New York Eastern District Court
Judge:Ann M Donnelly
Referred: Anne Y Shields
Case #: 2:24-cv-02665
Nature of Suit710 Labor - Fair Labor Standards Act
Cause29:201 Denial of Overtime Compensation
Case Filed:Apr 10, 2024
Terminated:Apr 17, 2025
Last checked: Monday Oct 07, 2024 4:19 AM EDT
Defendant
Jack DaSilva
Represented By
Jason Mizrahi
Levin-Epstein & Associates, P.C.
contact info
Joshua Levin-Epstein
Levin-Epstein & Associates, P.C.
contact info
Defendant
Rusell Gritzmacher
Represented By
Jason Mizrahi
Levin-Epstein & Associates, P.C.
contact info
Joshua Levin-Epstein
Levin-Epstein & Associates, P.C.
contact info
Defendant
J&R Earth, Inc.
Represented By
Jason Mizrahi
Levin-Epstein & Associates, P.C.
contact info
Joshua Levin-Epstein
Levin-Epstein & Associates, P.C.
contact info
Defendant
JBD Contracting, Inc.
Represented By
Jason Mizrahi
Levin-Epstein & Associates, P.C.
contact info
Joshua Levin-Epstein
Levin-Epstein & Associates, P.C.
contact info
Plaintiff
Erwin Arriasa Carrera
Represented By
Jesse S. Barton
Csm Legal P.C.
contact info
Catalina Sojo
Csm Legal P.C.
contact info

GPO Apr 17 2025
ORDER: This action is dismissed without prejudice. The Clerk of Court is respectfully directed to close this case and enter judgment. Ordered by Judge Ann M. Donnelly on 4/17/2025. (DG)

Docket last updated: 5 hours ago
Thursday, April 17, 2025
21 21 order Judgment - Clerk Thu 04/17 2:50 PM
CLERK'S JUDGMENT: that this action is dismissed without prejudice. Signed by Deputy Clerk, Jalitza Poveda, on behalf of Clerk of Court, Brenna B. Mahoney, on 4/17/2025. (JP)
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20 20 1 pgs order Order on Motion to Dismiss Thu 04/17 9:31 AM
ORDER: This action is dismissed without prejudice. The Clerk of Court is respectfully directed to close this case and enter judgment. Ordered by Judge Ann M. Donnelly on 4/17/2025. (DG)
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Wednesday, September 18, 2024
19 19 motion Adjourn Conference Wed 09/18 2:26 PM
First MOTION to Adjourn Conference Sine Die by Erwin Arriasa Carrera. (Barton, Jesse)
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order Order on Motion to Adjourn Conference Wed 09/18 3:16 PM
ORDER granting19 Motion to Adjourn Conference. In light of counsel's representations found in the instant motion, the initial conference scheduled for September 25, 2024 is CANCELLED. So Ordered by Magistrate Judge Anne Y. Shields on 9/18/2024. (DM)
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Tuesday, September 10, 2024
18 18 respm Response to Motion Tue 09/10 12:25 PM
RESPONSE to Motion re17 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 25(a)(1) filed by Erwin Arriasa Carrera. (Barton, Jesse)
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17 17 motion Dismiss Tue 09/10 11:31 AM
MOTION to Dismiss Pursuant to Fed.R.Civ.P. 25(a)(1) by Jack DaSilva, Rusell Gritzmacher, J&R Earth, Inc., JBD Contracting, Inc.. (Mizrahi, Jason)
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order Scheduling Order Tue 09/10 11:40 AM
SCHEDULING ORDER: Pursuant to my individual rules, a pre-motion conference with the Court must be requested before making a dispositive motion. Accordingly, the Court construes the defendants'17 motion as a request for a pre-motion conference. The plaintiff must file a response, not to exceed 3 pages, by September 17, 2024. Ordered by Judge Ann M. Donnelly on 9/10/2024. (HA)
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Sunday, August 11, 2024
order Order on Motion for Extension of Time to Answer Sun 08/11 10:45 AM
ORDER granting16 Motion for Extension of Time to Answer. Defendants Jack DaSilva, Rusell Gritzmacher, J&R Earth, Inc., and JBD Contracting, Inc.'s time to answer or otherwise respond to the Complaint is EXTENDED to September 10, 2024. So Ordered by Magistrate Judge Anne Y. Shields on 8/11/2024. (DM)
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Friday, August 09, 2024
16 16 motion Extension of Time to File Answer Fri 08/09 7:09 PM
MOTION for Extension of Time to File Answer re1 Complaint, by Jack DaSilva, Rusell Gritzmacher, J&R Earth, Inc., JBD Contracting, Inc.. (Mizrahi, Jason)
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Thursday, July 11, 2024
order Order on Motion for Extension of Time to Answer Thu 07/11 9:56 AM
ORDER granting15 Motion for Extension of Time to Answer. Defendants Jack DaSilva, Rusell Gritzmacher, J&R Earth, Inc., and JBD Contracting, Inc.'s time to answer or otherwise respond to the Complaint is EXTENDED to August 10, 2024. So Ordered by Magistrate Judge Anne Y. Shields on 7/11/2024. (DM)
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Wednesday, July 10, 2024
15 15 motion Extension of Time to File Answer Wed 07/10 12:21 PM
MOTION for Extension of Time to File Answer in Light of Suggestion of Death [Dckt. No. 13] by Jack DaSilva, Rusell Gritzmacher, J&R Earth, Inc., JBD Contracting, Inc.. (Mizrahi, Jason)
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Monday, June 10, 2024
14 14 motion Extension of Time to File Answer Mon 06/10 1:35 PM
Second MOTION for Extension of Time to File Answer re1 Complaint, in Light of Suggestion of Death [Dckt. No. 13] by Jack DaSilva, Rusell Gritzmacher, J&R Earth, Inc., JBD Contracting, Inc.. (Levin-Epstein, Joshua)
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13 13 misc Suggestion of Death Mon 06/10 12:59 PM
SUGGESTION OF DEATH Upon the Record as to Plaintiff Erwin Arriasa Carrera by Erwin Arriasa Carrera (Barton, Jesse)
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order Order on Motion for Extension of Time to Answer Mon 06/10 4:43 PM
ORDER granting14 Motion for Extension of Time to Answer. Defendants Jack DaSilva, Rusell Gritzmacher, J&R Earth, Inc., and JBD Contracting, Inc.'s time to answer or otherwise respond to the Complaint is EXTENDED to July 10, 2024. So Ordered by Magistrate Judge Anne Y. Shields on 6/10/2024. (DM)
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Friday, May 10, 2024
order Order on Motion for Extension of Time to Answer Fri 05/10 10:01 AM
ORDER granting12 Motion for Extension of Time to Answer. Defendants Jack DaSilva, Rusell Gritzmacher, J&R Earth, Inc., and JBD Contracting, Inc.'s time to answer or otherwise respond to the Complaint is EXTENDED to June 10, 2024. So Ordered by Magistrate Judge Anne Y. Shields on 5/10/2024. (DM)
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Thursday, May 09, 2024
12 12 motion Extension of Time to File Answer Thu 05/09 2:43 PM
MOTION for Extension of Time to File Answer re1 Complaint, by Jack DaSilva, Rusell Gritzmacher, J&R Earth, Inc., JBD Contracting, Inc.. (Mizrahi, Jason)
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Thursday, May 02, 2024
11 11 notice Notice of Appearance Thu 05/02 5:05 PM
NOTICE of Appearance by Jason Mizrahi on behalf of All Defendants (aty to be noticed) (Mizrahi, Jason)
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10 10 notice Notice of Appearance Thu 05/02 5:03 PM
NOTICE of Appearance by Joshua Levin-Epstein on behalf of All Defendants (aty to be noticed) (Levin-Epstein, Joshua)
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Wednesday, May 01, 2024
9 9 service Summons Returned Executed Wed 05/01 4:44 PM
SUMMONS Returned Executed by Erwin Arriasa Carrera. Rusell Gritzmacher served on 4/17/2024, answer due 5/8/2024. (Sojo, Catalina)
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8 8 service Summons Returned Executed Wed 05/01 4:43 PM
SUMMONS Returned Executed by Erwin Arriasa Carrera. Jack DaSilva served on 4/17/2024, answer due 5/8/2024. (Sojo, Catalina)
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Friday, April 26, 2024
7 7 order Scheduling Order Fri 04/26 3:14 PM
ORDER: An IN-PERSON Initial Conference is set for 9/25/2024 at 10:30 AM in Courtroom 840 before Magistrate Judge Anne Y. Shields. See order and attachment. Ordered by Magistrate Judge Anne Y. Shields on 4/26/2024. (JT)
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Att: 1 AYS RULES
Thursday, April 18, 2024
6 6 service Summons Returned Executed Thu 04/18 1:14 PM
SUMMONS Returned Executed by Erwin Arriasa Carrera. JBD Contracting, Inc. served on 4/12/2024, answer due 5/3/2024. (Sojo, Catalina)
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5 5 service Summons Returned Executed Thu 04/18 1:13 PM
SUMMONS Returned Executed by Erwin Arriasa Carrera. J&R Earth, Inc. served on 4/12/2024, answer due 5/3/2024. (Sojo, Catalina)
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Thursday, April 11, 2024
4 4 service Summons Issued Thu 04/11 9:38 AM
Summons Issued as to All Defendants. (CL)
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3 3 misc Clerks Notice of Rule 73 Thu 04/11 9:35 AM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (CL)
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misc Quality Control Check - Attorney Case Opening Thu 04/11 9:30 AM
This attorney case opening filing has been checked for quality control. (CL)
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utility Case Assigned/Reassigned Thu 04/11 9:34 AM
Case Assigned to Judge Ann M. Donnelly and Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CL)
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Wednesday, April 10, 2024
2 2 notice Notice of Appearance Wed 04/10 11:15 AM
NOTICE of Appearance by Jesse S. Barton on behalf of Erwin Arriasa Carrera (aty to be noticed) (Barton, Jesse)
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1 1 17 pgs cmp Complaint Wed 04/10 10:56 AM
COMPLAINT against Jack DaSilva, Rusell Gritzmacher, J&R Earth, Inc., JBD Contracting, Inc. filing fee $ 405, receipt number ANYEDC-17759061 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Erwin Arriasa Carrera. (Sojo, Catalina)
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Att: 1 Civil Cover Sheet,
Att: 2 Summons and Rider