UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 22-cv-23074-BLOOM/Torres

OCTAVIO COLLADO

for himself and all others similarly situated,

Plaintiff, 

v. 

450 NORTH RIVER DRIVE, LLC, et al.,

Defendants.

 /

ORDER OF DISMISSAL WITHOUT PREJUDICE

THIS CAUSE is before the Court upon Defendants 450 North River Drive, LLC, d/b/a 

Kiki on the River, Roman Jones, and RJ River, LLC (“Defendants”) Motion to Dismiss Plaintiff’s 

Third Amended Complaint for Failing to Comply with the Order on Motion to Withdraw, ECF 

No. [249] (“Motion to Dismiss”). Defendants’ Motion to Dismiss requests that the Court dismiss 

this case pursuant to the Court’s Order on Motion to Withdraw, ECF No. [241] (“Order”), and 

Federal Rule of Civil Procedure 41(b).1

On January 8, 2024, the Court granted the Amended Motion to Withdraw, ECF No. [235], 

filed by Plaintiff’s former counsel, Brian H. Pollock. See ECF No. [241]. The Court’s Order 

directed Plaintiff to either file a notice indicating that he wishes to proceed pro se in this matter or 

have new counsel enter an appearance in this matter by January 29, 2024.” Id. at 2. The Order 

further stated that “[f]ailure by Plaintiff to comply will result in appropriate sanctions, including 

1 Defendants’ Motion to Dismiss also requests that the Court retain jurisdiction over the parties and 

Plaintiff’s former counsel, Brian H. Pollock of Fairlaw Firm, to adjudicate Defendants’ pending Motion for 

Sanctions, ECF No. [243]. The Court agrees that retaining jurisdiction is appropriate for this limited 

purpose. The Court accordingly dismisses this case and retains jurisdiction to adjudicate Defendants’ 

Motion for Sanctions pursuant to its inherent authority and 28 U.S.C. § 1927. See Absolute Activist Value

Master Fund Ltd. v. Devine, 998 F.3d 1258, 1266 (11th Cir. 2021).

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Case No. 22-cv-23074-BLOOM/Torres

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dismissal without prejudice and without further notice.” Id. To date, Plaintiff has failed to comply, 

nor has he shown good cause for his failure to do so. Notwithstanding Plaintiff’s failure to comply 

with the Court’s Order, the Court permitted Plaintiff an opportunity to respond to the Motion. 

Plaintiff failed to do so. 

Accordingly, it is ORDERED AND ADJUDGED as follows:

1. Defendants’ Motion to Dismiss, ECF No. [249], is GRANTED;

2. The above-styled case is DISMISSED WITHOUT PREJUDICE for failure to 

comply with the Court’s Order on Motion to Withdraw, ECF No. [241], or properly 

respond to the Motion to Dismiss.

3. The Court shall retain jurisdiction over the parties, Brian H. Pollock, and the FairLaw 

Firm to adjudicate Defendants’ pending Motion for Sanctions, ECF No. [243], 

pursuant to its inherent authority and 28 U.S.C. § 1927;

4. The Clerk of Court shall CLOSE this case for administrative purposes only.

DONE AND ORDERED in Chambers at Miami, Florida, on February 15, 2024.

_________________________________

BETH BLOOM

UNITED STATES DISTRICT JUDGE

Copies to:

Counsel of Record

Octavio Collado

8250 N.W. 5th Terrace, Apt. 632

Miami, FL 33126

PRO SE

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