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Contract: Other | New York Southern
Affidavit of Service Other
AFFIDAVIT OF SERVICE of Motion for Default Judgement and ORDERS served on REBECCA TAYLOR INC., AND REBECCA TAYLOR RETAIL STORES LLC on 07/22/2026. Service was made by Priority Mail Express. Document filed by Protex Industrial (H.K.) LTD...(Schack, Michael)
Order
ORDER re: 142 Order on Motion for Default Judgment. Pursuant to the Court's Order at Dkt. No. 142, Plaintiff Protex Industrial (H.K.) LTD ("Plaintiff") was required to file proof of service on Defendants Rebecca Taylor, Inc. and Rebecca Taylor Retail Stores (together, the "RT Defendants") of: (i) the Court's Order at Dkt. No. 142 (the "Inquest Order"), and (ii) Plaintiff's motion for default, memorandum of law, declarations from Plaintiff 9;s employee Kenny Chen and Plaintiff's counsel, exhibits in support of its motion for default, and statement of damages, (Dkt. Nos. 137-140 (the "Damages Submission")), by July 15, 2026. To date, Plaintiff still has not filed the re quired proof of service. As a one-time courtesy, the Court sua sponte EXTENDS Plaintiff's deadline to file the proof of service of the Inquest Order and Damages Submission on the RT Defendants up to and including July 24, 2026. PLAINTIFF IS WA RNED THAT FAILURE TO FILE THIS PROOF OF SERVICE BY JULY 24, 2026 MAY RESULT IN THE UNDERSIGNED ISSUING A REPORT AND RECOMMENDATION THAT RECOMMENDS DENIAL OF PLAINTIFF'S REQUEST FOR DAMAGES. If Plaintiff files the required proof of service, as stated above, by July 24, 2026, the RT Defendants' deadline to submit their response to the Damages Submission, if any, is EXTENDED up to and including August 7, 2026. IF THE RT DEFENDANTS (1) FAIL TO RESPOND TO PLAINTIFF'S DAMAGES SUBM ISSION, OR (2) FAIL TO CONTACT CHAMBERS BY AUGUST 7, 2026 AND REQUEST AN IN-COURT HEARING, THE UNDERSIGNED INTENDS TO ISSUE A REPORT AND RECOMMENDATION CONCERNING DAMAGES BASED ON PLAINTIFF'S DAMAGES SUBMISSION ALONE WITHOUT AN IN-COURT HEARIN G. 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." (citation omitted). SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 7/17/2026) (ar)
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