USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED DOC #: Ellen Elizabeth Tarr, on behalf of herself and DATE FILED: __ 23/2024 others similarly situated, 1:23-cv-09264 (PAE) (SDA Plaintiff, 3-cv-09264 (PAE) (SDA)

. ORDER -against- HQ Milton, Inc., Defendant.

STEWART D. AARON, United States Magistrate Judge: WHEREAS, on July 30, 2024, Judge Engelmayer entered an Order finding that Plaintiff is entitled to a default judgment against Defendant HQ Milton, Inc. (7/30/24 Order of Default J., ECF No. 20); and WHEREAS, Judge Engelmayer thereafter referred this case to the undersigned for an inquest with respect to the nature of the judgment to be entered. (Am. Order of Reference, ECF No. 21); and WHEREAS, the undersigned issued a Scheduling Order for Damages Inquest setting the deadline for Plaintiff's submissions concerning all damages and any other monetary relief permitted under the entry of default judgment (the “Inquest Submission”), as August 20, 2024 (7/30/24 Scheduling Order for Damages Inquest, ECF No. 22); and WHEREAS, Plaintiff did not file any Inquest Submission consistent with the July 30, 2024 Order on August 20, 2024; and WHEREAS, on August 21, 2024, the undersigned’s Chambers emailed counsel for Plaintiff and directed him to file the Inquest Submission, or an extension of time by letter

motion to do the same, no later than 5:00 p.m. yesterday, August 22, 2024 (the “Email Directive”) (8/21/24 Email from Chambers to PI.); and WHEREAS, Plaintiff did not file any Inquest Submission or a letter requesting an extension consistent with the Email Directive on August 22, 2024; and WHEREAS, as of the filing of this Order, the Court has still not yet received Plaintiff’s Inquest Submission, contravening both the Court’s July 30, 2024 Order and the Email Directive. NOW, THEREFORE, it is hereby ORDERED: 1. No later than Wednesday, August 28, 2024, at 5:00 p.m., Plaintiff shall either file an Inquest Submission or a letter requesting an extension of time to do the same (stating good cause for such extension), which shall also include by way of cover note or footnote supplying the reason(s) for the (a) untimely filings, and (b) disregard of the Court’s July 30, 2024 Order and the Email Directive. 2. Failure to comply with this Order shall result in the imposition of sanctions and a Report and Recommendation addressed to Judge Engelmayer to dismiss this case for Plaintiff's failure to prosecute. SO ORDERED. Dated: New York, New York August 23, 2024

STEWART D. AARON United States Magistrate Judge

1 See Siliki v. Linn, No. 21-CV-08162 (KPF) (OTW),

, at *2 (S.D.N.Y. Dec. 29, 2023) (adopting report and recommendation that case should be dismissed for failure to prosecute after supplying extensions of time to file damages inquest submissions).