motion to compel. The parties’ substantive discovery dispute therefore remained unresolved in this document.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.