Tarr v. HQ Milton, Inc.
- Paul Engelmayer
- 1:23-cv-09264
- U.S. District Court · Southern District of New York
- 2
In Tarr v. HQ Milton, Judge Aaron ordered a damages filing or extension and warned of sanctions and possible dismissal for failure to prosecute.
Ellen Elizabeth Tarr and the others she seeks to represent, as well as HQ Milton, Inc.; the order sets a filing requirement for Tarr and warns of sanctions and a possible recommendation to dismiss the case.
What happened
In Tarr v. HQ Milton, Inc., Judge Engelmayer had already found that Ellen Elizabeth Tarr was entitled to a default judgment against HQ Milton, Inc. The case was referred for a proceeding to determine the judgment’s nature and any monetary relief.
Tarr missed the deadline to submit information about damages and other monetary relief. After court staff directed her counsel to file the submission or request more time, she missed that additional deadline as well.
Judge Aaron ordered Tarr to file the submission or a good-cause extension request by August 28, 2024, and to explain the delays. Judge Aaron warned that failing to comply would result in sanctions and a recommendation to Judge Engelmayer to dismiss the case for failure to prosecute.
The detailed version
- Tarr v. HQ Milton, Inc. · No. 1:23-cv-09264
- Paul Engelmayer
- Aug. 23, 2024
Background
On July 30, 2024, Judge Paul Engelmayer entered an order finding that Plaintiff Ellen Elizabeth Tarr was entitled to a default judgment against Defendant HQ Milton, Inc. The case was then referred to Magistrate Judge Stewart D. Aaron for an inquest—an additional proceeding concerning the nature of the judgment and the monetary relief to be awarded.
Missed filings
The court’s July 30 scheduling order required Tarr to submit information about damages and any other monetary relief by August 20, 2024. Tarr did not file the required submission. On August 21, court staff emailed Tarr’s counsel and directed counsel to file the submission or request an extension by letter motion no later than 5:00 p.m. on August 22. Tarr did not file either document by that deadline, and the court had still not received the submission when this order was issued.
Order
Judge Aaron ordered Tarr to file the damages submission or a letter requesting an extension by 5:00 p.m. on August 28, 2024. Any extension request had to state good cause and include the reasons for the late filing and for disregarding the July 30 order and the court’s email directive. The order states that failure to comply would result in sanctions and a report and recommendation to Judge Engelmayer to dismiss the case for failure to prosecute. This order did not itself impose the threatened sanctions or dismiss the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.