Since the 45day period has passed there is no recourse except a possible "charge back" if you paid by credit card.
Never let the 45day period to open a case pass no matter what a seller tells you. It's a known ploy of some sellers to string buyers along with promises of re-sends etc...in hopes of pushing things past the 45day period.
There is a new case time period being put in place though which I believe extends the 45days to 180days. I don't think this applies yet though, sorry.