Cadet v. Alliance Nursing Staffing of New York, Inc.
- Katherine Failla
- 1:21-cv-03994
- U.S. District Court · Southern District of New York
- 5
In Cadet v. Alliance Nursing, Judge Failla ordered discovery deadlines and warned that continued noncompliance could lead to sanctions and dismissal.
Sherly Cadet must respond to discovery requests, produce relevant documents, and attend a deposition by the court-ordered deadlines. Alliance Nursing Staffing of New York, Inc. may proceed with discovery, and the case remains subject to possible sanctions if Cadet does not comply.
What happened
In Cadet v. Alliance Nursing Staffing of New York, Inc., the defendant told the court that Sherly Cadet had not meaningfully answered interrogatories, produced requested documents, or cooperated with scheduling her deposition. The court also described a year of filings and appeals that had delayed discovery in her employment-related case.
The court reminded Cadet that discovery was necessary to address her claims and damages. It ordered the parties to complete fact discovery by December 4, 2023, and fact-witness depositions by December 8, 2023, followed by a December 19 status conference.
Judge Failla warned that failing to follow the discovery rules and court orders could result in sanctions, including dismissal of the case. The order did not impose those sanctions or dismiss the case at that time.
The detailed version
- Cadet v. Alliance Nursing Staffing of New York, Inc. · No. 1:21-cv-03994
- Katherine Failla
- Oct. 12, 2023
Background
The court held an October 11, 2023 conference about the progress of discovery. Alliance Nursing Staffing of New York, Inc. reported that Sherly Cadet had failed to meaningfully respond to interrogatories, failed to produce documents requested in discovery, and had not cooperated with scheduling her deposition.
The court stated that it had previously allowed discovery to proceed on Cadet’s claims for hostile work environment, retaliation, and disparate treatment under 42 U.S.C. § 1981 and the New York City Human Rights Law. The court criticized Cadet’s later filings seeking reconsideration, amendments to add claims, and other relief, describing them as delaying the case. The court also noted that Cadet’s appeals had been dismissed and that the Court of Appeals had denied her request to stay the October 11 conference, while directing her to attend it. Cadet did not attend the conference.
Court’s Action
The court stated that discovery had to move forward. It said Cadet was required under Federal Rules of Civil Procedure 33 and 34 to answer Alliance’s interrogatories and requests for production concerning her alleged damages and efforts to reduce those damages. It also stated that Cadet had to appear for a deposition.
The court warned that violating the discovery rules or its orders could lead to sanctions under Federal Rule of Civil Procedure 37, including dismissal of the case. The court did not impose sanctions or dismiss the case in this order. Instead, under a revised case management plan, it ordered the parties to complete fact discovery by December 4, 2023, complete fact-witness depositions by December 8, 2023, and appear for a status conference on December 19, 2023, at 10:30 a.m. in Courtroom 618 of the Thurgood Marshall United States Courthouse.
Effect of the Order
The order set binding discovery deadlines and required Cadet to participate in discovery. It warned that continued noncompliance could result in sanctions and dismissal, but left the case pending and did not determine the merits of Cadet’s claims. The opinion refers to Cadet’s claims under Section 1981 in one passage and later refers to “Section 1983” claims; this summary preserves that inconsistency rather than resolving it.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.