135 San Lorenzo Avenue, Suite 770, Coral Gables, Florida 33146

TEL 305.230.4884 FAX 305.230.4844

www.fairlawattorney.com

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:22-CV-23074-BLOOM/OTAZO-REYES

OCTAVIO COLLADO

For himself and all other 

similarly situated,

Plaintiff,

vs.

450 NORTH RIVER DRIVE, LLC 

D/B/A KIKI ON THE RIVER 

AND ROMAN JONES,

Defendants.

______________________________/

PLAINTIFFS’ STATEMENT OF CLAIM

Plaintiff, Octavio Collado, and Opt-In Plaintiffs, Yordan Acosta and Francis Taylor,

pursuant to the Court’s Order entered on September 30, 2022 [ECF No. 9], file this Statement of 

Claim based on the information known to them and estimate as follows:

Preliminary Statement

This Statement of Claim is not be construed as a demand, nor as an exact quantification 

of her damages, but merely as a case management tool required by the Court. See Calderon v. Baker 

Concrete Const., Inc., 771 F.3d 807, 811 (11th Cir. 2014) (“That document is an extra-Rules practice 

used by the district court for its convenience and to aid in case management. It does not have the 

status of a pleading and it is not an amendment under Rule 15 of the Federal Rules of Civil 

Procedure.”)

Case 1:22-cv-23074-BB Document 10 Entered on FLSD Docket 10/13/2022 Page 1 of 3
135 San Lorenzo Avenue, Suite 770, Coral Gables, Florida 33146

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Information Requested by the Court

1. Plaintiffs do not have all the time, pay, or tip records relative to their employment 

at this time, and so they must estimate the corresponding tips (overtips) owed to them.

2. Plaintiff prepared this Statement of Claim with the assistance of counsel.

3. Plaintiffs estimate they are owed tips (overtips) that Defendants failed to pay them 

pursuant to 29 U.S.C. §203(m)(ii)(B), as follows:

a. Octavio Collado

From September 23, 2019 to January 23, 2021

(approximately 116 weeks)

Estimated $1,500.00 in tips (overtips) owed for every week he worked.

$1,500.00 x 116 weeks = $174,000.00 in tips (overtips) owed

b. Yordan Acosta

From September 23, 2019 to June 23, 2021

(approximately 86 weeks)

Estimated $1,000.00 in tips (overtips) owed for every week he worked.

$1,000.00 x 86 weeks = $86,00.00 in tips (overtips) owed

c. Francis Taylor

From September 23, 2019 to July 23, 2021

(approximately 90 weeks)

Estimated $500.00 in tips (overtips) owed for every week he worked.

$500.00 x 90 weeks = $45,000.00 tips (overtips) owed

4. Plaintiff and each of the Opt-In Plaintiffs also seeks liquidated in an amount equal 

to the above unpaid/underpaid tips (overtips) earned, plus reasonable attorneys’ fees and costs,

pursuant to the FLSA.

5. Plaintiffs’ Statement of Claim is based upon the information currently known 

and/or available. 

Case 1:22-cv-23074-BB Document 10 Entered on FLSD Docket 10/13/2022 Page 2 of 3
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TEL 305.230.4884 FAX 305.230.4844

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6. Plaintiffs reserve the right to amend this Statement of Claim based upon additional 

information provided by Defendants, through discovery, and/or as additional/different 

information becomes known. 

7. This Statement of Claim does not include any computation of for damages other 

than those sought in the operative/pending Complaint and is subject to revision through the course 

of discovery and/or the amendment of the Complaint.

Respectfully submitted this 13th day of October 2022.

Brian H. Pollock, Esq.

Brian H. Pollock, Esq. (174742)

brian@fairlawattorney.com

FAIRLAW FIRM

135 San Lorenzo Ave

Suite 770

Coral Gables, FL 33146

Tel: 305.230.4884

Counsel for Plaintiff

Case 1:22-cv-23074-BB Document 10 Entered on FLSD Docket 10/13/2022 Page 3 of 3