Beda v. The Nurtury at Flandreau
- Nelson Roman
- 7:22-cv-04827
- U.S. District Court · Southern District of New York
- 2
In Beda v. Nurtury, Judge Reznik gave defendants a final chance to comply with discovery orders before a possible sanctions hearing.
The defendants were ordered to provide the required discovery-related letter by November 10, 2025 and were warned that further noncompliance could lead to a sanctions hearing. Plaintiffs’ counsel was directed to serve the order on defendants’ counsel and file proof of service.
What happened
In Jeniffer Beda et al. v. The Nurtury at Flandreau, Inc. et al., defendants failed to appear for an October 21, 2025 discovery conference and did not submit letters the court had ordered explaining their absence and updating discovery.
The court gave defendants one additional, final opportunity to comply. It ordered them to submit a letter by November 10, 2025, explaining why they missed the conference, updating the status of discovery, and stating whether they have documents responsive to plaintiffs’ August 2025 requests. Plaintiffs’ counsel must personally serve the order on defendants’ counsel and file proof of service.
Judge Victoria Reznik warned that failing to comply could lead to a hearing about sanctions under Rule 37, including limits on evidence or claims and defenses, contempt, and payment of plaintiffs’ reasonable attorney’s fees and costs.
The detailed version
- Beda v. The Nurtury at Flandreau · No. 7:22-cv-04827
- Nelson Roman
- Nov. 3, 2025
Background
The court had previously ordered defendants to explain why they failed to appear for a telephonic discovery conference on October 21, 2025, and to update the court on discovery. Defendants did not submit the required letter by the October 24 deadline. After another order on October 27 directed defendants to comply and warned that continued noncompliance could lead to an order requiring them to explain why they should not be sanctioned under Rule 37 of the Federal Rules of Civil Procedure, defendants again submitted nothing.
Order
The court gave defendants one third and final opportunity to comply. By November 10, 2025, defendants must submit a letter explaining their failure to appear at the October 21 discovery conference, updating the status of discovery, and confirming whether they possess documents responsive to plaintiffs’ August 2025 requests for production.
The court directed plaintiffs’ counsel to arrange in-person service of the order on defendants’ counsel and to file proof of service through the court’s electronic filing system.
Possible sanctions
The order states that failure to comply may result in a scheduled hearing at which defendants would have to show why they should not be sanctioned under Rule 37. The possible sanctions identified by the court include prohibiting defendants from introducing evidence or supporting or opposing claims or defenses, finding defendants in contempt of court, and requiring defendants to pay plaintiffs’ reasonable attorney’s fees and costs. The order itself directs further compliance and warns of possible sanctions; it does not state that those sanctions were imposed.
Judge
Victoria Reznik, United States Magistrate Judge, issued and signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.