Dranitca v. Allied Universal et al

Filing 25

ORDER: To date, Plaintiff has failed to file the Motion, request an extension of the now-lapsed deadline to do so, or otherwise communicate with the Court. As a one-time courtesy, the sua sponte extends this deadline, and orders as follows: By June 2 , 2023, Plaintiff shall file the Motion in accordance with Fed. R. Civ. P. 55(b) and S.D.N.Y. Local Rule 55.2. Defendants shall file their response, if any, to Plaintiff's submissions no later than June 23, 2023. Plaintiff is directed to serve t his Order on Defendants and file proof of service by no later than May 26, 2023. Plaintiff is warned that failure to comply to this Order may result in a recommendation that this case be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b). and as set forth herein. SO ORDERED., ( Motions due by 6/2/2023., Responses due by 6/23/2023) (Signed by Magistrate Judge Sarah L Cave on 5/19/2023) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ALINA DRANITCA,
Plaintiff,
-v-

CIVIL ACTION NO.: 22 Civ. 5120 (JLR) (SLC)

ALLIED UNIVERSAL, WILLIAM TOMKINS, and PAWEL
MACZUGA,

ORDER

Defendants.
SARAH L. CAVE, United States Magistrate Judge.
On March 2, 2023, the Honorable Jennifer L. Rochon referred this matter to me for a
report and recommendation on Plaintiff’s anticipated motion for default judgment
(the “Motion”) and to conduct an inquest concerning Plaintiff’s damages. (ECF No. 23).
On March 3, 2023, the Court directed Plaintiff to file the Motion by April 5, 2023.
(ECF No. 24 ¶ 1). To date, Plaintiff has failed to file the Motion, request an extension of the
now-lapsed deadline to do so, or otherwise communicate with the Court. As a one-time
courtesy, the sua sponte extends this deadline, and orders as follows:
1.

By June 2, 2023, Plaintiff shall file the Motion in accordance with Fed. R.
Civ. P. 55(b) and S.D.N.Y. Local Rule 55.2. The Motion shall include
proposed findings of fact and conclusions of law concerning damages.
Plaintiffs must support all factual assertions by affidavit and/or other
evidentiary material. Plaintiff’s requested attorneys’ fees and costs
must be recorded in the form below, adding fields as necessary, and
supported by evidentiary material.

2.

Defendants shall file their response, if any, to Plaintiff’s submissions no
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later than June 23, 2023. IF DEFENDANTS (1) FAIL TO RESPOND TO
PLAINTIFF’S SUBMISSIONS, OR (2) FAIL TO CONTACT MY CHAMBERS BY
JUNE 23, 2023 AND REQUEST AN IN-COURT HEARING, I INTEND TO ISSUE
A REPORT AND RECOMMENDATION CONCERNING THE MOTION AND
PLAINTIFF’S DAMAGES BASED ON PLAINTIFF’S WRITTEN SUBMISSIONS
ALONE WITHOUT AN IN-COURT HEARING. See Transatlantic Marine
Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 111 (2d Cir.
1997) (“‘[I]t [is] not necessary for the District Court to hold a hearing,
as long as it ensured that there was a basis for the damages specified
in a default judgment.’” (quoting Fustok v. ContiCommodity Services
Inc., 873 F.2d 38, 40 (2d Cir. 1989))).
Plaintiff is directed to serve this Order on Defendants and file proof of service by no later
than May 26, 2023.
Plaintiff is warned that failure to comply to this Order may result in a recommendation
that this case be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b).
Dated:

New York, New York
May 19, 2023
SO ORDERED.
_________________________
SARAH L. CAVE
United States Magistrate Judge

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Requested Attorneys’ Fees
Timekeeper

Requested Rate

Requested Hours

Requested Total

TOTAL:

Requested Costs
Type of Expense

Evidence (with ECF cite)

Amount Requested

TOTAL:

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